From the U.S. Code Online via GPO Access

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\[Laws in effect as of January 16, 1996\]

\[Document affected by Public Law 104-193 Section 110(w)\]

\[Document affected by Public Law 104-316 Section 115(g)(2)(B)\]

\[CITE: 5USC552a\]

 

TITLE 5\--GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I\--THE AGENCIES GENERALLY

CHAPTER 5\--ADMINISTRATIVE PROCEDURE

SUBCHAPTER II\--ADMINISTRATIVE PROCEDURE

Sec. 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;

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\1\\ See References in Text note below.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\(2\) 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;

\(9\) 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]{.mark}

[information is intended to be used]{.mark};

\(C\) 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.\\2\\

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\\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.

\(6\) The Director of the Office of Management and Budget shall,

annually during the first 3 years after the date of enactment of this

subsection and biennially thereafter, consolidate in a report to the

Congress the information contained in the reports from the various Data

Integrity Boards under paragraph (3)(D). Such report shall include

detailed information about costs and benefits of matching programs that

are conducted during the period covered by such consolidated report, and

shall identify each waiver granted by a Data Integrity Board of the

requirement for completion and submission of a cost-benefit analysis and

the reasons for granting the waiver.

\(7\) In the reports required by paragraphs (3)(D) and (6), agency

matching activities that are not matching programs may be reported on an

aggregate basis, if and to the extent necessary to protect ongoing law

enforcement or counterintelligence investigations.

\(v\) Office of Management and Budget Responsibilities.\--The Director

of the Office of Management and Budget shall\--

\(1\) 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.

(Added Pub. L. 93-579, Sec. 3, Dec. 31, 1974, 88 Stat. 1897; amended

Pub. L. 94-183, Sec. 2(2), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 97-365,

Sec. 2, Oct. 25, 1982, 96 Stat. 1749; Pub. L. 97-375, title II,

Sec. 201(a), (b), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 97-452,

Sec. 2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-477, Sec. 2(c),

Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98-497, title I, Sec. 107(g), Oct.

19, 1984, 98 Stat. 2292; Pub. L. 100-503, Secs. 2-6(a), 7, 8, Oct. 18,

1988, 102 Stat. 2507-2514; Pub. L. 101-508, title VII, Sec. 7201(b)(1),

Nov. 5, 1990, 104 Stat. 1388-334; Pub. L. 103-66, title XIII,

Sec. 13581(c), Aug. 10, 1993, 107 Stat. 611.)

References in Text

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.

Section 6103 of the Internal Revenue Code of 1986, referred to in

subsec. (a)(8)(B)(iv), (vii), is classified to section 6103 of Title 26,

Internal Revenue Code.

Sections 464, 1137, and 1144 of the Social Security Act, referred to

in subsec. (a)(8)(B)(iv), (vii), are classified to sections 664, 1320b-

7, and 1320b-14, respectively, of Title 42, The Public Health and

Welfare.

For effective date of this section, referred to in subsecs. (k)(2),

(5), (7), (l)(2), (3), and (m), see Effective Date note below.

Section 6 of the Privacy Act of 1974, referred to in subsec. (s)(1),

is section 6 of Pub. L. 93-579, which was set out below and was repealed

by section 6(c) of Pub. L. 100-503.

For classification of the Privacy Act of 1974, referred to in

subsec. (s)(4), see Short Title note below.

The date of enactment of this subsection, referred to in subsec.

(u)(6), is the date of enactment of Pub. L. 100-503 which enacted

subsec. (u) of this section, and which was approved Oct. 18, 1988.

Codification

Section 552a of former Title 5, Executive Departments and Government

Officers and Employees, was transferred to section 2244 of Title 7,

Agriculture.

Amendments

1993\--Subsec. (a)(8)(B)(vii). Pub. L. 103-66 added cl. (vii).

1990\--Subsec. (p). Pub. L. 101-508 amended subsec. (p) generally,

restating former pars. (1) and (3) as par. (1), adding provisions

relating to Data Integrity Boards, and restating former pars. (2) and

\(4\) as (2) and (3), respectively.

1988\--Subsec. (a)(8) to (13). Pub. L. 100-503, Sec. 5, added pars.

\(8\) to (13).

Subsec. (e)(12). Pub. L. 100-503, Sec. 3(a), added par. (12).

Subsec. (f). Pub. L. 100-503, Sec. 7, substituted \`\`biennially\'\' for

\`\`annually\'\' in last sentence.

Subsecs. (o) to (q). Pub. L. 100-503, Sec. 2(2), added subsecs. (o)

to (q). Former subsecs. (o) to (q) redesignated (r) to (t),

respectively.

Subsec. (r). Pub. L. 100-503, Sec. 3(b), inserted \`\`and matching

programs\'\' in heading and amended text generally. Prior to amendment,

text read as follows: \`\`Each agency shall provide adequate advance

notice to Congress and the Office of Management and Budget of any

proposal to establish or alter any system of records in order to permit

an evaluation of the probable or potential effect of such proposal on

the privacy and other personal or property rights of individuals or the

disclosure of information relating to such individuals, and its effect

on the preservation of the constitutional principles of federalism and

separation of powers.\'\'

Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (o) as (r).

Subsec. (s). Pub. L. 100-503, Sec. 8, substituted \`\`Biennial\'\' for

\`\`Annual\'\' in heading, \`\`biennially submit\'\' for \`\`annually
submit\'\' in

introductory provisions, \`\`preceding 2 years\'\' for \`\`preceding
year\'\' in

par. (1), and \`\`such years\'\' for \`\`such year\'\' in par. (2).

Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (p) as (s).

Subsec. (t). Pub. L. 100-503, Sec. 2(1), redesignated former subsec.

\(q\) as (t).

Subsec. (u). Pub. L. 100-503, Sec. 4, added subsec. (u).

Subsec. (v). Pub. L. 100-503, Sec. 6(a), added subsec. (v).

1984\--Subsec. (b)(6). Pub. L. 98-497, Sec. 107(g)(1), substituted

\`\`National Archives and Records Administration\'\' for \`\`National
Archives

of the United States\'\', and \`\`Archivist of the United States or the

designee of the Archivist\'\' for \`\`Administrator of General Services
or

his designee\'\'.

Subsec. (l)(1). Pub. L. 98-497, Sec. 107(g)(2), substituted

\`\`Archivist of the United States\'\' for \`\`Administrator of General

Services\'\' in two places.

Subsec. (q). Pub. L. 98-477 designated existing provisions as par.

\(1\) and added par. (2).

1983\--Subsec. (b)(12). Pub. L. 97-452 substituted \`\`section 3711(f)

of title 31\'\' for \`\`section 3(d) of the Federal Claims Collection
Act of

1966 (31 U.S.C. 952(d))\'\'.

Subsec. (m)(2). Pub. L. 97-452 substituted \`\`section 3711(f) of

title 31\'\' for \`\`section 3(d) of the Federal Claims Collection Act
of

1966 (31 U.S.C. 952(d))\'\'.

1982\--Subsec. (b)(12). Pub. L. 97-365, Sec. 2(a), added par. (12).

Subsec. (e)(4). Pub. L. 97-375, Sec. 201(a), substituted \`\`upon

establishment or revision\'\' for \`\`at least annually\'\' after
\`\`Federal

Register\'\'.

Subsec. (m). Pub. L. 97-365, Sec. 2(b), designated existing

provisions as par. (1) and added par. (2).

Subsec. (p). Pub. L. 97-375, Sec. 201(b), substituted provisions

requiring annual submission of a report by the President to the Speaker

of the House and President pro tempore of the Senate relating to the

Director of the Office of Management and Budget, individual rights of

access, changes or additions to systems of records, and other necessary

or useful information, for provisions which had directed the President

to submit to the Speaker of the House and the President of the Senate,

by June 30 of each calendar year, a consolidated report, separately

listing for each Federal agency the number of records contained in any

system of records which were exempted from the application of this

section under the provisions of subsections (j) and (k) of this section

during the preceding calendar year, and the reasons for the exemptions,

and such other information as indicate efforts to administer fully this

section.

1975\--Subsec. (g)(5). Pub. L. 94-183 substituted \`\`to September 27,

1975\'\' for \`\`to the effective date of this section\'\'.

Change of Name

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and Oversight of

House of Representatives by section 1(a) of Pub. L. 104-14, set out as a

note under section 21 of Title 2, The Congress.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103-66 effective Jan. 1, 1994, see section

13581(d) of Pub. L. 103-66, set out as an Effective Date note under

section 1320b-14 of Title 42, The Public Health and Welfare.

Effective Date of 1988 Amendment

Section 10 of Pub. L. 100-503, as amended by Pub. L. 101-56, Sec. 2,

July 19, 1989, 103 Stat. 149, provided that:

\`\`(a) In General.\--Except as provided in subsections (b) and (c),

the amendments made by this Act \[amending this section and repealing

provisions set out as a note below\] shall take effect 9 months after
the

date of enactment of this Act \[Oct. 18, 1988\].

\`\`(b) Exceptions.\--The amendment made by sections 3(b), 6, 7, and 8

of this Act \[amending this section and repealing provisions set out as
a

note below\] shall take effect upon enactment.

\`\`(c) Effective Date Delayed for Existing Programs.\--In the case of

any matching program (as defined in section 552a(a)(8) of title 5,

United States Code, as added by section 5 of this Act) in operation

before June 1, 1989, the amendments made by this Act (other than the

amendments described in subsection (b)) shall take effect January 1,

1990, if\--

\`\`(1) such matching program is identified by an agency as being

in operation before June 1, 1989; and

\`\`(2) such identification is\--

\`\`(A) submitted by the agency to the Committee on

Governmental Affairs of the Senate, the Committee on Government

Operations of the House of Representatives, and the Office of

Management and Budget before August 1, 1989, in a report which

contains a schedule showing the dates on which the agency

expects to have such matching program in compliance with the

amendments made by this Act, and

\`\`(B) published by the Office of Management and Budget in

the Federal Register, before September 15, 1989.\'\'

Effective Date of 1984 Amendment

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301

of Pub. L. 98-497, set out as a note under section 2102 of Title 44,

Public Printing and Documents.

Effective Date

Section 8 of Pub. L. 93-579 provided that: \`\`The provisions of this

Act \[enacting this section and provisions set out as notes under this

section\] shall be effective on and after the date of enactment \[Dec.
31,

1974\], except that the amendments made by sections 3 and 4 \[enacting

this section and amending analysis preceding section 500 of this title\]

shall become effective 270 days following the day on which this Act is

enacted.\'\'

Short Title of 1990 Amendment

Section 7201(a) of Pub. L. 101-508 provided that: \`\`This section

\[amending this section and enacting provisions set out as notes below\]

may be cited as the \`Computer Matching and Privacy Protection
Amendments

of 1990\'.\'\'

Short Title of 1989 Amendment

Pub. L. 101-56, Sec. 1, July 19, 1989, 103 Stat. 149, provided that:

\`\`This Act \[amending section 10 of Pub. L. 100-503, set out as a note

above\] may be cited as the \`Computer Matching and Privacy Protection
Act

Amendments of 1989\'.\'\'

Short Title of 1988 Amendment

Section 1 of Pub. L. 100-503 provided that: \`\`This Act \[amending

this section, enacting provisions set out as notes above and below, and

repealing provisions set out as a note below\] may be cited as the

\`Computer Matching and Privacy Protection Act of 1988\'.\'\'

Short Title

Section 1 of Pub. L. 93-579 provided: \`\`That this Act \[enacting this

section and provisions set out as notes under this section\] may be
cited

as the \`Privacy Act of 1974\'.\'\'

Delegation of Functions

Functions of Director of Office of Management and Budget under this

section delegated to Administrator for Office of Information and

Regulatory Affairs by section 3 of Pub. L. 96-511, Dec. 11, 1980, 94

Stat. 2825, set out as a note under section 3503 of Title 44, Public

Printing and Documents.

Publication of Guidance Under Subsection (p)(1)(A)(ii)

Section 7201(b)(2) of Pub. L. 101-508 provided that: \`\`Not later

than 90 days after the date of the enactment of this Act \[Nov. 5,
1990\],

the Director of the Office of Management and Budget shall publish

guidance under subsection (p)(1)(A)(ii) of section 552a of title 5,

United States Code, as amended by this Act.\'\'

Limitation on Application of Verification Requirement

Section 7201(c) of Pub. L. 101-508 provided that: \`\`Section

552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by

section 2 \[probably means section 7201(b)(1) of Pub. L. 101-508\],
shall

not apply to a program referred to in paragraph (1), (2), or (4) of

section 1137(b) of the Social Security Act (42 U.S.C. 1320b-7), until

the earlier of\--

\`\`(1) the date on which the Data Integrity Board of the Federal

agency which administers that program determines that there is not a

high degree of confidence that information provided by that agency

under Federal matching programs is accurate; or

\`\`(2) 30 days after the date of publication of guidance under

section 2(b) \[probably means section 7201(b)(2) of Pub. L. 101-508,

set out as a note above\].\'\'

Effective Date Delayed for Certain Education Benefits Computer Matching

Programs

Pub. L. 101-366, title II, Sec. 206(d), Aug. 15, 1990, 104 Stat.

442, provided that:

\`\`(1) In the case of computer matching programs between the

Department of Veterans Affairs and the Department of Defense in the

administration of education benefits programs under chapters 30 and 32

of title 38 and chapter 106 of title 10, United States Code, the

amendments made to section 552a of title 5, United States Code, by the

Computer Matching and Privacy Protection Act of 1988 \[Pub. L. 100-503\]

(other than the amendments made by section 10(b) of that Act) \[see

Effective Date of 1988 Amendment note above\] shall take effect on

October 1, 1990.

\`\`(2) For purposes of this subsection, the term \`matching program\'

has the same meaning provided in section 552a(a)(8) of title 5, United

States Code.\'\'

Implementation Guidance for 1988 Amendments

Section 6(b) of Pub. L. 100-503 provided that: \`\`The Director shall,

pursuant to section 552a(v) of title 5, United States Code, develop

guidelines and regulations for the use of agencies in implementing the

amendments made by this Act \[amending this section and repealing

provisions set out as a note below\] not later than 8 months after the

date of enactment of this Act \[Oct. 18, 1988\].\'\'

Construction of 1988 Amendments

Section 9 of Pub. L. 100-503 provided that: \`\`Nothing in the

amendments made by this Act \[amending this section and repealing

provisions set out as a note below\] shall be construed to authorize\--

\`\`(1) the establishment or maintenance by any agency of a

national data bank that combines, merges, or links information on

individuals maintained in systems of records by other Federal

agencies;

\`\`(2) the direct linking of computerized systems of records

maintained by Federal agencies;

\`\`(3) the computer matching of records not otherwise authorized

by law; or

\`\`(4) the disclosure of records for computer matching except to

a Federal, State, or local agency.\'\'

Congressional Findings and Statement of Purpose

Section 2 of Pub. L. 93-579 provided that:

\`\`(a) The Congress finds that\--

\`\`(1) the privacy of an individual is directly affected by the

collection, maintenance, use, and dissemination of personal

information by Federal agencies;

\`\`(2) the increasing use of computers and sophisticated

information technology, while essential to the efficient operations

of the Government, has greatly magnified the harm to individual

privacy that can occur from any collection, maintenance, use, or

dissemination of personal information;

\`\`(3) the opportunities for an individual to secure employment,

insurance, and credit, and his right to due process, and other legal

protections are endangered by the misuse of certain information

systems;

\`\`(4) the right to privacy is a personal and fundamental right

protected by the Constitution of the United States; and

\`\`(5) in order to protect the privacy of individuals identified

in information systems maintained by Federal agencies, it is

necessary and proper for the Congress to regulate the collection,

maintenance, use, and dissemination of information by such agencies.

\`\`(b) The purpose of this Act \[enacting this section and provisions

set out as notes under this section\] is to provide certain safeguards

for an individual against an invasion of personal privacy by requiring

Federal agencies, except as otherwise provided by law, to\--

\`\`(1) permit an individual to determine what records pertaining

to him are collected, maintained, used, or disseminated by such

agencies;

\`\`(2) [permit an individual to prevent records pertaining to
him]{.mark}

[obtained by such agencies for a particular purpose from being
used]{.mark}

[or made available for another purpose without his consent;]{.mark}

\`\`(3) permit an individual to gain access to information

pertaining to him in Federal agency records, to have a copy made of

all or any portion thereof, and to correct or amend such records;

\`\`(4) collect, maintain, use, or disseminate any record of

identifiable personal information in a manner that assures that such

action is for a necessary and lawful purpose, that the information

is current and accurate for its intended use, and that adequate

safeguards are provided to prevent misuse of such information;

\`\`(5) permit exemptions from the requirements with respect to

records provided in this Act only in those cases where there is an

important public policy need for such exemption as has been

determined by specific statutory authority; and

\`\`(6) be subject to civil suit for any damages which occur as a

result of willful or intentional action which violates any

individual\'s rights under this Act.\'\'

Privacy Protection Study Commission

Section 5 of Pub. L. 93-579, as amended by Pub. L. 95-38, June 1,

1977, 91 Stat. 179, which established the Privacy Protection Study

Commission and provided that the Commission study data banks, automated

data processing programs and information systems of governmental,

regional and private organizations to determine standards and procedures

in force for protection of personal information, that the Commission

report to the President and Congress the extent to which requirements

and principles of section 552a of title 5 should be applied to the

information practices of those organizations, and that it make other

legislative recommendations to protect the privacy of individuals while

meeting the legitimate informational needs of government and society,

ceased to exist on September 30, 1977, pursuant to section 5(g) of Pub.

L. 93-579.

Guidelines and Regulations for Maintenance of Privacy and Protection of

Records of Individuals

Section 6 of Pub. L. 93-579, which provided that the Office of

Management and Budget shall develop guidelines and regulations for use

of agencies in implementing provisions of this section and provide

continuing assistance to and oversight of the implementation of the

provisions of such section by agencies, was repealed by Pub. L. 100-503,

Sec. 6(c), Oct. 18, 1988, 102 Stat. 2513.

Disclosure of Social Security Number

Section 7 of Pub. L. 93-579 provided that:

\`\`(a)(1) It shall be unlawful for any Federal, State or local

government agency to deny to any individual any right, benefit, or

privilege provided by law because of such individual\'s refusal to

disclose his social security account number.

\`\`(2) the \[The\] provisions of paragraph (1) of this subsection shall

not apply with respect to\--

\`\`(A) any disclosure which is required by Federal statute, or

\`\`(B) the disclosure of a social security number to any Federal,

State, or local agency maintaining a system of records in existence

and operating before January 1, 1975, if such disclosure was

required under statute or regulation adopted prior to such date to

verify the identity of an individual.

\`\`(b) Any Federal, State, or local government agency which requests

an individual to disclose his social security account number shall

inform that individual whether that disclosure is mandatory or

voluntary, by what statutory or other authority such number is

solicited, and what uses will be made of it.\'\'

Authorization of Appropriations to Privacy Protection Study Commission

Section 9 of Pub. L. 93-579, as amended by Pub. L. 94-394, Sept. 3,

1976, 90 Stat. 1198, authorized appropriations for the period beginning

July 1, 1975, and ending on September 30, 1977.

Classified National Security Information

For provisions relating to a response to a request for information

under this section when the fact of its existence or nonexistence is

itself classified or when it was originally classified by another

agency, see Ex. Ord. No. 12958, Sec. 3.7, Apr. 17, 1995, 60 F.R. 19835,

set out as a note under section 435 of Title 50, War and National

Defense.

Section Referred to in Other Sections

This section is referred to in sections 552b, 1212, 3111, 7133, 8148

of this title; title 7 section 2204b; title 10 sections 424, 1102, 1588;

title 12 section 1715z; title 14 section 645; title 15 section 278g-3;

title 16 sections 410cc-35, 1536; title 19 section 1631; title 20

sections 1080a, 9010; title 22 section 4355; title 25 section 3205;

title 26 sections 6103, 7852; title 31 sections 3701, 3711, 3718, 3729,

3733; title 38 sections 3684A, 5701; title 39 section 410; title 42

sections 300aa-25, 402, 405, 904, 1306, 3544, 9660; title 44 sections

2906, 3501, 3504, 3506; title 46 sections 7702, 9303; title 49 sections

111, 30305; title 50 App. section 2159.