5 U.S.C. § 552a : US Code - Section 552A: Records maintained on individuals

Search 5 U.S.C. § 552a : US Code - Section 552A: Records maintained on individuals

      (a) Definitions. - For purposes of this section - 
        (1) the term "agency" means agency as defined in section 552(e)
      (!1) of this title;

        (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 404(e), 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;
            (vii) matches performed incident to a levy described in
          section 6103(k)(8) of the Internal Revenue Code of 1986;
            (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)); or
            (ix) matches performed by the Secretary of Health and Human
          Services or the Inspector General of the Department of Health
          and Human Services with respect to potential fraud, waste,
          and abuse, including matches of a system of records with non-
          Federal records;

        (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 Government Accountability Office;
        (11) pursuant to the order of a court of competent
      jurisdiction; or
        (12) to a consumer reporting agency in accordance with section
      3711(e) 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)(1) 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(e) 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.(!2)

      (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.
      (w) Applicability to Bureau of Consumer Financial Protection. -
    Except as provided in the Consumer Financial Protection Act of
    2010, this section shall apply with respect to the Bureau of
    Consumer Financial Protection.