THE PRIVACY ACT OF 1974
5 U.S.C. § 552a
As Amended§ 552a. Records maintained on individuals(a) Definitions
For purposes of this section—(1) the term “agency” means agency as defined in section 552(e) 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 afinger or voice print or a photograph;(5) the term “system of records” means a group of any records under thecontrol of any agency from which information is retrieved by the name of theindividual 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 inwhole 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, theuse of such record for a purpose which is compatible with the purpose forwhich it was collected;(8) the term “matching program”—(A) means any computerized comparison of—[317]

(i) two or more automated systems of records or a system ofrecords 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 assistanceor 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 ofrecords 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 theenforcement 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 theInternal 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 underauthority 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 theprocedures in section 1137 of the Social Security Act;[318]

(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 ofManagement and Budget pursuant to subsection (v)); or(II) conducted by an agency using only records from systemsof records maintained by that agency; if the purpose of thematch 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));(ix) matches performed by the Secretary of Health and Human
Services or the Inspector General of the Department of Health andHuman Services with respect to potential fraud, waste, and abuse,including matches of a system of records with non-Federal records;or(x) matches performed pursuant to section 3(d)(4) of the Achieving
a Better Life Experience Act of 20141;(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 asource 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 Stateor local government, or agency thereof, which discloses records to be used in amatching 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[319]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 theGovernment of the United States, members of the uniformed services(including members of the Reserve Components), individuals2 entitled toreceive 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 ofrecords 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 describedunder subsection (e)(4)(D) of this section;(4) to the Bureau of the Census for purposes of planning or carrying out acensus 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 orreporting record, and the record is to be transferred in a form that is notindividually 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 theUnited States Government, or for evaluation by the Archivist of the UnitedStates or the designee of the Archivist to determine whether the record has suchvalue;(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 theagency 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;[320]

(8) to a person pursuant to a showing of compelling circumstances affecting thehealth or safety of an individual if upon such disclosure notification istransmitted 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 ofCongress or subcommittee of any such joint committee;(10) to the Comptroller General, or any of his authorized representatives, in thecourse 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) ofTitle 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 thissection, 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 atleast five years or the life of the record, whichever is longer, after thedisclosure for which the accounting is made;(3) except for disclosures made under subsection (b)(7) of this section, makethe accounting made under paragraph (1) of this subsection available to theindividual 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—[321](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 andupon 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 tofurnish 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 inaccordance with his request, the reason for the refusal, theprocedures established by the agency for the individual to request areview of that refusal by the head of the agency or an officer
designated by the head of the agency, and the name and businessaddress 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 theindividual to file with the agency a concise statement setting forth the reasonsfor 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 thedisputed record has been disclosed; and[322]

(5) nothing in this section shall allow an individual access to any informationcompiled 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 isrelevant and necessary to accomplish a purpose of the agency required to beaccomplished by statute or by executive order of the President;(2) collect information to the greatest extent practicable directly from thesubject 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 beretained by the individual—(A) the authority (whether granted by statute, or by executive order of the
President) which authorizes the solicitation of the information andwhether disclosure of such information is mandatory or voluntary;(B) the principal purpose or purposes for which the information isintended to be used;(C) the routine uses which may be made of the information, as publishedpursuant to paragraph (4)(D) of this subsection; and(D) the effects on him, if any, of not providing all or any part of therequested information;(4) subject to the provisions of paragraph (11) of this subsection, publish in theFederal Register upon establishment or revision a notice of the existence andcharacter 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 thesystem;(C) the categories of records maintained in the system;(D) each routine use of the records contained in the system, including thecategories of users and the purpose of such use;(E) the policies and practices of the agency regarding storage,[323]

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 containedin 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 individualin the determination;(6) prior to disseminating any record about an individual to any person otherthan 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 orby the individual about whom the record is maintained or unless pertinent toand within the scope of an authorized law enforcement activity;(8) make reasonable efforts to serve notice on an individual when any record onsuch 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 therequirements 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 toinsure 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)[324]

of this subsection, publish in the Federal Register notice of any new use orintended use of the information in the system, and provide an opportunity forinterested 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 orrevision of a matching program, at least 30 days prior to conducting suchprogram, publish in the Federal Register notice of such establishment orrevision.
(f) Agency rules
In order to carry out the provisions of this section, each agency thatmaintains a system of records shall promulgate rules, in accordance with therequirements (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 theagency 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, formaking 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 thissection; 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.

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(g)(1) Civil remedies
Whenever any agency(A) makes a determination under subsection (d)(3) of this section not toamend 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 suchaccuracy, relevance, timeliness, and completeness as is necessary toassure 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 ismade which is adverse to the individual; or(D) fails to comply with any other provision of this section, or any rulepromulgated thereunder, in such a way as to have an adverse effect on an
individual, the individual may bring a civil action against the agency, andthe district courts of the United States shall have jurisdiction in thematters under the provisions of this subsection.
(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of thissection, the court may order the agency to amend the individual’s record inaccordance 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 attorneyfees and other litigation costs reasonably incurred in any case under thisparagraph in which the complainant has substantially prevailed.
(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of thissection, the court may enjoin the agency from withholding the records andorder 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 theagency to sustain its action.
(B) The court may assess against the United States reasonable attorneyfees and other litigation costs reasonably incurred in any case under thisparagraph in which the complainant has substantially prevailed.

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(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 theindividual 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 broughtin 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 incontroversy, 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 theinformation so misrepresented is material to establishment of the liability of theagency to the individual under this section, the action may be brought at any
time within two years after discovery by the individual of themisrepresentation. 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 arecord 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 physicalor mental incapacity or age by a court of competent jurisdiction, may act on behalfof the individual.
(i)(1) Criminal penalties
Any officer or employee of an agency, who by virtue of his employment orofficial position, has possession of, or access to, agency records which containindividually identifiable information the disclosure of which is prohibited by thissection 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 amisdemeanor and fined not more than $5,000.
(2) Any officer or employee of any agency who willfully maintains a system ofrecords without meeting the notice requirements of subsection (e)(4) of thissection shall be guilty of a misdemeanor and fined not more than $5,000.

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(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 therequirements (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 ofthis 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, thenature and disposition of criminal charges, sentencing, confinement, release,and parole and probation status; (B) information compiled for the purpose of acriminal investigation, including reports of informants and investigators, andassociated with an identifiable individual; or (C) reports identifiable to anindividual 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 thesystem 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 therequirements (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 ofrecords is—(1) subject to the provisions of section 552(b)(1) of this title;(2) investigatory material compiled for law enforcement purposes, other thanmaterial within the scope of subsection (j)(2) of this section: Provided,
however, That if any individual is denied any right, privilege, or benefit that hewould otherwise be entitled by Federal law, or for which he would otherwise[328]

be eligible, as a result of the maintenance of such material, such material shallbe provided to such individual, except to the extent that the disclosure of suchmaterial would reveal the identity of a source who furnished information to theGovernment under an express promise that the identity of the source would beheld in confidence, or, prior to the effective date of this section, under animplied promise that the identity of the source would be held in confidence;(3) maintained in connection with providing protective services to the Presidentof 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 asource who furnished information to the Government under an express promisethat the identity of the source would be held in confidence, or, prior to theeffective date of this section, under an implied promise that the identity of thesource would be held in confidence;(6) testing or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service thedisclosure of which would compromise the objectivity or fairness of the testingor 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 theidentity of the source would be held in confidence.
At the time rules are adopted under this subsection, the agency shall include in thestatement required under section 553(c) of this title, the reasons why the system ofrecords is to be exempted from a provision of this section.
(l) Archival records.
(1) 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 theagency which deposited the record and shall be subject to the provisions of thissection. The Archivist of the United States shall not disclose the record except
to the agency which maintains the record, or under rules established by thatagency which are not inconsistent with the provisions of this section.

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(2) Each agency record pertaining to an identifiable individual which wastransferred to the National Archives of the United States as a record which has
sufficient historical or other value to warrant its continued preservation by theUnited States Government, prior to the effective date of this section, shall, forthe 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 astatement 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 istransferred to the National Archives of the United States as a record which has
sufficient historical or other value to warrant its continued preservation by theUnited States Government, on or after the effective date of this section, shall,for the purposes of this section, be considered to be maintained by the National
Archives and shall be exempt from the requirements of this section except
subsections (e)(4)(A) through (G) and (e)(9) of this section.
(m) Government contractors(1) 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 suchcontractor 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 employeeof 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 thissection.
(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 tobe made public.
(o) Matching agreements(1) No record which is contained in a system of records may be disclosed to arecipient agency or non-Federal agency for use in a computer matching
program except pursuant to a written agreement between the source agency andthe recipient agency or non-Federal agency specifying—[330]

(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 bematched, 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, andindividuals 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 physicalsecurity 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 nonFederal agency, except where required by law or essential to the conductof 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[331]

(K) that the Comptroller General may have access to all records of arecipient agency or a non-Federal agency that the Comptroller Generaldeems necessary in order to monitor or verify compliance with theagreement.
(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 Houseof 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 toexceed 18 months, as the Data Integrity Board of the agency determines isappropriate 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 thatthe 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 otheradverse action against such individual, as a result of information produced bysuch 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 inaccordance with guidance issued by the Director of the Office ofManagement and Budget that--[332]

(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 astatement 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 bystatute 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, theend of the 30-day period beginning on the date on which notice undersubparagraph (B) is mailed or otherwise provided to the individual.
(2) Independent verification referred to in paragraph (1) requires investigationand confirmation of specific information relating to an individual that is used asa 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 orincome for such individual’s own use; and(C) the period or periods when the individual actually had such asset orincome.
(3) Notwithstanding paragraph (1), an agency may take any appropriate action
otherwise prohibited by such paragraph if the agency determines that the publichealth 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—[333]

(A) the recipient agency or non-Federal agency has certified that it hascomplied 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 asystem of records or a matching program shall provide adequate advance notice ofany such proposal (in duplicate) to the Committee on Government Operations of theHouse of Representatives, the Committee on Governmental Affairs of the Senate,
and the Office of Management and Budget in order to permit an evaluation of theprobable or potential effect of such proposal on the privacy or other rights ofindividuals.
(s) Biennial report.
The President shall biennially submit to the Speaker of the House ofRepresentatives and the President pro tempore of the Senate a report—(1) describing the actions of the Director of the Office of Management andBudget 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) Effect of other laws
(1) 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 suchindividual under the provisions of this section.
(2) No agency shall rely on any exemption in this section to withhold from anindividual any record which is otherwise accessible to such individual under
the provisions of section 552 of this title.

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(u) Data Integrity Boards.
(1) Every agency conducting or participating in a matching program shallestablish 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 thehead of the agency, and shall include any senior official designated by the headof the agency as responsible for implementation of this section, and theinspector 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 ensurecompliance with subsection (o), and all relevant statutes, regulations, andguidelines;(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, andagency 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 headof the agency and the Office of Management and Budget and madeavailable to the public on request, describing the matching activities of theagency, including—(i) matching programs in which the agency has participated as asource agency or recipient agency;(ii) matching agreements proposed under subsection (o) that weredisapproved by the Board;(iii) any changes in membership or structure of the Board in thepreceding 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;[335]

(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 ofManagement and Budget to be included in such report;(E) shall serve as a clearinghouse for receiving and providing informationon the accuracy, completeness, and reliability of records used in matching
programs;(F) shall provide interpretation and guidance to agency components andpersonnel 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 notmatching 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 theagency has completed and submitted to such Board a cost-benefit analysis of
the proposed program and such analysis demonstrates that the program is likely
to be cost effective.
(B) The Board may waive the requirements of subparagraph (A) of thisparagraph if it determines in writing, in accordance with guidelines
prescribed by the Director of the Office of Management and Budget, thata 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 programthat 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 andBudget to the Committee on Governmental Affairs of the Senate and theCommittee on Government Operations of the House of Representatives.
(B) The Director of the Office of Management and Budget may approve amatching agreement notwithstanding the disapproval of a Data Integrity[336]

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 becost-effective; and(iii) the matching program is in the public interest.
(C) The decision of the Director to approve a matching agreement shallnot take effect until 30 days after it is reported to committees described insubparagraph (A).
(D) If the Data Integrity Board and the Director of the Office ofManagement and Budget disapprove a matching program proposed by theinspector general of an agency, the inspector general may report thedisapproval to the head of the agency and to the Congress.
(6) In the reports required by paragraph (3)(D), agency matching activities thatare not matching programs may be reported on an aggregate basis, if and to theextent 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 theprovisions of this section; and(2) provide continuing assistance to and oversight of the implementation of thissection by agencies.
(w) Applicability to Bureau of Consumer Financial Protection
Except as provided in the Consumer Financial Protection Act of 2010, thissection shall apply with respect to the Bureau of Consumer Financial Protection.

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