Attachment H - Privacy Act of 1974. 5 U.S.C. § 552a, Pub. L. 93-579, 88 Stat. 1897

THE PRIVACY ACT OF 1974
5 U.S.C. § 552a
(As Amended)
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, that this Act may be cited as the "Privacy Act of 1974."
SECTION 2
(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 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 such 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.
SECTION 3
Title 5, United States Code, is amended by adding after section 552 the following new section:
§ 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"-2

(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
3

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;
4

(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;
5

(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
6

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;

7

(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,
8

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) CIVIL REMEDIES
(1)

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
9

(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
10

result of a disclosure of a record prior to September 27, 1975.
(h) RIGHTS OF LEGAL GUARDIANS
For the purposes of this section, the parent of any minor, or the legal guardian of any
individual who has been declared to be incompetent due to physical or mental incapacity
or age by a court of competent jurisdiction, may act on behalf of the individual.
(i) CRIMINAL PENALTIES
(1) 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.

11

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.

12

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
13

(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

14

(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;
15

(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
16

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
17

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.
18

(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 costeffective; 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

19

(2) provide continuing assistance to and oversight of the implementation of this section by
agencies.

The following section was originally part of the Privacy Act but was not codified; it may be
found at § 552a (note).
SECTION 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 section was originally part of Pub.L. 100-503, the Computer Matching and
Privacy Protection Act of 1988; it may be found at § 552a (note).
SECTION 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.

20