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PRIVACY ACT 1974 RING A BELL, PUNISHABLE BY JAIL..
Theres your Cliff Notes
Privacy Act of 1974 and Amendments
(as of Jan 2, 1991)
[From GPO US Code on CD-ROM (GPO S/N 052-001-004-00439-6)]
5 USC Sec. 552a
TITLE 5
PART I
CHAPTER 5
SUBCHAPTER II
Sec. 552a. Records maintained on individuals
(a) Definitions. - For purposes of this section -
(1) the term 'agency' means agency as defined in section 552(e)
(FOOTNOTE 1) of this title;
(FOOTNOTE 1) See References in Text note below.
(2) the term 'individual' means a citizen of the United States
or an alien lawfully admitted for permanent residence;
(3) the term 'maintain' includes maintain, collect, use, or
disseminate;
(4) the term 'record' means any item, collection, or grouping
of information about an individual that is maintained by an
agency, including, but not limited to, his education, financial
transactions, medical history, and criminal or employment history
and that contains his name, or the identifying number, symbol, or
other identifying particular assigned to the individual, such as
a finger or voice print or a photograph;
(5) the term 'system of records' means a group of any records
under the control of any agency from which information is
retrieved by the name of the individual or by some identifying
number, symbol, or other identifying particular assigned to the
individual;
(6) the term 'statistical record' means a record in a system of
records maintained for statistical research or reporting purposes
only and not used in whole or in part in making any determination
about an identifiable individual, except as provided by section 8
of title 13;
(7) the term 'routine use' means, with respect to the
disclosure of a record, the use of such record for a purpose
which is compatible with the purpose for which it was collected;
(8) the term 'matching program' -
(A) means any computerized comparison of -
(i) two or more automated systems of records or a system of
records with non-Federal records for the purpose of -
(I) establishing or verifying the eligibility of, or
continuing compliance with statutory and regulatory
requirements by, applicants for, recipients or
beneficiaries of, participants in, or providers of services
with respect to, cash or in-kind assistance or payments
under Federal benefit programs, or
(II) recouping payments or delinquent debts under such
Federal benefit programs, or
(ii) two or more automated Federal personnel or payroll
systems of records or a system of Federal personnel or
payroll records with non-Federal records,
(B) but does not include -
(i) matches performed to produce aggregate statistical data
without any personal identifiers;
(ii) matches performed to support any research or
statistical project, the specific data of which may not be
used to make decisions concerning the rights, benefits, or
privileges of specific individuals;
(iii) matches performed, by an agency (or component
thereof) which performs as its principal function any
activity pertaining to the enforcement of criminal laws,
subsequent to the initiation of a specific criminal or civil
law enforcement investigation of a named person or persons
for the purpose of gathering evidence against such person or
persons;
(iv) matches of tax information (I) pursuant to section
6103(d) of the Internal Revenue Code of 1986, (II) for
purposes of tax administration as defined in section
6103(b)(4) of such Code, (III) for the purpose of
intercepting a tax refund due an individual under authority
granted by section 464 or 1137 of the Social Security Act; or
(IV) for the purpose of intercepting a tax refund due an
individual under any other tax refund intercept program
authorized by statute which has been determined by the
Director of the Office of Management and Budget to contain
verification, notice, and hearing requirements that are
substantially similar to the procedures in section 1137 of
the Social Security Act;
(v) matches -
(I) using records predominantly relating to Federal
personnel, that are performed for routine administrative
purposes (subject to guidance provided by the Director of
the Office of Management and Budget pursuant to subsection
(v)); or
(II) conducted by an agency using only records from
systems of records maintained by that agency;
if the purpose of the match is not to take any adverse
financial, personnel, disciplinary, or other adverse action
against Federal personnel; or
(vi) matches performed for foreign counterintelligence
purposes or to produce background checks for security
clearances of Federal personnel or Federal contractor
personnel;
(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(f) 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.
(l) Archival Records. - Each agency record which is accepted by
the Archivist of the United States for storage, processing, and
servicing in accordance with section 3103 of title 44 shall, for
the purposes of this section, be considered to be maintained by the
agency which deposited the record and shall be subject to the
provisions of this section. The Archivist of the United States
shall not disclose the record except to the agency which maintains
the record, or under rules established by that agency which are not
inconsistent with the provisions of this section.
(2) Each agency record pertaining to an identifiable individual
which was transferred to the National Archives of the United States
as a record which has sufficient historical or other value to
warrant its continued preservation by the United States Government,
prior to the effective date of this section, shall, for the
purposes of this section, be considered to be maintained by the
National Archives and shall not be subject to the provisions of
this section, except that a statement generally describing such
records (modeled after the requirements relating to records subject
to subsections (e)(4)(A) through (G) of this section) shall be
published in the Federal Register.
(3) Each agency record pertaining to an identifiable individual
which is transferred to the National Archives of the United States
as a record which has sufficient historical or other value to
warrant its continued preservation by the United States Government,
on or after the effective date of this section, shall, for the
purposes of this section, be considered to be maintained by the
National Archives and shall be exempt from the requirements of this
section except subsections (e)(4)(A) through (G) and (e)(9) of this
section.
(m)(1) Government Contractors. - When an agency provides by a
contract for the operation by or on behalf of the agency of a
system of records to accomplish an agency function, the agency
shall, consistent with its authority, cause the requirements of
this section to be applied to such system. For purposes of
subsection (i) of this section any such contractor and any employee
of such contractor, if such contract is agreed to on or after the
effective date of this section, shall be considered to be an
employee of an agency.
(2) A consumer reporting agency to which a record is disclosed
under section 3711(f) of title 31 shall not be considered a
contractor for the purposes of this section.
Mailing Lists. - An individual's name and address may not besold or rented by an agency unless such action is specifically
authorized by law. This provision shall not be construed to
require the withholding of names and addresses otherwise permitted
to be made public.
(o) Matching Agreements. - (1) No record which is contained in a
system of records may be disclosed to a recipient agency or
non-Federal agency for use in a computer matching program except
pursuant to a written agreement between the source agency and the
recipient agency or non-Federal agency specifying -
(A) the purpose and legal authority for conducting the program;
(B) the justification for the program and the anticipated
results, including a specific estimate of any savings;
(C) a description of the records that will be matched,
including each data element that will be used, the approximate
number of records that will be matched, and the projected
starting and completion dates of the matching program;
(D) procedures for providing individualized notice at the time
of application, and notice periodically thereafter as directed by
the Data Integrity Board of such agency (subject to guidance
provided by the Director of the Office of Management and Budget
pursuant to subsection (v)), to -
(i) applicants for and recipients of financial assistance or
payments under Federal benefit programs, and
(ii) applicants for and holders of positions as Federal
personnel,
that any information provided by such applicants, recipients,
holders, and individuals may be subject to verification through
matching programs;
(E) procedures for verifying information produced in such
matching program as required by subsection (p);
(F) procedures for the retention and timely destruction of
identifiable records created by a recipient agency or non-Federal
agency in such matching program;
(G) procedures for ensuring the administrative, technical, and
physical security of the records matched and the results of such
programs;
(H) prohibitions on duplication and redisclosure of records
provided by the source agency within or outside the recipient
agency or the non-Federal agency, except where required by law or
essential to the conduct of the matching program;
(I) procedures governing the use by a recipient agency or
non-Federal agency of records provided in a matching program by a
source agency, including procedures governing return of the
records to the source agency or destruction of records used in
such program;
(J) information on assessments that have been made on the
accuracy of the records that will be used in such matching
program; and
(K) that the Comptroller General may have access to all records
of a recipient agency or a non-Federal agency that the
Comptroller General deems necessary in order to monitor or verify
compliance with the agreement.
(2)(A) A copy of each agreement entered into pursuant to
paragraph (1) shall -
(i) be transmitted to the Committee on Governmental Affairs of
the Senate and the Committee on Government Operations of the
House of Representatives; and
(ii) be available upon request to the public.
(B) No such agreement shall be effective until 30 days after the
date on which such a copy is transmitted pursuant to subparagraph
(A)(i).
(C) Such an agreement shall remain in effect only for such
period, not to exceed 18 months, as the Data Integrity Board of the
agency determines is appropriate in light of the purposes, and
length of time necessary for the conduct, of the matching program.
(D) Within 3 months prior to the expiration of such an agreement
pursuant to subparagraph (C), the Data Integrity Board of the
agency may, without additional review, renew the matching agreement
for a current, ongoing matching program for not more than one
additional year if -
(i) such program will be conducted without any change; and
(ii) each party to the agreement certifies to the Board in
writing that the program has been conducted in compliance with
the agreement.
(p) Verification and Opportunity to Contest Findings. - (1) In
order to protect any individual whose records are used in a
matching program, no recipient agency, non-Federal agency, or
source agency may suspend, terminate, reduce, or make a final
denial of any financial assistance or payment under a Federal
benefit program to such individual, or take other adverse action
against such individual, as a result of information produced by
such matching program, until -
(A)(i) the agency has independently verified the information;
or
(ii) the Data Integrity Board of the agency, or in the case of
a non-Federal agency the Data Integrity Board of the source
agency, determines in accordance with guidance issued by the
Director of the Office of Management and Budget that -
(I) the information is limited to identification and amount
of benefits paid by the source agency under a Federal benefit
program; and
(II) there is a high degree of confidence that the
information provided to the recipient agency is accurate;
(B) the individual receives a notice from the agency containing
a statement of its findings and informing the individual of the
opportunity to contest such findings; and
(C)(i) the expiration of any time period established for the
program by statute or regulation for the individual to respond to
that notice; or
(ii) in the case of a program for which no such period is
established, the end of the 30-day period beginning on the date
on which notice under subparagraph (B) is mailed or otherwise
provided to the individual.
(2) Independent verification referred to in paragraph (1)
requires investigation and confirmation of specific information
relating to an individual that is used as a basis for an adverse
action against the individual, including where applicable
investigation and confirmation of -
(A) the amount of any asset or income involved;
(B) whether such individual actually has or had access to such
asset or income for such individual's own use; and
(C) the period or periods when the individual actually had such
asset or income.
(3) Notwithstanding paragraph (1), an agency may take any
appropriate action otherwise prohibited by such paragraph if the
agency determines that the public health or public safety may be
adversely affected or significantly threatened during any notice
period required by such paragraph.
(q) Sanctions. - (1) Notwithstanding any other provision of law,
no source agency may disclose any record which is contained in a
system of records to a recipient agency or non-Federal agency for a
matching program if such source agency has reason to believe that
the requirements of subsection (p), or any matching agreement
entered into pursuant to subsection (o), or both, are not being met
by such recipient agency.
(2) No source agency may renew a matching agreement unless -
(A) the recipient agency or non-Federal agency has certified
that it has complied with the provisions of that agreement; and
(B) the source agency has no reason to believe that the
certification is inaccurate.
(r) Report on New Systems and Matching Programs. - Each agency
that proposes to establish or make a significant change in a system
of records or a matching program shall provide adequate advance
notice of any such proposal (in duplicate) to the Committee on
Government Operations of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Office of
Management and Budget in order to permit an evaluation of the
probable or potential effect of such proposal on the privacy or
other rights of individuals.
(s) Biennial Report. - The President shall biennially submit to
the Speaker of the House of Representatives and the President pro
tempore of the Senate a report -
(1) describing the actions of the Director of the Office of
Management and Budget pursuant to section 6 of the Privacy Act of
1974 during the preceding 2 years;
(2) describing the exercise of individual rights of access and
amendment under this section during such years;
(3) identifying changes in or additions to systems of records;
(4) containing such other information concerning administration
of this section as may be necessary or useful to the Congress in
reviewing the effectiveness of this section in carrying out the
purposes of the Privacy Act of 1974.
(t)(1) Effect of Other Laws. - 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. (FOOTNOTE 2)
(FOOTNOTE 2) So in original. Probably should 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.
DISCLOSURE OF SOCIAL SECURITY NUMBER
Section 7 of Pub. L. 93-579 provided that:
'(a)(1) It shall be unlawful for any Federal, State or local
government agency to deny to any individual any right, benefit, or
privilege provided by law because of such individual's refusal to
disclose his social security account number.
'(2) the (The) provisions of paragraph (1) of this subsection
shall not apply with respect to -
'(A) any disclosure which is required by Federal statute, or
'(B) the disclosure of a social security number to any Federal,
State, or local agency maintaining a system of records in
existence and operating before January 1, 1975, if such
disclosure was required under statute or regulation adopted prior
to such date to verify the identity of an individual.
'(b) Any Federal, State, or local government agency which
requests an individual to disclose his social security account
number shall inform that individual whether that disclosure is
mandatory or voluntary, by what statutory or other authority such
number is solicited, and what uses will be made of it.'
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