Privacy Act of 1974, 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 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) Repealed. Pub.L. 104-226, § 1(b)(3)(C), Oct.
2, 1996, 110 Stat. 3033.
(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 match ing 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 Fed eral 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 de scribed 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 sub ject 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, com plete,
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,
de velopment, 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 b rought 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 a rises, 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 re quirements (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 prin cipal 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 crim inal
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 con fidence, 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 suit ability, 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 con fidence, 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)(1) 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.
(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 a gency 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 pub lic 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 com ponents 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 enacted as 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 enacted as part of Pub.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. |