The Privacy Act of 1974

THE PRIVACY ACT OF 1974, 5 U.S.C. § 552a -- As AmendedTHE PRIVACY ACT OF 1974

5 U.S.C. § 552a

As Amended

§ 552a. Records maintained on individuals

(a) Definitions

For purposes of this section--

(1) the term "agency" means agency as defined in section 552(f) of this title;

(2) the term "individual" means a citizen of the United States or an alien

lawfully admitted for permanent residence;

(3) the term "maintain" includes maintain, collect, use or disseminate;

(4) the term "record" means any item, collection, or grouping of information

about an individual that is maintained by an agency, including, but not

limited to, his education, financial transactions, medical history, and

criminal or employment history and that contains his name, or the identifying

number, symbol, or other identifying particular assigned to the individual,

such as a finger or voice print or a photograph;

(5) the term "system of records" means a group of any records under the

control of any agency from which information is retrieved by the name of the

individual or by some identifying number, symbol, or other identifying

particular assigned to the individual;

(6) the term "statistical record" means a record in a system of records

maintained for statistical research or reporting purposes only and not used in

whole or in part in making any determination about an identifiable individual,

except as provided by section 8 of Title 13;

(7) the term "routine use" means, with respect to the disclosure of a record,

the use of such record for a purpose which is compatible with the purpose for

which it was collected;

(8) the term "matching program"--

(A) means any computerized comparison of--

(i) two or more automated systems of records or a system of records with

non-Federal records for the purpose of--

(I) establishing or verifying the eligibility of, or continuing

compliance with statutory and regulatory requirements by, applicants

for, recipients or beneficiaries of, participants in, or providers of

services with respect to, cash or in-kind assistance or payments under

Federal benefit programs, or

(II) recouping payments or delinquent debts under such Federal benefit

programs, or

(ii) two or more automated Federal personnel or payroll systems of records

or a system of Federal personnel or payroll records with non-Federal

records,

(B) but does not include--

(i) matches performed to produce aggregate statistical data without any

personal identifiers;

(ii) matches performed to support any research or statistical project, the

specific data of which may not be used to make decisions concerning the

rights, benefits, or privileges of specific individuals;

(iii) matches performed, by an agency (or component thereof) which

performs as its principal function any activity pertaining to the

enforcement of criminal laws, subsequent to the initiation of a specific

criminal or civil law enforcement investigation of a named person or

persons for the purpose of gathering evidence against such person or

persons;

(iv) matches of tax information (I) pursuant to section 6103(d) of the

Internal Revenue Code of 1986, (II) for purposes of tax administration as

defined in section 6103(b)(4) of such Code, (III) for the purpose of

intercepting a tax refund due an individual under authority granted by

section 404(e), 464, or 1137 of the Social Security Act; or (IV) for the

purpose of intercepting a tax refund due an individual under any other tax

refund intercept program authorized by statute which has been determined

by the Director of the Office of Management and Budget to contain

verification, notice, and hearing requirements that are substantially

similar to the procedures in section 1137 of the Social Security Act;

(v) matches--

(I) using records predominantly relating to Federal personnel, that are

performed for routine administrative purposes (subject to guidance

provided by the Director of the Office of Management and Budget pursuant

to subsection (v)); or

(II) conducted by an agency using only records from systems of records

maintained by that agency;

if the purpose of the match is not to take any adverse financial,

personnel, disciplinary, or other adverse action against Federal

personnel; or

(vi) matches performed for foreign counterintelligence purposes or to

produce background checks for security clearances of Federal personnel or

Federal contractor personnel;

(vii) matches performed incident to a levy described in section 6103(k)(8)

of the Internal Revenue Code of 1986; or

(viii) matches performed pursuant to section 202(x)(3) or 1611(e)(1) of

the Social Security Act (42 U.S.C. § 402(x)(3), § 1382(e)(1);

(9) the term "recipient agency" means any agency, or contractor thereof,

receiving records contained in a system of records from a source agency for

use in a matching program;

(10) the term "non-Federal agency" means any State or local government, or

agency thereof, which receives records contained in a system of records from a

source agency for use in a matching program;

(11) the term "source agency" means any agency which discloses records

contained in a system of records to be used in a matching program, or any

State or local government, or agency thereof, which discloses records to be

used in a matching program;

(12) the term "Federal benefit program" means any program administered or

funded by the Federal Government, or by any agent or State on behalf of the

Federal Government, providing cash or in-kind assistance in the form of

payments, grants, loans, or loan guarantees to individuals; and

(13) the term "Federal personnel" means officers and employees of the

Government of the United States, members of the uniformed services (including

members of the Reserve Components), individuals entitled to receive immediate

or deferred retirement benefits under any retirement program of the Government

of the United States (including survivor benefits).

(b) Conditions of disclosure

No agency shall disclose any record which is contained in a system of records by

any means of communication to any person, or to another agency, except pursuant

to a written request by, or with the prior written consent of, the individual to

whom the record pertains, unless disclosure of the record would be--

(1) to those officers and employees of the agency which maintains the record

who have a need for the record in the performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of this section and

described under subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or carrying out a

census or survey or related activity pursuant to the provisions of Title 13;

(5) to a recipient who has provided the agency with advance adequate written

assurance that the record will be used solely as a statistical research or

reporting record, and the record is to be transferred in a form that is not

individually identifiable;

(6) to the National Archives and Records Administration as a record which has

sufficient historical or other value to warrant its continued preservation by

the United States Government, or for evaluation by the Archivist of the United

States or the designee of the Archivist to determine whether the record has

such value;

(7) to another agency or to an instrumentality of any governmental

jurisdiction within or under the control of the United States for a civil or

criminal law enforcement activity if the activity is authorized by law, and if

the head of the agency or instrumentality has made a written request to the

agency which maintains the record specifying the particular portion desired

and the law enforcement activity for which the record is sought;

(8) to a person pursuant to a showing of compelling circumstances affecting

the health or safety of an individual if upon such disclosure notification is

transmitted to the last known address of such individual;

(9) to either House of Congress, or, to the extent of matter within its

jurisdiction, any committee or subcommittee thereof, any joint committee of

Congress or subcommittee of any such joint committee;

(10) to the Comptroller General, or any of his authorized representatives, in

the course of the performance of the duties of the General Accounting Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency in accordance with section 3711(e) of

Title 31.

(c) Accounting of Certain Disclosures

Each agency, with respect to each system of records under its control, shall--

(1) except for disclosures made under subsections (b)(1) or (b)(2) of this

section, keep an accurate accounting of--

(A) the date, nature, and purpose of each disclosure of a record to any

person or to another agency made under subsection (b) of this section; and

(B) the name and address of the person or agency to whom the disclosure is

made;

(2) retain the accounting made under paragraph (1) of this subsection for at

least five years or the life of the record, whichever is longer, after the

disclosure for which the accounting is made;

(3) except for disclosures made under subsection (b)(7) of this section, make

the accounting made under paragraph (1) of this subsection available to the

individual named in the record at his request; and

(4) inform any person or other agency about any correction or notation of

dispute made by the agency in accordance with subsection (d) of this section

of any record that has been disclosed to the person or agency if an accounting

of the disclosure was made.

(d) Access to records

Each agency that maintains a system of records shall--

(1) upon request by any individual to gain access to his record or to any

information pertaining to him which is contained in the system, permit him and

upon his request, a person of his own choosing to accompany him, to review the

record and have a copy made of all or any portion thereof in a form

comprehensible to him, except that the agency may require the individual to

furnish a written statement authorizing discussion of that individual's record

in the accompanying person's presence;

(2) permit the individual to request amendment of a record pertaining to him

and--

(A) not later than 10 days (excluding Saturdays, Sundays, and legal public

holidays) after the date of receipt of such request, acknowledge in writing

such receipt; and

(B) promptly, either--

(i) make any correction of any portion thereof which the individual

believes is not accurate, relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend the record in

accordance with his request, the reason for the refusal, the procedures

established by the agency for the individual to request a review of that

refusal by the head of the agency or an officer designated by the head of

the agency, and the name and business address of that official;

(3) permit the individual who disagrees with the refusal of the agency to

amend his record to request a review of such refusal, and not later than 30

days (excluding Saturdays, Sundays, and legal public holidays) from the date

on which the individual requests such review, complete such review and make a

final determination unless, for good cause shown, the head of the agency

extends such 30-day period; and if, after his review, the reviewing official

also refuses to amend the record in accordance with the request, permit the

individual to file with the agency a concise statement setting forth the

reasons for his disagreement with the refusal of the agency, and notify the

individual of the provisions for judicial review of the reviewing official's

determination under subsection (g)(1)(A) of this section;

(4) in any disclosure, containing information about which the individual has

filed a statement of disagreement, occurring after the filing of the statement

under paragraph (3) of this subsection, clearly note any portion of the record

which is disputed and provide copies of the statement and, if the agency deems

it appropriate, copies of a concise statement of the reasons of the agency for

not making the amendments requested, to persons or other agencies to whom the

disputed record has been disclosed; and

(5) nothing in this section shall allow an individual access to any

information compiled in reasonable anticipation of a civil action or

proceeding.

(e) Agency requirements

Each agency that maintains a system of records shall--

(1) maintain in its records only such information about an individual as is

relevant and necessary to accomplish a purpose of the agency required to be

accomplished by statute or by Executive order of the President;

(2) collect information to the greatest extent practicable directly from the

subject individual when the information may result in adverse determinations

about an individual's rights, benefits, and privileges under Federal programs;

(3) inform each individual whom it asks to supply information, on the form

which it uses to collect the information or on a separate form that can be

retained by the individual--

(A) the authority (whether granted by statute, or by Executive order of the

President) which authorizes the solicitation of the information and whether

disclosure of such information is mandatory or voluntary;

(B) the principal purpose or purposes for which the information is intended

to be used;

(C) the routine uses which may be made of the information, as published

pursuant to paragraph (4)(D) of this subsection; and

(D) the effects on him, if any, of not providing all or any part of the

requested information;

(4) subject to the provisions of paragraph (11) of this subsection, publish in

the Federal Register upon establishment or revision a notice of the existence

and character of the system of records, which notice shall include--

(A) the name and location of the system;

(B) the categories of individuals on whom records are maintained in the

system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system, including the

categories of users and the purpose of such use;

(E) the policies and practices of the agency regarding storage,

retrievability, access controls, retention, and disposal of the records;

(F) the title and business address of the agency official who is responsible

for the system of records;

(G) the agency procedures whereby an individual can be notified at his

request if the system of records contains a record pertaining to him;

(H) the agency procedures whereby an individual can be notified at his

request how he can gain access to any record pertaining to him contained in

the system of records, and how he can contest its content; and

(I) the categories of sources of records in the system;

(5) maintain all records which are used by the agency in making any

determination about any individual with such accuracy, relevance, timeliness,

and completeness as is reasonably necessary to assure fairness to the

individual in the determination;

(6) prior to disseminating any record about an individual to any person other

than an agency, unless the dissemination is made pursuant to subsection (b)(2)

of this section, make reasonable efforts to assure that such records are

accurate, complete, timely, and relevant for agency purposes;

(7) maintain no record describing how any individual exercises rights

guaranteed by the First Amendment unless expressly authorized by statute or by

the individual about whom the record is maintained or unless pertinent to and

within the scope of an authorized law enforcement activity;

(8) make reasonable efforts to serve notice on an individual when any record

on such individual is made available to any person under compulsory legal

process when such process becomes a matter of public record;

(9) establish rules of conduct for persons involved in the design,

development, operation, or maintenance of any system of records, or in

maintaining any record, and instruct each such person with respect to such

rules and the requirements of this section, including any other rules and

procedures adopted pursuant to this section and the penalties for

noncompliance;

(10) establish appropriate administrative, technical and physical safeguards

to insure the security and confidentiality of records and to protect against

any anticipated threats or hazards to their security or integrity which could

result in substantial harm, embarrassment, inconvenience, or unfairness to any

individual on whom information is maintained;

(11) at least 30 days prior to publication of information under paragraph

(4)(D) of this subsection, publish in the Federal Register notice of any new

use or intended use of the information in the system, and provide an

opportunity for interested persons to submit written data, views, or arguments

to the agency; and

(12) if such agency is a recipient agency or a source agency in a matching

program with a non-Federal agency, with respect to any establishment or

revision of a matching program, at least 30 days prior to conducting such

program, publish in the Federal Register notice of such establishment or

revision.

(f) Agency rules

In order to carry out the provisions of this section, each agency that maintains

a system of records shall promulgate rules, in accordance with the requirements

(including general notice) of section 553 of this title, which shall--

(1) establish procedures whereby an individual can be notified in response to

his request if any system of records named by the individual contains a record

pertaining to him;

(2) define reasonable times, places, and requirements for identifying an

individual who requests his record or information pertaining to him before the

agency shall make the record or information available to the individual;

(3) establish procedures for the disclosure to an individual upon his request

of his record or information pertaining to him, including special procedure,

if deemed necessary, for the disclosure to an individual of medical records,

including psychological records, pertaining to him;

(4) establish procedures for reviewing a request from an individual concerning

the amendment of any record or information pertaining to the individual, for

making a determination on the request, for an appeal within the agency of an

initial adverse agency determination, and for whatever additional means may be

necessary for each individual to be able to exercise fully his rights under

this section; and

(5) establish fees to be charged, if any, to any individual for making copies

of his record, excluding the cost of any search for and review of the record.

The Office of the Federal Register shall biennially compile and publish the

rules promulgated under this subsection and agency notices published under

subsection (e)(4) of this section in a form available to the public at low cost.

(g)(1) Civil remedies

Whenever any agency

(A) makes a determination under subsection (d)(3) of this section not to

amend an individual's record in accordance with his request, or fails to

make such review in conformity with that subsection;

(B) refuses to comply with an individual request under subsection (d)(1) of

this section;

(C) fails to maintain any record concerning any individual with such

accuracy, relevance, timeliness, and completeness as is necessary to assure

fairness in any determination relating to the qualifications, character,

rights, or opportunities of, or benefits to the individual that may be made

on the basis of such record, and consequently a determination is made which

is adverse to the individual; or

(D) fails to comply with any other provision of this section, or any rule

promulgated thereunder, in such a way as to have an adverse effect on an

individual, the individual may bring a civil action against the agency, and

the district courts of the United States shall have jurisdiction in the

matters under the provisions of this subsection.

(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of

this section, the court may order the agency to amend the individual's record

in accordance with his request or in such other way as the court may direct.

In such a case the court shall determine the matter de novo.

(B) The court may assess against the United States reasonable attorney fees

and other litigation costs reasonably incurred in any case under this

paragraph in which the complainant has substantially prevailed.

(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of

this section, the court may enjoin the agency from withholding the records and

order the production to the complainant of any agency records improperly

withheld from him. In such a case the court shall determine the matter de

novo, and may examine the contents of any agency records in camera to

determine whether the records or any portion thereof may be withheld under any

of the exemptions set forth in subsection (k) of this section, and the burden

is on the agency to sustain its action.

(B) The court may assess against the United States reasonable attorney fees

and other litigation costs reasonably incurred in any case under this

paragraph in which the complainant has substantially prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of

this section in which the court determines that the agency acted in a manner

which was intentional or willful, the United States shall be liable to the

individual in an amount equal to the sum of--

(A) actual damages sustained by the individual as a result of the refusal or

failure, but in no case shall a person entitled to recovery receive less

than the sum of $1,000; and

(B) the costs of the action together with reasonable attorney fees as

determined by the court.

(5) An action to enforce any liability created under this section may be

brought in the district court of the United States in the district in which

the complainant resides, or has his principal place of business, or in which

the agency records are situated, or in the District of Columbia, without

regard to the amount in controversy, within two years from the date on which

the cause of action arises, except that where an agency has materially and

willfully misrepresented any information required under this section to be

disclosed to an individual and the information so misrepresented is material

to establishment of the liability of the agency to the individual under this

section, the action may be brought at any time within two years after

discovery by the individual of the misrepresentation. Nothing in this section

shall be construed to authorize any civil action by reason of any injury

sustained as the result of a disclosure of a record prior to September 27,

1975.

(h) Rights of legal guardians

For the purposes of this section, the parent of any minor, or the legal guardian

of any individual who has been declared to be incompetent due to physical or

mental incapacity or age by a court of competent jurisdiction, may act on behalf

of the individual.

(i)(1) Criminal penalties

Any officer or employee of an agency, who by virtue of his employment or

official position, has possession of, or access to, agency records which contain

individually identifiable information the disclosure of which is prohibited by

this section or by rules or regulations established thereunder, and who knowing

that disclosure of the specific material is so prohibited, willfully discloses

the material in any manner to any person or agency not entitled to receive it,

shall be guilty of a misdemeanor and fined not more than $5,000.

(2) Any officer or employee of any agency who willfully maintains a system of

records without meeting the notice requirements of subsection (e)(4) of this

section shall be guilty of a misdemeanor and fined not more than $5,000.

(3) Any person who knowingly and willfully requests or obtains any record

concerning an individual from an agency under false pretenses shall be guilty

of a misdemeanor and fined not more than $5,000.

(j) General exemptions

The head of any agency may promulgate rules, in accordance with the requirements

(including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of

this title, to exempt any system of records within the agency from any part of

this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F),

(e)(6), (7), (9), (10), and (11), and (i) if the system of records is--

(1) maintained by the Central Intelligence Agency; or

(2) maintained by an agency or component thereof which performs as its

principal function any activity pertaining to the enforcement of criminal

laws, including police efforts to prevent, control, or reduce crime or to

apprehend criminals, and the activities of prosecutors, courts, correctional,

probation, pardon, or parole authorities, and which consists of (A)

information compiled for the purpose of identifying individual criminal

offenders and alleged offenders and consisting only of identifying data and

notations of arrests, the nature and disposition of criminal charges,

sentencing, confinement, release, and parole and probation status; (B)

information compiled for the purpose of a criminal investigation, including

reports of informants and investigators, and associated with an identifiable

individual; or (C) reports identifiable to an individual compiled at any stage

of the process of enforcement of the criminal laws from arrest or indictment

through release from supervision.

At the time rules are adopted under this subsection, the agency shall include in

the statement required under section 553(c) of this title, the reasons why the

system of records is to be exempted from a provision of this section.

(k) Specific exemptions

The head of any agency may promulgate rules, in accordance with the requirements

(including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of

this title, to exempt any system of records within the agency from subsections

(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the

system of records is--

(1) subject to the provisions of section 552(b)(1) of this title;

(2) investigatory material compiled for law enforcement purposes, other than

material within the scope of subsection (j)(2) of this section: Provided,

however, That if any individual is denied any right, privilege, or benefit

that he would otherwise be entitled by Federal law, or for which he would

otherwise be eligible, as a result of the maintenance of such material, such

material shall be provided to such individual, except to the extent that the

disclosure of such material would reveal the identity of a source who

furnished information to the Government under an express promise that the

identity of the source would be held in confidence, or, prior to the effective

date of this section, under an implied promise that the identity of the source

would be held in confidence;

(3) maintained in connection with providing protective services to the

President of the United States or other individuals pursuant to section 3056

of Title 18;

(4) required by statute to be maintained and used solely as statistical

records;

(5) investigatory material compiled solely for the purpose of determining

suitability, eligibility, or qualifications for Federal civilian employment,

military service, Federal contracts, or access to classified information, but

only to the extent that the disclosure of such material would reveal the

identity of a source who furnished information to the Government under an

express promise that the identity of the source would be held in confidence,

or, prior to the effective date of this section, under an implied promise that

the identity of the source would be held in confidence;

(6) testing or examination material used solely to determine individual

qualifications for appointment or promotion in the Federal service the

disclosure of which would compromise the objectivity or fairness of the

testing or examination process; or

(7) evaluation material used to determine potential for promotion in the armed

services, but only to the extent that the disclosure of such material would

reveal the identity of a source who furnished information to the Government

under an express promise that the identity of the source would be held in

confidence, or, prior to the effective date of this section, under an implied

promise that the identity of the source would be held in confidence.

At the time rules are adopted under this subsection, the agency shall include in

the statement required under section 553(c) of this title, the reasons why the

system of records is to be exempted from a provision of this section.

(1) Archival records

(1) Each agency record which is accepted by the Archivist of the United States

for storage, processing, and servicing in accordance with section 3103 of

Title 44 shall, for the purposes of this section, be considered to be

maintained by the agency which deposited the record and shall be subject to

the provisions of this section. The Archivist of the United States shall not

disclose the record except to the agency which maintains the record, or under

rules established by that agency which are not inconsistent with the

provisions of this section.

(2) Each agency record pertaining to an identifiable individual which was

transferred to the National Archives of the United States as a record which

has sufficient historical or other value to warrant its continued preservation

by the United States Government, prior to the effective date of this section,

shall, for the purposes of this section, be considered to be maintained by the

National Archives and shall not be subject to the provisions of this section,

except that a statement generally describing such records (modeled after the

requirements relating to records subject to subsections (e)(4)(A) through (G)

of this section) shall be published in the Federal Register.

(3) Each agency record pertaining to an identifiable individual which is

transferred to the National Archives of the United States as a record which

has sufficient historical or other value to warrant its continued preservation

by the United States Government, on or after the effective date of this

section, shall, for the purposes of this section, be considered to be

maintained by the National Archives and shall be exempt from the requirements

of this section except subsections (e)(4)(A) through (G) and (e)(9) of this

section.

(m) Government contractors

(1) When an agency provides by a contract for the operation by or on behalf of

the agency of a system of records to accomplish an agency function, the agency

shall, consistent with its authority, cause the requirements of this section

to be applied to such system. For purposes of subsection (i) of this section

any such contractor and any employee of such contractor, if such contract is

agreed to on or after the effective date of this section, shall be considered

to be an employee of an agency.

(2) A consumer reporting agency to which a record is disclosed under section

3711(e) of Title 31 shall not be considered a contractor for the purposes of

this section.

(n) Mailing lists

An individual's name and address may not be sold or rented by an agency unless

such action is specifically authorized by law. This provision shall not be

construed to require the withholding of names and addresses otherwise permitted

to be made public.

(o) Matching agreements -- (1) No record which is contained in a system of

records may be disclosed to a recipient agency or non-Federal agency for use in

a computer matching program except pursuant to a written agreement between the

source agency and the recipient agency or non-Federal agency specifying--

(A) the purpose and legal authority for conducting the program;

(B) the justification for the program and the anticipated results, including

a specific estimate of any savings;

(C) a description of the records that will be matched, including each data

element that will be used, the approximate number of records that will be

matched, and the projected starting and completion dates of the matching

program;

(D) procedures for providing individualized notice at the time of

application, and notice periodically thereafter as directed by the Data

Integrity Board of such agency (subject to guidance provided by the Director

of the Office of Management and Budget pursuant to subsection (v)), to--

(i) applicants for and recipients of financial assistance or payments

under Federal benefit programs, and

(ii) applicants for and holders of positions as Federal personnel, that

any information provided by such applicants, recipients, holders, and

individuals may be subject to verification through matching programs;

(E) procedures for verifying information produced in such matching program

as required by subsection (p);

(F) procedures for the retention and timely destruction of identifiable

records created by a recipient agency or non-Federal agency in such matching

program;

(G) procedures for ensuring the administrative, technical, and physical

security of the records matched and the results of such programs;

(H) prohibitions on duplication and redisclosure of records provided by the

source agency within or outside the recipient agency or the non-Federal

agency, except where required by law or essential to the conduct of the

matching program;

(I) procedures governing the use by a recipient agency or non-Federal agency

of records provided in a matching program by a source agency, including

procedures governing return of the records to the source agency or

destruction of records used in such program;

(J) information on assessments that have been made on the accuracy of the

records that will be used in such matching program; and

(K) that the Comptroller General may have access to all records of a

recipient agency or a non-Federal agency that the Comptroller General deems

necessary in order to monitor or verify compliance with the agreement.

(2)(A) A copy of each agreement entered into pursuant to paragraph (1) shall--

(i) be transmitted to the Committee on Governmental Affairs of the Senate

and the Committee on Government Operations of the House of

Representatives; and

(ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 days after the date on

which such a copy is transmitted pursuant to subparagraph (A)(i).

(C) Such an agreement shall remain in effect only for such period, not to

exceed 18 months, as the Data Integrity Board of the agency determines is

appropriate in light of the purposes, and length of time necessary for the

conduct, of the matching program.

(D) Within 3 months prior to the expiration of such an agreement pursuant to

subparagraph (C), the Data Integrity Board of the agency may, without

additional review, renew the matching agreement for a current, ongoing

matching program for not more than one additional year if--

(i) such program will be conducted without any change; and

(ii) each party to the agreement certifies to the Board in writing that

the program has been conducted in compliance with the agreement.

(p) Verification and Opportunity to Contest Findings

(1) In order to protect any individual whose records are used in a matching

program, no recipient agency, non-Federal agency, or source agency may

suspend, terminate, reduce, or make a final denial of any financial assistance

or payment under a Federal benefit program to such individual, or take other

adverse action against such individual, as a result of information produced by

such matching program, until--

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case of a

non-Federal agency the Data Integrity Board of the source agency,

determines in accordance with guidance issued by the Director of the

Office of Management and Budget that--

(I) the information is limited to identification and amount of benefits

paid by the source agency under a Federal benefit program; and

(II) there is a high degree of confidence that the information provided

to the recipient agency is accurate;

(B) the individual receives a notice from the agency containing a statement

of its findings and informing the individual of the opportunity to contest

such findings; and

(C)(i) the expiration of any time period established for the program by

statute or regulation for the individual to respond to that notice; or

(ii) in the case of a program for which no such period is established, the

end of the 30-day period beginning on the date on which notice under

subparagraph (B) is mailed or otherwise provided to the individual.

(2) Independent verification referred to in paragraph (1) requires

investigation and confirmation of specific information relating to an

individual that is used as a basis for an adverse action against the

individual, including where applicable investigation and confirmation of--

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or

income for such individual's own use; and

(C) the period or periods when the individual actually had such asset or

income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate action

otherwise prohibited by such paragraph if the agency determines that the

public health or public safety may be adversely affected or significantly

threatened during any notice period required by such paragraph.

(q) Sanctions

(1) Notwithstanding any other provision of law, no source agency may disclose

any record which is contained in a system of records to a recipient agency or

non-Federal agency for a matching program if such source agency has reason to

believe that the requirements of subsection (p), or any matching agreement

entered into pursuant to subsection (o), or both, are not being met by such

recipient agency.

(2) No source agency may renew a matching agreement unless--

(A) the recipient agency or non-Federal agency has certified that it has

complied with the provisions of that agreement; and

(B) the source agency has no reason to believe that the certification is

inaccurate.

(r) Report on new systems and matching programs

Each agency that proposes to establish or make a significant change in a system

of records or a matching program shall provide adequate advance notice of any

such proposal (in duplicate) to the Committee on Government Operations of the

House of Representatives, the Committee on Governmental Affairs of the Senate,

and the Office of Management and Budget in order to permit an evaluation of the

probable or potential effect of such proposal on the privacy or other rights of

individuals.

(s) [Biennial report] Repealed by the Federal Reports Elimination and Sunset Act

of 1995, Pub. L. No. 104-66, § 3003, 109 Stat. 707, 734-36 (1995), amended by

Pub. L. No. 106-113, § 236, 113 Stat. 1501, 1501A-302 (1999) (changing effective

date to May 15, 2000).

(t) Effect of other laws

(1) No agency shall rely on any exemption contained in section 552 of this

title to withhold from an individual any record which is otherwise accessible

to such individual under the provisions of this section.

(2) No agency shall rely on any exemption in this section to withhold from an

individual any record which is otherwise accessible to such individual under

the provisions of section 552 of this title.

(u) Data Integrity Boards

(1) Every agency conducting or participating in a matching program shall

establish a Data Integrity Board to oversee and coordinate among the various

components of such agency the agency's implementation of this section.

(2) Each Data Integrity Board shall consist of senior officials designated by

the head of the agency, and shall include any senior official designated by

the head of the agency as responsible for implementation of this section, and

the inspector general of the agency, if any. The inspector general shall not

serve as chairman of the Data Integrity Board.

(3) Each Data Integrity Board--

(A) shall review, approve, and maintain all written agreements for receipt

or disclosure of agency records for matching programs to ensure compliance

with subsection (o), and all relevant statutes, regulations, and guidelines;

(B) shall review all matching programs in which the agency has participated

during the year, either as a source agency or recipient agency, determine

compliance with applicable laws, regulations, guidelines, and agency

agreements, and assess the costs and benefits of such programs;

(C) shall review all recurring matching programs in which the agency has

participated during the year, either as a source agency or recipient agency,

for continued justification for such disclosures;

(D) shall compile an annual report, which shall be submitted to the head of

the agency and the Office of Management and Budget and made available to the

public on request, describing the matching activities of the agency,

including--

(i) matching programs in which the agency has participated as a source

agency or recipient agency;

(ii) matching agreements proposed under subsection (o) that were

disapproved by the Board;

(iii) any changes in membership or structure of the Board in the preceding

year;

(iv) the reasons for any waiver of the requirement in paragraph (4) of

this section for completion and submission of a cost-benefit analysis

prior to the approval of a matching program;

(v) any violations of matching agreements that have been alleged or

identified and any corrective action taken; and

(vi) any other information required by the Director of the Office of

Management and Budget to be included in such report;

(E) shall serve as a clearinghouse for receiving and providing information

on the accuracy, completeness, and reliability of records used in matching

programs;

(F) shall provide interpretation and guidance to agency components and

personnel on the requirements of this section for matching programs;

(G) shall review agency recordkeeping and disposal policies and practices

for matching programs to assure compliance with this section; and

(H) may review and report on any agency matching activities that are not

matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board

shall not approve any written agreement for a matching program unless the

agency has completed and submitted to such Board a cost-benefit analysis of

the proposed program and such analysis demonstrates that the program is likely

to be cost effective.

(B) The Board may waive the requirements of subparagraph (A) of this

paragraph if it determines in writing, in accordance with guidelines

prescribed by the Director of the Office of Management and Budget, that a

cost-benefit analysis is not required.

(C) A cost-benefit analysis shall not be required under subparagraph (A)

prior to the initial approval of a written agreement for a matching program

that is specifically required by statute. Any subsequent written agreement

for such a program shall not be approved by the Data Integrity Board unless

the agency has submitted a cost-benefit analysis of the program as conducted

under the preceding approval of such agreement.

(5)(A) If a matching agreement is disapproved by a Data Integrity Board, any

party to such agreement may appeal the disapproval to the Director of the

Office of Management and Budget. Timely notice of the filing of such an appeal

shall be provided by the Director of the Office of Management and Budget to

the Committee on Governmental Affairs of the Senate and the Committee on

Government Operations of the House of Representatives.

(B) The Director of the Office of Management and Budget may approve a

matching agreement notwithstanding the disapproval of a Data Integrity Board

if the Director determines that--

(i) the matching program will be consistent with all applicable legal,

regulatory, and policy requirements;

(ii) there is adequate evidence that the matching agreement will be cost-

effective; and

(iii) the matching program is in the public interest.

(C) The decision of the Director to approve a matching agreement shall not

take effect until 30 days after it is reported to committees described in

subparagraph (A).

(D) If the Data Integrity Board and the Director of the Office of Management

and Budget disapprove a matching program proposed by the inspector general

of an agency, the inspector general may report the disapproval to the head

of the agency and to the Congress.

(6) The Director of the Office of Management and Budget shall, annually during

the first 3 years after the date of enactment of this subsection and

biennially thereafter, consolidate in a report to the Congress the information

contained in the reports from the various Data Integrity Boards under

paragraph (3)(D). Such report shall include detailed information about costs

and benefits of matching programs that are conducted during the period covered

by such consolidated report, and shall identify each waiver granted by a Data

Integrity Board of the requirement for completion and submission of a

cost-benefit analysis and the reasons for granting the waiver.

(7) In the reports required by paragraphs (3)(D) and (6), agency matching

activities that are not matching programs may be reported on an aggregate

basis, if and to the extent necessary to protect ongoing law enforcement or

counterintelligence investigations.

(v) Office of Management and Budget Responsibilities

The Director of the Office of Management and Budget shall--

(1) develop and, after notice and opportunity for public comment, prescribe

guidelines and regulations for the use of agencies in implementing the

provisions of this section; and

(2) provide continuing assistance to and oversight of the implementation of

this section by agencies.

The following section originally was 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 originally were part of P.L. 100-503, the Computer

Matching and Privacy Protection Act of 1988; they may be found at § 552a (note).

Sec. 6 Functions of the Director of the Office of Management and Budget.

(b) Implementation Guidance for Amendments -- The Director shall, pursuant

to section 552a(v) of Title 5, United States Code, develop guidelines and

regulations for the use of agencies in implementing the amendments made by

this Act not later than 8 months after the date of enactment of this Act.

Sec. 9 Rules of Construction.

Nothing in the amendments made by this Act shall be construed to authorize--

(1) the establishment or maintenance by any agency of a national data bank

that combines, merges, or links information on individuals maintained in

systems of records by other Federal agencies;

(2) the direct linking of computerized systems of records maintained by

Federal agencies;

(3) the computer matching of records not otherwise authorized by law; or

(4) the disclosure of records for computer matching except to a Federal,

State, or local agency.

Sec. 10 Effective Dates.

(a) In Genera l -- 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.

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