Privacy Act of 1974

7/29/2019 Privacy Act of 1974

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THE PRIVACY ACT OF 1974

5 U.S.C. 552a

As Amended

552a. Records maintained on individuals

(a) Definitions

For purposes of this section--

(1) the term "aenc!" means aenc! as defined in section 552(f) of this title

(2) the term "individual" means a citi#en of the $nited %tates or an alien la&full!admitted for permanent residence

(') the term "maintain" includes maintain collect use or disseminate

() the term "record" means an! item collection or roupin of informationa*out an individual that is maintained *! an aenc! includin *ut not limited tohis education financial transactions medical histor! and criminal or emplo!menthistor! and that contains his name or the identif!in num*er s!m*ol or otheridentif!in particular assined to the individual such as a finer or voice print ora photoraph

(5) the term "s!stem of records" means a roup of an! records under the control

of an! aenc! from &hich information is retrieved *! the name of the individualor *! some identif!in num*er s!m*ol or other identif!in particular assined tothe individual

(+) the term "statistical record" means a record in a s!stem of records maintainedfor statistical research or reportin purposes onl! and not used in &hole or in partin ma,in an! determination a*out an identifia*le individual ecept as provided*! section of /itle 1'

(0) the term "routine use" means &ith respect to the disclosure of a record theuse of such record for a purpose &hich is compati*le &ith the purpose for &hich it&as collected

() the term "matchin proram"--

(A) means an! computeri#ed comparison of--(i) t&o or more automated s!stems of records or a s!stem of records &ithnon-Federal records for the purpose of--


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() esta*lishin or verif!in the elii*ilit! of or continuin compliance&ith statutor! and reulator! reuirements *! applicants for recipients or*eneficiaries of participants in or providers of services &ith respect tocash or in-,ind assistance or pa!ments under Federal *enefit prorams or

() recoupin pa!ments or delinuent de*ts under such Federal *enefitprorams or

(ii) t&o or more automated Federal personnel or pa!roll s!stems ofrecords or a s!stem of Federal personnel or pa!roll records &ith non-Federal records(3) *ut does not include--(i) matches performed to produce areate statistical data &ithout an!personal identifiers

(ii) matches performed to support an! research or statistical pro4ect thespecific data of &hich ma! not *e used to ma,e decisions concernin therihts *enefits or privilees of specific individuals

(iii) matches performed *! an aenc! (or component thereof) &hichperforms as its principal function an! activit! pertainin to theenforcement of criminal la&s su*seuent to the initiation of a specificcriminal or civil la& enforcement investiation of a named person orpersons for the purpose of atherin evidence aainst such person orpersons

(iv) matches of ta information () pursuant to section +1'(d) of thenternal Revenue 6ode of 17+ () for purposes of ta administration asdefined in section +1'(*)() of such 6ode () for the purpose ofinterceptin a ta refund due an individual under authorit! ranted *!

section (e) + or 11'0 of the %ocial %ecurit! Act or (8) for thepurpose of interceptin a ta refund due an individual under an! other tarefund intercept proram authori#ed *! statute &hich has *een determined*! the Director of the 9ffice of :anaement and 3udet to containverification notice and hearin reuirements that are su*stantiall! similarto the procedures in section 11'0 of the %ocial %ecurit! Act

(v) matches--

() usin records predominantl! relatin to Federal personnel thatare performed for routine administrative purposes (su*4ect to

uidance provided *! the Director of the 9ffice of :anaementand 3udet pursuant to su*section (v)) or

() conducted *! an aenc! usin onl! records from s!stems ofrecords maintained *! that aenc!

if the purpose of the match is not to ta,e an! adverse financial personneldisciplinar! or other adverse action aainst Federal personnel or


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(vi) matches performed for forein counterintellience purposes or toproduce *ac,round chec,s for securit! clearances of Federal personnel orFederal contractor personnel

(vii) matches performed incident to a lev! descri*ed in section +1'(,)()of the nternal Revenue 6ode of 17+ or

(viii) matches performed pursuant to section 22()(') or 1+11(e)(1) of the%ocial %ecurit! Act (2 $.%.6. 2()(') 1'2(e)(1)

(7) the term "recipient aenc!" means an! aenc! or contractor thereof receivinrecords contained in a s!stem of records from a source aenc! for use in amatchin proram

(1) the term "non-Federal aenc!" means an! %tate or local overnment oraenc! thereof &hich receives records contained in a s!stem of records from asource aenc! for use in a matchin proram

(11) the term "source aenc!" means an! aenc! &hich discloses recordscontained in a s!stem of records to *e used in a matchin proram or an! %tate orlocal overnment or aenc! thereof &hich discloses records to *e used in amatchin proram

(12) the term "Federal *enefit proram" means an! proram administered orfunded *! the Federal ;overnment or *! an! aent or %tate on *ehalf of theFederal ;overnment providin cash or in-,ind assistance in the form ofpa!ments rants loans or loan uarantees to individuals and

(1') the term "Federal personnel" means officers and emplo!ees of the;overnment of the $nited %tates mem*ers of the uniformed services (includinmem*ers of the Reserve 6omponents) individuals entitled to receive immediateor deferred retirement *enefits under an! retirement proram of the ;overnmentof the $nited %tates (includin survivor *enefits).

(*) 6onditions of disclosure


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() to the 3ureau of the 6ensus for purposes of plannin or carr!in out a censusor surve! or related activit! pursuant to the provisions of /itle 1'

(5) to a recipient &ho has provided the aenc! &ith advance adeuate &rittenassurance that the record &ill *e used solel! as a statistical research or reportinrecord and the record is to *e transferred in a form that is not individuall!identifia*le

(+) to the ach aenc! &ith respect to each s!stem of records under its control shall--(1) ecept for disclosures made under su*sections (*)(1) or (*)(2) of this section,eep an accurate accountin of--

(A) the date nature and purpose of each disclosure of a record to an!person or to another aenc! made under su*section (*) of this section and

(3) the name and address of the person or aenc! to &hom the disclosureis made


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(2) retain the accountin made under pararaph (1) of this su*section for at leastfive !ears or the life of the record &hichever is loner after the disclosure for&hich the accountin is made

(') ecept for disclosures made under su*section (*)(0) of this section ma,e theaccountin made under pararaph (1) of this su*section availa*le to the individualnamed in the record at his reuest and

() inform an! person or other aenc! a*out an! correction or notation of disputemade *! the aenc! in accordance &ith su*section (d) of this section of an!record that has *een disclosed to the person or aenc! if an accountin of thedisclosure &as made.

(d) Access to records

>ach aenc! that maintains a s!stem of records shall--(1) upon reuest *! an! individual to ain access to his record or to an!information pertainin to him &hich is contained in the s!stem permit him andupon his reuest a person of his o&n choosin to accompan! him to revie& therecord and have a cop! made of all or an! portion thereof in a formcomprehensi*le to him ecept that the aenc! ma! reuire the individual tofurnish a &ritten statement authori#in discussion of that individual?s record in theaccompan!in person?s presence

(2) permit the individual to reuest amendment of a record pertainin to him and--

(A) not later than 1 da!s (ecludin %aturda!s %unda!s and leal pu*licholida!s) after the date of receipt of such reuest ac,no&lede in &ritinsuch receipt and

(3) promptl! either--

(i) ma,e an! correction of an! portion thereof &hich the individual*elieves is not accurate relevant timel! or complete or

(ii) inform the individual of its refusal to amend the record inaccordance &ith his reuest the reason for the refusal theprocedures esta*lished *! the aenc! for the individual to reuest arevie& of that refusal *! the head of the aenc! or an officerdesinated *! the head of the aenc! and the name and *usinessaddress of that official

(') permit the individual &ho disarees &ith the refusal of the aenc! to amendhis record to reuest a revie& of such refusal and not later than ' da!s(ecludin %aturda!s %unda!s and leal pu*lic holida!s) from the date on &hichthe individual reuests such revie& complete such revie& and ma,e a finaldetermination unless for ood cause sho&n the head of the aenc! etends such'-da! period and if after his revie& the revie&in official also refuses toamend the record in accordance &ith the reuest permit the individual to file &ith


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the aenc! a concise statement settin forth the reasons for his disareement &iththe refusal of the aenc! and notif! the individual of the provisions for 4udicialrevie& of the revie&in official?s determination under su*section ()(1)(A) of thissection

() in an! disclosure containin information a*out &hich the individual has fileda statement of disareement occurrin after the filin of the statement underpararaph (') of this su*section clearl! note an! portion of the record &hich isdisputed and provide copies of the statement and if the aenc! deems itappropriate copies of a concise statement of the reasons of the aenc! for notma,in the amendments reuested to persons or other aencies to &hom thedisputed record has *een disclosed and

(5) nothin in this section shall allo& an individual access to an! informationcompiled in reasona*le anticipation of a civil action or proceedin.

(e) Aenc! reuirements

>ach aenc! that maintains a s!stem of records shall--(1) maintain in its records onl! such information a*out an individual as is relevantand necessar! to accomplish a purpose of the aenc! reuired to *e accomplished*! statute or *! >ecutive order of the @resident

(2) collect information to the reatest etent practica*le directl! from the su*4ectindividual &hen the information ma! result in adverse determinations a*out anindividual?s rihts *enefits and privilees under Federal prorams

(') inform each individual &hom it as,s to suppl! information on the form &hichit uses to collect the information or on a separate form that can *e retained *! theindividual--

(A) the authorit! (&hether ranted *! statute or *! >ecutive order of the@resident) &hich authori#es the solicitation of the information and &hetherdisclosure of such information is mandator! or voluntar!

(3) the principal purpose or purposes for &hich the information isintended to *e used

(6) the routine uses &hich ma! *e made of the information as pu*lishedpursuant to pararaph ()(D) of this su*section and

(D) the effects on him if an! of not providin all or an! part of thereuested information

() su*4ect to the provisions of pararaph (11) of this su*section pu*lish in theFederal Reister upon esta*lishment or revision a notice of the eistence andcharacter of the s!stem of records &hich notice shall include--

(A) the name and location of the s!stem


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(3) the cateories of individuals on &hom records are maintained in thes!stem

(6) the cateories of records maintained in the s!stem

(D) each routine use of the records contained in the s!stem includin thecateories of users and the purpose of such use

(>) the policies and practices of the aenc! reardin storaeretrieva*ilit! access controls retention and disposal of the records

(F) the title and *usiness address of the aenc! official &ho is responsi*lefor the s!stem of records

(;) the aenc! procedures &here*! an individual can *e notified at hisreuest if the s!stem of records contains a record pertainin to him

(=) the aenc! procedures &here*! an individual can *e notified at hisreuest ho& he can ain access to an! record pertainin to him containedin the s!stem of records and ho& he can contest its content and

() the cateories of sources of records in the s!stem

(5) maintain all records &hich are used *! the aenc! in ma,in an!determination a*out an! individual &ith such accurac! relevance timeliness andcompleteness as is reasona*l! necessar! to assure fairness to the individual in thedetermination

(+) prior to disseminatin an! record a*out an individual to an! person other thanan aenc! unless the dissemination is made pursuant to su*section (*)(2) of thissection ma,e reasona*le efforts to assure that such records are accuratecomplete timel! and relevant for aenc! purposes

(0) maintain no record descri*in ho& an! individual eercises rihts uaranteed*! the First Amendment unless epressl! authori#ed *! statute or *! theindividual a*out &hom the record is maintained or unless pertinent to and &ithinthe scope of an authori#ed la& enforcement activit!

() ma,e reasona*le efforts to serve notice on an individual &hen an! record onsuch individual is made availa*le to an! person under compulsor! leal process&hen such process *ecomes a matter of pu*lic record

(7) esta*lish rules of conduct for persons involved in the desin developmentoperation or maintenance of an! s!stem of records or in maintainin an! recordand instruct each such person &ith respect to such rules and the reuirements ofthis section includin an! other rules and procedures adopted pursuant to thissection and the penalties for noncompliance


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(1) esta*lish appropriate administrative technical and ph!sical safeuards toinsure the securit! and confidentialit! of records and to protect aainst an!anticipated threats or ha#ards to their securit! or interit! &hich could result insu*stantial harm em*arrassment inconvenience or unfairness to an! individualon &hom information is maintained

(11) at least ' da!s prior to pu*lication of information under pararaph ()(D) ofthis su*section pu*lish in the Federal Reister notice of an! ne& use or intendeduse of the information in the s!stem and provide an opportunit! for interestedpersons to su*mit &ritten data vie&s or aruments to the aenc! and

(12) if such aenc! is a recipient aenc! or a source aenc! in a matchinproram &ith a non-Federal aenc! &ith respect to an! esta*lishment or revisionof a matchin proram at least ' da!s prior to conductin such proram pu*lishin the Federal Reister notice of such esta*lishment or revision.

(f) Aenc! rules

n order to carr! out the provisions of this section each aenc! that maintains a s!stem ofrecords shall promulate rules in accordance &ith the reuirements (includin eneralnotice) of section 55' of this title &hich shall--

(1) esta*lish procedures &here*! an individual can *e notified in response to hisreuest if an! s!stem of records named *! the individual contains a recordpertainin to him

(2) define reasona*le times places and reuirements for identif!in an individual&ho reuests his record or information pertainin to him *efore the aenc! shallma,e the record or information availa*le to the individual

(') esta*lish procedures for the disclosure to an individual upon his reuest of hisrecord or information pertainin to him includin special procedure if deemednecessar! for the disclosure to an individual of medical records includinps!choloical records pertainin to him

() esta*lish procedures for revie&in a reuest from an individual concernin theamendment of an! record or information pertainin to the individual for ma,ina determination on the reuest for an appeal &ithin the aenc! of an initialadverse aenc! determination and for &hatever additional means ma! *enecessar! for each individual to *e a*le to eercise full! his rihts under thissection and

(5) esta*lish fees to *e chared if an! to an! individual for ma,in copies of hisrecord ecludin the cost of an! search for and revie& of the record.

/he 9ffice of the Federal Reister shall *ienniall! compile and pu*lish the rulespromulated under this su*section and aenc! notices pu*lished under su*section (e)()of this section in a form availa*le to the pu*lic at lo& cost.

()(1) 6ivil remedies


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henever an! aenc!(A) ma,es a determination under su*section (d)(') of this section not toamend an individual?s record in accordance &ith his reuest or fails toma,e such revie& in conformit! &ith that su*section

(3) refuses to compl! &ith an individual reuest under su*section (d)(1)of this section

(6) fails to maintain an! record concernin an! individual &ith suchaccurac! relevance timeliness and completeness as is necessar! to assurefairness in an! determination relatin to the ualifications characterrihts or opportunities of or *enefits to the individual that ma! *e madeon the *asis of such record and conseuentl! a determination is made&hich is adverse to the individual or

(D) fails to compl! &ith an! other provision of this section or an! rulepromulated thereunder in such a &a! as to have an adverse effect on anindividual the individual ma! *rin a civil action aainst the aenc! andthe district courts of the $nited %tates shall have 4urisdiction in the mattersunder the provisions of this su*section.

(2)(A) n an! suit *rouht under the provisions of su*section ()(1)(A) of thissection the court ma! order the aenc! to amend the individual?s record inaccordance &ith his reuest or in such other &a! as the court ma! direct. n such acase the court shall determine the matter de novo.

(3) /he court ma! assess aainst the $nited %tates reasona*le attorne!fees and other litiation costs reasona*l! incurred in an! case under thispararaph in &hich the complainant has su*stantiall! prevailed.

(')(A) n an! suit *rouht under the provisions of su*section ()(1)(3) of this

section the court ma! en4oin the aenc! from &ithholdin the records and orderthe production to the complainant of an! aenc! records improperl! &ithheldfrom him. n such a case the court shall determine the matter de novo and ma!eamine the contents of an! aenc! records in camera to determine &hether therecords or an! portion thereof ma! *e &ithheld under an! of the eemptions setforth in su*section (,) of this section and the *urden is on the aenc! to sustainits action.

(3) /he court ma! assess aainst the $nited %tates reasona*le attorne!fees and other litiation costs reasona*l! incurred in an! case under thispararaph in &hich the complainant has su*stantiall! prevailed.

() n an! suit *rouht under the provisions of su*section ()(1)(6) or (D) of this

section in &hich the court determines that the aenc! acted in a manner &hich&as intentional or &illful the $nited %tates shall *e lia*le to the individual in anamount eual to the sum of--

(A) actual damaes sustained *! the individual as a result of the refusal orfailure *ut in no case shall a person entitled to recover! receive less thanthe sum of B1 and


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(3) the costs of the action toether &ith reasona*le attorne! fees asdetermined *! the court.

(5) An action to enforce an! lia*ilit! created under this section ma! *e *rouht inthe district court of the $nited %tates in the district in &hich the complainantresides or has his principal place of *usiness or in &hich the aenc! records aresituated or in the District of 6olum*ia &ithout reard to the amount incontrovers! &ithin t&o !ears from the date on &hich the cause of action arisesecept that &here an aenc! has materiall! and &illfull! misrepresented an!information reuired under this section to *e disclosed to an individual and theinformation so misrepresented is material to esta*lishment of the lia*ilit! of theaenc! to the individual under this section the action ma! *e *rouht at an! time&ithin t&o !ears after discover! *! the individual of the misrepresentation.


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(2) maintained *! an aenc! or component thereof &hich performs as its principalfunction an! activit! pertainin to the enforcement of criminal la&s includinpolice efforts to prevent control or reduce crime or to apprehend criminals andthe activities of prosecutors courts correctional pro*ation pardon or paroleauthorities and &hich consists of (A) information compiled for the purpose ofidentif!in individual criminal offenders and alleed offenders and consistinonl! of identif!in data and notations of arrests the nature and disposition ofcriminal chares sentencin confinement release and parole and pro*ationstatus (3) information compiled for the purpose of a criminal investiationincludin reports of informants and investiators and associated &ith anidentifia*le individual or (6) reports identifia*le to an individual compiled at an!stae of the process of enforcement of the criminal la&s from arrest or indictmentthrouh release from supervision.

At the time rules are adopted under this su*section the aenc! shall include in thestatement reuired under section 55'(c) of this title the reasons &h! the s!stem ofrecords is to *e eempted from a provision of this section.

(,) %pecific eemptions

/he head of an! aenc! ma! promulate rules in accordance &ith the reuirements(includin eneral notice) of sections 55'(*)(1) (2) and (') (c) and (e) of this title toeempt an! s!stem of records &ithin the aenc! from su*sections (c)(') (d) (e)(1) (e)()(;) (=) and () and (f) of this section if the s!stem of records is--

(1) su*4ect to the provisions of section 552(*)(1) of this title

(2) investiator! material compiled for la& enforcement purposes other thanmaterial &ithin the scope of su*section (4)(2) of this sectionC @rovided ho&ever/hat if an! individual is denied an! riht privilee or *enefit that he &ouldother&ise *e entitled *! Federal la& or for &hich he &ould other&ise *e elii*le

as a result of the maintenance of such material such material shall *e provided tosuch individual ecept to the etent that the disclosure of such material &ouldreveal the identit! of a source &ho furnished information to the ;overnmentunder an epress promise that the identit! of the source &ould *e held inconfidence or prior to the effective date of this section under an implied promisethat the identit! of the source &ould *e held in confidence

(') maintained in connection &ith providin protective services to the @resident ofthe $nited %tates or other individuals pursuant to section '5+ of /itle 1

() reuired *! statute to *e maintained and used solel! as statistical records

(5) investiator! material compiled solel! for the purpose of determininsuita*ilit! elii*ilit! or ualifications for Federal civilian emplo!ment militar!service Federal contracts or access to classified information *ut onl! to theetent that the disclosure of such material &ould reveal the identit! of a source&ho furnished information to the ;overnment under an epress promise that theidentit! of the source &ould *e held in confidence or prior to the effective date


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of this section under an implied promise that the identit! of the source &ould *eheld in confidence

(+) testin or eamination material used solel! to determine individualualifications for appointment or promotion in the Federal service the disclosureof &hich &ould compromise the o*4ectivit! or fairness of the testin oreamination process or

(0) evaluation material used to determine potential for promotion in the armedservices *ut onl! to the etent that the disclosure of such material &ould revealthe identit! of a source &ho furnished information to the ;overnment under anepress promise that the identit! of the source &ould *e held in confidence orprior to the effective date of this section under an implied promise that theidentit! of the source &ould *e held in confidence.

At the time rules are adopted under this su*section the aenc! shall include in thestatement reuired under section 55'(c) of this title the reasons &h! the s!stem ofrecords is to *e eempted from a provision of this section.

(1) Archival records

(1) >ach aenc! record &hich is accepted *! the Archivist of the $nited %tates forstorae processin and servicin in accordance &ith section '1' of /itle shall for the purposes of this section *e considered to *e maintained *! theaenc! &hich deposited the record and shall *e su*4ect to the provisions of thissection. /he Archivist of the $nited %tates shall not disclose the record ecept tothe aenc! &hich maintains the record or under rules esta*lished *! that aenc!&hich are not inconsistent &ith the provisions of this section.

(2) >ach aenc! record pertainin to an identifia*le individual &hich &astransferred to the


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(1) hen an aenc! provides *! a contract for the operation *! or on *ehalf of theaenc! of a s!stem of records to accomplish an aenc! function the aenc! shallconsistent &ith its authorit! cause the reuirements of this section to *e appliedto such s!stem. For purposes of su*section (i) of this section an! such contractorand an! emplo!ee of such contractor if such contract is areed to on or after theeffective date of this section shall *e considered to *e an emplo!ee of an aenc!.

(2) A consumer reportin aenc! to &hich a record is disclosed under section'011(e) of /itle '1 shall not *e considered a contractor for the purposes of thissection.

(n) :ailin lists

An individual?s name and address ma! not *e sold or rented *! an aenc! unless suchaction is specificall! authori#ed *! la&. /his provision shall not *e construed to reuirethe &ithholdin of names and addresses other&ise permitted to *e made pu*lic.

(o) :atchin areements -- (1) ) procedures for verif!in information produced in such matchinproram as reuired *! su*section (p)


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(F) procedures for the retention and timel! destruction of identifia*lerecords created *! a recipient aenc! or non-Federal aenc! in suchmatchin proram

(;) procedures for ensurin the administrative technical and ph!sicalsecurit! of the records matched and the results of such prorams

(=) prohi*itions on duplication and redisclosure of records provided *!the source aenc! &ithin or outside the recipient aenc! or the non-Federal aenc! ecept &here reuired *! la& or essential to the conductof the matchin proram

() procedures overnin the use *! a recipient aenc! or non-Federalaenc! of records provided in a matchin proram *! a source aenc!includin procedures overnin return of the records to the source aenc!or destruction of records used in such proram

() information on assessments that have *een made on the accurac! of therecords that &ill *e used in such matchin proram and

(E) that the 6omptroller ;eneral ma! have access to all records of arecipient aenc! or a non-Federal aenc! that the 6omptroller ;eneraldeems necessar! in order to monitor or verif! compliance &ith theareement.

(2)(A) A cop! of each areement entered into pursuant to pararaph (1) shall--(i) *e transmitted to the 6ommittee on ;overnmental Affairs of the%enate and the 6ommittee on ;overnment 9perations of the=ouse of Representatives and

(ii) *e availa*le upon reuest to the pu*lic.

(3)


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(ii) each part! to the areement certifies to the 3oard in &ritinthat the proram has *een conducted in compliance &ith theareement.

(p) 8erification and 9pportunit! to 6ontest Findins

(1) n order to protect an! individual &hose records are used in a matchinproram no recipient aenc! non-Federal aenc! or source aenc! ma!suspend terminate reduce or ma,e a final denial of an! financial assistance orpa!ment under a Federal *enefit proram to such individual or ta,e other adverseaction aainst such individual as a result of information produced *! suchmatchin proram until--

(A)(i) the aenc! has independentl! verified the information or(ii) the Data nterit! 3oard of the aenc! or in the case of a non-Federal aenc! the Data nterit! 3oard of the source aenc!determines in accordance &ith uidance issued *! the Director ofthe 9ffice of :anaement and 3udet that--

() the information is limited to identification and amountof *enefits paid *! the source aenc! under a Federal*enefit proram and

() there is a hih deree of confidence that theinformation provided to the recipient aenc! is accurate

(3) the individual receives a notice from the aenc! containin astatement of its findins and informin the individual of the opportunit! tocontest such findins and

(6)(i) the epiration of an! time period esta*lished for the proram *!statute or reulation for the individual to respond to that notice or

(ii) in the case of a proram for &hich no such period isesta*lished the end of the '-da! period *einnin on the date on&hich notice under su*pararaph (3) is mailed or other&iseprovided to the individual.

(2) ndependent verification referred to in pararaph (1) reuires investiation andconfirmation of specific information relatin to an individual that is used as a*asis for an adverse action aainst the individual includin &here applica*leinvestiation and confirmation of--

(A) the amount of an! asset or income involved

(3) &hether such individual actuall! has or had access to such asset orincome for such individual?s o&n use and

(6) the period or periods &hen the individual actuall! had such asset orincome.


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(')


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(1) >ver! aenc! conductin or participatin in a matchin proram shallesta*lish a Data nterit! 3oard to oversee and coordinate amon the variouscomponents of such aenc! the aenc!?s implementation of this section.

(2) >ach Data nterit! 3oard shall consist of senior officials desinated *! thehead of the aenc! and shall include an! senior official desinated *! the head ofthe aenc! as responsi*le for implementation of this section and the inspectoreneral of the aenc! if an!. /he inspector eneral shall not serve as chairman ofthe Data nterit! 3oard.

(') >ach Data nterit! 3oard--

(A) shall revie& approve and maintain all &ritten areements for receiptor disclosure of aenc! records for matchin prorams to ensurecompliance &ith su*section (o) and all relevant statutes reulations anduidelines

(3) shall revie& all matchin prorams in &hich the aenc! hasparticipated durin the !ear either as a source aenc! or recipient aenc!determine compliance &ith applica*le la&s reulations uidelines andaenc! areements and assess the costs and *enefits of such prorams

(6) shall revie& all recurrin matchin prorams in &hich the aenc! hasparticipated durin the !ear either as a source aenc! or recipient aenc!for continued 4ustification for such disclosures

(D) shall compile an annual report &hich shall *e su*mitted to the head ofthe aenc! and the 9ffice of :anaement and 3udet and made availa*leto the pu*lic on reuest descri*in the matchin activities of the aenc!includin--

(i) matchin prorams in &hich the aenc! has participated as asource aenc! or recipient aenc!

(ii) matchin areements proposed under su*section (o) that &eredisapproved *! the 3oard

(iii) an! chanes in mem*ership or structure of the 3oard in theprecedin !ear

(iv) the reasons for an! &aiver of the reuirement in pararaph ()

of this section for completion and su*mission of a cost-*enefitanal!sis prior to the approval of a matchin proram

(v) an! violations of matchin areements that have *een alleedor identified and an! corrective action ta,en and

(vi) an! other information reuired *! the Director of the 9ffice of:anaement and 3udet to *e included in such report


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(>) shall serve as a clearinhouse for receivin and providin informationon the accurac! completeness and relia*ilit! of records used in matchinprorams

(F) shall provide interpretation and uidance to aenc! components andpersonnel on the reuirements of this section for matchin prorams

(;) shall revie& aenc! record,eepin and disposal policies and practicesfor matchin prorams to assure compliance &ith this section and

(=) ma! revie& and report on an! aenc! matchin activities that are notmatchin prorams.

()(A) >cept as provided in su*pararaphs (3) and (6) a Data nterit! 3oardshall not approve an! &ritten areement for a matchin proram unless theaenc! has completed and su*mitted to such 3oard a cost-*enefit anal!sis of theproposed proram and such anal!sis demonstrates that the proram is li,el! to *ecost effective.

(3) /he 3oard ma! &aive the reuirements of su*pararaph (A) of thispararaph if it determines in &ritin in accordance &ith uidelinesprescri*ed *! the Director of the 9ffice of :anaement and 3udet that acost-*enefit anal!sis is not reuired.

(6) A cost-*enefit anal!sis shall not *e reuired under su*pararaph (A)prior to the initial approval of a &ritten areement for a matchin proramthat is specificall! reuired *! statute. An! su*seuent &ritten areementfor such a proram shall not *e approved *! the Data nterit! 3oardunless the aenc! has su*mitted a cost-*enefit anal!sis of the proram asconducted under the precedin approval of such areement.

(5)(A) f a matchin areement is disapproved *! a Data nterit! 3oard an!part! to such areement ma! appeal the disapproval to the Director of the 9fficeof :anaement and 3udet. /imel! notice of the filin of such an appeal shall *eprovided *! the Director of the 9ffice of :anaement and 3udet to the6ommittee on ;overnmental Affairs of the %enate and the 6ommittee on;overnment 9perations of the =ouse of Representatives.

(3) /he Director of the 9ffice of :anaement and 3udet ma! approve amatchin areement not&ithstandin the disapproval of a Data nterit!3oard if the Director determines that--

(i) the matchin proram &ill *e consistent &ith all applica*leleal reulator! and polic! reuirements

(ii) there is adeuate evidence that the matchin areement &ill *ecost- effective and

(iii) the matchin proram is in the pu*lic interest.


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(6) /he decision of the Director to approve a matchin areement shallnot ta,e effect until ' da!s after it is reported to committees descri*ed insu*pararaph (A).

(D) f the Data nterit! 3oard and the Director of the 9ffice of:anaement and 3udet disapprove a matchin proram proposed *! theinspector eneral of an aenc! the inspector eneral ma! report thedisapproval to the head of the aenc! and to the 6onress.

(+) /he Director of the 9ffice of :anaement and 3udet shall annuall! durinthe first ' !ears after the date of enactment of this su*section and *ienniall!thereafter consolidate in a report to the 6onress the information contained in thereports from the various Data nterit! 3oards under pararaph (')(D). %uchreport shall include detailed information a*out costs and *enefits of matchinprorams that are conducted durin the period covered *! such consolidatedreport and shall identif! each &aiver ranted *! a Data nterit! 3oard of thereuirement for completion and su*mission of a cost-*enefit anal!sis and thereasons for rantin the &aiver.

(0) n the reports reuired *! pararaphs (')(D) and (+) aenc! matchinactivities that are not matchin prorams ma! *e reported on an areate *asisif and to the etent necessar! to protect onoin la& enforcement orcounterintellience investiations.

(v) 9ffice of :anaement and 3udet Responsi*ilities/he Director of the 9ffice of :anaement and 3udet shall--

(1) develop and after notice and opportunit! for pu*lic comment prescri*euidelines and reulations for the use of aencies in implementin the provisionsof this section and

(2) provide continuin assistance to and oversiht of the implementation of thissection *! aencies.

The followi! "e#$io o%i!iall& wa" 'a%$ of $he P%i(a#& A#$ )*$ wa" o$ #o+ifie+, i$

-a& )e fo*+ a$ 552a o$e/.

%ec. 0(a) (1) t shall *e unla&ful for an! Federal %tate or local overnmentaenc! to den! to an! individual an! riht *enefit or privilee provided *! la&*ecause of such individual?s refusal to disclose his social securit! accountnum*er.

(2) the provisions of pararaph (1) of this su*section shall not appl! &ith

respect to--(A) an! disclosure &hich is reuired *! Federal statute or

(3) an! disclosure of a social securit! num*er to an! Federal%tate or local aenc! maintainin a s!stem of records in eistenceand operatin *efore anuar! 1 1705 if such disclosure &asreuired under statute or reulation adopted prior to such date toverif! the identit! of an individual.


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(*) An! Federal %tate or local overnment aenc! &hich reuests an individualto disclose his social securit! account num*er shall inform that individual &hetherthat disclosure is mandator! or voluntar! *! &hat statutor! or other authorit!such num*er is solicited and &hat uses &ill *e made of it.

The followi! "e#$io" o%i!iall& we%e 'a%$ of P.0. 153 $he Co-'*$e% a$#hi!

a+ P%i(a#& P%o$e#$io A#$ of 1966, $he& -a& )e fo*+ a$ 552a o$e/.

%ec. + Functions of the Director of the 9ffice of :anaement and 3udet.(*) mplementation ;uidance for Amendments -- /he Director shallpursuant to section 552a(v) of /itle 5 $nited %tates 6ode developuidelines and reulations for the use of aencies in implementin theamendments made *! this Act not later than months after the date ofenactment of this Act.

%ec. 7 Rules of 6onstruction.

Documents

Privacy Act of 1974