Appendix C: Privacy Act of 1974
SECTION 552a Records maintained on individuals
(a) DEFINITIONS. -- For purposes of this section--
- the term "agency" means agency as defined in section 552(e) of this title;
- the term "individual" means a citizen of the United States or an alien
lawfully admitted for permanent residence;
- the term "maintain" includes maintain, collect, use, or disseminate;
- 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;
- 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 as assigned
to the individual;
- the term "statistical record" means a record in a system of records
maintained for statistical research or reporting purpose 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;
- 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;
- 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 ervices 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 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;
- 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;
- 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;
- 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;
- the term "Federal benefit program" means any program administered or funded
by the Federal Government, or by any agent of 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
- 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).
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(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--
- 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;
- required under section 552 of this title;
- for a routine use as defined in subsection (a)(7) of this section and
described under subsection (e)(4)(D) of this section;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- to the Comptroller General, or any of his authorized representatives, in the
course of the performance of the duties of the General Accounting Office;
- pursuant to the order of a court of competent jurisdiction; and
- 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 --
- 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;
- 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;
- 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
- 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.
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(d) ACCESS TO RECORDS.--Each agency that maintains a system of records shall --
- 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;
- 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;
- 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;
- 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 --
- nothing in this section shall allow an individual access to any information
compiled in reasonable anticipation of a civil action or proceeding.
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(e) AGENCY REQUIREMENTS.--Each agency that maintains a system of records shall --
- 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;
- 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;
- 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.
- 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 individual 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;
- 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;
- 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;
- 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
- 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;
- 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;
- 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;
- 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
- 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.
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(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--
- 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;
- 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;
- 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;
- 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 exercised fully his rights under this
section; and
- 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.
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(g) 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.
-
(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.
- 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.
- In any suit brought under the provisions of subsection (g)(l)(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.
- 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.
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(i) 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.
- Any officer or employee of any agency who willfully maintains a system of
records without meetings the notice requirements of subsection (e)(4) of this
section shall be guilty of a misdemeanor and fined not more than $5.000.
- 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.
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(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--
- maintained by the Central Intelligence Agency; or
- 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.
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(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)(l), (e)(4) (G), (H), and (I) and (f) of this
section if the system of records is --
- subject to the provisions of section 552(b)(1) of this title;
- 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 the 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;
- maintained in connection with providing protective services to the President
of the United States or other individuals pursuant to section 3056 of title 18;
- required by statute to be maintained and used solely as statistical records;
- 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;
- 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
- 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 the 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.
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(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.
- 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 presentation 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.
- 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.
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(m) 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.
- 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.
(n) MAILING LIST.-- 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.
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(o) MATCHING AGREEMENTS.--
- 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 table source agency or
destruction of records used in such program;
(J) information on assessment 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.
-
(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.
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(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.--
- 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.
- 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;
- 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. --
- 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.
- 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 --
- 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;
- describing the exercise of individual rights of access and amendment under
this section during such years;
- identifying changes in or additions to systems of records;
- 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.
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(t) 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.
- 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.--
- 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.
- 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.
- 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.
-
(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.
-
(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.
- 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.
- 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.
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(v) OFFICE OF MANAGEMENT AND BUDGET RESPONSIBILITIES.-- The Director of the Office
of Management and Budget shall --
- 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
- provide continuing assistance to and oversight of the implementation of this
section by agencies.