(a) Definitions.—For purposes of this section—
(2)
the term “
individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(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;
(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
(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
if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against
Federal personnel;
(vi)
matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of
Federal personnel or Federal contractor personnel;
(ix)
matches performed by the Secretary of Health and Human Services or the Inspector General of the
Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a
system of records with non-Federal
records; or
(x)
matches performed pursuant to section 3(d)(4) of the Achieving a Better Life Experience Act of 2014; 1
(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;
(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 Government Accountability Office;
(11)
pursuant to the
order of a court of competent jurisdiction; or
(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;
(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;
(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
(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—
(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.
(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—
(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;
(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.
(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)
(1) Government Contractors.—
When an
agency provides by a contract for the operation by or on behalf of the
agency of a
system of records to accomplish an
agency function, the
agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an
agency.
(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—
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);
(G)
procedures for ensuring the administrative, technical, and physical security of the
records matched and the results of such programs;
(J)
information on assessments that have been made on the accuracy of the
records that will be used in such
matching program; and
(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—
(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.—
(2) No source agency may renew a matching agreement unless—
(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 2 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.
(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;
(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—
(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
(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
(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)
In the reports required by paragraph (3)(D),
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.
(w) Applicability to Bureau of Consumer Financial Protection.—
Except as provided in the
Consumer Financial Protection Act of 2010, this section shall apply with respect to the Bureau of Consumer Financial Protection.
(Added
Pub. L. 93–579, § 3,
Dec. 31, 1974,
88 Stat. 1897; amended
Pub. L. 94–183, § 2(2),
Dec. 31, 1975,
89 Stat. 1057;
Pub. L. 97–365, § 2,
Oct. 25, 1982,
96 Stat. 1749;
Pub. L. 97–375, title II, § 201(a), (b),
Dec. 21, 1982,
96 Stat. 1821;
Pub. L. 97–452, § 2(a)(1),
Jan. 12, 1983,
96 Stat. 2478;
Pub. L. 98–477, § 2(c),
Oct. 15, 1984,
98 Stat. 2211;
Pub. L. 98–497, title I, § 107(g),
Oct. 19, 1984,
98 Stat. 2292;
Pub. L. 100–503, §§ 2–6(a), 7, 8,
Oct. 18, 1988,
102 Stat. 2507–2514;
Pub. L. 101–508, title VII, § 7201(b)(1),
Nov. 5, 1990,
104 Stat. 1388–334;
Pub. L. 103–66, title XIII, § 13581(c),
Aug. 10, 1993,
107 Stat. 611;
Pub. L. 104–193, title I, § 110(w),
Aug. 22, 1996,
110 Stat. 2175;
Pub. L. 104–226, § 1(b)(3),
Oct. 2, 1996,
110 Stat. 3033;
Pub. L. 104–316, title I, § 115(g)(2)(B),
Oct. 19, 1996,
110 Stat. 3835;
Pub. L. 105–34, title X, § 1026(b)(2),
Aug. 5, 1997,
111 Stat. 925;
Pub. L. 105–362, title XIII, § 1301(d),
Nov. 10, 1998,
112 Stat. 3293;
Pub. L. 106–170, title IV, § 402(a)(2),
Dec. 17, 1999,
113 Stat. 1908;
Pub. L. 108–271, § 8(b),
July 7, 2004,
118 Stat. 814;
Pub. L. 111–148, title VI, § 6402(b)(2),
Mar. 23, 2010,
124 Stat. 756;
Pub. L. 111–203, title X, § 1082,
July 21, 2010,
124 Stat. 2080;
Pub. L. 113–295, div. B, title I, § 102(d),
Dec. 19, 2014,
128 Stat. 4062.)
References in Text
Section 552(e) of this title, referred to in subsec. (a)(1), was redesignated section 552(f) of this title by section 1802(b) of Pub. L. 99–570.
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8)(B)(iv), (vii), is classified to section 6103 of Title 26, Internal Revenue Code.
Sections 404, 464, and 1137 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), are classified to sections 604, 664, and 1320b–7, respectively, of Title 42, The Public Health and Welfare.
The Achieving a Better Life Experience Act of 2014, referred to in subsec. (a)(8)(B)(x), probably means Pub. L. 113–295, div. B, Dec. 19, 2014, 128 Stat. 4056, known as the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 or the Stephen Beck, Jr., ABLE Act of 2014. The Act does not contain a section 3.
For effective date of this section, referred to in subsecs. (k)(2), (5), (7), (l)(2), (3), and (m), see Effective Date note below.
Section 6 of the Privacy Act of 1974, referred to in subsec. (s)(1), is section 6 of Pub. L. 93–579, which was set out below and was repealed by section 6(c) of Pub. L. 100–503.
For classification of the Privacy Act of 1974, referred to in subsec. (s)(4), see Short Title note below.
The Consumer Financial Protection Act of 2010, referred to in subsec. (w), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.
Codification
Section 552a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2244 of Title 7, Agriculture.
Amendments
2014—Subsec. (a)(8)(B)(x). Pub. L. 113–295 added cl. (x).
2010—Subsec. (a)(8)(B)(ix). Pub. L. 111–148 added cl. (ix).
Subsec. (w). Pub. L. 111–203 added subsec. (w).
2004—Subsec. (b)(10). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1999—Subsec. (a)(8)(B)(viii). Pub. L. 106–170 added cl. (viii).
1998—Subsec. (u)(6), (7). Pub. L. 105–362 redesignated par. (7) as (6), substituted “paragraph (3)(D)” for “paragraphs (3)(D) and (6)”, and struck out former par. (6) which read as follows: “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.”
1997—Subsec. (a)(8)(B)(vii). Pub. L. 105–34 added cl. (vii).
1996—Subsec. (a)(8)(B)(iv)(III). Pub. L. 104–193 substituted “section 404(e), 464,” for “section 464”.
Subsec. (a)(8)(B)(v) to (vii). Pub. L. 104–226 inserted “or” at end of cl. (v), struck out “or” at end of cl. (vi), and struck out cl. (vii) which read as follows: “matches performed pursuant to section 6103(l)(12) of the Internal Revenue Code of 1986 and section 1144 of the Social Security Act;”.
Subsecs. (b)(12), (m)(2). Pub. L. 104–316 substituted “3711(e)” for “3711(f)”.
1993—Subsec. (a)(8)(B)(vii). Pub. L. 103–66 added cl. (vii).
1990—Subsec. (p). Pub. L. 101–508 amended subsec. (p) generally, restating former pars. (1) and (3) as par. (1), adding provisions relating to Data Integrity Boards, and restating former pars. (2) and (4) as (2) and (3), respectively.
1988—Subsec. (a)(8) to (13). Pub. L. 100–503, § 5, added pars. (8) to (13).
Subsec. (e)(12). Pub. L. 100–503, § 3(a), added par. (12).
Subsec. (f). Pub. L. 100–503, § 7, substituted “biennially” for “annually” in last sentence.
Subsecs. (o) to (q). Pub. L. 100–503, § 2(2), added subsecs. (o) to (q). Former subsecs. (o) to (q) redesignated (r) to (t), respectively.
Subsec. (r). Pub. L. 100–503, § 3(b), inserted “and matching programs” in heading and amended text generally. Prior to amendment, text read as follows: “Each agency shall provide adequate advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers.”
Pub. L. 100–503, § 2(1), redesignated former subsec. (o) as (r).
Subsec. (s). Pub. L. 100–503, § 8, substituted “Biennial” for “Annual” in heading, “biennially submit” for “annually submit” in introductory provisions, “preceding 2 years” for “preceding year” in par. (1), and “such years” for “such year” in par. (2).
Pub. L. 100–503, § 2(1), redesignated former subsec. (p) as (s).
Subsec. (t). Pub. L. 100–503, § 2(1), redesignated former subsec. (q) as (t).
Subsec. (u). Pub. L. 100–503, § 4, added subsec. (u).
Subsec. (v). Pub. L. 100–503, § 6(a), added subsec. (v).
1984—Subsec. (b)(6). Pub. L. 98–497, § 107(g)(1), substituted “National Archives and Records Administration” for “National Archives of the United States”, and “Archivist of the United States or the designee of the Archivist” for “Administrator of General Services or his designee”.
Subsec. (l)(1). Pub. L. 98–497, § 107(g)(2), substituted “Archivist of the United States” for “Administrator of General Services” in two places.
Subsec. (q). Pub. L. 98–477 designated existing provisions as par. (1) and added par. (2).
1983—Subsec. (b)(12). Pub. L. 97–452 substituted “section 3711(f) of title 31” for “section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))”.
Subsec. (m)(2). Pub. L. 97–452 substituted “section 3711(f) of title 31” for “section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))”.
1982—Subsec. (b)(12). Pub. L. 97–365, § 2(a), added par. (12).
Subsec. (e)(4). Pub. L. 97–375, § 201(a), substituted “upon establishment or revision” for “at least annually” after “Federal Register”.
Subsec. (m). Pub. L. 97–365, § 2(b), designated existing provisions as par. (1) and added par. (2).
Subsec. (p). Pub. L. 97–375, § 201(b), substituted provisions requiring annual submission of a report by the President to the Speaker of the House and President pro tempore of the Senate relating to the Director of the Office of Management and Budget, individual rights of access, changes or additions to systems of records, and other necessary or useful information, for provisions which had directed the President to submit to the Speaker of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicate efforts to administer fully this section.
1975—Subsec. (g)(5). Pub. L. 94–183 substituted “to September 27, 1975” for “to the effective date of this section”.
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
Effective Date of 2014 Amendment
Pub. L. 113–295, div. B, title I, § 102(f)(1), Dec. 19, 2014, 128 Stat. 4062, provided that:
“The amendments made by this section [enacting
section 529A of Title 26,
Internal Revenue Code, and amending this section,
section 5517 of Title 12, Banks and Banking, and sections 26, 877A, 4965, 4973, and 6693 of Title 26] shall apply to taxable years beginning after
December 31, 2014.”
Effective Date of 2010 Amendment
Pub. L. 111–203, title X, § 1082, July 21, 2010, 124 Stat. 2080, provided that the amendment made by section 1082 is effective on July 21, 2010.
Pub. L. 111–203, title X, § 1100H, July 21, 2010, 124 Stat. 2113, provided that:
“Except as otherwise provided in this subtitle [subtitle H (§§ 1081–1100H) of title X of
Pub. L. 111–203, see Tables for classification] and the amendments made by this subtitle, this subtitle and the amendments made by this subtitle, other than sections 1081 [amending
section 8G of Pub. L. 95–452, set out in the Appendix to this title, and enacting provisions set out as a note under
section 8G of Pub. L. 95–452] and 1082 [amending this section and enacting provisions set out as a note under this section], shall become effective on the designated transfer date.”
[The term “designated transfer date” is defined in section 5481(9) of Title 12, Banks and Banking, as the date established under section 5582 of Title 12, which is July 21, 2011.]
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
Effective Date of 1988 Amendment
Pub. L. 100–503, § 10, Oct. 18, 1988, 102 Stat. 2514, as amended by Pub. L. 101–56, § 2, July 19, 1989, 103 Stat. 149, provided that:
“(a) In General.—
Except as provided in subsections (b) and (c), the amendments made by this Act [amending this section and repealing provisions set out as a note below] shall take effect 9 months after the date of enactment of this Act [Oct. 18, 1988].
“(b) Exceptions.—
The amendment made by sections 3(b), 6, 7, and 8 of this Act [amending this section and repealing provisions set out as a note below] shall take effect upon enactment.
“(c) Effective Date Delayed for Existing Programs.—In the case of any matching program (as defined in section 552a(a)(8) of title 5, United States Code, as added by section 5 of this Act) in operation before June 1, 1989, the amendments made by this Act (other than the amendments described in subsection (b)) shall take effect January 1, 1990, if—
“(2) such identification is—
“(A)
submitted by the
agency to the Committee on Governmental Affairs of the
Senate, the Committee on Government Operations of the
House of Representatives, and the
Office of Management and Budget before
August 1, 1989, in a report which contains a schedule showing the dates on which the
agency expects to have such
matching program in compliance with the amendments made by this Act, and
“(B)
published by the Office of Management and Budget in the Federal Register, before September 15, 1989.”
Effective Date
Pub. L. 93–579, § 8, Dec. 31, 1974, 88 Stat. 1910, provided that:
“The provisions of this Act [enacting this section and provisions set out as notes under this section] shall be effective on and after the date of enactment [
Dec. 31, 1974], except that the amendments made by sections
3 and
4 [enacting this section and amending analysis preceding
section 500 of this title] shall become effective 270 days following the day on which this Act is enacted.”
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (s) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 31 of House Document No. 103–7.
OMB Guidance on Electronic Consent and Access Forms
Pub. L. 116–50, § 3, Aug. 22, 2019, 133 Stat. 1073, provided that:
“(a) Guidance.—Not later than 1 year after the date of the enactment of this Act [Aug. 22, 2019], the Director shall issue guidance that does the following:
“(2)
Creates a template for electronic consent and access forms and requires each
agency to post the template on the
agency website and to accept the forms from any
individual properly identity proofed and authenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the
individual’s
records under
section 552a(b) of title 5, United States Code, or for
individual access to
records under section 552a(d) of such title.
“(3)
Requires each
agency to accept the electronic consent and access forms described in paragraph (2) from any
individual properly identity proofed and authenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the
individual’s
records to another entity, including a congressional office, in accordance with
section 552a(b) of title 5, United States Code, or for
individual access to
records under section 552a(d) [of such title].
“(b) Agency Compliance.—
Each
agency shall comply with the guidance issued pursuant to subsection (a) not later than 1 year after the date on which such guidance is issued.
“(c) Definitions.—In this section:
“(2) Director.—
The term ‘Director’ means the Director of the Office of Management and Budget.”
Extension of Privacy Act Remedies to Citizens of Designated Countries
Pub. L. 114–126, Feb. 24, 2016, 130 Stat. 282, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Judicial Redress Act of 2015’.
“SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES.
“(a) Civil Action; Civil Remedies.—With respect to covered records, a covered person may bring a civil action against an agency and obtain civil remedies, in the same manner, to the same extent, and subject to the same limitations, including exemptions and exceptions, as an individual may bring and obtain with respect to records under—
“(1)
section 552a(g)(1)(D) of title 5, United States Code, but only with respect to disclosures intentionally or willfully made in violation of section 552a(b) of such title; and
“(b) Exclusive Remedies.—
The remedies set forth in subsection (a) are the exclusive remedies available to a covered
person under this section.
“(c) Application of the Privacy Act With Respect to a Covered Person.—
For purposes of a civil action described in subsection (a), a covered
person shall have the same rights, and be subject to the same limitations, including exemptions and exceptions, as an
individual has and is subject to under
section 552a of title 5, United States Code, when pursuing the civil remedies described in paragraphs (1) and (2) of subsection (a).
“(d) Designation of Covered Country.—
“(1) In general.—The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, designate a foreign country or regional economic integration organization, or member country of such organization, as a ‘covered country’ for purposes of this section if—
“(A)
(i)
the country or regional economic integration organization, or member country of such organization, has entered into an agreement with the United States that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses; or
“(ii)
the Attorney General has determined that the country or regional economic integration organization, or member country of such organization, has effectively shared information with the United States for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses and has appropriate privacy protections for such shared information;
“(B)
the country or regional economic integration organization, or member country of such organization, permits the transfer of personal data for commercial purposes between the territory of that country or regional economic organization and the territory of the United States, through an agreement with the United States or otherwise; and
“(C)
the Attorney General has certified that the policies regarding the transfer of personal data for commercial purposes and related actions of the country or regional economic integration organization, or member country of such organization, do not materially impede the national security interests of the United States.
“(2) Removal of designation.—The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, revoke the designation of a foreign country or regional economic integration organization, or member country of such organization, as a ‘covered country’ if the Attorney General determines that such designated ‘covered country’—
“(A)
is not complying with the agreement described under paragraph (1)(A)(i);
“(B)
no longer meets the requirements for designation under paragraph (1)(A)(ii);
“(C)
fails to meet the requirements under paragraph (1)(B);
“(D)
no longer meets the requirements for certification under paragraph (1)(C); or
“(E)
impedes the transfer of information (for purposes of reporting or preventing unlawful activity) to the United States by a private entity or
person.
“(e) Designation of Designated Federal Agency or Component.—
“(1) In general.—
The Attorney General shall determine whether an
agency or component thereof is a ‘designated Federal
agency or component’ for purposes of this section. The Attorney General shall not designate any
agency or component thereof other than the
Department of Justice or a component of the
Department of Justice without the concurrence of the head of the relevant
agency, or of the
agency to which the component belongs.
“(2) Requirements for designation.—The Attorney General may determine that an agency or component of an agency is a ‘designated Federal agency or component’ for purposes of this section, if—
“(A)
the Attorney General determines that information exchanged by such
agency with a covered country is within the scope of an agreement referred to in subsection (d)(1)(A); or
“(B)
with respect to a country or regional economic integration organization, or member country of such organization, that has been designated as a ‘covered country’ under subsection (d)(1)(B), the Attorney General determines that designating such
agency or component thereof is in the law enforcement interests of the United States.
“(f) Federal Register Requirement; Nonreviewable Determination.—
The Attorney General shall publish each determination made under subsections (d) and (e). Such determination shall not be subject to judicial or administrative review.
“(g) Jurisdiction.—
The United States District Court for the District of Columbia shall have exclusive jurisdiction over any claim arising under this section.
“(h) Definitions.—In this Act:
“(2) Covered country.—
The term ‘covered country’ means a country or regional economic integration organization, or member country of such organization, designated in accordance with subsection (d).
“(3) Covered person.—
The term ‘covered
person’ means a natural
person (other than an
individual) who is a citizen of a covered country.
“(4) Covered record.—The term ‘covered record’ has the same meaning for a covered person as a record has for an individual under section 552a of title 5, United States Code, once the covered record is transferred—
“(A)
by a public authority of, or private entity within, a country or regional economic organization, or member country of such organization, which at the time the
record is transferred is a covered country; and
“(B)
to a designated Federal
agency or component for purposes of preventing, investigating, detecting, or prosecuting criminal offenses.
“(5) Designated federal agency or component.—
The term ‘designated Federal
agency or component’ means a Federal
agency or component of an
agency designated in accordance with subsection (e).
“(i) Preservation of Privileges.—
Nothing in this section shall be construed to waive any applicable privilege or require the disclosure of classified information. Upon an
agency’s request, the district court shall review in camera and ex parte any submission by the
agency in connection with this subsection.
“(j) Effective Date.—
This Act shall take effect 90 days after the date of the enactment of this Act [Feb. 24, 2016].”
Publication of Guidance Under Subsection (p)(1)(A)(ii)
Pub. L. 101–508, title VII, § 7201(b)(2), Nov. 5, 1990, 104 Stat. 1388–334, provided that:
“Not later than 90 days after the date of the enactment of this Act [
Nov. 5, 1990], the Director of the
Office of Management and Budget shall publish guidance under subsection (p)(1)(A)(ii) of
section 552a of title 5, United States Code, as amended by this Act.”
Limitation on Application of Verification Requirement
Pub. L. 101–508, title VII, § 7201(c), Nov. 5, 1990, 104 Stat. 1388–335, provided that:
“Section 552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by section 2 [probably means section 7201(b)(1) of Pub. L. 101–508], shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1137(b) of the Social Security Act (42 U.S.C. 1320b–7), until the earlier of—
“(1)
the date on which the Data Integrity Board of the Federal
agency which administers that program determines that there is not a high degree of confidence that information provided by that
agency under Federal
matching programs is accurate; or
Construction of 1988 Amendments
Pub. L. 100–503, § 9, Oct. 18, 1988, 102 Stat. 2514, provided that:
“Nothing in the amendments made by this Act [amending this section and repealing provisions set out as a note below] 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.”
Congressional Findings and Statement of Purpose
Pub. L. 93–579, § 2, Dec. 31, 1974, 88 Stat. 1896, provided that:
“(a) The Congress finds that—
“(1)
the privacy of an
individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies;
“(2)
the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to
individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information;
“(3)
the opportunities for an
individual to secure employment, insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems;
“(4)
the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and
“(5)
in
order to protect the privacy of
individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the
Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies.
“(b) The purpose of this Act [enacting this section and provisions set out as notes under this section] is to provide certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies, except as otherwise provided by law, to—
“(1)
permit an
individual to determine what records pertaining to him are collected, maintained, used, or disseminated by such agencies;
“(2)
permit an
individual to prevent
records pertaining to him obtained by such agencies for a particular purpose from being used or made available for another purpose without his consent;
“(3)
permit an
individual to gain access to information pertaining to him in Federal
agency records, to have a copy made of all or any portion thereof, and to correct or amend such
records;
“(4)
collect,
maintain, use, or disseminate any
record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information;
“(5)
permit exemptions from the requirements with respect to
records provided in this Act only in those cases where there is an important public policy need for such exemption as has been determined by specific statutory authority; and
“(6)
be subject to civil suit for any damages which occur as a result of willful or intentional action which violates any
individual’s rights under this Act.”
Privacy Protection Study Commission
Pub. L. 93–579, § 5, Dec. 31, 1974, 88 Stat. 1905, as amended by Pub. L. 95–38, June 1, 1977, 91 Stat. 179, which established the Privacy Protection Study Commission and provided that the Commission study data banks, automated data processing programs and information systems of governmental, regional and private organizations to determine standards and procedures in force for protection of personal information, that the Commission report to the President and Congress the extent to which requirements and principles of section 552a of title 5 should be applied to the information practices of those organizations, and that it make other legislative recommendations to protect the privacy of individuals while meeting the legitimate informational needs of government and society, ceased to exist on September 30, 1977, pursuant to section 5(g) of Pub. L. 93–579.
Guidelines and Regulations for Maintenance of Privacy and Protection of Records of Individuals
Pub. L. 93–579, § 6, Dec. 31, 1974, 88 Stat. 1909, which provided that the Office of Management and Budget shall develop guidelines and regulations for use of agencies in implementing provisions of this section and provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies, was repealed by Pub. L. 100–503, § 6(c), Oct. 18, 1988, 102 Stat. 2513.
Disclosure of Social Security Number
Pub. L. 93–579, § 7, Dec. 31, 1974, 88 Stat. 1909, provided that:
“(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 [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)
the 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.”
Authorization of Appropriations to Privacy Protection Study Commission
Pub. L. 93–579, § 9, Dec. 31, 1974, 88 Stat. 1910, as amended by Pub. L. 94–394, Sept. 3, 1976, 90 Stat. 1198, authorized appropriations for the period beginning July 1, 1975, and ending on September 30, 1977.
Ex. Ord. No. 9397. Numbering System for Federal Accounts Relating to Individual Persons
Ex. Ord. No. 9397, Nov. 22, 1943, 8 F.R. 16095, as amended by Ex. Ord. No. 13478, § 2, Nov. 18, 2008, 73 F.R. 70239, provided:
WHEREAS certain Federal agencies from time to time require in the administration of their activities a system of numerical identification of accounts of individual persons; and
WHEREAS some seventy million persons have heretofore been assigned account numbers pursuant to the Social Security Act; and
WHEREAS a large percentage of Federal employees have already been assigned account numbers pursuant to the Social Security Act; and
WHEREAS it is desirable in the interest of economy and orderly administration that the Federal Government move towards the use of a single, unduplicated numerical identification system of accounts and avoid the unnecessary establishment of additional systems:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:
1. Hereafter any Federal department, establishment, or agency may, whenever the head thereof finds it advisable to establish a new system of permanent account numbers pertaining to individual persons, utilize the Social Security Act account numbers assigned pursuant to title 20, section 422.103 of the Code of Federal Regulations and pursuant to paragraph 2 of this order.
2. The Social Security Administration shall provide for the assignment of an account number to each person who is required by any Federal agency to have such a number but who has not previously been assigned such number by the Administration. The Administration may accomplish this purpose by (a) assigning such numbers to individual persons, (b) assigning blocks of numbers to Federal agencies for reassignment to individual persons, or (c) making such other arrangements for the assignment of numbers as it may deem appropriate.
3. The Social Security Administration shall furnish, upon request of any Federal agency utilizing the numerical identification system of accounts provided for in this order, the account number pertaining to any person with whom such agency has an account or the name and other identifying data pertaining to any account number of any such person.
4. The Social Security Administration and each Federal agency shall maintain the confidential character of information relating to individual persons obtained pursuant to the provisions of this order.
5. There shall be transferred to the Social Security Administration, from time to time, such amounts as the Director of the Office of Management and Budget shall determine to be required for reimbursement by any Federal agency for the services rendered by the Administration pursuant to the provisions of this order.
6. This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.
7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
8. This order shall be published in the Federal Register.
Classified National Security Information
For provisions relating to a response to a request for information under this section when the fact of its existence or nonexistence is itself classified or when it was originally classified by another agency, see Ex. Ord. No. 13526, § 3.6, Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and National Defense.
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