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FOR MORE
INFORMATION
House
of Representatives Privacy Policy
TEXT OF THE PRIVACY ACT OF 1974
' 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).
(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;
- ret)a)))in 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.
(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.
(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.
(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.
(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.
(i) CRIMINAL PENALTIES
- 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.
(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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
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