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As of January 3, 2005
(Document not affected by Public Laws enacted between January 3, 2005 and April 6, 2006)
[From the U.S. Code Online via GPO Access]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALL
CHAPTER 5--ADMINISTRATIVE PROCEDUR
SUBCHAPTER II--ADMINISTRATIVE PROCEDURE
Sec. 552a. Records maintained on individuals
(a) Definitions.--For purposes of this section--
(1) the term ''agency'' means agency as defined in section
552(e) \1\ of this title;
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\1\ See References in Text note below.
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(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; or
(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));
(9) the term ''recipient agency'' means any agency, or
contractor thereof, receiving records contained in a system of
records from a source agency for use in a matching program;
(10) the term ''non-Federal agency'' means any State or local
government, or agency thereof, which receives records contained in a
system of records from a source agency for use in a matching
program;
(11) the term ''source agency'' means any agency which discloses
records contained in a system of records to be used in a matching
program, or any State or local government, or agency thereof, which
discloses records to be used in a matching program;
(12) the term ''Federal benefit program'' means any program
administered or funded by the Federal Government, or by any agent or
State on behalf of the Federal Government, providing cash or in-kind
assistance in the form of payments, grants, loans, or loan
guarantees to individuals; and
(13) the term ''Federal personnel'' means officers and employees
of the Government of the United States, members of the uniformed
services (including members of the Reserve Components), individuals
entitled to receive immediate or deferred retirement benefits under
any retirement program of the Government of the United States
(including survivor benefits).
(b) Conditions of Disclosure.--No agency shall disclose any record
which is contained in a system of records by any means of communication
to any person, or to another agency, except pursuant to a written
request by, or with the prior written consent of, the individual to whom
the record pertains, unless disclosure of the record would be--
(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of this
section and described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to the
provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
(6) to the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, or for
evaluation by the Archivist of the United States or the designee of
the Archivist to determine whether the record has such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the
activity is authorized by law, and if the head of the agency or
instrumentality has made a written request to the agency which
maintains the record specifying the particular portion desired and
the law enforcement activity for which the record is sought;
(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if
upon such disclosure notification is transmitted to the last known
address of such individual;
(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress or subcommittee of any such joint
committee;
(10) to the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of
the Government Accountability Office;
(11) pursuant to the order of a court of competent jurisdiction;
or
(12) to a consumer reporting agency in accordance with section
3711(e) of title 31.
(c) Accounting of Certain Disclosures.--Each agency, with respect to
each system of records under its control, shall--
(1) except for disclosures made under subsections (b)(1) or
(b)(2) of this section, keep an accurate accounting of--
(A) the date, nature, and purpose of each disclosure of a
record to any person or to another agency made under subsection
(b) of this section; and
(B) the name and address of the person or agency to whom the
disclosure is made;
(2) retain the accounting made under paragraph (1) of this
subsection for at least five years or the life of the record,
whichever is longer, after the disclosure for which the accounting
is made;
(3) except for disclosures made under subsection (b)(7) of this
section, make the accounting made under paragraph (1) of this
subsection available to the individual named in the record at his
request; and
(4) inform any person or other agency about any correction or
notation of dispute made by the agency in accordance with subsection
(d) of this section of any record that has been disclosed to the
person or agency if an accounting of the disclosure was made.
(d) Access to Records.--Each agency that maintains a system of
records shall--
(1) upon request by any individual to gain access to his record
or to any information pertaining to him which is contained in the
system, permit him and upon his request, a person of his own
choosing to accompany him, to review the record and have a copy made
of all or any portion thereof in a form comprehensible to him,
except that the agency may require the individual to furnish a
written statement authorizing discussion of that individual's record
in the accompanying person's presence;
(2) permit the individual to request amendment of a record
pertaining to him and--
(A) not later than 10 days (excluding Saturdays, Sundays,
and legal public holidays) after the date of receipt of such
request, acknowledge in writing such receipt; and
(B) promptly, either--
(i) make any correction of any portion thereof which the
individual believes is not accurate, relevant, timely, or
complete; or
(ii) inform the individual of its refusal to amend the
record in accordance with his request, the reason for the
refusal, the procedures established by the agency for the
individual to request a review of that refusal by the head
of the agency or an officer designated by the head of the
agency, and the name and business address of that official;
(3) permit the individual who disagrees with the refusal of the
agency to amend his record to request a review of such refusal, and
not later than 30 days (excluding Saturdays, Sundays, and legal
public holidays) from the date on which the individual requests such
review, complete such review and make a final determination unless,
for good cause shown, the head of the agency extends such 30-day
period; and if, after his review, the reviewing official also
refuses to amend the record in accordance with the request, permit
the individual to file with the agency a concise statement setting
forth the reasons for his disagreement with the refusal of the
agency, and notify the individual of the provisions for judicial
review of the reviewing official's determination under subsection
(g)(1)(A) of this section;
(4) in any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring after
the filing of the statement under paragraph (3) of this subsection,
clearly note any portion of the record which is disputed and provide
copies of the statement and, if the agency deems it appropriate,
copies of a concise statement of the reasons of the agency for not
making the amendments requested, to persons or other agencies to
whom the disputed record has been disclosed; and
(5) nothing in this section shall allow an individual access to
any information compiled in reasonable anticipation of a civil
action or proceeding.
(e) Agency Requirements.--Each agency that maintains a system of
records shall--
(1) maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose of
the agency required to be accomplished by statute or by executive
order of the President;
(2) collect information to the greatest extent practicable
directly from the subject individual when the information may result
in adverse determinations about an individual's rights, benefits,
and privileges under Federal programs;
(3) inform each individual whom it asks to supply information,
on the form which it uses to collect the information or on a
separate form that can be retained by the individual--
(A) the authority (whether granted by statute, or by
executive order of the President) which authorizes the
solicitation of the information and whether disclosure of such
information is mandatory or voluntary;
(B) the principal purpose or purposes for which the
information is intended to be used;
(C) the routine uses which may be made of the information,
as published pursuant to paragraph (4)(D) of this subsection;
and
(D) the effects on him, if any, of not providing all or any
part of the requested information;
(4) subject to the provisions of paragraph (11) of this
subsection, publish in the Federal Register upon establishment or
revision a notice of the existence and character of the system of
records, which notice shall include--
(A) the name and location of the system;
(B) the categories of individuals on whom records are
maintained in the system;
(C) the categories of records maintained in the system;
(D) each routine use of the records contained in the system,
including the categories of users and the purpose of such use;
(E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and
disposal of the records;
(F) the title and business address of the agency official
who is responsible for the system of records;
(G) the agency procedures whereby an individual can be
notified at his request if the system of records contains a
record pertaining to him;
(H) the agency procedures whereby an individual can be
notified at his request how he can gain access to any record
pertaining to him contained in the system of records, and how he
can contest its content; and
(I) the categories of sources of records in the system;
(5) maintain all records which are used by the agency in making
any determination about any individual with such accuracy,
relevance, timeliness, and completeness as is reasonably necessary
to assure fairness to the individual in the determination;
(6) prior to disseminating any record about an individual to any
person other than an agency, unless the dissemination is made
pursuant to subsection (b)(2) of this section, make reasonable
efforts to assure that such records are accurate, complete, timely,
and relevant for agency purposes;
(7) maintain no record describing how any individual exercises
rights guaranteed by the First Amendment unless expressly authorized
by statute or by the individual about whom the record is maintained
or unless pertinent to and within the scope of an authorized law
enforcement activity;
(8) make reasonable efforts to serve notice on an individual
when any record on such individual is made available to any person
under compulsory legal process when such process becomes a matter of
public record;
(9) establish rules of conduct for persons involved in the
design, development, operation, or maintenance of any system of
records, or in maintaining any record, and instruct each such person
with respect to such rules and the requirements of this section,
including any other rules and procedures adopted pursuant to this
section and the penalties for noncompliance;
(10) establish appropriate administrative, technical, and
physical safeguards to insure the security and confidentiality of
records and to protect against any anticipated threats or hazards to
their security or integrity which could result in substantial harm,
embarrassment, inconvenience, or unfairness to any individual on
whom information is maintained;
(11) at least 30 days prior to publication of information under
paragraph (4)(D) of this subsection, publish in the Federal Register
notice of any new use or intended use of the information in the
system, and provide an opportunity for interested persons to submit
written data, views, or arguments to the agency; and
(12) if such agency is a recipient agency or a source agency in
a matching program with a non-Federal agency, with respect to any
establishment or revision of a matching program, at least 30 days
prior to conducting such program, publish in the Federal Register
notice of such establishment or revision.
(f) Agency Rules.--In order to carry out the provisions of this
section, each agency that maintains a system of records shall promulgate
rules, in accordance with the requirements (including general notice) of
section 553 of this title, which shall--
(1) establish procedures whereby an individual can be notified
in response to his request if any system of records named by the
individual contains a record pertaining to him;
(2) define reasonable times, places, and requirements for
identifying an individual who requests his record or information
pertaining to him before the agency shall make the record or
information available to the individual;
(3) establish procedures for the disclosure to an individual
upon his request of his record or information pertaining to him,
including special procedure, if deemed necessary, for the disclosure
to an individual of medical records, including psychological
records, pertaining to him;
(4) establish procedures for reviewing a request from an
individual concerning the amendment of any record or information
pertaining to the individual, for making a determination on the
request, for an appeal within the agency of an initial adverse
agency determination, and for whatever additional means may be
necessary for each individual to be able to exercise fully his
rights under this section; and
(5) establish fees to be charged, if any, to any individual for
making copies of his record, excluding the cost of any search for
and review of the record.
The Office of the Federal Register shall biennially compile and publish
the rules promulgated under this subsection and agency notices published
under subsection (e)(4) of this section in a form available to the
public at low cost.
(g)(1) Civil Remedies.--Whenever any agency
(A) makes a determination under subsection (d)(3) of this
section not to amend an individual's record in accordance with his
request, or fails to make such review in conformity with that
subsection;
(B) refuses to comply with an individual request under
subsection (d)(1) of this section;
(C) fails to maintain any record concerning any individual with
such accuracy, relevance, timeliness, and completeness as is
necessary to assure fairness in any determination relating to the
qualifications, character, rights, or opportunities of, or benefits
to the individual that may be made on the basis of such record, and
consequently a determination is made which is adverse to the
individual; or
(D) fails to comply with any other provision of this section, or
any rule promulgated thereunder, in such a way as to have an adverse
effect on an individual,
the individual may bring a civil action against the agency, and the
district courts of the United States shall have jurisdiction in the
matters under the provisions of this subsection.
(2)(A) In any suit brought under the provisions of subsection
(g)(1)(A) of this section, the court may order the agency to amend the
individual's record in accordance with his request or in such other way
as the court may direct. In such a case the court shall determine the
matter de novo.
(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially
prevailed.
(3)(A) In any suit brought under the provisions of subsection
(g)(1)(B) of this section, the court may enjoin the agency from
withholding the records and order the production to the complainant of
any agency records improperly withheld from him. In such a case the
court shall determine the matter de novo, and may examine the contents
of any agency records in camera to determine whether the records or any
portion thereof may be withheld under any of the exemptions set forth in
subsection (k) of this section, and the burden is on the agency to
sustain its action.
(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially
prevailed.
(4) In any suit brought under the provisions of subsection (g)(1)(C)
or (D) of this section in which the court determines that the agency
acted in a manner which was intentional or willful, the United States
shall be liable to the individual in an amount equal to the sum of--
(A) actual damages sustained by the individual as a result of
the refusal or failure, but in no case shall a person entitled to
recovery receive less than the sum of $1,000; and
(B) the costs of the action together with reasonable attorney
fees as determined by the court.
(5) An action to enforce any liability created under this section
may be brought in the district court of the United States in the
district in which the complainant resides, or has his principal place of
business, or in which the agency records are situated, or in the
District of Columbia, without regard to the amount in controversy,
within two years from the date on which the cause of action arises,
except that where an agency has materially and willfully misrepresented
any information required under this section to be disclosed to an
individual and the information so misrepresented is material to
establishment of the liability of the agency to the individual under
this section, the action may be brought at any time within two years
after discovery by the individual of the misrepresentation. Nothing in
this section shall be construed to authorize any civil action by reason
of any injury sustained as the result of a disclosure of a record prior
to September 27, 1975.
(h) Rights of Legal Guardians.--For the purposes of this section,
the parent of any minor, or the legal guardian of any individual who has
been declared to be incompetent due to physical or mental incapacity or
age by a court of competent jurisdiction, may act on behalf of the
individual.
(i)(1) Criminal Penalties.--Any officer or employee of an agency,
who by virtue of his employment or official position, has possession of,
or access to, agency records which contain individually identifiable
information the disclosure of which is prohibited by this section or by
rules or regulations established thereunder, and who knowing that
disclosure of the specific material is so prohibited, willfully
discloses the material in any manner to any person or agency not
entitled to receive it, shall be guilty of a misdemeanor and fined not
more than $5,000.
(2) Any officer or employee of any agency who willfully maintains a
system of records without meeting the notice requirements of subsection
(e)(4) of this section shall be guilty of a misdemeanor and fined not
more than $5,000.
(3) Any person who knowingly and willfully requests or obtains any
record concerning an individual from an agency under false pretenses
shall be guilty of a misdemeanor and fined not more than $5,000.
(j) General Exemptions.--The head of any agency may promulgate
rules, in accordance with the requirements (including general notice) of
sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt
any system of records within the agency from any part of this section
except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6),
(7), (9), (10), and (11), and (i) if the system of records is--
(1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component thereof which performs
as its principal function any activity pertaining to the enforcement
of criminal laws, including police efforts to prevent, control, or
reduce crime or to apprehend criminals, and the activities of
prosecutors, courts, correctional, probation, pardon, or parole
authorities, and which consists of (A) information compiled for the
purpose of identifying individual criminal offenders and alleged
offenders and consisting only of identifying data and notations of
arrests, the nature and disposition of criminal charges, sentencing,
confinement, release, and parole and probation status; (B)
information compiled for the purpose of a criminal investigation,
including reports of informants and investigators, and associated
with an identifiable individual; or (C) reports identifiable to an
individual compiled at any stage of the process of enforcement of
the criminal laws from arrest or indictment through release from
supervision.
At the time rules are adopted under this subsection, the agency shall
include in the statement required under section 553(c) of this title,
the reasons why the system of records is to be exempted from a provision
of this section.
(k) Specific Exemptions.--The head of any agency may promulgate
rules, in accordance with the requirements (including general notice) of
sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt
any system of records within the agency from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of
records is--
(1) subject to the provisions of section 552(b)(1) of this
title;
(2) investigatory material compiled for law enforcement
purposes, other than material within the scope of subsection (j)(2)
of this section: Provided, however, That if any individual is denied
any right, privilege, or benefit that he would otherwise be entitled
by Federal law, or for which he would otherwise be eligible, as a
result of the maintenance of such material, such material shall be
provided to such individual, except to the extent that the
disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or,
prior to the effective date of this section, under an implied
promise that the identity of the source would be held in confidence;
(3) maintained in connection with providing protective services
to the President of the United States or other individuals pursuant
to section 3056 of title 18;
(4) required by statute to be maintained and used solely as
statistical records;
(5) investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, military service, Federal contracts, or access
to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or,
prior to the effective date of this section, under an implied
promise that the identity of the source would be held in confidence;
(6) testing or examination material used solely to determine
individual qualifications for appointment or promotion in the
Federal service the disclosure of which would compromise the
objectivity or fairness of the testing or examination process; or
(7) evaluation material used to determine potential for
promotion in the armed services, but only to the extent that the
disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or,
prior to the effective date of this section, under an implied
promise that the identity of the source would be held in confidence.
At the time rules are adopted under this subsection, the agency shall
include in the statement required under section 553(c) of this title,
the reasons why the system of records is to be exempted from a provision
of this section.
(l)(1) Archival Records.--Each agency record which is accepted by
the Archivist of the United States for storage, processing, and
servicing in accordance with section 3103 of title 44 shall, for the
purposes of this section, be considered to be maintained by the agency
which deposited the record and shall be subject to the provisions of
this section. The Archivist of the United States shall not disclose the
record except to the agency which maintains the record, or under rules
established by that agency which are not inconsistent with the
provisions of this section.
(2) Each agency record pertaining to an identifiable individual
which was transferred to the National Archives of the United States as a
record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, prior to the
effective date of this section, shall, for the purposes of this section,
be considered to be maintained by the National Archives and shall not be
subject to the provisions of this section, except that a statement
generally describing such records (modeled after the requirements
relating to records subject to subsections (e)(4)(A) through (G) of this
section) shall be published in the Federal Register.
(3) Each agency record pertaining to an identifiable individual
which is transferred to the National Archives of the United States as a
record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, on or after the
effective date of this section, shall, for the purposes of this section,
be considered to be maintained by the National Archives and shall be
exempt from the requirements of this section except subsections
(e)(4)(A) through (G) and (e)(9) of this section.
(m)(1) Government Contractors.--When an agency provides by a
contract for the operation by or on behalf of the agency of a system of
records to accomplish an agency function, the agency shall, consistent
with its authority, cause the requirements of this section to be applied
to such system. For purposes of subsection (i) of this section any such
contractor and any employee of such contractor, if such contract is
agreed to on or after the effective date of this section, shall be
considered to be an employee of an agency.
(2) A consumer reporting agency to which a record is disclosed under
section 3711(e) of title 31 shall not be considered a contractor for the
purposes of this section.
(n) Mailing Lists.--An individual's name and address may not be sold
or rented by an agency unless such action is specifically authorized by
law. This provision shall not be construed to require the withholding of
names and addresses otherwise permitted to be made public.
(o) Matching Agreements.--(1) No record which is contained in a
system of records may be disclosed to a recipient agency or non-Federal
agency for use in a computer matching program except pursuant to a
written agreement between the source agency and the recipient agency or
non-Federal agency specifying--
(A) the purpose and legal authority for conducting the program;
(B) the justification for the program and the anticipated
results, including a specific estimate of any savings;
(C) a description of the records that will be matched, including
each data element that will be used, the approximate number of
records that will be matched, and the projected starting and
completion dates of the matching program;
(D) procedures for providing individualized notice at the time
of application, and notice periodically thereafter as directed by
the Data Integrity Board of such agency (subject to guidance
provided by the Director of the Office of Management and Budget
pursuant to subsection (v)), to--
(i) applicants for and recipients of financial assistance or
payments under Federal benefit programs, and
(ii) applicants for and holders of positions as Federal
personnel,
that any information provided by such applicants, recipients,
holders, and individuals may be subject to verification through
matching programs;
(E) procedures for verifying information produced in such
matching program as required by subsection (p);
(F) procedures for the retention and timely destruction of
identifiable records created by a recipient agency or non-Federal
agency in such matching program;
(G) procedures for ensuring the administrative, technical, and
physical security of the records matched and the results of such
programs;
(H) prohibitions on duplication and redisclosure of records
provided by the source agency within or outside the recipient agency
or the non-Federal agency, except where required by law or essential
to the conduct of the matching program;
(I) procedures governing the use by a recipient agency or non-
Federal agency of records provided in a matching program by a source
agency, including procedures governing return of the records to the
source agency or destruction of records used in such program;
(J) information on assessments that have been made on the
accuracy of the records that will be used in such matching program;
and
(K) that the Comptroller General may have access to all records
of a recipient agency or a non-Federal agency that the Comptroller
General deems necessary in order to monitor or verify compliance
with the agreement.
(2)(A) A copy of each agreement entered into pursuant to paragraph
(1) shall--
(i) be transmitted to the Committee on Governmental Affairs of
the Senate and the Committee on Government Operations of the House
of Representatives; and
(ii) be available upon request to the public.
(B) No such agreement shall be effective until 30 days after the
date on which such a copy is transmitted pursuant to subparagraph
(A)(i).
(C) Such an agreement shall remain in effect only for such period,
not to exceed 18 months, as the Data Integrity Board of the agency
determines is appropriate in light of the purposes, and length of time
necessary for the conduct, of the matching program.
(D) Within 3 months prior to the expiration of such an agreement
pursuant to subparagraph (C), the Data Integrity Board of the agency
may, without additional review, renew the matching agreement for a
current, ongoing matching program for not more than one additional year
if--
(i) such program will be conducted without any change; and
(ii) each party to the agreement certifies to the Board in
writing that the program has been conducted in compliance with the
agreement.
(p) Verification and Opportunity to Contest Findings.--(1) In order
to protect any individual whose records are used in a matching program,
no recipient agency, non-Federal agency, or source agency may suspend,
terminate, reduce, or make a final denial of any financial assistance or
payment under a Federal benefit program to such individual, or take
other adverse action against such individual, as a result of information
produced by such matching program, until--
(A)(i) the agency has independently verified the information; or
(ii) the Data Integrity Board of the agency, or in the case of a
non-Federal agency the Data Integrity Board of the source agency,
determines in accordance with guidance issued by the Director of the
Office of Management and Budget that--
(I) the information is limited to identification and amount
of benefits paid by the source agency under a Federal benefit
program; and
(II) there is a high degree of confidence that the
information provided to the recipient agency is accurate;
(B) the individual receives a notice from the agency containing
a statement of its findings and informing the individual of the
opportunity to contest such findings; and
(C)(i) the expiration of any time period established for the
program by statute or regulation for the individual to respond to
that notice; or
(ii) in the case of a program for which no such period is
established, the end of the 30-day period beginning on the date on
which notice under subparagraph (B) is mailed or otherwise provided
to the individual.
(2) Independent verification referred to in paragraph (1) requires
investigation and confirmation of specific information relating to an
individual that is used as a basis for an adverse action against the
individual, including where applicable investigation and confirmation
of--
(A) the amount of any asset or income involved;
(B) whether such individual actually has or had access to such
asset or income for such individual's own use; and
(C) the period or periods when the individual actually had such
asset or income.
(3) Notwithstanding paragraph (1), an agency may take any
appropriate action otherwise prohibited by such paragraph if the agency
determines that the public health or public safety may be adversely
affected or significantly threatened during any notice period required
by such paragraph.
(q) Sanctions.--(1) Notwithstanding any other provision of law, no
source agency may disclose any record which is contained in a system of
records to a recipient agency or non-Federal agency for a matching
program if such source agency has reason to believe that the
requirements of subsection (p), or any matching agreement entered into
pursuant to subsection (o), or both, are not being met by such recipient
agency.
(2) No source agency may renew a matching agreement unless--
(A) the recipient agency or non-Federal agency has certified
that it has complied with the provisions of that agreement; and
(B) the source agency has no reason to believe that the
certification is inaccurate.
(r) Report on New Systems and Matching Programs.--Each agency that
proposes to establish or make a significant change in a system of
records or a matching program shall provide adequate advance notice of
any such proposal (in duplicate) to the Committee on Government
Operations of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Office of Management and
Budget in order to permit an evaluation of the probable or potential
effect of such proposal on the privacy or other rights of individuals.
(s) Biennial Report.--The President shall biennially submit to the
Speaker of the House of Representatives and the President pro tempore of
the Senate a report--
(1) describing the actions of the Director of the Office of
Management and Budget pursuant to section 6 of the Privacy Act of
1974 during the preceding 2 years;
(2) describing the exercise of individual rights of access and
amendment under this section during such years;
(3) identifying changes in or additions to systems of records;
(4) containing such other information concerning administration
of this section as may be necessary or useful to the Congress in
reviewing the effectiveness of this section in carrying out the
purposes of the Privacy Act of 1974.
(t)(1) Effect of Other Laws.--No agency shall rely on any exemption
contained in section 552 of this title to withhold from an individual
any record which is otherwise accessible to such individual under the
provisions of this section.
(2) No agency shall rely on any exemption in this section to
withhold from an individual any record which is otherwise accessible to
such individual under the provisions of section 552 of this title.
(u) Data Integrity Boards.--(1) Every agency conducting or
participating in a matching program shall establish a Data Integrity
Board to oversee and coordinate among the various components of such
agency the agency's implementation of this section.
(2) Each Data Integrity Board shall consist of senior officials
designated by the head of the agency, and shall include any senior
official designated by the head of the agency as responsible for
implementation of this section, and the inspector general of the agency,
if any. The inspector general shall not serve as chairman of the Data
Integrity Board.
(3) Each Data Integrity Board--
(A) shall review, approve, and maintain all written agreements
for receipt or disclosure of agency records for matching programs to
ensure compliance with subsection (o), and all relevant statutes,
regulations, and guidelines;
(B) shall review all matching programs in which the agency has
participated during the year, either as a source agency or recipient
agency, determine compliance with applicable laws, regulations,
guidelines, and agency agreements, and assess the costs and benefits
of such programs;
(C) shall review all recurring matching programs in which the
agency has participated during the year, either as a source agency
or recipient agency, for continued justification for such
disclosures;
(D) shall compile an annual report, which shall be submitted to
the head of the agency and the Office of Management and Budget and
made available to the public on request, describing the matching
activities of the agency, including--
(i) matching programs in which the agency has participated
as a source agency or recipient agency;
(ii) matching agreements proposed under subsection (o) that
were disapproved by the Board;
(iii) any changes in membership or structure of the Board in
the preceding year;
(iv) the reasons for any waiver of the requirement in
paragraph (4) of this section for completion and submission of a
cost-benefit analysis prior to the approval of a matching
program;
(v) any violations of matching agreements that have been
alleged or identified and any corrective action taken; and
(vi) any other information required by the Director of the
Office of Management and Budget to be included in such report;
(E) shall serve as a clearinghouse for receiving and providing
information on the accuracy, completeness, and reliability of
records used in matching programs;
(F) shall provide interpretation and guidance to agency
components and personnel on the requirements of this section for
matching programs;
(G) shall review agency recordkeeping and disposal policies and
practices for matching programs to assure compliance with this
section; and
(H) may review and report on any agency matching activities that
are not matching programs.
(4)(A) Except as provided in subparagraphs (B) and (C), a Data
Integrity Board shall not approve any written agreement for a matching
program unless the agency has completed and submitted to such Board a
cost-benefit analysis of the proposed program and such analysis
demonstrates that the program is likely to be cost effective.\2\
---------------------------------------------------------------------------
\2\ So in original. Probably should be ''cost-effective.''
---------------------------------------------------------------------------
(B) The Board may waive the requirements of subparagraph (A) of this
paragraph if it determines in writing, in accordance with guidelines
prescribed by the Director of the Office of Management and Budget, that
a cost-benefit analysis is not required.
(C) A cost-benefit analysis shall not be required under subparagraph
(A) prior to the initial approval of a written agreement for a matching
program that is specifically required by statute. Any subsequent written
agreement for such a program shall not be approved by the Data Integrity
Board unless the agency has submitted a cost-benefit analysis of the
program as conducted under the preceding approval of such agreement.
(5)(A) If a matching agreement is disapproved by a Data Integrity
Board, any party to such agreement may appeal the disapproval to the
Director of the Office of Management and Budget. Timely notice of the
filing of such an appeal shall be provided by the Director of the Office
of Management and Budget to the Committee on Governmental Affairs of the
Senate and the Committee on Government Operations of the House of
Representatives.
(B) The Director of the Office of Management and Budget may approve
a matching agreement notwithstanding the disapproval of a Data Integrity
Board if the Director determines that--
(i) the matching program will be consistent with all applicable
legal, regulatory, and policy requirements;
(ii) there is adequate evidence that the matching agreement will
be cost-effective; and
(iii) the matching program is in the public interest.
(C) The decision of the Director to approve a matching agreement
shall not take effect until 30 days after it is reported to committees
described in subparagraph (A).
(D) If the Data Integrity Board and the Director of the Office of
Management and Budget disapprove a matching program proposed by the
inspector general of an agency, the inspector general may report the
disapproval to the head of the agency and to the Congress.
(6) 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.
(Added Pub. L. 93-579, Sec. 3, Dec. 31, 1974, 88 Stat. 1897; amended
Pub. L. 94-183, Sec. 2(2), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 97-365,
Sec. 2, Oct. 25, 1982, 96 Stat. 1749; Pub. L. 97-375, title II,
Sec. 201(a), (b), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 97-452,
Sec. 2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-477, Sec. 2(c),
Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98-497, title I, Sec. 107(g), Oct.
19, 1984, 98 Stat. 2292; Pub. L. 100-503, Secs. 2-6(a), 7, 8, Oct. 18,
1988, 102 Stat. 2507-2514; Pub. L. 101-508, title VII, Sec. 7201(b)(1),
Nov. 5, 1990, 104 Stat. 1388-334; Pub. L. 103-66, title XIII,
Sec. 13581(c), Aug. 10, 1993, 107 Stat. 611; Pub. L. 104-193, title I,
Sec. 110(w), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-226,
Sec. 1(b)(3), Oct. 2, 1996, 110 Stat. 3033; Pub. L. 104-316, title I,
Sec. 115(g)(2)(B), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 105-34, title
X, Sec. 1026(b)(2), Aug. 5, 1997, 111 Stat. 925; Pub. L. 105-362, title
XIII, Sec. 1301(d), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 106-170,
title IV, Sec. 402(a)(2), Dec. 17, 1999, 113 Stat. 1908; Pub. L. 108-
271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
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.
Codification
Section 552a of former Title 5, Executive Departments and Government
Officers and Employees, was transferred to section 2244 of Title 7,
Agriculture.
Amendments
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, Sec. 5, added pars.
(8) to (13).
Subsec. (e)(12). Pub. L. 100-503, Sec. 3(a), added par. (12).
Subsec. (f). Pub. L. 100-503, Sec. 7, substituted ''biennially'' for
''annually'' in last sentence.
Subsecs. (o) to (q). Pub. L. 100-503, Sec. 2(2), added subsecs. (o)
to (q). Former subsecs. (o) to (q) redesignated (r) to (t),
respectively.
Subsec. (r). Pub. L. 100-503, Sec. 3(b), inserted ''and matching
programs'' in heading and amended text generally. Prior to amendment,
text read as follows: ''Each agency shall provide adequate advance
notice to Congress and the Office of Management and Budget of any
proposal to establish or alter any system of records in order to permit
an evaluation of the probable or potential effect of such proposal on
the privacy and other personal or property rights of individuals or the
disclosure of information relating to such individuals, and its effect
on the preservation of the constitutional principles of federalism and
separation of powers.''
Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (o) as (r).
Subsec. (s). Pub. L. 100-503, Sec. 8, substituted ''Biennial'' for
''Annual'' in heading, ''biennially submit'' for ''annually submit'' in
introductory provisions, ''preceding 2 years'' for ''preceding year'' in
par. (1), and ''such years'' for ''such year'' in par. (2).
Pub. L. 100-503, Sec. 2(1), redesignated former subsec. (p) as (s).
Subsec. (t). Pub. L. 100-503, Sec. 2(1), redesignated former subsec.
(q) as (t).
Subsec. (u). Pub. L. 100-503, Sec. 4, added subsec. (u).
Subsec. (v). Pub. L. 100-503, Sec. 6(a), added subsec. (v).
1984--Subsec. (b)(6). Pub. L. 98-497, Sec. 107(g)(1), substituted
''National Archives and Records Administration'' for ''National Archives
of the United States'', and ''Archivist of the United States or the
designee of the Archivist'' for ''Administrator of General Services or
his designee''.
Subsec. (l)(1). Pub. L. 98-497, Sec. 107(g)(2), substituted
''Archivist of the United States'' for ''Administrator of General
Services'' in two places.
Subsec. (q). Pub. L. 98-477 designated existing provisions as par.
(1) and added par. (2).
1983--Subsec. (b)(12). Pub. L. 97-452 substituted ''section 3711(f)
of title 31'' for ''section 3(d) of the Federal Claims Collection Act of
1966 (31 U.S.C. 952(d))''.
Subsec. (m)(2). Pub. L. 97-452 substituted ''section 3711(f) of
title 31'' for ''section 3(d) of the Federal Claims Collection Act of
1966 (31 U.S.C. 952(d))''.
1982--Subsec. (b)(12). Pub. L. 97-365, Sec. 2(a), added par. (12).
Subsec. (e)(4). Pub. L. 97-375, Sec. 201(a), substituted ''upon
establishment or revision'' for ''at least annually'' after ''Federal
Register''.
Subsec. (m). Pub. L. 97-365, Sec. 2(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (p). Pub. L. 97-375, Sec. 201(b), substituted provisions
requiring annual submission of a report by the President to the Speaker
of the House and President pro tempore of the Senate relating to the
Director of the Office of Management and Budget, individual rights of
access, changes or additions to systems of records, and other necessary
or useful information, for provisions which had directed the President
to submit to the Speaker of the House and the President of the Senate,
by June 30 of each calendar year, a consolidated report, separately
listing for each Federal agency the number of records contained in any
system of records which were exempted from the application of this
section under the provisions of subsections (j) and (k) of this section
during the preceding calendar year, and the reasons for the exemptions,
and such other information as indicate efforts to administer fully this
section.
1975--Subsec. (g)(5). Pub. L. 94-183 substituted ''to September 27,
1975'' for ''to the effective date of this section''.
Change of Name
Committee on 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.
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, Sec. 2,
July 19, 1989, 103 Stat. 149, provided that:
''(a) In General.--Except as provided in subsections (b) and (c),
the amendments made by this Act [amending this section and repealing
provisions set out as a note below] shall take effect 9 months after the
date of enactment of this Act [Oct. 18, 1988].
''(b) Exceptions.--The amendment made by sections 3(b), 6, 7, and 8
of this Act [amending this section and repealing provisions set out as a
note below] shall take effect upon enactment.
''(c) Effective Date Delayed for Existing Programs.--In the case of
any matching program (as defined in section 552a(a)(8) of title 5,
United States Code, as added by section 5 of this Act) in operation
before June 1, 1989, the amendments made by this Act (other than the
amendments described in subsection (b)) shall take effect January 1,
1990, if--
''(1) such matching program is identified by an agency as being
in operation before June 1, 1989; and
''(2) such identification is--
''(A) submitted by the agency to the Committee on
Governmental Affairs of the Senate, the Committee on Government
Operations of the House of Representatives, and the Office of
Management and Budget before August 1, 1989, in a report which
contains a schedule showing the dates on which the agency
expects to have such matching program in compliance with the
amendments made by this Act, and
''(B) published by the Office of Management and Budget in
the Federal Register, before September 15, 1989.''
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
Effective Date
Section 8 of Pub. L. 93-579 provided that: ''The provisions of this
Act [enacting this section and provisions set out as notes under this
section] shall be effective on and after the date of enactment [Dec. 31,
1974], except that the amendments made by sections 3 and 4 [enacting
this section and amending analysis preceding section 500 of this title]
shall become effective 270 days following the day on which this Act is
enacted.''
Short Title of 1990 Amendment
Section 7201(a) of Pub. L. 101-508 provided that: ''This section
[amending this section and enacting provisions set out as notes below]
may be cited as the 'Computer Matching and Privacy Protection Amendments
of 1990'.''
Short Title of 1989 Amendment
Pub. L. 101-56, Sec. 1, July 19, 1989, 103 Stat. 149, provided that:
''This Act [amending section 10 of Pub. L. 100-503, set out as a note
above] may be cited as the 'Computer Matching and Privacy Protection Act
Amendments of 1989'.''
Short Title of 1988 Amendment
Section 1 of Pub. L. 100-503 provided that: ''This Act [amending
this section, enacting provisions set out as notes above and below, and
repealing provisions set out as a note below] may be cited as the
'Computer Matching and Privacy Protection Act of 1988'.''
Short Title 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.
Privacy and Data Protection Policies and Procedures
Pub. L. 108-447, div. H, title V, Sec. 522, Dec. 8, 2004, 118 Stat.
3268, provided that:
''(a) Privacy Officer.--Each agency shall have a Chief Privacy
Officer to assume primary responsibility for privacy and data protection
policy, including--
''(1) assuring that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection, and
disclosure of information in an identifiable form;
''(2) assuring that technologies used to collect, use, store,
and disclose information in identifiable form allow for continuous
auditing of compliance with stated privacy policies and practices
governing the collection, use and distribution of information in the
operation of the program;
''(3) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as defined in the Privacy Act of 1974 [see
Short Title of 1974 Amendment note, set out above];
''(4) evaluating legislative and regulatory proposals involving
collection, use, and disclosure of personal information by the
Federal Government;
''(5) conducting a privacy impact assessment of proposed rules
of the Department on the privacy of information in an identifiable
form, including the type of personally identifiable information
collected and the number of people affected;
''(6) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of section 552a of
title 5, 11 [sic] United States Code, internal controls, and other
relevant matters;
''(7) ensuring that the Department protects information in an
identifiable form and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction;
''(8) training and educating employees on privacy and data
protection policies to promote awareness of and compliance with
established privacy and data protection policies; and
''(9) ensuring compliance with the Departments established
privacy and data protection policies.
''(b) Establishing Privacy and Data Protection Procedures and
Policies.--
''(1) [sic] In general.--Within 12 months of enactment of this
Act [Dec. 8, 2004], each agency shall establish and implement
comprehensive privacy and data protection procedures governing the
agency's collection, use, sharing, disclosure, transfer, storage and
security of information in an identifiable form relating to the
agency employees and the public. Such procedures shall be consistent
with legal and regulatory guidance, including OMB regulations, the
Privacy Act of 1974, and section 208 of the E-Government Act of 2002
[section 208 of Pub. L. 107-347, set out in a note under section
3501 of Title 44, Public Printing and Documents].
''(c) Recording.--Each agency shall prepare a written report of its
use of information in an identifiable form, along with its privacy and
data protection policies and procedures and record it with the Inspector
General of the agency to serve as a benchmark for the agency. Each
report shall be signed by the agency privacy officer to verify that the
agency intends to comply with the procedures in the report. By signing
the report the privacy officer also verifies that the agency is only
using information in identifiable form as detailed in the report.
''(d) Independent, Third-Party Review.--
''(1) In general.--At least every 2 years, each agency shall
have performed an independent, third party review of the use of
information in identifiable form as the privacy and data protection
procedures of the agency to--
''(A) determine the accuracy of the description of the use
of information in identifiable form;
''(B) determine the effectiveness of the privacy and data
protection procedures;
''(C) ensure compliance with the stated privacy and data
protection policies of the agency and applicable laws and
regulations; and
''(D) ensure that all technologies used to collect, use,
store, and disclose information in identifiable form allow for
continuous auditing of compliance with stated privacy policies
and practices governing the collection, use and distribution of
information in the operation of the program.
''(2) Purposes.--The purposes of reviews under this subsection
are to--
''(A) ensure the agency's description of the use of
information in an identifiable form is accurate and accounts for
the agency's current technology and its processing of
information in an identifiable form;
''(B) measure actual privacy and data protection practices
against the agency's recorded privacy and data protection
procedures;
''(C) ensure compliance and consistency with both online and
offline stated privacy and data protection policies; and
''(D) provide agencies with ongoing awareness and
recommendations regarding privacy and data protection
procedures.
''(3) Requirements of review.--The Inspector General of each
agency shall contract with an independent, third party that is a
recognized leader in privacy consulting, privacy technology, data
collection and data use management, and global privacy issues, to--
''(A) evaluate the agency's use of information in
identifiable form;
''(B) evaluate the privacy and data protection procedures of
the agency; and
''(C) recommend strategies and specific steps to improve
privacy and data protection management.
''(4) Content.--Each review under this subsection shall
include--
''(A) a review of the agency's technology, practices and
procedures with regard to the collection, use, sharing,
disclosure, transfer and storage of information in identifiable
form;
''(B) a review of the agency's stated privacy and data
protection procedures with regard to the collection, use,
sharing, disclosure, transfer, and security of personal
information in identifiable form relating to agency employees
and the public;
''(C) a detailed analysis of agency intranet, network and
Websites for privacy vulnerabilities, including--
''(i) noncompliance with stated practices, procedures
and policies; and
''(ii) risks for inadvertent release of information in
an identifiable form from the website of the agency; and
''(D) a review of agency compliance with this Act [div. H of
Pub. L. 108-447, see Tables for classification].
''(e) Report.--
''(1) In general.--Upon completion of a review, the Inspector
General of an agency shall submit to the head of that agency a
detailed report on the review, including recommendations for
improvements or enhancements to management of information in
identifiable form, and the privacy and data protection procedures of
the agency.
''(2) Internet availability.--Each agency shall make each
independent third party review, and each report of the Inspector
General relating to that review available to the public.
''(f) Definition.--In this section, the definition of 'identifiable
form' is consistent with Public Law 107-347, the E-Government Act of
2002 [see Tables for classification], and means any representation of
information that permits the identity of an individual to whom the
information applies to be reasonably inferred by either direct or
indirect means.''
Publication of Guidance Under Subsection (p)(1)(A)(ii)
Section 7201(b)(2) of Pub. L. 101-508 provided that: ''Not later
than 90 days after the date of the enactment of this Act [Nov. 5, 1990],
the Director of the Office of Management and Budget shall publish
guidance under subsection (p)(1)(A)(ii) of section 552a of title 5,
United States Code, as amended by this Act.''
Limitation on Application of Verification Requirement
Section 7201(c) of Pub. L. 101-508 provided that: ''Section
552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by
section 2 [probably means section 7201(b)(1) of Pub. L. 101-508], shall
not apply to a program referred to in paragraph (1), (2), or (4) of
section 1137(b) of the Social Security Act (42 U.S.C. 1320b-7), until
the earlier of--
''(1) the date on which the Data Integrity Board of the Federal
agency which administers that program determines that there is not a
high degree of confidence that information provided by that agency
under Federal matching programs is accurate; or
''(2) 30 days after the date of publication of guidance under
section 2(b) [probably means section 7201(b)(2) of Pub. L. 101-508,
set out as a note above].''
Effective Date Delayed for Certain Education Benefits Computer Matching
Programs
Pub. L. 101-366, title II, Sec. 206(d), Aug. 15, 1990, 104 Stat.
442, provided that:
''(1) In the case of computer matching programs between the
Department of Veterans Affairs and the Department of Defense in the
administration of education benefits programs under chapters 30 and 32
of title 38 and chapter 106 of title 10, United States Code, the
amendments made to section 552a of title 5, United States Code, by the
Computer Matching and Privacy Protection Act of 1988 [Pub. L. 100-503]
(other than the amendments made by section 10(b) of that Act) [see
Effective Date of 1988 Amendment note above] shall take effect on
October 1, 1990.
''(2) For purposes of this subsection, the term 'matching program'
has the same meaning provided in section 552a(a)(8) of title 5, United
States Code.''
Implementation Guidance for 1988 Amendments
Section 6(b) of Pub. L. 100-503 provided that: ''The Director shall,
pursuant to section 552a(v) of title 5, United States Code, develop
guidelines and regulations for the use of agencies in implementing the
amendments made by this Act [amending this section and repealing
provisions set out as a note below] not later than 8 months after the
date of enactment of this Act [Oct. 18, 1988].''
Construction of 1988 Amendments
Section 9 of Pub. L. 100-503 provided that: ''Nothing in the
amendments made by this Act [amending this section and repealing
provisions set out as a note below] shall be construed to authorize--
''(1) the establishment or maintenance by any agency of a
national data bank that combines, merges, or links information on
individuals maintained in systems of records by other Federal
agencies;
''(2) the direct linking of computerized systems of records
maintained by Federal agencies;
''(3) the computer matching of records not otherwise authorized
by law; or
''(4) the disclosure of records for computer matching except to
a Federal, State, or local agency.''
Congressional Findings and Statement of Purpose
Section 2 of Pub. L. 93-579 provided that:
''(a) The Congress finds that--
''(1) the privacy of an individual is directly affected by the
collection, maintenance, use, and dissemination of personal
information by Federal agencies;
''(2) the increasing use of computers and sophisticated
information technology, while essential to the efficient operations
of the Government, has greatly magnified the harm to individual
privacy that can occur from any collection, maintenance, use, or
dissemination of personal information;
''(3) the opportunities for an individual to secure employment,
insurance, and credit, and his right to due process, and other legal
protections are endangered by the misuse of certain information
systems;
''(4) the right to privacy is a personal and fundamental right
protected by the Constitution of the United States; and
''(5) in order to protect the privacy of individuals identified
in information systems maintained by Federal agencies, it is
necessary and proper for the Congress to regulate the collection,
maintenance, use, and dissemination of information by such agencies.
''(b) The purpose of this Act [enacting this section and provisions
set out as notes under this section] is to provide certain safeguards
for an individual against an invasion of personal privacy by requiring
Federal agencies, except as otherwise provided by law, to--
''(1) permit an individual to determine what records pertaining
to him are collected, maintained, used, or disseminated by such
agencies;
''(2) permit an individual to prevent records pertaining to him
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,
Sec. 6(c), Oct. 18, 1988, 102 Stat. 2513.
Disclosure of Social Security Number
Section 7 of Pub. L. 93-579 provided that:
''(a)(1) It shall be unlawful for any Federal, State or local
government agency to deny to any individual any right, benefit, or
privilege provided by law because of such individual's refusal to
disclose his social security account number.
''(2) the [The] provisions of paragraph (1) of this subsection shall
not apply with respect to--
''(A) any disclosure which is required by Federal statute, or
''(B) the disclosure of a social security number to any Federal,
State, or local agency maintaining a system of records in existence
and operating before January 1, 1975, if such disclosure was
required under statute or regulation adopted prior to such date to
verify the identity of an individual.
''(b) Any Federal, State, or local government agency which requests
an individual to disclose his social security account number shall
inform that individual whether that disclosure is mandatory or
voluntary, by what statutory or other authority such number is
solicited, and what uses will be made of it.''
Authorization of Appropriations to Privacy Protection Study Commission
Section 9 of Pub. L. 93-579, as amended by Pub. L. 94-394, Sept. 3,
1976, 90 Stat. 1198, authorized appropriations for the period beginning
July 1, 1975, and ending on September 30, 1977.
Classified National Security Information
For provisions relating to a response to a request for information
under this section when the fact of its existence or nonexistence is
itself classified or when it was originally classified by another
agency, see Ex. Ord. No. 12958, Sec. 3.7, Apr. 17, 1995, 60 F.R. 19835,
set out as a note under section 435 of Title 50, War and National
Defense.
All information gathered will be used to help the conservationist/Wildlife management team build a better program.