5 U.S.C. 

United States Code, 2010 Edition

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

From the U.S. Government Publishing Office, www.gpo.gov

§552a. Records maintained on individuals

(a) DEFINITIONS.—For purposes of this section—

(1) the term “agency” means agency as defined in section 552(e) 1

 of this title;

(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for 

permanent residence;

(3) the term “maintain” includes maintain, collect, use, or disseminate;

(4) the term “record” means any item, collection, or grouping of information about an individual 

that is maintained by an agency, including, but not limited to, his education, financial transactions, 

medical history, and criminal or employment history and that contains his name, or the identifying 

number, symbol, or other identifying particular assigned to the individual, such as a finger or voice 

print or a photograph;

(5) the term “system of records” means a group of any records under the control of any agency 

from which information is retrieved by the name of the individual or by some identifying number, 

symbol, or other identifying particular assigned to the individual;

(6) the term “statistical record” means a record in a system of records maintained for statistical 

research or reporting purposes only and not used in whole or in part in making any determination 

about an identifiable individual, except as provided by section 8 of title 13;

(7) the term “routine use” means, with respect to the disclosure of a record, the use of such 

record for a purpose which is compatible with the purpose for which it was collected;

(8) the term “matching program”—

(A) means any computerized comparison of—

(i) two or more automated systems of records or a system of records with non-Federal 

records for the purpose of—

(I) establishing or verifying the eligibility of, or continuing compliance with statutory 

and regulatory requirements by, applicants for, recipients or beneficiaries of, participants 

in, or providers of services with respect to, cash or in-kind assistance or payments under 

Federal benefit programs, or

(II) recouping payments or delinquent debts under such Federal benefit programs, or

(ii) two or more automated Federal personnel or payroll systems of records or a system of 

Federal personnel or payroll records with non-Federal records,

(B) but does not include—

(i) matches performed to produce aggregate statistical data without any personal 

identifiers;

(ii) matches performed to support any research or statistical project, the specific data of 

which may not be used to make decisions concerning the rights, benefits, or privileges of 

specific individuals;

(iii) matches performed, by an agency (or component thereof) which performs as its 

principal function any activity pertaining to the enforcement of criminal laws, subsequent to 
the initiation of a specific criminal or civil law enforcement investigation of a named person 

or persons for the purpose of gathering evidence against such person or persons;

(iv) matches of tax information (I) pursuant to section 6103(d) of the Internal Revenue 

Code of 1986, (II) for purposes of tax administration as defined in section 6103(b)(4) of such 

Code, (III) for the purpose of intercepting a tax refund due an individual under authority 

granted by section 404(e), 464, or 1137 of the Social Security Act; or (IV) for the purpose of 

intercepting a tax refund due an individual under any other tax refund intercept program 

authorized by statute which has been determined by the Director of the Office of 

Management and Budget to contain verification, notice, and hearing requirements that are 

substantially similar to the procedures in section 1137 of the Social Security Act;

(v) matches—

(I) using records predominantly relating to Federal personnel, that are performed for 

routine administrative purposes (subject to guidance provided by the Director of the Office 

of Management and Budget pursuant to subsection (v)); or

(II) conducted by an agency using only records from systems of records maintained by 

that agency;

 if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other 

adverse action against Federal personnel;

(vi) matches performed for foreign counterintelligence purposes or to produce background 

checks for security clearances of Federal personnel or Federal contractor personnel;

(vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal 

Revenue Code of 1986;

(viii) matches performed pursuant to section 202(x)(3) or 1611(e)(1) of the Social Security 

Act (42 U.S.C. 402(x)(3), 1382(e)(1)); or

(ix) matches performed by the Secretary of Health and Human Services or the Inspector 

General of the Department of Health and Human Services with respect to potential fraud, 

waste, and abuse, including matches of a system of records with non-Federal records;

(9) the term “recipient agency” means any agency, or contractor thereof, receiving records 

contained in a system of records from a source agency for use in a matching program;

(10) the term “non-Federal agency” means any State or local government, or agency thereof, 

which receives records contained in a system of records from a source agency for use in a 

matching program;

(11) the term “source agency” means any agency which discloses records contained in a system 

of records to be used in a matching program, or any State or local government, or agency thereof, 

which discloses records to be used in a matching program;

(12) the term “Federal benefit program” means any program administered or funded by the 

Federal Government, or by any agent or State on behalf of the Federal Government, providing 

cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; 

and

(13) the term “Federal personnel” means officers and employees of the Government of the 

United States, members of the uniformed services (including members of the Reserve 

Components), individuals entitled to receive immediate or deferred retirement benefits under any 

retirement program of the Government of the United States (including survivor benefits).

(b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any record which is contained in a 

system of records by any means of communication to any person, or to another agency, except 

pursuant to a written request by, or with the prior written consent of, the individual to whom the 

record pertains, unless disclosure of the record would be—
(1) to those officers and employees of the agency which maintains the record who have a need 

for the record in the performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of this section and described under 

subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or 

related activity pursuant to the provisions of title 13;

(5) to a recipient who has provided the agency with advance adequate written assurance that the 

record will be used solely as a statistical research or reporting record, and the record is to be 

transferred in a form that is not individually identifiable;

(6) to the National Archives and Records Administration as a record which has sufficient 

historical or other value to warrant its continued preservation by the United States Government, or 

for evaluation by the Archivist of the United States or the designee of the Archivist to determine 

whether the record has such value;

(7) to another agency or to an instrumentality of any governmental jurisdiction within or under 

the control of the United States for a civil or criminal law enforcement activity if the activity is 

authorized by law, and if the head of the agency or instrumentality has made a written request to 

the agency which maintains the record specifying the particular portion desired and the law 

enforcement activity for which the record is sought;

(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety 

of an individual if upon such disclosure notification is transmitted to the last known address of 

such individual;

(9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee 

or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint 

committee;

(10) to the Comptroller General, or any of his authorized representatives, in the course of the 

performance of the duties of the Government Accountability Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency in accordance with section 3711(e) of title 31.

(c) ACCOUNTING OF CERTAIN DISCLOSURES.—Each agency, with respect to each system of 

records under its control, shall—

(1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an 

accurate accounting of—

(A) the date, nature, and purpose of each disclosure of a record to any person or to another 

agency made under subsection (b) of this section; and

(B) the name and address of the person or agency to whom the disclosure is made;

(2) retain the accounting made under paragraph (1) of this subsection for at least five years or 

the life of the record, whichever is longer, after the disclosure for which the accounting is made;

(3) except for disclosures made under subsection (b)(7) of this section, make the accounting 

made under paragraph (1) of this subsection available to the individual named in the record at his 

request; and

(4) inform any person or other agency about any correction or notation of dispute made by the 

agency in accordance with subsection (d) of this section of any record that has been disclosed to 

the person or agency if an accounting of the disclosure was made.

(d) ACCESS TO RECORDS.—Each agency that maintains a system of records shall—

(1) upon request by any individual to gain access to his record or to any information pertaining 

to him which is contained in the system, permit him and upon his request, a person of his own 

choosing to accompany him, to review the record and have a copy made of all or any portion 
thereof in a form comprehensible to him, except that the agency may require the individual to 

furnish a written statement authorizing discussion of that individual's record in the accompanying 

person's presence;

(2) permit the individual to request amendment of a record pertaining to him and—

(A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the 

date of receipt of such request, acknowledge in writing such receipt; and

(B) promptly, either—

(i) make any correction of any portion thereof which the individual believes is not 

accurate, relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend the record in accordance with his request, 

the reason for the refusal, the procedures established by the agency for the individual to 

request a review of that refusal by the head of the agency or an officer designated by the head 

of the agency, and the name and business address of that official;

(3) permit the individual who disagrees with the refusal of the agency to amend his record to 

request a review of such refusal, and not later than 30 days (excluding Saturdays, Sundays, and 

legal public holidays) from the date on which the individual requests such review, complete such 

review and make a final determination unless, for good cause shown, the head of the agency 

extends such 30-day period; and if, after his review, the reviewing official also refuses to amend 

the record in accordance with the request, permit the individual to file with the agency a concise 

statement setting forth the reasons for his disagreement with the refusal of the agency, and notify 

the individual of the provisions for judicial review of the reviewing official's determination under 

subsection (g)(1)(A) of this section;

(4) in any disclosure, containing information about which the individual has filed a statement of 

disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, 

clearly note any portion of the record which is disputed and provide copies of the statement and, if 

the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not 

making the amendments requested, to persons or other agencies to whom the disputed record has 

been disclosed; and

(5) nothing in this section shall allow an individual access to any information compiled in 

reasonable anticipation of a civil action or proceeding.

(e) AGENCY REQUIREMENTS.—Each agency that maintains a system of records shall—

(1) maintain in its records only such information about an individual as is relevant and 

necessary to accomplish a purpose of the agency required to be accomplished by statute or by 

executive order of the President;

(2) collect information to the greatest extent practicable directly from the subject individual 

when the information may result in adverse determinations about an individual's rights, benefits, 

and privileges under Federal programs;

(3) inform each individual whom it asks to supply information, on the form which it uses to 

collect the information or on a separate form that can be retained by the individual—

(A) the authority (whether granted by statute, or by executive order of the President) which 

authorizes the solicitation of the information and whether disclosure of such information is 

mandatory or voluntary;

(B) the principal purpose or purposes for which the information is intended to be used;

(C) the routine uses which may be made of the information, as published pursuant to 

paragraph (4)(D) of this subsection; and

(D) the effects on him, if any, of not providing all or any part of the requested information;
(4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register 

upon establishment or revision a notice of the existence and character of the system of records, 

which notice shall include—

(A) the name and location of the system;

(B) the categories of individuals on whom records are maintained in the system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system, including the categories of users 

and the purpose of such use;

(E) the policies and practices of the agency regarding storage, retrievability, access controls, 

retention, and disposal of the records;

(F) the title and business address of the agency official who is responsible for the system of 

records;

(G) the agency procedures whereby an individual can be notified at his request if the system 

of records contains a record pertaining to him;

(H) the agency procedures whereby an individual can be notified at his request how he can 

gain access to any record pertaining to him contained in the system of records, and how he can 

contest its content; and

(I) the categories of sources of records in the system;

(5) maintain all records which are used by the agency in making any determination about any 

individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary 

to assure fairness to the individual in the determination;

(6) prior to disseminating any record about an individual to any person other than an agency, 

unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable 

efforts to assure that such records are accurate, complete, timely, and relevant for agency 

purposes;

(7) maintain no record describing how any individual exercises rights guaranteed by the First 

Amendment unless expressly authorized by statute or by the individual about whom the record is 

maintained or unless pertinent to and within the scope of an authorized law enforcement activity;

(8) make reasonable efforts to serve notice on an individual when any record on such individual 

is made available to any person under compulsory legal process when such process becomes a 

matter of public record;

(9) establish rules of conduct for persons involved in the design, development, operation, or 

maintenance of any system of records, or in maintaining any record, and instruct each such person 

with respect to such rules and the requirements of this section, including any other rules and 

procedures adopted pursuant to this section and the penalties for noncompliance;

(10) establish appropriate administrative, technical, and physical safeguards to insure the 

security and confidentiality of records and to protect against any anticipated threats or hazards to 

their security or integrity which could result in substantial harm, embarrassment, inconvenience, 

or unfairness to any individual on whom information is maintained;

(11) at least 30 days prior to publication of information under paragraph (4)(D) of this 

subsection, publish in the Federal Register notice of any new use or intended use of the 

information in the system, and provide an opportunity for interested persons to submit written 

data, views, or arguments to the agency; and

(12) if such agency is a recipient agency or a source agency in a matching program with a nonFederal agency, with respect to any establishment or revision of a matching program, at least 30 

days prior to conducting such program, publish in the Federal Register notice of such 

establishment or revision.
(f) AGENCY RULES.—In order to carry out the provisions of this section, each agency that 

maintains a system of records shall promulgate rules, in accordance with the requirements (including 

general notice) of section 553 of this title, which shall—

(1) establish procedures whereby an individual can be notified in response to his request if any 

system of records named by the individual contains a record pertaining to him;

(2) define reasonable times, places, and requirements for identifying an individual who requests 

his record or information pertaining to him before the agency shall make the record or information 

available to the individual;

(3) establish procedures for the disclosure to an individual upon his request of his record or 

information pertaining to him, including special procedure, if deemed necessary, for the disclosure 

to an individual of medical records, including psychological records, pertaining to him;

(4) establish procedures for reviewing a request from an individual concerning the amendment 

of any record or information pertaining to the individual, for making a determination on the 

request, for an appeal within the agency of an initial adverse agency determination, and for 

whatever additional means may be necessary for each individual to be able to exercise fully his 

rights under this section; and

(5) establish fees to be charged, if any, to any individual for making copies of his record, 

excluding the cost of any search for and review of the record.

The Office of the Federal Register shall biennially compile and publish the rules promulgated 

under this subsection and agency notices published under subsection (e)(4) of this section in a form 

available to the public at low cost.

(g)(1) CIVIL REMEDIES.—Whenever any agency

(A) makes a determination under subsection (d)(3) of this section not to amend an individual's 

record in accordance with his request, or fails to make such review in conformity with that 

subsection;

(B) refuses to comply with an individual request under subsection (d)(1) of this section;

(C) fails to maintain any record concerning any individual with such accuracy, relevance, 

timeliness, and completeness as is necessary to assure fairness in any determination relating to the 

qualifications, character, rights, or opportunities of, or benefits to the individual that may be made 

on the basis of such record, and consequently a determination is made which is adverse to the 

individual; or

(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, 

in such a way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency, and the district courts of the United 

States shall have jurisdiction in the matters under the provisions of this subsection.

(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court 

may order the agency to amend the individual's record in accordance with his request or in such other 

way as the court may direct. In such a case the court shall determine the matter de novo.

(B) The court may assess against the United States reasonable attorney fees and other litigation 

costs reasonably incurred in any case under this paragraph in which the complainant has substantially 

prevailed.

(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court 

may enjoin the agency from withholding the records and order the production to the complainant of 

any agency records improperly withheld from him. In such a case the court shall determine the 

matter de novo, and may examine the contents of any agency records in camera to determine whether 

the records or any portion thereof may be withheld under any of the exemptions set forth in 

subsection (k) of this section, and the burden is on the agency to sustain its action.
(B) The court may assess against the United States reasonable attorney fees and other litigation 

costs reasonably incurred in any case under this paragraph in which the complainant has substantially 

prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which 

the court determines that the agency acted in a manner which was intentional or willful, the United 

States shall be liable to the individual in an amount equal to the sum of—

(A) actual damages sustained by the individual as a result of the refusal or failure, but in no case 

shall a person entitled to recovery receive less than the sum of $1,000; and

(B) the costs of the action together with reasonable attorney fees as determined by the court.

(5) An action to enforce any liability created under this section may be brought in the district court 

of the United States in the district in which the complainant resides, or has his principal place of 

business, or in which the agency records are situated, or in the District of Columbia, without regard 

to the amount in controversy, within two years from the date on which the cause of action arises, 

except that where an agency has materially and willfully misrepresented any information required 

under this section to be disclosed to an individual and the information so misrepresented is material 

to establishment of the liability of the agency to the individual under this section, the action may be 

brought at any time within two years after discovery by the individual of the misrepresentation. 

Nothing in this section shall be construed to authorize any civil action by reason of any injury 

sustained as the result of a disclosure of a record prior to September 27, 1975.

(h) RIGHTS OF LEGAL GUARDIANS.—For the purposes of this section, the parent of any minor, or 

the legal guardian of any individual who has been declared to be incompetent due to physical or 

mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.

(i)(1) CRIMINAL PENALTIES.—Any officer or employee of an agency, who by virtue of his 

employment or official position, has possession of, or access to, agency records which contain 

individually identifiable information the disclosure of which is prohibited by this section or by rules 

or regulations established thereunder, and who knowing that disclosure of the specific material is so 

prohibited, willfully discloses the material in any manner to any person or agency not entitled to 

receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

(2) Any officer or employee of any agency who willfully maintains a system of records without 

meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor 

and fined not more than $5,000.

(3) Any person who knowingly and willfully requests or obtains any record concerning an 

individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more 

than $5,000.

(j) GENERAL EXEMPTIONS.—The head of any agency may promulgate rules, in accordance with 

the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this 

title, to exempt any system of records within the agency from any part of this section except 

subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the 

system of records is—

(1) maintained by the Central Intelligence Agency; or

(2) maintained by an agency or component thereof which performs as its principal function any 

activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, 

or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, 

probation, pardon, or parole authorities, and which consists of (A) information compiled for the 

purpose of identifying individual criminal offenders and alleged offenders and consisting only of 

identifying data and notations of arrests, the nature and disposition of criminal charges, 

sentencing, confinement, release, and parole and probation status; (B) information compiled for 

the purpose of a criminal investigation, including reports of informants and investigators, and 

associated with an identifiable individual; or (C) reports identifiable to an individual compiled at 
any stage of the process of enforcement of the criminal laws from arrest or indictment through 

release from supervision.

At the time rules are adopted under this subsection, the agency shall include in the statement 

required under section 553(c) of this title, the reasons why the system of records is to be exempted 

from a provision of this section.

(k) SPECIFIC EXEMPTIONS.—The head of any agency may promulgate rules, in accordance with 

the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this 

title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)

(G), (H), and (I) and (f) of this section if the system of records is—

(1) subject to the provisions of section 552(b)(1) of this title;

(2) investigatory material compiled for law enforcement purposes, other than material within 

the scope of subsection (j)(2) of this section: Provided, however, That if any individual is denied 

any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he 

would otherwise be eligible, as a result of the maintenance of such material, such material shall be 

provided to such individual, except to the extent that the disclosure of such material would reveal 

the identity of a source who furnished information to the Government under an express promise 

that the identity of the source would be held in confidence, or, prior to the effective date of this 

section, under an implied promise that the identity of the source would be held in confidence;

(3) maintained in connection with providing protective services to the President of the United 

States or other individuals pursuant to section 3056 of title 18;

(4) required by statute to be maintained and used solely as statistical records;

(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, 

or qualifications for Federal civilian employment, military service, Federal contracts, or access to 

classified information, but only to the extent that the disclosure of such material would reveal the 

identity of a source who furnished information to the Government under an express promise that 

the identity of the source would be held in confidence, or, prior to the effective date of this section, 

under an implied promise that the identity of the source would be held in confidence;

(6) testing or examination material used solely to determine individual qualifications for 

appointment or promotion in the Federal service the disclosure of which would compromise the 

objectivity or fairness of the testing or examination process; or

(7) evaluation material used to determine potential for promotion in the armed services, but only 

to the extent that the disclosure of such material would reveal the identity of a source who 

furnished information to the Government under an express promise that the identity of the source 

would be held in confidence, or, prior to the effective date of this section, under an implied 

promise that the identity of the source would be held in confidence.

At the time rules are adopted under this subsection, the agency shall include in the statement 

required under section 553(c) of this title, the reasons why the system of records is to be exempted 

from a provision of this section.

(l)(1) ARCHIVAL RECORDS.—Each agency record which is accepted by the Archivist of the 

United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, 

for the purposes of this section, be considered to be maintained by the agency which deposited the 

record and shall be subject to the provisions of this section. The Archivist of the United States shall 

not disclose the record except to the agency which maintains the record, or under rules established by 

that agency which are not inconsistent with the provisions of this section.

(2) Each agency record pertaining to an identifiable individual which was transferred to the 

National Archives of the United States as a record which has sufficient historical or other value to 

warrant its continued preservation by the United States Government, prior to the effective date of this 

section, shall, for the purposes of this section, be considered to be maintained by the National 

Archives and shall not be subject to the provisions of this section, except that a statement generally 
describing such records (modeled after the requirements relating to records subject to subsections (e)

(4)(A) through (G) of this section) shall be published in the Federal Register.

(3) Each agency record pertaining to an identifiable individual which is transferred to the National 

Archives of the United States as a record which has sufficient historical or other value to warrant its 

continued preservation by the United States Government, on or after the effective date of this 

section, shall, for the purposes of this section, be considered to be maintained by the National 

Archives and shall be exempt from the requirements of this section except subsections (e)(4)(A) 

through (G) and (e)(9) of this section.

(m)(1) GOVERNMENT CONTRACTORS.—When an agency provides by a contract for the operation 

by or on behalf of the agency of a system of records to accomplish an agency function, the agency 

shall, consistent with its authority, cause the requirements of this section to be applied to such 

system. For purposes of subsection (i) of this section any such contractor and any employee of such 

contractor, if such contract is agreed to on or after the effective date of this section, shall be 

considered to be an employee of an agency.

(2) A consumer reporting agency to which a record is disclosed under section 3711(e) of title 31 

shall not be considered a contractor for the purposes of this section.

(n) MAILING LISTS.—An individual's name and address may not be sold or rented by an agency 

unless such action is specifically authorized by law. This provision shall not be construed to require 

the withholding of names and addresses otherwise permitted to be made public.

(o) MATCHING AGREEMENTS.—(1) No record which is contained in a system of records may be 

disclosed to a recipient agency or non-Federal agency for use in a computer matching program 

except pursuant to a written agreement between the source agency and the recipient agency or nonFederal 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 nonFederal agency that the Comptroller General deems necessary in order to monitor or verify 

compliance with the agreement.

(2)(A) A copy of each agreement entered into pursuant to paragraph (1) shall—

(i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee 

on Government Operations of the House of Representatives; and

(ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 days after the date on which such a copy is 

transmitted pursuant to subparagraph (A)(i).

(C) Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the 

Data Integrity Board of the agency determines is appropriate in light of the purposes, and length of 

time necessary for the conduct, of the matching program.

(D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), 

the Data Integrity Board of the agency may, without additional review, renew the matching 

agreement for a current, ongoing matching program for not more than one additional year if—

(i) such program will be conducted without any change; and

(ii) each party to the agreement certifies to the Board in writing that the program has been 

conducted in compliance with the agreement.

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—(1) In order to protect any 

individual whose records are used in a matching program, no recipient agency, non-Federal agency, 

or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance 

or payment under a Federal benefit program to such individual, or take other adverse action against 

such individual, as a result of information produced by such matching program, until—

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data 

Integrity Board of the source agency, determines in accordance with guidance issued by the 

Director of the Office of Management and Budget that—

(I) the information is limited to identification and amount of benefits paid by the source 

agency under a Federal benefit program; and

(II) there is a high degree of confidence that the information provided to the recipient agency 

is accurate;

(B) the individual receives a notice from the agency containing a statement of its findings and 

informing the individual of the opportunity to contest such findings; and

(C)(i) the expiration of any time period established for the program by statute or regulation for 

the individual to respond to that notice; or

(ii) in the case of a program for which no such period is established, the end of the 30-day 

period beginning on the date on which notice under subparagraph (B) is mailed or otherwise 

provided to the individual.

(2) Independent verification referred to in paragraph (1) requires investigation and confirmation of 

specific information relating to an individual that is used as a basis for an adverse action against the 

individual, including where applicable investigation and confirmation of—

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or income for such 

individual's own use; and
(C) the period or periods when the individual actually had such asset or income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise 

prohibited by such paragraph if the agency determines that the public health or public safety may be 

adversely affected or significantly threatened during any notice period required by such paragraph.

(q) SANCTIONS.—(1) Notwithstanding any other provision of law, no source agency may disclose 

any record which is contained in a system of records to a recipient agency or non-Federal agency for 

a matching program if such source agency has reason to believe that the requirements of subsection 

(p), or any matching agreement entered into pursuant to subsection (o), or both, are not being met by 

such recipient agency.

(2) No source agency may renew a matching agreement unless—

(A) the recipient agency or non-Federal agency has certified that it has complied with the 

provisions of that agreement; and

(B) the source agency has no reason to believe that the certification is inaccurate.

(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS.—Each agency that proposes to 

establish or make a significant change in a system of records or a matching program shall provide 

adequate advance notice of any such proposal (in duplicate) to the Committee on Government 

Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, 

and the Office of Management and Budget in order to permit an evaluation of the probable or 

potential effect of such proposal on the privacy or other rights of individuals.

(s) BIENNIAL REPORT.—The President shall biennially submit to the Speaker of the House of 

Representatives and the President pro tempore of the Senate a report—

(1) describing the actions of the Director of the Office of Management and Budget pursuant to 

section 6 of the Privacy Act of 1974 during the preceding 2 years;

(2) describing the exercise of individual rights of access and amendment under this section 

during such years;

(3) identifying changes in or additions to systems of records;

(4) containing such other information concerning administration of this section as may be 

necessary or useful to the Congress in reviewing the effectiveness of this section in carrying out 

the purposes of the Privacy Act of 1974.

(t)(1) EFFECT OF OTHER LAWS.—No agency shall rely on any exemption contained in section 552 

of this title to withhold from an individual any record which is otherwise accessible to such 

individual under the provisions of this section.

(2) No agency shall rely on any exemption in this section to withhold from an individual any 

record which is otherwise accessible to such individual under the provisions of section 552 of this 

title.

(u) DATA INTEGRITY BOARDS.—(1) Every agency conducting or participating in a matching 

program shall establish a Data Integrity Board to oversee and coordinate among the various 

components of such agency the agency's implementation of this section.

(2) Each Data Integrity Board shall consist of senior officials designated by the head of the 

agency, and shall include any senior official designated by the head of the agency as responsible for 

implementation of this section, and the inspector general of the agency, if any. The inspector general 

shall not serve as chairman of the Data Integrity Board.

(3) Each Data Integrity Board—

(A) shall review, approve, and maintain all written agreements for receipt or disclosure of 

agency records for matching programs to ensure compliance with subsection (o), and all relevant 

statutes, regulations, and guidelines;

(B) shall review all matching programs in which the agency has participated during the year, 

either as a source agency or recipient agency, determine compliance with applicable laws, 
regulations, guidelines, and agency agreements, and assess the costs and benefits of such 

programs;

(C) shall review all recurring matching programs in which the agency has participated during 

the year, either as a source agency or recipient agency, for continued justification for such 

disclosures;

(D) shall compile an annual report, which shall be submitted to the head of the agency and the 

Office of Management and Budget and made available to the public on request, describing the 

matching activities of the agency, including—

(i) matching programs in which the agency has participated as a source agency or recipient 

agency;

(ii) matching agreements proposed under subsection (o) that were disapproved by the Board;

(iii) any changes in membership or structure of the Board in the preceding year;

(iv) the reasons for any waiver of the requirement in paragraph (4) of this section for 

completion and submission of a cost-benefit analysis prior to the approval of a matching 

program;

(v) any violations of matching agreements that have been alleged or identified and any 

corrective action taken; and

(vi) any other information required by the Director of the Office of Management and Budget 

to be included in such report;

(E) shall serve as a clearinghouse for receiving and providing information on the accuracy, 

completeness, and reliability of records used in matching programs;

(F) shall provide interpretation and guidance to agency components and personnel on the 

requirements of this section for matching programs;

(G) shall review agency recordkeeping and disposal policies and practices for matching 

programs to assure compliance with this section; and

(H) may review and report on any agency matching activities that are not matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board shall not approve 

any written agreement for a matching program unless the agency has completed and submitted to 

such Board a cost-benefit analysis of the proposed program and such analysis demonstrates that the 

program is likely to be cost effective.2

(B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines 

in writing, in accordance with guidelines prescribed by the Director of the Office of Management 

and Budget, that a cost-benefit analysis is not required.

(C) A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial 

approval of a written agreement for a matching program that is specifically required by statute. Any 

subsequent written agreement for such a program shall not be approved by the Data Integrity Board 

unless the agency has submitted a cost-benefit analysis of the program as conducted under the 

preceding approval of such agreement.

(5)(A) If a matching agreement is disapproved by a Data Integrity Board, any party to such 

agreement may appeal the disapproval to the Director of the Office of Management and Budget. 

Timely notice of the filing of such an appeal shall be provided by the Director of the Office of 

Management and Budget to the Committee on Governmental Affairs of the Senate and the 

Committee on Government Operations of the House of Representatives.

(B) The Director of the Office of Management and Budget may approve a matching agreement 

notwithstanding the disapproval of a Data Integrity Board if the Director determines that—

(i) the matching program will be consistent with all applicable legal, regulatory, and policy 

requirements;

(ii) there is adequate evidence that the matching agreement will be cost-effective; and

(iii) the matching program is in the public interest.
(C) The decision of the Director to approve a matching agreement shall not take effect until 30 

days after it is reported to committees described in subparagraph (A).

(D) If the Data Integrity Board and the Director of the Office of Management and Budget 

disapprove a matching program proposed by the inspector general of an agency, the inspector 

general may report the disapproval to the head of the agency and to the Congress.

(6) In the reports required by paragraph (3)(D), agency matching activities that are not matching 

programs may be reported on an aggregate basis, if and to the extent necessary to protect ongoing 

law enforcement or counterintelligence investigations.

(v) OFFICE OF MANAGEMENT AND BUDGET RESPONSIBILITIES.—The Director of the Office of 

Management and Budget shall—

(1) develop and, after notice and opportunity for public comment, prescribe guidelines and 

regulations for the use of agencies in implementing the provisions of this section; and

(2) provide continuing assistance to and oversight of the implementation of this section by 

agencies.

(w) APPLICABILITY TO BUREAU OF CONSUMER FINANCIAL PROTECTION.—Except as provided 

in the Consumer Financial Protection Act of 2010, this section shall apply with respect to the Bureau 

of Consumer Financial Protection.

(Added Pub. L. 93–579, §3, Dec. 31, 1974, 88 Stat. 1897; amended Pub. L. 94–183, §2(2), Dec. 31, 

1975, 89 Stat. 1057; Pub. L. 97–365, §2, Oct. 25, 1982, 96 Stat. 1749; Pub. L. 97–375, title II, §201

(a), (b), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 97–452, §2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 

98–477, §2(c), Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98–497, title I, §107(g), Oct. 19, 1984, 98 Stat. 

2292; Pub. L. 100–503, §§2–6(a), 7, 8, Oct. 18, 1988, 102 Stat. 2507–2514; Pub. L. 101–508, title 

VII, §7201(b)(1), Nov. 5, 1990, 104 Stat. 1388–334; Pub. L. 103–66, title XIII, §13581(c), Aug. 10, 

1993, 107 Stat. 611; Pub. L. 104–193, title I, §110(w), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104

–226, §1(b)(3), Oct. 2, 1996, 110 Stat. 3033; Pub. L. 104–316, title I, §115(g)(2)(B), Oct. 19, 1996, 

110 Stat. 3835; Pub. L. 105–34, title X, §1026(b)(2), Aug. 5, 1997, 111 Stat. 925; Pub. L. 105–362, 

title XIII, §1301(d), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 106–170, title IV, §402(a)(2), Dec. 17, 

1999, 113 Stat. 1908; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–148, title VI, 

§6402(b)(2), Mar. 23, 2010, 124 Stat. 756; Pub. L. 111–203, title X, §1082, July 21, 2010, 124 Stat. 

2080.)

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 404, 464, and 1137 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), are classified to 

sections 604, 664, and 1320b–7, 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 Consumer Financial Protection Act of 2010, referred to in subsec. (w), is title X of Pub. L. 111–203, 

July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§5481 et seq.) of chapter 53 of Title 12, Banks 

and Banking, and enacted and amended numerous other sections and notes in the Code. For complete 

classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

CODIFICATION

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

transferred to section 2244 of Title 7, Agriculture.
AMENDMENTS

2010—Subsec. (a)(8)(B)(ix). Pub. L. 111–148 added cl. (ix).

Subsec. (w). Pub. L. 111–203 added subsec. (w).

2004—Subsec. (b)(10). Pub. L. 108–271 substituted “Government Accountability Office” for “General 

Accounting Office”.

1999—Subsec. (a)(8)(B)(viii). Pub. L. 106–170 added cl. (viii).

1998—Subsec. (u)(6), (7). Pub. L. 105–362 redesignated par. (7) as (6), substituted “paragraph (3)(D)” for 

“paragraphs (3)(D) and (6)”, and struck out former par. (6) which read as follows: “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.”

1997—Subsec. (a)(8)(B)(vii). Pub. L. 105–34 added cl. (vii).

1996—Subsec. (a)(8)(B)(iv)(III). Pub. L. 104–193 substituted “section 404(e), 464,” for “section 464”.

Subsec. (a)(8)(B)(v) to (vii). Pub. L. 104–226 inserted “or” at end of cl. (v), struck out “or” at end of cl. 

(vi), and struck out cl. (vii) which read as follows: “matches performed pursuant to section 6103(l)(12) of the 

Internal Revenue Code of 1986 and section 1144 of the Social Security Act;”.

Subsecs. (b)(12), (m)(2). Pub. L. 104–316 substituted “3711(e)” for “3711(f)”.

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, §5, added pars. (8) to (13).

Subsec. (e)(12). Pub. L. 100–503, §3(a), added par. (12).

Subsec. (f). Pub. L. 100–503, §7, substituted “biennially” for “annually” in last sentence.

Subsecs. (o) to (q). Pub. L. 100–503, §2(2), added subsecs. (o) to (q). Former subsecs. (o) to (q) 

redesignated (r) to (t), respectively.

Subsec. (r). Pub. L. 100–503, §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, §2(1), redesignated former subsec. (o) as (r).

Subsec. (s). Pub. L. 100–503, §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, §2(1), redesignated former subsec. (p) as (s).

Subsec. (t). Pub. L. 100–503, §2(1), redesignated former subsec. (q) as (t).

Subsec. (u). Pub. L. 100–503, §4, added subsec. (u).

Subsec. (v). Pub. L. 100–503, §6(a), added subsec. (v).

1984—Subsec. (b)(6). Pub. L. 98–497, §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, §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, §2(a), added par. (12).

Subsec. (e)(4). Pub. L. 97–375, §201(a), substituted “upon establishment or revision” for “at least annually” 

after “Federal Register”.
Subsec. (m). Pub. L. 97–365, §2(b), designated existing provisions as par. (1) and added par. (2).

Subsec. (p). Pub. L. 97–375, §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 Governmental Affairs of Senate changed to Committee on Homeland Security and 

Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth 

Congress, Oct. 9, 2004.

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. Committee on Government Reform and Oversight of House 

of Representatives changed to Committee on Government Reform of House of Representatives by House 

Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of 

Representatives changed to Committee on Oversight and Government Reform of House of Representatives by 

House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

EFFECTIVE DATE OF 2010 AMENDMENT

Pub. L. 111–203, title X, §1082, July 21, 2010, 124 Stat. 2080, provided that the amendment made by 

section 1082 is effective on July 21, 2010.

Pub. L. 111–203, title X, §1100H, July 21, 2010, 124 Stat. 2113, provided that: “Except as otherwise 

provided in this subtitle [subtitle H (§§1081–1100H) of title X of Pub. L. 111–203, see Tables for 

classification] and the amendments made by this subtitle, this subtitle and the amendments made by this 

subtitle, other than sections 1081 [amending section 8G of Pub. L. 95–452, set out in the Appendix to this 

title, and enacting provisions set out as a note under section 8G of Pub. L. 95–452] and 1082 [amending this 

section and enacting provisions set out as a note under this section], shall become effective on the designated 

transfer date.”

[The term “designated transfer date” is defined in section 5481(9) of Title 12, Banks and Banking, as the 

date established under section 5582 of Title 12.]

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106–170 applicable to individuals whose period of confinement in an institution 

commences on or after the first day of the fourth month beginning after December 1999, see section 402(a)(4) 

of Pub. L. 106–170, set out as a note under section 402 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105–34 applicable to levies issued after Aug. 5, 1997, see section 1026(c) of Pub. 

L. 105–34, set out as a note under section 6103 of Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to 

accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules 

relating to closing out of accounts for terminated or substantially modified programs and continuance in office 

of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC 

program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 

of Title 42, The Public Health and Welfare.
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 a 

note under section 1395y 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, §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, §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 OF 1974 AMENDMENT

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’.”

SHORT TITLE

This section is popularly known as the “Privacy Act”.
TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions in subsec. (s) of this section, see section 

3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and 

page 31 of House Document No. 103–7.

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, §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 obtained by such agencies for a 

particular purpose from being used or made available for another purpose without his consent;

“(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, §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.

EX. ORD. NO. 9397. NUMBERING SYSTEM FOR FEDERAL ACCOUNTS RELATING TO INDIVIDUAL

PERSONS

Ex. Ord. No. 9397, Nov. 22, 1943, 8 F.R. 16095, as amended by Ex. Ord. No. 13478, §2, Nov. 18, 2008, 73 

F.R. 70239, provided:

WHEREAS certain Federal agencies from time to time require in the administration of their activities a 

system of numerical identification of accounts of individual persons; and

WHEREAS some seventy million persons have heretofore been assigned account numbers pursuant to the 

Social Security Act; and

WHEREAS a large percentage of Federal employees have already been assigned account numbers pursuant 

to the Social Security Act; and

WHEREAS it is desirable in the interest of economy and orderly administration that the Federal 

Government move towards the use of a single, unduplicated numerical identification system of accounts and 

avoid the unnecessary establishment of additional systems:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby 

ordered as follows:

1. Hereafter any Federal department, establishment, or agency may, whenever the head thereof finds it 

advisable to establish a new system of permanent account numbers pertaining to individual persons, utilize the 

Social Security Act account numbers assigned pursuant to title 20, section 422.103 of the Code of Federal 

Regulations and pursuant to paragraph 2 of this order.

2. The Social Security Administration shall provide for the assignment of an account number to each person 

who is required by any Federal agency to have such a number but who has not previously been assigned such 

number by the Administration. The Administration may accomplish this purpose by (a) assigning such 

numbers to individual persons, (b) assigning blocks of numbers to Federal agencies for reassignment to 

individual persons, or (c) making such other arrangements for the assignment of numbers as it may deem 

appropriate.

3. The Social Security Administration shall furnish, upon request of any Federal agency utilizing the 

numerical identification system of accounts provided for in this order, the account number pertaining to any 

person with whom such agency has an account or the name and other identifying data pertaining to any 

account number of any such person.

4. The Social Security Administration and each Federal agency shall maintain the confidential character of 

information relating to individual persons obtained pursuant to the provisions of this order.

5. There shall be transferred to the Social Security Administration, from time to time, such amounts as the 

Director of the Office of Management and Budget shall determine to be required for reimbursement by any 

Federal agency for the services rendered by the Administration pursuant to the provisions of this order.

6. This order shall be implemented in accordance with applicable law and subject to the availability of 

appropriations.

7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, 

enforceable at law or in equity, by any party against the United States, its departments, agencies, 

instrumentalities, or entities, its officers, employees, or agents, or any other person.

8. This order shall be published in the Federal Register.

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. 13526, §3.6, Dec. 29, 2009, 75 F.R. 718, set out as a note under section 435 of Title 50, War and 

National Defense.

1

 See References in Text note below.
2

 So in original. Probably should be “cost-effective.”