(a) Definitions. - For purposes of this section -
(1) the term ''agency'' means agency as defined in section 552(e)
(FOOTNOTE 1)
(FOOTNOTE 1) Section 552(e) of this title, referred to in
subsec. (a)(1), was redesignated section 552(f) of this title by
section 1802(b) of Pub. L. 99-570.
(2) the term ''individual'' means a citizen of the United
States or an alien lawfully admitted for permanent
residence;
(3) the term ''maintain'' includes maintain, collect, use, or
disseminate;
(4) the term ''record'' means any item, collection, or
grouping of information about an individual that is maintained
by an agency, including, but not limited to, his education,
financial transactions, medical history, and criminal or
employment history and that contains his name, or the
identifying number, symbol, or other identifying particular
assigned to the individual, such as a finger or voice print or a
photograph;
(5) the term ''system of records'' means a group of any
records under the control of any agency from which information
is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular
assigned to the individual;
(6) the term ''statistical record'' means a record in a
system of records maintained for statistical research or
reporting purposes only and not used in whole or in part in
making any determination about an identifiable individual,
except as provided by section 8
of title 13;
(7) the term ''routine use'' means, with respect to the
disclosure of a record, the use of such record for a purpose
which is compatible with the purpose for which it was
collected;
(8) the term ''matching program'' -
(A) means any computerized comparison of -
(i) two or more automated systems of records or a system
of records with non-Federal records for the purpose of -
(I) establishing or verifying the eligibility of, or
continuing compliance with statutory and regulatory
requirements by, applicants for, recipients or
beneficiaries of, participants in, or providers of
services with respect to, cash or in-kind assistance or
payments under Federal benefit programs, or
(II) recouping payments or delinquent debts under such
Federal benefit programs, or
(ii) two or more automated Federal personnel or payroll
systems of records or a system of Federal personnel or
payroll records with non-Federal records,
(B) but does not include -
(i) matches performed to produce aggregate statistical
data without any personal identifiers;
(ii) matches performed to support any research or
statistical project, the specific data of which may not be
used to make decisions concerning the rights, benefits, or
privileges of specific individuals;
(iii) matches performed, by an agency (or component
thereof) which performs as its principal function any
activity pertaining to the enforcement of criminal laws,
subsequent to the initiation of a specific criminal or civil
law enforcement investigation of a named person or persons
for the purpose of gathering evidence against such person or
persons;
(iv) matches of tax information (I) pursuant to section
6103(d) of the Internal Revenue Code of 1986, (II) for
purposes of tax administration as defined in section
6103(b)(4) of such Code, (III) for the purpose of
intercepting a tax refund due an individual under authority
granted by section 464 or 1137 of the Social Security Act;
or (IV) for the purpose of intercepting a tax refund due an
individual under any other tax refund intercept program
authorized by statute which has been determined by the
Director of the Office of Management and Budget to contain
verification, notice, and hearing requirements that are
substantially similar to the procedures in section 1137 of
the Social Security Act;
(v) matches -
(I) using records predominantly relating to Federal
personnel, that are performed for routine administrative
purposes (subject to guidance provided by the Director of
the Office of Management and Budget pursuant to subsection
(v)); or
(II) conducted by an agency using only records from
systems of records maintained by that agency; if the
purpose of the match is not to take any adverse financial,
personnel, disciplinary, or other adverse action against
Federal personnel;
(vi) matches performed for foreign counterintelligence
purposes or to produce background checks for security
clearances of Federal personnel or Federal contractor
personnel; or
(vii) matches performed pursuant to section 6103(l)(12)
of the Internal Revenue Code of 1986 and section 1144 of the
Social Security Act; or
(viii) matches performed pursuant to section 202(x)(3)or
1611(e)(1) of the Social Security Act (42 U.S.C. 402(x)(3),
1382(e)(1));
(9) the term ''recipient agency'' means any agency, or
contractor thereof, receiving records contained in a system of
records from a source agency for use in a matching program;
(10) the term ''non-Federal agency'' means any State or local
government, or agency thereof, which receives records contained
in a system of records from a source agency for use in a
matching program;
(11) the term ''source agency'' means any agency which
discloses records contained in a system of records to be used in
a matching program, or any State or local government, or agency
thereof, which discloses records to be used in a matching
program;
(12) the term ''Federal benefit program'' means any program
administered or funded by the Federal Government, or by any
agent or State on behalf of the Federal Government, providing
cash or in-kind assistance in the form of payments, grants,
loans, or loan guarantees to individuals; and
(13) the term ''Federal personnel'' means officers and
employees of the Government of the United States, members of the
uniformed services (including members of the Reserve
Components), individuals entitled to receive immediate or
deferred retirement benefits under any retirement program of the
Government of the United States (including survivor
benefits).
(b) Conditions of Disclosure. - No agency shall disclose any
record which is contained in a system of records by any means of
communication to any person, or to another agency, except pursuant
to a written request by, or with the prior written consent of, the
individual to whom the record pertains, unless disclosure of the
record would be -
(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;
(2) required under section 552
of this title;
(3) for a routine use as defined in subsection (a)(7) of this
section and described under subsection (e)(4)(D) of this
section;
(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to
the provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely
as a statistical research or reporting record, and the record is
to be transferred in a form that is not individually
identifiable;
(6) to the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant
its continued preservation by the United States Government, or
for evaluation by the Archivist of the United States or the
designee of the Archivist to determine whether the record has
such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the
United States for a civil or criminal law enforcement activity
if the activity is authorized by law, and if the head of the
agency or instrumentality has made a written request to the
agency which maintains the record specifying the particular
portion desired and the law enforcement activity for which the
record is sought;
(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if
upon such disclosure notification is transmitted to the last
known address of such individual;
(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof,
any joint committee of Congress or subcommittee of any such
joint committee;
(10) to the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties
of the General Accounting Office;
(11) pursuant to the order of a court of competent
jurisdiction; or
(12) to a consumer reporting agency in accordance with
section 3711(f)
of title 31.
(c) Accounting of Certain Disclosures. - Each agency, with
respect to each system of records under its control, shall -
(1) except for disclosures made under subsections (b)(1) or
(b)(2) of this section, keep an accurate accounting of -
(A) the date, nature, and purpose of each disclosure of a
record to any person or to another agency made under
subsection (b) of this section; and
(B) the name and address of the person or agency to whom
the disclosure is made;
(2) retain the accounting made under paragraph (1) of this
subsection for at least five years or the life of the record,
whichever is longer, after the disclosure for which the
accounting is made;
(3) except for disclosures made under subsection (b)(7) of
this section, make the accounting made under paragraph (1) of
this subsection available to the individual named in the record
at his request; and
(4) inform any person or other agency about any correction or
notation of dispute made by the agency in accordance with
subsection (d) of this section of any record that has been
disclosed to the person or agency if an accounting of the
disclosure was made.
(d) Access to Records. - Each agency that maintains a system of
records shall -
(1) upon request by any individual to gain access to his
record or to any information pertaining to him which is
contained in the system, permit him and upon his request, a
person of his own choosing to accompany him, to review the
record and have a copy made of all or any portion thereof in a
form comprehensible to him, except that the agency may require
the individual to furnish a written statement authorizing
discussion of that individual's record in the accompanying
person's presence;
(2) permit the individual to request amendment of a record
pertaining to him and -
(A) not later than 10 days (excluding Saturdays, Sundays,
and legal public holidays) after the date of receipt of such
request, acknowledge in writing such receipt; and
(B) promptly, either -
(i) make any correction of any portion thereof which the
individual believes is not accurate, relevant, timely, or
complete; or
(ii) inform the individual of its refusal to amend the
record in accordance with his request, the reason for the
refusal, the procedures established by the agency for the
individual to request a review of that refusal by the head
of the agency or an officer designated by the head of the
agency, and the name and business address of that
official;
(3) permit the individual who disagrees with the refusal of
the agency to amend his record to request a review of such
refusal, and not later than 30 days (excluding Saturdays,
Sundays, and legal public holidays) from the date on which the
individual requests such review, complete such review and make a
final determination unless, for good cause shown, the head of
the agency extends such 30-day period; and if, after his review,
the reviewing official also refuses to amend the record in
accordance with the request, permit the individual to file with
the agency a concise statement setting forth the reasons for his
disagreement with the refusal of the agency, and notify the
individual of the provisions for judicial review of the
reviewing official's determination under subsection (g)(1)(A) of
this section;
(4) in any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring
after the filing of the statement under paragraph (3) of this
subsection, clearly note any portion of the record which is
disputed and provide copies of the statement and, if the agency
deems it appropriate, copies of a concise statement of the
reasons of the agency for not making the amendments requested,
to persons or other agencies to whom the disputed record has
been disclosed; and
(5) nothing in this section shall allow an individual access
to any information compiled in reasonable anticipation of a
civil action or proceeding.
(e) Agency Requirements. - Each agency that maintains a system
of records shall -
(1) maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose
of the agency required to be accomplished by statute or by
executive order of the President;
(2) collect information to the greatest extent practicable
directly from the subject individual when the information may
result in adverse determinations about an individual's rights,
benefits, and privileges under Federal programs;
(3) inform each individual whom it asks to supply
information, on the form which it uses to collect the
information or on a separate form that can be retained by the
individual -
(A) the authority (whether granted by statute, or by
executive order of the President) which authorizes the
solicitation of the information and whether disclosure of such
information is mandatory or voluntary;
(B) the principal purpose or purposes for which the
information is intended to be used;
(C) the routine uses which may be made of the information,
as published pursuant to paragraph (4)(D) of this subsection;
and
(D) the effects on him, if any, of not providing all or any
part of the requested information;
(4) subject to the provisions of paragraph (11) of this
subsection, publish in the Federal Register upon establishment
or revision a notice of the existence and character of the
system of records, which notice shall include -
(A) the name and location of the system;
(B) the categories of individuals on whom records are
maintained in the system;
(C) the categories of records maintained in the system;
(D) each routine use of the records contained in the
system, including the categories of users and the purpose of
such use;
(E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and
disposal of the records;
(F) the title and business address of the agency official
who is responsible for the system of records;
(G) the agency procedures whereby an individual can be
notified at his request if the system of records contains a
record pertaining to him;
(H) the agency procedures whereby an individual can be
notified at his request how he can gain access to any record
pertaining to him contained in the system of records, and how
he can contest its content; and
(I) the categories of sources of records in the
system;
(5) maintain all records which are used by the agency in
making any determination about any individual with such
accuracy, relevance, timeliness, and completeness as is
reasonably necessary to assure fairness to the individual in the
determination;
(6) prior to disseminating any record about an individual to
any person other than an agency, unless the dissemination is
made pursuant to subsection (b)(2) of this section, make
reasonable efforts to assure that such records are accurate,
complete, timely, and relevant for agency purposes;
(7) maintain no record describing how any individual
exercises rights guaranteed by the First Amendment unless
expressly authorized by statute or by the individual about whom
the record is maintained or unless pertinent to and within the
scope of an authorized law enforcement activity;
(8) make reasonable efforts to serve notice on an individual
when any record on such individual is made available to any
person under compulsory legal process when such process becomes
a matter of public record;
(9) establish rules of conduct for persons involved in the
design, development, operation, or maintenance of any system of
records, or in maintaining any record, and instruct each such
person with respect to such rules and the requirements of this
section, including any other rules and procedures adopted
pursuant to this section and the penalties for
noncompliance;
(10) establish appropriate administrative, technical, and
physical safeguards to insure the security and confidentiality
of records and to protect against any anticipated threats or
hazards to their security or integrity which could result in
substantial harm, embarrassment, inconvenience, or unfairness to
any individual on whom information is maintained;
(11) at least 30 days prior to publication of information
under paragraph (4)(D) of this subsection, publish in the
Federal Register notice of any new use or intended use of the
information in the system, and provide an opportunity for
interested persons to submit written data, views, or arguments
to the agency; and
(12) if such agency is a recipient agency or a source agency
in a matching program with a non-Federal agency, with respect to
any establishment or revision of a matching program, at least 30
days prior to conducting such program, publish in the Federal
Register notice of such establishment or revision.
(f) Agency Rules. - In order to carry out the provisions of
this section, each agency that maintains a system of records shall
promulgate rules, in accordance with the requirements (including
general notice) of section 553
of this title, which shall -
(1) establish procedures whereby an individual can be
notified in response to his request if any system of records
named by the individual contains a record pertaining to him;
(2) define reasonable times, places, and requirements for
identifying an individual who requests his record or information
pertaining to him before the agency shall make the record or
information available to the individual;
(3) establish procedures for the disclosure to an individual
upon his request of his record or information pertaining to him,
including special procedure, if deemed necessary, for the
disclosure to an individual of medical records, including
psychological records, pertaining to him;
(4) establish procedures for reviewing a request from an
individual concerning the amendment of any record or information
pertaining to the individual, for making a determination on the
request, for an appeal within the agency of an initial adverse
agency determination, and for whatever additional means may be
necessary for each individual to be able to exercise fully his
rights under this section; and
(5) establish fees to be charged, if any, to any individual
for making copies of his record, excluding the cost of any
search for and review of the record. The Office of the Federal
Register shall biennially compile and publish the rules
promulgated under this subsection and agency notices published
under subsection (e)(4) of this section in a form available to
the public at low cost.
(g)(1) Civil Remedies. - Whenever any agency
(A) makes a determination under subsection (d)(3) of this
section not to amend an individual's record in accordance with
his request, or fails to make such review in conformity with
that subsection;
(B) refuses to comply with an individual request under
subsection (d)(1) of this section;
(C) fails to maintain any record concerning any individual
with such accuracy, relevance, timeliness, and completeness as
is necessary to assure fairness in any determination relating
to the qualifications, character, rights, or opportunities of,
or benefits to the individual that may be made on the basis of
such record, and consequently a determination is made which is
adverse to the individual; or
(D) fails to comply with any other provision of this
section, or any rule promulgated thereunder, in such a way as
to have an adverse effect on an individual, the individual may
bring a civil action against the agency, and the district
courts of the United States shall have jurisdiction in the
matters under the provisions of this subsection.
(2)(A) In any suit brought under the provisions of subsection
(g)(1)(A) of this section, the court may order the agency to
amend the individual's record in accordance with his request or
in such other way as the court may direct. In such a case the
court shall determine the matter de novo.
(B) The court may assess against the United States
reasonable attorney fees and other litigation costs reasonably
incurred in any case under this paragraph in which the
complainant has substantially prevailed.
(3)(A) In any suit brought under the provisions of subsection
(g)(1)(B) of this section, the court may enjoin the agency from
withholding the records and order the production to the
complainant of any agency records improperly withheld from him.
In such a case the court shall determine the matter de novo, and
may examine the contents of any agency records in camera to
determine whether the records or any portion thereof may be
withheld under any of the exemptions set forth in subsection (k)
of this section, and the burden is on the agency to sustain its
action.
(B) The court may assess against the United States
reasonable attorney fees and other litigation costs reasonably
incurred in any case under this paragraph in which the
complainant has substantially prevailed.
(4) In any suit brought under the provisions of subsection
(g)(1)(C) or (D) of this section in which the court determines
that the agency acted in a manner which was intentional or
willful, the United States shall be liable to the individual in
an amount equal to the sum of -
(A) actual damages sustained by the individual as a result
of the refusal or failure, but in no case shall a person
entitled to recovery receive less than the sum of $1,000;
and
(B) the costs of the action together with reasonable
attorney fees as determined by the court.
(5) An action to enforce any liability created under this
section may be brought in the district court of the United
States in the district in which the complainant resides, or has
his principal place of business, or in which the agency records
are situated, or in the District of Columbia, without regard to
the amount in controversy, within two years from the date on
which the cause of action arises, except that where an agency
has materially and willfully misrepresented any information
required under this section to be disclosed to an individual and
the information so misrepresented is material to establishment
of the liability of the agency to the individual under this
section, the action may be brought at any time within two years
after discovery by the individual of the misrepresentation.
Nothing in this section shall be construed to authorize any
civil action by reason of any injury sustained as the result of
a disclosure of a record prior to September 27, 1975.
(h) Rights of Legal Guardians. - For the purposes of this
section, the parent of any minor, or the legal guardian of any
individual who has been declared to be incompetent due to physical
or mental incapacity or age by a court of competent jurisdiction,
may act on behalf of the individual.
(i)(1) Criminal Penalties. - Any officer or employee of an
agency, who by virtue of his employment or official position, has
possession of, or access to, agency records which contain
individually identifiable information the disclosure of which is
prohibited by this section or by rules or regulations established
thereunder, and who knowing that disclosure of the specific
material is so prohibited, willfully discloses the material in any
manner to any person or agency not entitled to receive it, shall
be guilty of a misdemeanor and fined not more than $5,000.
(2) Any officer or employee of any agency who willfully
maintains a system of records without meeting the notice
requirements of subsection (e)(4) of this section shall be
guilty of a misdemeanor and fined not more than $5,000.
(3) Any person who knowingly and willfully requests or
obtains any record concerning an individual from an agency under
false pretenses shall be guilty of a misdemeanor and fined not
more than $5,000.
(j) General Exemptions. - The head of any agency may promulgate
rules, in accordance with the requirements (including general
notice) of sections 553(b)(1),
(2), and (3), (c),
and (e)
of this title, to exempt any system of records within the agency
from any part of this section except subsections (b), (c)(1) and
(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and
(i) if the system of records is -
(1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component thereof which
performs as its principal function any activity pertaining to
the enforcement of criminal laws, including police efforts to
prevent, control, or reduce crime or to apprehend criminals, and
the activities of prosecutors, courts, correctional, probation,
pardon, or parole authorities, and which consists of
(A)information compiled for the purpose of identifying
individual criminal offenders and alleged offenders and
consisting only of identifying data and notations of arrests,
the nature and disposition of criminal charges, sentencing,
confinement, release, and parole and probation status;(B)
information compiled for the purpose of a criminal
investigation, including reports of informants and
investigators, and associated with an identifiable individual;
or (C) reports identifiable to an individual compiled at any
stage of the process of enforcement of the criminal laws from
arrest or indictment through release from supervision.
At the time rules are adopted under this subsection, the
agency shall include in the statement required under section 553(c)
of this title, the reasons why the system of records is to be
exempted from a provision of this section.
(k) Specific Exemptions. - The head of any agency may
promulgate rules, in accordance with the requirements (including
general notice) of sections 553(b)(1), (2), and (3), (c), and (e)
of this title, to exempt any system of records within the agency
from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and
(f) of this section if the system of records is -
(1) subject to the provisions of section 552(b)(1)
of this title;
(2) investigatory material compiled for law enforcement
purposes, other than material within the scope of subsection
(j)(2) of this section: Provided, however, That if any
individual is denied any right, privilege, or benefit that he
would otherwise be entitled by Federal law, or for which he
would otherwise be eligible, as a result of the maintenance of
such material, such material shall be provided to such
individual, except to the extent that the disclosure of such
material would reveal the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence, or, prior to
the effective date of this section, under an implied promise
that the identity of the source would be held in confidence;
(3) maintained in connection with providing protective
services to the President of the United States or other
individuals pursuant to section 3056
of title 18;
(4) required by statute to be maintained and used solely as
statistical records;
(5) investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for
Federal civilian employment, military service, Federal
contracts, or access to classified information, but only to the
extent that the disclosure of such material would reveal the
identity of a source who furnished information to the Government
under an express promise that the identity of the source would
be held in confidence, or, prior to the effective date of this
section, under an implied promise that the identity of the
source would be held in confidence;
(6) testing or examination material used solely to determine
individual qualifications for appointment or promotion in the
Federal service the disclosure of which would compromise the
objectivity or fairness of the testing or examination process;
or
(7) evaluation material used to determine potential for
promotion in the armed services, but only to the extent that the
disclosure of such material would reveal the identity of a
source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section,
under an implied promise that the identity of the source would
be held in confidence.
At the time rules are adopted under this subsection, the
agency shall include in the statement required under section 553(c)
of this title, the reasons why the system of records is to be
exempted from a provision of this section.
(l) Archival Records. - Each agency record which is
accepted by the Archivist of the United States for storage,
processing, and servicing in accordance with section 3103
of title 44 shall, for the purposes of this section, be
considered to be maintained by the agency which deposited the
record and shall be subject to the provisions of this section.
The Archivist of the United States shall not disclose the
record except to the agency which maintains the record, or
under rules established by that agency which are not
inconsistent with the provisions of this section.
(2) Each agency record pertaining to an identifiable
individual which was transferred to the National Archives of
the United States as a record which has sufficient historical
or other value to warrant its continued preservation by the
United States Government, prior to the effective date of this
section, shall, for the purposes of this section, be
considered to be maintained by the National Archives and shall
not be subject to the provisions of this section, except that
a statement generally describing such records (modeled after
the requirements relating to records subject to subsections
(e)(4)(A) through (G) of this section) shall be published in
the Federal Register.
(3) Each agency record pertaining to an identifiable
individual which is transferred to the National Archives of
the United States as a record which has sufficient historical
or other value to warrant its continued preservation by the
United States Government, on or after the effective date of
this section, shall, for the purposes of this section, be
considered to be maintained by the National Archives and shall
be exempt from the requirements of this section except
subsections (e)(4)(A) through (G) and (e)(9) of this
section.
(m)(1) Government Contractors. - When an agency provides by a
contract for the operation by or on behalf of the agency of a
system of records to accomplish an agency function, the agency
shall, consistent with its authority, cause the requirements of
this section to be applied to such system. For purposes of
subsection (i) of this section any such contractor and any
employee of such contractor, if such contract is agreed to on or
after the effective date of this section, shall be considered to
be an employee of an agency.
(2) A consumer reporting agency to which a record is
disclosed under section 3711(f)
of title 31 shall not be considered a contractor for the
purposes of this section.
(n) Mailing Lists. - An individual's name and address may not
be sold or rented by an agency unless such action is specifically
authorized by law. This provision shall not be construed to
require the withholding of names and addresses otherwise permitted
to be made public.
(o) Matching Agreements. - (1) No record which is contained in
a system of records may be disclosed to a recipient agency or
non-Federal agency for use in a computer matching program except
pursuant to a written agreement between the source agency and the
recipient agency or non-Federal agency specifying -
(A) the purpose and legal authority for conducting the
program;
(B) the justification for the program and the anticipated
results, including a specific estimate of any savings;
(C) a description of the records that will be matched,
including each data element that will be used, the approximate
number of records that will be matched, and the projected
starting and completion dates of the matching program;
(D) procedures for providing individualized notice at the
time of application, and notice periodically thereafter as
directed by the Data Integrity Board of such agency (subject
to guidance provided by the Director of the Office of
Management and Budget pursuant to subsection (v)), to -
(i) applicants for and recipients of financial assistance
or payments under Federal benefit programs, and
(ii) applicants for and holders of positions as Federal
personnel, that any information provided by such applicants,
recipients, holders, and individuals may be subject to
verification through matching programs;
(E) procedures for verifying information produced in such
matching program as required by subsection (p);
(F) procedures for the retention and timely destruction of
identifiable records created by a recipient agency or
non-Federal agency in such matching program;
(G) procedures for ensuring the administrative, technical,
and physical security of the records matched and the results
of such programs;
(H) prohibitions on duplication and redisclosure of records
provided by the source agency within or outside the recipient
agency or the non-Federal agency, except where required by law
or essential to the conduct of the matching program;
(I) procedures governing the use by a recipient agency or
non-Federal agency of records provided in a matching program
by a source agency, including procedures governing return of
the records to the source agency or destruction of records
used in such program;
(J) information on assessments that have been made on the
accuracy of the records that will be used in such matching
program; and
(K) that the Comptroller General may have access to all
records of a recipient agency or a non-Federal agency that the
Comptroller General deems necessary in order to monitor or
verify compliance with the agreement.
(2)(A) A copy of each agreement entered into pursuant to
paragraph (1) shall -
(i) be transmitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government
Operations of the House of Representatives; and
(ii) be available upon request to the public.
(B) No such agreement shall be effective until 30 days
after the date on which such a copy is transmitted pursuant to
subparagraph (A)(i).
(C) Such an agreement shall remain in effect only for such
period, not to exceed 18 months, as the Data Integrity Board
of the agency determines is appropriate in light of the
purposes, and length of time necessary for the conduct, of the
matching program.
(D) Within 3 months prior to the expiration of such an
agreement pursuant to subparagraph (C), the Data Integrity
Board of the agency may, without additional review, renew the
matching agreement for a current, ongoing matching program for
not more than one additional year if -
(i) such program will be conducted without any change;
and
(ii) each party to the agreement certifies to the Board
in writing that the program has been conducted in compliance
with the agreement.
(p) Verification and Opportunity to Contest Findings. - (1) In
order to protect any individual whose records are used in a
matching program, no recipient agency, non-Federal agency, or
source agency may suspend, terminate, reduce, or make a final
denial of any financial assistance or payment under a Federal
benefit program to such individual, or take other adverse action
against such individual, as a result of information produced by
such matching program, until -
(A)(i) the agency has independently verified the
information; or
(ii) the Data Integrity Board of the agency, or in the
case of a non-Federal agency the Data Integrity Board of the
source agency, determines in accordance with guidance issued
by the Director of the Office of Management and Budget that
-
(I) the information is limited to identification and
amount of benefits paid by the source agency under a
Federal benefit program; and
(II) there is a high degree of confidence that the
information provided to the recipient agency is
accurate;
(B) the individual receives a notice from the agency
containing a statement of its findings and informing the
individual of the opportunity to contest such findings;
and
(C)(i) the expiration of any time period established for
the program by statute or regulation for the individual to
respond to that notice; or
(ii) in the case of a program for which no such period is
established, the end of the 30-day period beginning on the
date on which notice under subparagraph (B) is mailed or
otherwise provided to the individual.
(2) Independent verification referred to in paragraph (1)
requires investigation and confirmation of specific information
relating to an individual that is used as a basis for an adverse
action against the individual, including where applicable
investigation and confirmation of -
(A) the amount of any asset or income involved;
(B) whether such individual actually has or had access to
such asset or income for such individual's own use; and
(C) the period or periods when the individual actually had
such asset or income.
(3) Notwithstanding paragraph (1), an agency may take any
appropriate action otherwise prohibited by such paragraph if the
agency determines that the public health or public safety may be
adversely affected or significantly threatened during any notice
period required by such paragraph.
(q) Sanctions. - (1) Notwithstanding any other provision of
law, no source agency may disclose any record which is contained
in a system of records to a recipient agency or non-Federal agency
for a matching program if such source agency has reason to believe
that the requirements of subsection (p), or any matching agreement
entered into pursuant to subsection (o), or both, are not being
met by such recipient agency.
(2) No source agency may renew a matching agreement unless
-
(A) the recipient agency or non-Federal agency has
certified that it has complied with the provisions of that
agreement; and
(B) the source agency has no reason to believe that the
certification is inaccurate.
(r) Report on New Systems and Matching Programs. - Each agency
that proposes to establish or make a significant change in a
system of records or a matching program shall provide adequate
advance notice of any such proposal (in duplicate) to the
Committee on Government Operations of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Office of Management and Budget in order to permit
an evaluation of the probable or potential effect of such proposal
on the privacy or other rights of individuals.
(s) Biennial Report. - The President shall biennially submit to
the Speaker of the House of Representatives and the President pro
tempore of the Senate a report -
(1) describing the actions of the Director of the Office of
Management and Budget pursuant to section 6 of the Privacy Act
of 1974 during the preceding 2 years;
(2) describing the exercise of individual rights of access
and amendment under this section during such years;
(3) identifying changes in or additions to systems of
records;
(4) containing such other information concerning
administration of this section as may be necessary or useful to
the Congress in reviewing the effectiveness of this section in
carrying out the purposes of the Privacy Act of 1974.
(t)(1) Effect of Other Laws. - No agency shall rely on any
exemption contained in section 552
of this title to withhold from an individual any record which is
otherwise accessible to such individual under the provisions of
this section.
(2) No agency shall rely on any exemption in this section to
withhold from an individual any record which is otherwise
accessible to such individual under the provisions of section 552
of this title.
(u) Data Integrity Boards. - (1) Every agency conducting or
participating in a matching program shall establish a Data
Integrity Board to oversee and coordinate among the various
components of such agency the agency's implementation of this
section.
(2) Each Data Integrity Board shall consist of senior
officials designated by the head of the agency, and shall
include any senior official designated by the head of the agency
as responsible for implementation of this section, and the
inspector general of the agency, if any. The inspector general
shall not serve as chairman of the Data Integrity Board.
(3) Each Data Integrity Board -
(A) shall review, approve, and maintain all written
agreements for receipt or disclosure of agency records for
matching programs to ensure compliance with subsection (o),
and all relevant statutes, regulations, and guidelines;
(B) shall review all matching programs in which the agency
has participated during the year, either as a source agency or
recipient agency, determine compliance with applicable laws,
regulations, guidelines, and agency agreements, and assess the
costs and benefits of such programs;
(C) shall review all recurring matching programs in which
the agency has participated during the year, either as a
source agency or recipient agency, for continued justification
for such disclosures;
(D) shall compile an annual report, which shall be
submitted to the head of the agency and the Office of
Management and Budget and made available to the public on
request, describing the matching activities of the agency,
including -
(i) matching programs in which the agency has
participated as a source agency or recipient agency;
(ii) matching agreements proposed under subsection (o)
that were disapproved by the Board;
(iii) any changes in membership or structure of the Board
in the preceding year;
(iv) the reasons for any waiver of the requirement in
paragraph (4) of this section for completion and submission
of a cost-benefit analysis prior to the approval of a
matching program;
(v) any violations of matching agreements that have been
alleged or identified and any corrective action taken;
and
(vi) any other information required by the Director of
the Office of Management and Budget to be included in such
report;
(E) shall serve as a clearinghouse for receiving and
providing information on the accuracy, completeness, and
reliability of records used in matching programs;
(F) shall provide interpretation and guidance to agency
components and personnel on the requirements of this section
for matching programs;
(G) shall review agency recordkeeping and disposal policies
and practices for matching programs to assure compliance with
this section; and
(H) may review and report on any agency matching activities
that are not matching programs.
(4)(A) Except as provided in subparagraphs (B) and (C), a
Data Integrity Board shall not approve any written agreement for
a matching program unless the agency has completed and submitted
to such Board a cost-benefit analysis of the proposed program
and such analysis demonstrates that the program is likely to be
cost effective. (FOOTNOTE 2)
(FOOTNOTE 2) So in original.
Probably should be ''cost-effective.''
(B) The Board may waive the requirements of subparagraph
(A) of this paragraph if it determines in writing, in
accordance with guidelines prescribed by the Director of the
Office of Management and Budget, that a cost-benefit analysis
is not required.
(C) A cost-benefit analysis shall not be required under
subparagraph (A) prior to the initial approval of a written
agreement for a matching program that is specifically required
by statute. Any subsequent written agreement for such a
program shall not be approved by the Data Integrity Board
unless the agency has submitted a cost-benefit analysis of the
program as conducted under the preceding approval of such
agreement.
(5)(A) If a matching agreement is disapproved by a Data
Integrity Board, any party to such agreement may appeal the
disapproval to the Director of the Office of Management and
Budget. Timely notice of the filing of such an appeal shall be
provided by the Director of the Office of Management and Budget
to the Committee on Governmental Affairs of the Senate and the
Committee on Government Operations of the House of
Representatives.
(B) The Director of the Office of Management and Budget may
approve a matching agreement notwithstanding the disapproval
of a Data Integrity Board if the Director determines that
-
(i) the matching program will be consistent with all
applicable legal, regulatory, and policy requirements;
(ii) there is adequate evidence that the matching
agreement will be cost-effective; and
(iii) the matching program is in the public
interest.
(C) The decision of the Director to approve a matching
agreement shall not take effect until 30 days after it is
reported to committees described in subparagraph (A).
(D) If the Data Integrity Board and the Director of the
Office of Management and Budget disapprove a matching program
proposed by the inspector general of an agency, the inspector
general may report the disapproval to the head of the agency
and to the Congress.
(6) In the reports required by paragraph (3)(D), agency
matching activities that are not matching programs may be
reported on an aggregate basis, if and to the extent necessary
to protect ongoing law enforcement or counterintelligence
investigations.
(v) Office of Management and Budget Responsibilities. - The
Director of the Office of Management and Budget shall -
(1) develop and, after notice and opportunity for public
comment, prescribe guidelines and regulations for the use of
agencies in implementing the provisions of this section; and
(2) provide continuing assistance to and oversight of the
implementation of this section by agencies.
