[ Home ] [ FOIA ] [ Privacy Act ] [ E-FOIA ] [ Contacts ] [ Links ] [ Site Index ]
The Privacy Act of 1974
5 U.S.C. § 552a
As Amended
§ 552a. Records
maintained on individuals (a) Definitions For purposes of
this section-- (1) the term
"agency" means agency as defined in section 552(f) of this title; (2) the term
"individual" means a citizen of the United States or an alien
lawfully admitted for permanent residence; (3) the term
"maintain" includes maintain, collect, use or disseminate; (4) 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; (5) 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; (6) 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; (7) 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; (8) the term
"matching program"-- (A) means any computerized comparison of--
(i) two or more automated systems of
records or a system of records with non-Federal records for the purpose of--
(I) 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
(II) recouping payments or delinquent
debts under such Federal benefit programs, or
(ii) two or more automated Federal
personnel or payroll systems of records or a system of Federal personnel or
payroll records with non-Federal records, (B) but does not
include--
(i) matches performed to produce
aggregate statistical data without any personal identifiers;
(ii) 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;
(iii) 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;
(iv) matches of tax information (I)
pursuant to section 6103(d) of the Internal Revenue Code of 1986, (II) for
purposes of tax administration as defined in section 6103(b)(4) of such Code,
(III) 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 (IV) 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;
(v) matches--
(I) 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
(II) 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
(vi) matches performed for foreign
counterintelligence purposes or to produce background checks for security
clearances of Federal personnel or Federal contractor personnel; or
(vii) matches performed incident to a levy
described in section 6103(k)(8) of the Internal Revenue Code of 1986; (9) 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; (10) 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; (11) 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; (12) 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 (13) 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-- (1) 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; (2) required
under section 552 of this title; (3) for a
routine use as defined in subsection (a)(7) of this section and described
under subsection (e)(4)(D) of this section; (4) 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; (5) 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; (6) 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;
(7) 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; (8) 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; (9) 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; (10) to the
Comptroller General, or any of his authorized representatives, in the course
of the performance of the duties of the General Accounting Office; (11) pursuant to
the order of a court of competent jurisdiction; or (12) 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-- (1) except for
disclosures made under subsections (b)(1) or (b)(2) of this section, keep an
accurate accounting of-- (A) 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 (B) the name and address of the person or agency to whom the
disclosure is made; (2) 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; (3) 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 (4) 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-- (1) 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; (2) permit the
individual to request amendment of a record pertaining to him and-- (A) 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 (B) promptly, either--
(i) make any correction of any portion
thereof which the individual believes is not accurate, relevant, timely, or
complete; or
(ii) 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; (3) 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; (4) 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 (5) 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-- (1) 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; (3) 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-- (A) 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; (B) the principal purpose or purposes for which the
information is intended to be used; (C) the routine uses which may be made of the information, as
published pursuant to paragraph (4)(D) of this subsection; and (D) the effects on him, if any, of not providing all or any
part of the requested information; (4) 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-- (A) the name and location of the system; (B) the categories of individuals on whom records are
maintained in the system; (C) the categories of records maintained in the system; (D) each routine use of the records contained in the system,
including the categories of users and the purpose of such use; (E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and disposal of the
records; (F) the title and business address of the agency official who
is responsible for the system of records; (G) the agency procedures whereby an individual can be
notified at his request if the system of records contains a record pertaining
to him; (H) 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 (I) the categories of sources of records in the system; (5) 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; (6) 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; (7) 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; (8) 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; (9) 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; (10) 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; (11) 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 (12) 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-- (1) 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; (2) 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; (3) 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; (4) 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 (5) 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)(1) Civil remedies Whenever any
agency (A) 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; (B) refuses to comply with an individual request under
subsection (d)(1) of this section; (C) 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 (D) 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. (2)(A) 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. (B) 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. (3)(A) 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. (B) 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. (4) 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-- (A) 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 (B) the costs of the action together with reasonable attorney
fees as determined by the court. (5) 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)(1) 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. (2) 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. (3) 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-- (1) maintained
by the Central Intelligence Agency; or (2) 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 (A) 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; (B) information compiled for the purpose of a
criminal investigation, including reports of informants and investigators,
and associated with an identifiable individual; or (C) 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-- (1) subject to
the provisions of section 552(b)(1) of this title; (2)
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; (3) maintained
in connection with providing protective services to the President of the
United States or other individuals pursuant to section 3056 of Title 18; (4) required by
statute to be maintained and used solely as statistical records; (5)
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; (6) 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 (7) 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. (1) Archival records (1) 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. (2) 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. (3) 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 (1) 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. (2) 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-- (1) 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-- (A) the purpose and legal authority for conducting the
program; (B) the justification for the program and the anticipated
results, including a specific estimate of any savings; (C) 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; (D) 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--
(i) applicants for and recipients of
financial assistance or payments under Federal benefit programs, and
(ii) 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; (E) procedures for verifying information produced in such
matching program as required by subsection (p); (F) procedures for the retention and timely destruction of
identifiable records created by a recipient agency or non-Federal agency in
such matching program; (G) procedures for ensuring the administrative, technical, and
physical security of the records matched and the results of such programs; (H) 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; (I) 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; (J) information on assessments that have been made on the accuracy
of the records that will be used in such matching program; and (K) 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. (2)(A) A copy of
each agreement entered into pursuant to paragraph (1) shall--
(i) be transmitted to the Committee on
Governmental Affairs of the Senate and the Committee on Government Operations
of the House of Representatives; and
(ii) be available upon request to the
public. (B) No such agreement shall be effective until 30 days after
the date on which such a copy is transmitted pursuant to subparagraph (A)(i).
(C) 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. (D) 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--
(i) such program will be conducted without
any change; and
(ii) 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 (1) 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-- (A)(i) the agency has independently verified the information;
or (ii) 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--
(I) the information is limited to
identification and amount of benefits paid by the source agency under a
Federal benefit program; and
(II) there is a high degree of confidence
that the information provided to the recipient agency is accurate; (B) 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 (C)(i) the expiration of any time period established for the
program by statute or regulation for the individual to respond to that
notice; or (ii) 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. (2) 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-- (A) the amount of any asset or income involved; (B) whether such individual actually has or had access to such
asset or income for such individual's own use; and (C) the period or periods when the individual actually had
such asset or income. (3)
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 (1)
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. (2) No source
agency may renew a matching agreement unless-- (A) the recipient agency or non-Federal agency has certified
that it has complied with the provisions of that agreement; and (B) 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 The President shall biennially
submit to the Speaker of the House of Representatives and the President pro
tempore of the Senate a report-- (1) describing the
actions of the Director of the Office of Management and Budget pursuant to
section 6 of the Privacy Act of 1974 during the preceding two years; (2) describing
the exercise of individual rights of access and amendment under this section
during such years; (3) identifying
changes in or additions to systems of records; (4) containing
such other information concerning administration of this section as may be
necessary or useful to the Congress in reviewing the effectiveness of this
section in carrying out the purposes of the Privacy Act of 1974. (t) Effect of other laws (1) 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. (2) 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 (1) 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. (2) 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. (3) Each Data
Integrity Board-- (A) 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; (B) 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; (C) 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; (D) 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--
(i) matching programs in which the agency
has participated as a source agency or recipient agency;
(ii) matching agreements proposed under
subsection (o) that were disapproved by the Board;
(iii) any changes in membership or
structure of the Board in the preceding year;
(iv) 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;
(v) any violations of matching agreements
that have been alleged or identified and any corrective action taken; and
(vi) any other information required by the
Director of the Office of Management and Budget to be included in such report;
(E) shall serve as a clearinghouse for receiving and providing
information on the accuracy, completeness, and reliability of records used in
matching programs; (F) shall provide interpretation and guidance to agency
components and personnel on the requirements of this section for matching
programs; (G) shall review agency recordkeeping and disposal policies
and practices for matching programs to assure compliance with this section;
and (H) may review and report on any agency matching activities
that are not matching programs. (4)(A) 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. (B) 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. (C) 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. (5)(A) 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. (B) 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--
(i) the matching program will be
consistent with all applicable legal, regulatory, and policy requirements;
(ii) there is adequate evidence that the
matching agreement will be cost- effective; and
(iii) the matching program is in the
public interest. (C) 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). (D) 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. (6) 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. (7) 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-- (1) 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 (2) 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 (a)(1) 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. (2) the provisions of paragraph (1) of this subsection shall
not apply with respect to--
(A) any disclosure which is required by
Federal statute, or
(B) 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. (b) 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. (b) 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-- (1) 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; (2) the direct linking of computerized systems of records
maintained by Federal agencies; (3) the computer matching of records not otherwise authorized
by law; or (4) the disclosure of records for computer matching except to
a Federal, State, or local agency. Sec. 10
Effective Dates. (a) 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. (b) 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.
|