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Privacy Notice |
THE PRIVACY ACT OF 1974
5 U.S.C. § 552A
As Amended
§ 552a. Records maintained on individuals
(a) Definitions
For purposes of this section--
- the term "agency" means agency as defined in section 552(f) of this title;
- the term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence;
- the term "maintain" includes maintain, collect, use or disseminate;
- the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
- the term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
- the term "statistical record" means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of Title 13;
- the term "routine use" means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
- the term "matching program"--
- means any computerized comparison of--
- two or more automated systems of records or a system of records with non-Federal records for the purpose of--
- establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or
- recouping payments or delinquent debts under such Federal benefit programs, or
- two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records,
- but does not include--
- matches performed to produce aggregate statistical data without any personal identifiers;
- matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals;
- matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons;
- matches of tax information
- pursuant to section 6103(d) of the Internal Revenue Code of 1986,
- for purposes of tax administration as defined in section 6103(b)(4) of such Code,
- for the purpose of intercepting a tax refund due an individual under authority granted by section 404(e), 464, or 1137 of the Social Security Act; or
- for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act;
- matches--
- using records predominantly relating to Federal personnel, that are performed for routine administrative purposes (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)); or
- conducted by an agency using only records from systems of records maintained by that agency;
if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel; or
- matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel;
- matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986; or
- matches performed pursuant to section 202(x)(3) or 1611(e)(1) of the Social Security Act (42 U.S.C. § 402(x)(3), § 1382(e)(1);
- the term "recipient agency" means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program;
- the term "non-Federal agency" means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program;
- the term "source agency" means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program;
- the term "Federal benefit program" means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; and
- the term "Federal personnel" means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits).
(b) Conditions of disclosure
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be--
- to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;
- required under section 552 of this title;
- for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;
- to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13;
- to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
- to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;
- to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;
- to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
- to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;
- to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;
- pursuant to the order of a court of competent jurisdiction; or
- to a consumer reporting agency in accordance with section 3711(e) of Title 31.
(c) Accounting of Certain Disclosures
Each agency, with respect to each system of records under its control, shall--
- except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of--
- the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and
- the name and address of the person or agency to whom the disclosure is made;
- retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made;
- except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and
- inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.
(d) Access to records
Each agency that maintains a system of records shall--
- upon request by any individual to
gain access to his record or to any information pertaining to him which is contained in
the system, permit him and upon his request, a person of his own choosing to accompany
him, to review the record and have a copy made of all or any portion thereof in a form
comprehensible to him, except that the agency may require the individual to furnish a
written statement authorizing discussion of that individual's record in the accompanying
person's presence;
- permit the individual to request
amendment of a record pertaining to him and--
- not later than 10 days (excluding
Saturdays, Sundays, and legal public holidays) after the date of receipt of such request,
acknowledge in writing such receipt; and
- promptly, either--
- make any correction of any portion
thereof which the individual believes is not accurate, relevant, timely, or complete; or
- inform the individual of its refusal to
amend the record in accordance with his request, the reason for the refusal, the
procedures established by the agency for the individual to request a review of that
refusal by the head of the agency or an officer designated by the head of the agency, and
the name and business address of that official;
- permit the individual who disagrees
with the refusal of the agency to amend his record to request a review of such refusal,
and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from
the date on which the individual requests such review, complete such review and make a
final determination unless, for good cause shown, the head of the agency extends such
30-day period; and if, after his review, the reviewing official also refuses to amend the
record in accordance with the request, permit the individual to file with the agency a
concise statement setting forth the reasons for his disagreement with the refusal of the
agency, and notify the individual of the provisions for judicial review of the reviewing
official's determination under subsection (g)(1)(A) of this section;
- in any disclosure, containing information
about which the individual has filed a statement of disagreement, occurring after the
filing of the statement under paragraph (3) of this subsection, clearly note any portion
of the record which is disputed and provide copies of the statement and, if the agency
deems it appropriate, copies of a concise statement of the reasons of the agency for not
making the amendments requested, to persons or other agencies to whom the disputed record
has been disclosed; and
- nothing in this section shall allow an
individual access to any information compiled in reasonable anticipation of a civil action
or proceeding.
(e) Agency requirements
Each agency that maintains a system of records shall--
- maintain in its records only such
information about an individual as is relevant and necessary to accomplish a purpose of
the agency required to be accomplished by statute or by Executive order of the President;
- (2) collect information to the greatest
extent practicable directly from the subject individual when the information may result in
adverse determinations about an individual's rights, benefits, and privileges under
Federal programs;
- inform each individual whom it asks to
supply information, on the form which it uses to collect the information or on a separate
form that can be retained by the individual--
- the authority (whether granted by
statute, or by Executive order of the President) which authorizes the solicitation of the
information and whether disclosure of such information is mandatory or voluntary;
- the principal purpose or purposes for
which the information is intended to be used;
- the routine uses which may be made of the
information, as published pursuant to paragraph (4)(D) of this subsection; and
- the effects on him, if any, of not
providing all or any part of the requested information;
- subject to the provisions of
paragraph (11) of this subsection, publish in the Federal Register upon establishment or
revision a notice of the existence and character of the system of records, which notice
shall include--
- the name and location of the
system;
- the categories of individuals on whom
records are maintained in the system;
- the categories of records maintained in
the system;
- each routine use of the records contained
in the system, including the categories of users and the purpose of such use;
- the policies and practices of the agency
regarding storage, retrievability, access controls, retention, and disposal of the
records;
- the title and business address of the
agency official who is responsible for the system of records;
- the agency procedures whereby an
individual can be notified at his request if the system of records contains a record
pertaining to him;
- the agency procedures whereby an
individual can be notified at his request how he can gain access to any record pertaining
to him contained in the system of records, and how he can contest its content; and
- the categories of sources of records in
the system;
- maintain all records which are used
by the agency in making any determination about any individual with such accuracy,
relevance, timeliness, and completeness as is reasonably necessary to assure fairness to
the individual in the determination;
- prior to disseminating any record about
an individual to any person other than an agency, unless the dissemination is made
pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such
records are accurate, complete, timely, and relevant for agency purposes;
- maintain no record describing how any
individual exercises rights guaranteed by the First Amendment unless expressly authorized
by statute or by the individual about whom the record is maintained or unless pertinent to
and within the scope of an authorized law enforcement activity;
- make reasonable efforts to serve notice
on an individual when any record on such individual is made available to any person under
compulsory legal process when such process becomes a matter of public record;
- establish rules of conduct for persons
involved in the design, development, operation, or maintenance of any system of records,
or in maintaining any record, and instruct each such person with respect to such rules and
the requirements of this section, including any other rules and procedures adopted
pursuant to this section and the penalties for noncompliance;
- establish appropriate administrative,
technical and physical safeguards to insure the security and confidentiality of records
and to protect against any anticipated threats or hazards to their security or integrity
which could result in substantial harm, embarrassment, inconvenience, or unfairness to any
individual on whom information is maintained;
- at least 30 days prior to publication of
information under paragraph (4)(D) of this subsection, publish in the Federal Register
notice of any new use or intended use of the information in the system, and provide an
opportunity for interested persons to submit written data, views, or arguments to the
agency; and
- if such agency is a recipient agency or
a source agency in a matching program with a non-Federal agency, with respect to any
establishment or revision of a matching program, at least 30 days prior to conducting such
program, publish in the Federal Register notice of such establishment or revision.
(f) Agency rules
In order to carry out the provisions of this
section, each agency that maintains a system of records shall promulgate rules, in
accordance with the requirements (including general notice) of section 553 of this title,
which shall--
- establish
procedures whereby an individual can be notified in response to his request if any system
of records named by the individual contains a record pertaining to him;
- define reasonable times, places, and
requirements for identifying an individual who requests his record or information
pertaining to him before the agency shall make the record or information available to the
individual;
- establish procedures for the disclosure
to an individual upon his request of his record or information pertaining to him,
including special procedure, if deemed necessary, for the disclosure to an individual of
medical records, including psychological records, pertaining to him;
- establish procedures for reviewing a
request from an individual concerning the amendment of any record or information
pertaining to the individual, for making a determination on the request, for an appeal
within the agency of an initial adverse agency determination, and for whatever additional
means may be necessary for each individual to be able to exercise fully his rights under
this section; and
- establish fees to be charged, if any, to
any individual for making copies of his record, excluding the cost of any search for and
review of the record.
The Office of the Federal Register shall
biennially compile and publish the rules promulgated under this subsection and agency
notices published under subsection (e)(4) of this section in a form available to the
public at low cost.
(g)
- Civil remedies
Whenever any agency
- makes a determination under
subsection (d)(3) of this section not to amend an individual's record in accordance with
his request, or fails to make such review in conformity with that subsection;
- refuses to comply with an individual
request under subsection (d)(1) of this section;
- fails to maintain any record concerning
any individual with such accuracy, relevance, timeliness, and completeness as is necessary
to assure fairness in any determination relating to the qualifications, character, rights,
or opportunities of, or benefits to the individual that may be made on the basis of such
record, and consequently a determination is made which is adverse to the individual; or
- fails to comply with any other provision
of this section, or any rule promulgated thereunder, in such a way as to have an adverse
effect on an individual, the individual may bring a civil action against the agency, and
the district courts of the United States shall have jurisdiction in the matters under the
provisions of this subsection.
-
- In any
suit brought under the provisions of subsection (g)(1)(A) of this section, the court may
order the agency to amend the individual's record in accordance with his request or in
such other way as the court may direct. In such a case the court shall determine the
matter de novo.
- The court
may assess against the United States reasonable attorney fees and other litigation costs
reasonably incurred in any case under this paragraph in which the complainant has
substantially prevailed.
-
- In any
suit brought under the provisions of subsection (g)(1)(B) of this section, the court may
enjoin the agency from withholding the records and order the production to the complainant
of any agency records improperly withheld from him. In such a case the court shall
determine the matter de novo, and may examine the contents of any agency records in camera
to determine whether the records or any portion thereof may be withheld under any of the
exemptions set forth in subsection (k) of this section, and the burden is on the agency to
sustain its action.
- The court
may assess against the United States reasonable attorney fees and other litigation costs
reasonably incurred in any case under this paragraph in which the complainant has
substantially prevailed.
- In any suit brought under the
provisions of subsection (g)(1)(C) or (D) of this section in which the court determines
that the agency acted in a manner which was intentional or willful, the United States
shall be liable to the individual in an amount equal to the sum of--
- actual damages sustained by the
individual as a result of the refusal or failure, but in no case shall a person entitled
to recovery receive less than the sum of $1,000; and
- the costs of the action together with
reasonable attorney fees as determined by the court.
- An action to
enforce any liability created under this section may be brought in the district court of
the United States in the district in which the complainant resides, or has his principal
place of business, or in which the agency records are situated, or in the District of
Columbia, without regard to the amount in controversy, within two years from the date on
which the cause of action arises, except that where an agency has materially and willfully
misrepresented any information required under this section to be disclosed to an
individual and the information so misrepresented is material to establishment of the
liability of the agency to the individual under this section, the action may be brought at
any time within two years after discovery by the individual of the misrepresentation.
Nothing in this section shall be construed to authorize any civil action by reason of any
injury sustained as the result of a disclosure of a record prior to September 27, 1975.
(h) Rights of legal guardians
For the purposes of this section, the
parent of any minor, or the legal guardian of any individual who has been declared to be
incompetent due to physical or mental incapacity or age by a court of competent
jurisdiction, may act on behalf of the individual.
(i)
- Criminal penalties
Any officer or employee of an agency,
who by virtue of his employment or official position, has possession of, or access to,
agency records which contain individually identifiable information the disclosure of which
is prohibited by this section or by rules or regulations established thereunder, and who
knowing that disclosure of the specific material is so prohibited, willfully discloses the
material in any manner to any person or agency not entitled to receive it, shall be guilty
of a misdemeanor and fined not more than $5,000.
- Any officer
or employee of any agency who willfully maintains a system of records without meeting the
notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor
and fined not more than $5,000.
- Any person who knowingly and willfully
requests or obtains any record concerning an individual from an agency under false
pretenses shall be guilty of a misdemeanor and fined not more than $5,000.
(j) General exemptions
The head of any agency may promulgate
rules, in accordance with the requirements (including general notice) of sections
553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records
within the agency from any part of this section except subsections (b), (c)(1) and (2),
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records
is--
- maintained
by the Central Intelligence Agency; or
- maintained by an agency or component
thereof which performs as its principal function any activity pertaining to the
enforcement of criminal laws, including police efforts to prevent, control, or reduce
crime or to apprehend criminals, and the activities of prosecutors, courts, correctional,
probation, pardon, or parole authorities, and which consists of
- information compiled
for the purpose of identifying individual criminal offenders and alleged offenders and
consisting only of identifying data and notations of arrests, the nature and disposition
of criminal charges, sentencing, confinement, release, and parole and probation status;
- information compiled for the purpose of a criminal investigation, including reports of
informants and investigators, and associated with an identifiable individual; or
- reports identifiable to an individual compiled at any stage of the process of enforcement
of the criminal laws from arrest or indictment through release from supervision.
At the time rules are adopted under this
subsection, the agency shall include in the statement required under section 553(c) of
this title, the reasons why the system of records is to be exempted from a provision of
this section.
(k) Specific exemptions
The head of any agency may promulgate rules,
in accordance with the requirements (including general notice) of sections 553(b)(1), (2),
and (3), (c), and (e) of this title, to exempt any system of records within the agency
from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if
the system of records is--
- subject to the provisions of
section 552(b)(1) of this title;
- investigatory material compiled for law
enforcement purposes, other than material within the scope of subsection (j)(2) of this
section: Provided, however, That if any individual is denied any right,
privilege, or benefit that he would otherwise be entitled by Federal law, or for which he
would otherwise be eligible, as a result of the maintenance of such material, such
material shall be provided to such individual, except to the extent that the disclosure of
such material would reveal the identity of a source who furnished information to the
Government under an express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section, under an implied promise that
the identity of the source would be held in confidence;
- maintained in connection with providing
protective services to the President of the United States or other individuals pursuant to
section 3056 of Title 18;
- required by statute to be maintained and
used solely as statistical records;
- investigatory material compiled solely
for the purpose of determining suitability, eligibility, or qualifications for Federal
civilian employment, military service, Federal contracts, or access to classified
information, but only to the extent that the disclosure of such material would reveal the
identity of a source who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or, prior to the effective
date of this section, under an implied promise that the identity of the source would be
held in confidence;
- testing or examination material used
solely to determine individual qualifications for appointment or promotion in the Federal
service the disclosure of which would compromise the objectivity or fairness of the
testing or examination process; or
- evaluation material used to determine
potential for promotion in the armed services, but only to the extent that the disclosure
of such material would reveal the identity of a source who furnished information to the
Government under an express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section, under an implied promise that
the identity of the source would be held in confidence.
At the time rules are adopted under this
subsection, the agency shall include in the statement required under section 553(c) of
this title, the reasons why the system of records is to be exempted from a provision of
this section.
(l) Archival records
- Each agency
record which is accepted by the Archivist of the United States for storage, processing,
and servicing in accordance with section 3103 of Title 44 shall, for the purposes of this
section, be considered to be maintained by the agency which deposited the record and shall
be subject to the provisions of this section. The Archivist of the United States shall not
disclose the record except to the agency which maintains the record, or under rules
established by that agency which are not inconsistent with the provisions of this section.
- Each agency record pertaining to an
identifiable individual which was transferred to the National Archives of the United
States as a record which has sufficient historical or other value to warrant its continued
preservation by the United States Government, prior to the effective date of this section,
shall, for the purposes of this section, be considered to be maintained by the National
Archives and shall not be subject to the provisions of this section, except that a
statement generally describing such records (modeled after the requirements relating to
records subject to subsections (e)(4)(A) through (G) of this section) shall be published
in the Federal Register.
- Each agency record pertaining to an
identifiable individual which is transferred to the National Archives of the United States
as a record which has sufficient historical or other value to warrant its continued
preservation by the United States Government, on or after the effective date of this
section, shall, for the purposes of this section, be considered to be maintained by the
National Archives and shall be exempt from the requirements of this section except
subsections (e)(4)(A) through (G) and (e)(9) of this section.
(m) Government contractors
- When an
agency provides by a contract for the operation by or on behalf of the agency of a system
of records to accomplish an agency function, the agency shall, consistent with its
authority, cause the requirements of this section to be applied to such system. For
purposes of subsection (i) of this section any such contractor and any employee of such
contractor, if such contract is agreed to on or after the effective date of this section,
shall be considered to be an employee of an agency.
- A consumer reporting agency to which a
record is disclosed under section 3711(e) of Title 31 shall not be considered a contractor
for the purposes of this section.
(n) Mailing lists
An individual's name and address may not
be sold or rented by an agency unless such action is specifically authorized by law. This
provision shall not be construed to require the withholding of names and addresses
otherwise permitted to be made public.
(o) Matching agreements--
- No record which is contained in
a system of records may be disclosed to a recipient agency or non-Federal agency for use
in a computer matching program except pursuant to a written agreement between the source
agency and the recipient agency or non-Federal agency specifying--
- the purpose
and legal authority for conducting the program;
- the justification for the program and the
anticipated results, including a specific estimate of any savings;
- a description of the records that will be
matched, including each data element that will be used, the approximate number of records
that will be matched, and the projected starting and completion dates of the matching
program;
- procedures for providing individualized
notice at the time of application, and notice periodically thereafter as directed by the
Data Integrity Board of such agency (subject to guidance provided by the Director of the
Office of Management and Budget pursuant to subsection (v)), to--
- applicants
for and recipients of financial assistance or payments under Federal benefit programs, and
- applicants for and holders of positions
as Federal personnel, that any information provided by such applicants, recipients,
holders, and individuals may be subject to verification through matching programs;
- procedures for verifying information
produced in such matching program as required by subsection (p);
- procedures for the retention and timely
destruction of identifiable records created by a recipient agency or non-Federal agency in
such matching program;
- procedures for ensuring the
administrative, technical, and physical security of the records matched and the results of
such programs;
- prohibitions on duplication and
redisclosure of records provided by the source agency within or outside the recipient
agency or the non-Federal agency, except where required by law or essential to the conduct
of the matching program;
- procedures governing the use by a
recipient agency or non-Federal agency of records provided in a matching program by a
source agency, including procedures governing return of the records to the source agency
or destruction of records used in such program;
- information on assessments that have been
made on the accuracy of the records that will be used in such matching program; and
- that the Comptroller General may have
access to all records of a recipient agency or a non-Federal agency that the Comptroller
General deems necessary in order to monitor or verify compliance with the agreement.
-
- A copy of
each agreement entered into pursuant to paragraph (1) shall--
- be
transmitted to the Committee on Governmental Affairs of the Senate and the Committee on
Government Operations of the House of Representatives; and
- be available upon request to the public.
- No such
agreement shall be effective until 30 days after the date on which such a copy is
transmitted pursuant to subparagraph (A)(i).
- Such an agreement shall remain in effect
only for such period, not to exceed 18 months, as the Data Integrity Board of the agency
determines is appropriate in light of the purposes, and length of time necessary for the
conduct, of the matching program.
- Within 3 months prior to the expiration
of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the agency
may, without additional review, renew the matching agreement for a current, ongoing
matching program for not more than one additional year if--
- such program
will be conducted without any change; and
- each party to the agreement certifies to
the Board in writing that the program has been conducted in compliance with the agreement.
(p) Verification and Opportunity to Contest
Findings
- In order to
protect any individual whose records are used in a matching program, no recipient agency,
non-Federal agency, or source agency may suspend, terminate, reduce, or make a final
denial of any financial assistance or payment under a Federal benefit program to such
individual, or take other adverse action against such individual, as a result of
information produced by such matching program, until--
-
- the
agency has independently verified the information; or
- the Data
Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity
Board of the source agency, determines in accordance with guidance issued by the Director
of the Office of Management and Budget that--
- the information is limited to
identification and amount of benefits paid by the source agency under a Federal benefit
program; and
- there is a high degree of confidence
that the information provided to the recipient agency is accurate;
- the
individual receives a notice from the agency containing a statement of its findings and
informing the individual of the opportunity to contest such findings; and
-
- the expiration of any time period
established for the program by statute or regulation for the individual to respond to that
notice; or
- in the case of a program for which
no such period is established, the end of the 30-day period beginning on the date on which
notice under subparagraph (B) is mailed or otherwise provided to the individual.
- Independent
verification referred to in paragraph (1) requires investigation and confirmation of
specific information relating to an individual that is used as a basis for an adverse
action against the individual, including where applicable investigation and confirmation
of--
- the amount
of any asset or income involved;
- whether such individual actually has or
had access to such asset or income for such individual's own use; and
- the period or periods when the individual
actually had such asset or income.
- Notwithstanding paragraph (1), an agency may take any appropriate action otherwise
prohibited by such paragraph if the agency determines that the public health or public
safety may be adversely affected or significantly threatened during any notice period
required by such paragraph.
(q) Sanctions
- Notwithstanding any other provision of law, no source agency may disclose any record which
is contained in a system of records to a recipient agency or non-Federal agency for a
matching program if such source agency has reason to believe that the requirements of
subsection (p), or any matching agreement entered into pursuant to subsection (o), or
both, are not being met by such recipient agency.
- No source agency may renew a matching
agreement unless--
- the
recipient agency or non-Federal agency has certified that it has complied with the
provisions of that agreement; and
- the source agency has no reason to
believe that the certification is inaccurate.
(r) Report on new systems and matching programs
Each agency that proposes to establish
or make a significant change in a system of records or a matching program shall provide
adequate advance notice of any such proposal (in duplicate) to the Committee on Government
Operations of the House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Office of Management and Budget in order to permit an evaluation of the
probable or potential effect of such proposal on the privacy or other rights of
individuals.
(s) [Biennial report] Repealed by the Federal Reports Elimination and Sunset Act of 1995, Pub.
L. No. 104-66, § 3003, 109 Stat. 707, 734-36 (1995), amended by Pub. L. No.
106-113, § 236, 113 Stat. 1501, 1501A-302 (1999) (changing effective date to May 15,
2000).
(t) Effect of other laws
- No agency
shall rely on any exemption contained in section 552 of this title to withhold from an
individual any record which is otherwise accessible to such individual under the
provisions of this section.
- No agency shall rely on any exemption in
this section to withhold from an individual any record which is otherwise accessible to
such individual under the provisions of section 552 of this title.
(u) Data Integrity Boards
- Every agency
conducting or participating in a matching program shall establish a Data Integrity Board
to oversee and coordinate among the various components of such agency the agency's
implementation of this section.
- Each Data Integrity Board shall consist
of senior officials designated by the head of the agency, and shall include any senior
official designated by the head of the agency as responsible for implementation of this
section, and the inspector general of the agency, if any. The inspector general shall not
serve as chairman of the Data Integrity Board.
- Each Data Integrity Board--
- shall
review, approve, and maintain all written agreements for receipt or disclosure of agency
records for matching programs to ensure compliance with subsection (o), and all relevant
statutes, regulations, and guidelines;
- shall review all matching programs in
which the agency has participated during the year, either as a source agency or recipient
agency, determine compliance with applicable laws, regulations, guidelines, and agency
agreements, and assess the costs and benefits of such programs;
- shall review all recurring matching
programs in which the agency has participated during the year, either as a source agency
or recipient agency, for continued justification for such disclosures;
- shall compile an annual report, which
shall be submitted to the head of the agency and the Office of Management and Budget and
made available to the public on request, describing the matching activities of the agency,
including--
- matching programs in which the
agency has participated as a source agency or recipient agency;
- matching agreements proposed under
subsection (o) that were disapproved by the Board;
- any changes in membership or structure
of the Board in the preceding year;
- the reasons for any waiver of the
requirement in paragraph (4) of this section for completion and submission of a
cost-benefit analysis prior to the approval of a matching program;
- any violations of matching agreements
that have been alleged or identified and any corrective action taken; and
- any other information required by the
Director of the Office of Management and Budget to be included in such report;
- shall serve as a clearinghouse for
receiving and providing information on the accuracy, completeness, and reliability of
records used in matching programs;
- shall provide interpretation and guidance
to agency components and personnel on the requirements of this section for matching
programs;
- shall review agency recordkeeping and
disposal policies and practices for matching programs to assure compliance with this
section; and
- may review and report on any agency
matching activities that are not matching programs.
-
- Except as provided in subparagraphs
(B) and (C), a Data Integrity Board shall not approve any written agreement for a matching
program unless the agency has completed and submitted to such Board a cost-benefit
analysis of the proposed program and such analysis demonstrates that the program is likely
to be cost effective.
- The Board
may waive the requirements of subparagraph (A) of this paragraph if it determines in
writing, in accordance with guidelines prescribed by the Director of the Office of
Management and Budget, that a cost-benefit analysis is not required.
- A cost-benefit analysis shall not be
required under subparagraph (A) prior to the initial approval of a written agreement for a
matching program that is specifically required by statute. Any subsequent written
agreement for such a program shall not be approved by the Data Integrity Board unless the
agency has submitted a cost-benefit analysis of the program as conducted under the
preceding approval of such agreement.
-
- If a matching agreement is disapproved
by a Data Integrity Board, any party to such agreement may appeal the disapproval to the
Director of the Office of Management and Budget. Timely notice of the filing of such an
appeal shall be provided by the Director of the Office of Management and Budget to the
Committee on Governmental Affairs of the Senate and the Committee on Government Operations
of the House of Representatives.
- The Director
of the Office of Management and Budget may approve a matching agreement notwithstanding
the disapproval of a Data Integrity Board if the Director determines that--
- the matching
program will be consistent with all applicable legal, regulatory, and policy requirements;
- there is adequate evidence that the
matching agreement will be cost- effective; and
- the matching program is in the public
interest.
- The decision
of the Director to approve a matching agreement shall not take effect until 30 days after
it is reported to committees described in subparagraph (A).
- If the Data Integrity Board and the
Director of the Office of Management and Budget disapprove a matching program proposed by
the inspector general of an agency, the inspector general may report the disapproval to
the head of the agency and to the Congress.
- The Director
of the Office of Management and Budget shall, annually during the first 3 years after the
date of enactment of this subsection and biennially thereafter, consolidate in a report to
the Congress the information contained in the reports from the various Data Integrity
Boards under paragraph (3)(D). Such report shall include detailed information about costs
and benefits of matching programs that are conducted during the period covered by such
consolidated report, and shall identify each waiver granted by a Data Integrity Board of
the requirement for completion and submission of a cost-benefit analysis and the reasons
for granting the waiver.
- In the reports required by paragraphs
(3)(D) and (6), agency matching activities that are not matching programs may be reported
on an aggregate basis, if and to the extent necessary to protect ongoing law enforcement
or counterintelligence investigations.
(v) Office of Management and Budget
Responsibilities
The Director of the Office of Management
and Budget shall--
- develop and,
after notice and opportunity for public comment, prescribe guidelines and regulations for
the use of agencies in implementing the provisions of this section; and
- provide continuing assistance to and
oversight of the implementation of this section by agencies.
The following section was originally part of
the Privacy Act but was not codified; it may be found at § 552a (note).
Sec. 7
-
- It
shall be unlawful for any Federal, State or local government agency to deny to any
individual any right, benefit, or privilege provided by law because of such individual's
refusal to disclose his social security account number.
- the
provisions of paragraph (1) of this subsection shall not apply with respect to--
- any disclosure which is required by
Federal statute, or
- any disclosure of a social security
number to any Federal, State, or local agency maintaining a system of records in existence
and operating before January 1, 1975, if such disclosure was required under statute or
regulation adopted prior to such date to verify the identity of an individual.
- Any Federal,
State or local government agency which requests an individual to disclose his social
security account number shall inform that individual whether that disclosure is mandatory
or voluntary, by what statutory or other authority such number is solicited, and what uses
will be made of it.
The following sections were originally part
of P.L. 100-503, the Computer Matching and Privacy Protection Act of 1988; they may be
found at § 552a (note).
Sec. 6 Functions
of the Director of the Office of Management and Budget.
- Implementation Guidance for Amendments-- The Director shall, pursuant to section 552a(v)
of Title 5, United States Code, develop guidelines and regulations for the use of agencies
in implementing the amendments made by this Act not later than 8 months after the date of
enactment of this Act.
Sec. 9 Rules of
Construction.
Nothing in the amendments made by this Act
shall be construed to authorize--
- the
establishment or maintenance by any agency of a national data bank that combines, merges,
or links information on individuals maintained in systems of records by other Federal
agencies;
- the direct linking of computerized
systems of records maintained by Federal agencies;
- the computer matching of records not
otherwise authorized by law; or
- the disclosure of records for computer
matching except to a Federal, State, or local agency.
Sec. 10 Effective Dates.
- In General--
Except as provided in subsection (b), the amendments made by this Act shall take effect 9
months after the date of enactment of this Act.
- Exceptions-- The amendment made by
sections 3(b) [Notice of Matching Programs - Report to Congress and the Office of
Management and Budget], 6 [Functions of the Director of the Office of Management and
Budget], 7 [Compilation of Rules and Notices] and 8 [Annual Report] of this Act shall take
effect upon enactment.
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