THE PRIVACY ACT OF 1974

5 U.S.C. 552a As Amended

552a. Records maintained on individuals (a) Definitions For purposes of this section-(1) the term "a enc!" means a enc! as defined in section 552(f) of this title" (2) the term "individual" means a citi#en of the $nited %tates or an alien la&full! admitted for permanent residence" (') the term "maintain" includes maintain( collect( use or disseminate" ()) the term "record" means an! item( collection( or roupin of information a*out an individual that is maintained *! an a enc!( includin ( *ut not limited to( his education( financial transactions( medical histor!( and criminal or emplo!ment histor! and that contains his name( or the identif!in num*er( s!m*ol( or other identif!in particular assi ned to the individual( such as a fin er or voice print or a photo raph" (5) the term "s!stem of records" means a roup of an! records under the control of an! a enc! from &hich information is retrieved *! the name of the individual or *! some identif!in num*er( s!m*ol( or other identif!in particular assi ned to the individual" (+) the term "statistical record" means a record in a s!stem of records maintained for statistical research or reportin purposes onl! and not used in &hole or in part in ma,in an! determination a*out an identifia*le individual( e-cept as provided *! section . of /itle 1'" (0) the term "routine use" means( &ith respect to the disclosure of a record( the use of such record for a purpose &hich is compati*le &ith the purpose for &hich it &as collected" (.) the term "matchin pro ram"-(A) means an! computeri#ed comparison of-(i) t&o or more automated s!stems of records or a s!stem of records &ith non-Federal records for the purpose of--

(1) esta*lishin or verif!in the eli i*ilit! of( or continuin compliance &ith statutor! and re ulator! re2uirements *!( applicants for( recipients or *eneficiaries of( participants in( or providers of services &ith respect to( cash or in-,ind assistance or pa!ments under Federal *enefit pro rams( or (11) recoupin pa!ments or delin2uent de*ts under such Federal *enefit pro rams( or (ii) t&o or more automated Federal personnel or pa!roll s!stems of records or a s!stem of Federal personnel or pa!roll records &ith nonFederal records( (3) *ut does not include-(i) matches performed to produce a re ate statistical data &ithout an! personal identifiers" (ii) matches performed to support an! research or statistical pro4ect( the specific data of &hich ma! not *e used to ma,e decisions concernin the ri hts( *enefits( or privile es of specific individuals" (iii) matches performed( *! an a enc! (or component thereof) &hich performs as its principal function an! activit! pertainin to the enforcement of criminal la&s( su*se2uent to the initiation of a specific criminal or civil la& enforcement investi ation of a named person or persons for the purpose of atherin evidence a ainst such person or persons" (iv) matches of ta- information (1) pursuant to section +15'(d) of the 1nternal Revenue 6ode of 17.+( (11) for purposes of ta- administration as defined in section +15'(*)()) of such 6ode( (111) for the purpose of interceptin a ta- refund due an individual under authorit! ranted *! section )5)(e)( )+)( or 11'0 of the %ocial %ecurit! Act" or (18) for the purpose of interceptin a ta- refund due an individual under an! other tarefund intercept pro ram authori#ed *! statute &hich has *een determined *! the Director of the 9ffice of :ana ement and 3ud et to contain verification( notice( and hearin re2uirements that are su*stantiall! similar to the procedures in section 11'0 of the %ocial %ecurit! Act" (v) matches-(1) usin records predominantl! relatin to Federal personnel( that are performed for routine administrative purposes (su*4ect to uidance provided *! the Director of the 9ffice of :ana ement and 3ud et pursuant to su*section (v))" or (11) conducted *! an a enc! usin onl! records from s!stems of records maintained *! that a enc!" if the purpose of the match is not to ta,e an! adverse financial( personnel( disciplinar!( or other adverse action a ainst Federal personnel" or

(vi) matches performed for forei n counterintelli ence purposes or to produce *ac, round chec,s for securit! clearances of Federal personnel or Federal contractor personnel" (vii) matches performed incident to a lev! descri*ed in section +15'(,)(.) of the 1nternal Revenue 6ode of 17.+" or (viii) matches performed pursuant to section 252(-)(') or 1+11(e)(1) of the %ocial %ecurit! Act ()2 $.%.6. )52(-)(')( 1'.2(e)(1)" (7) the term "recipient a enc!" means an! a enc!( or contractor thereof( receivin records contained in a s!stem of records from a source a enc! for use in a matchin pro ram" (15) the term "non-Federal a enc!" means an! %tate or local overnment( or a enc! thereof( &hich receives records contained in a s!stem of records from a source a enc! for use in a matchin pro ram" (11) the term "source a enc!" means an! a enc! &hich discloses records contained in a s!stem of records to *e used in a matchin pro ram( or an! %tate or local overnment( or a enc! thereof( &hich discloses records to *e used in a matchin pro ram" (12) the term "Federal *enefit pro ram" means an! pro ram administered or funded *! the Federal ;overnment( or *! an! a ent or %tate on *ehalf of the Federal ;overnment( providin cash or in-,ind assistance in the form of pa!ments( rants( loans( or loan uarantees to individuals" and (1') the term "Federal personnel" means officers and emplo!ees of the ;overnment of the $nited %tates( mem*ers of the uniformed services (includin mem*ers of the Reserve 6omponents)( individuals entitled to receive immediate or deferred retirement *enefits under an! retirement pro ram of the ;overnment of the $nited %tates (includin survivor *enefits). (*) 6onditions of disclosure <o a enc! shall disclose an! record &hich is contained in a s!stem of records *! an! means of communication to an! person( or to another a enc!( e-cept pursuant to a &ritten re2uest *!( or &ith the prior &ritten consent of( the individual to &hom the record pertains( unless disclosure of the record &ould *e-(1) to those officers and emplo!ees of the a enc! &hich maintains the record &ho have a need for the record in the performance of their duties" (2) re2uired under section 552 of this title" (') for a routine use as defined in su*section (a)(0) of this section and descri*ed under su*section (e)())(D) of this section"

()) to the 3ureau of the 6ensus for purposes of plannin or carr!in out a census or surve! or related activit! pursuant to the provisions of /itle 1'" (5) to a recipient &ho has provided the a enc! &ith advance ade2uate &ritten assurance that the record &ill *e used solel! as a statistical research or reportin record( and the record is to *e transferred in a form that is not individuall! identifia*le" (+) to the <ational Archives and Records Administration as a record &hich has sufficient historical or other value to &arrant its continued preservation *! the $nited %tates ;overnment( or for evaluation *! the Archivist of the $nited %tates or the desi nee of the Archivist to determine &hether the record has such value" (0) to another a enc! or to an instrumentalit! of an! overnmental 4urisdiction &ithin or under the control of the $nited %tates for a civil or criminal la& enforcement activit! if the activit! is authori#ed *! la&( and if the head of the a enc! or instrumentalit! has made a &ritten re2uest to the a enc! &hich maintains the record specif!in the particular portion desired and the la& enforcement activit! for &hich the record is sou ht" (.) to a person pursuant to a sho&in of compellin circumstances affectin the health or safet! of an individual if upon such disclosure notification is transmitted to the last ,no&n address of such individual" (7) to either =ouse of 6on ress( or( to the e-tent of matter &ithin its 4urisdiction( an! committee or su*committee thereof( an! 4oint committee of 6on ress or su*committee of an! such 4oint committee" (15) to the 6omptroller ;eneral( or an! of his authori#ed representatives( in the course of the performance of the duties of the ;eneral Accountin 9ffice" (11) pursuant to the order of a court of competent 4urisdiction" or (12) to a consumer reportin a enc! in accordance &ith section '011(e) of /itle '1. (c) Accountin of 6ertain Disclosures >ach a enc!( &ith respect to each s!stem of records under its control( shall-(1) e-cept for disclosures made under su*sections (*)(1) or (*)(2) of this section( ,eep an accurate accountin of-(A) the date( nature( and purpose of each disclosure of a record to an! person or to another a enc! made under su*section (*) of this section" and (3) the name and address of the person or a enc! to &hom the disclosure is made"

(2) retain the accountin made under para raph (1) of this su*section for at least five !ears or the life of the record( &hichever is lon er( after the disclosure for &hich the accountin is made" (') e-cept for disclosures made under su*section (*)(0) of this section( ma,e the accountin made under para raph (1) of this su*section availa*le to the individual named in the record at his re2uest" and ()) inform an! person or other a enc! a*out an! correction or notation of dispute made *! the a enc! in accordance &ith su*section (d) of this section of an! record that has *een disclosed to the person or a enc! if an accountin of the disclosure &as made. (d) Access to records >ach a enc! that maintains a s!stem of records shall-(1) upon re2uest *! an! individual to ain access to his record or to an! information pertainin to him &hich is contained in the s!stem( permit him and upon his re2uest( a person of his o&n choosin to accompan! him( to revie& the record and have a cop! made of all or an! portion thereof in a form comprehensi*le to him( e-cept that the a enc! ma! re2uire the individual to furnish a &ritten statement authori#in discussion of that individual?s record in the accompan!in person?s presence" (2) permit the individual to re2uest amendment of a record pertainin to him and-(A) not later than 15 da!s (e-cludin %aturda!s( %unda!s( and le al pu*lic holida!s) after the date of receipt of such re2uest( ac,no&led e in &ritin such receipt" and (3) promptl!( either-(i) ma,e an! correction of an! portion thereof &hich the individual *elieves is not accurate( relevant( timel!( or complete" or (ii) inform the individual of its refusal to amend the record in accordance &ith his re2uest( the reason for the refusal( the procedures esta*lished *! the a enc! for the individual to re2uest a revie& of that refusal *! the head of the a enc! or an officer desi nated *! the head of the a enc!( and the name and *usiness address of that official" (') permit the individual &ho disa rees &ith the refusal of the a enc! to amend his record to re2uest a revie& of such refusal( and not later than '5 da!s (e-cludin %aturda!s( %unda!s( and le al pu*lic holida!s) from the date on &hich the individual re2uests such revie&( complete such revie& and ma,e a final determination unless( for ood cause sho&n( the head of the a enc! e-tends such '5-da! period" and if( after his revie&( the revie&in official also refuses to amend the record in accordance &ith the re2uest( permit the individual to file &ith

the a enc! a concise statement settin forth the reasons for his disa reement &ith the refusal of the a enc!( and notif! the individual of the provisions for 4udicial revie& of the revie&in official?s determination under su*section ( )(1)(A) of this section" ()) in an! disclosure( containin information a*out &hich the individual has filed a statement of disa reement( occurrin after the filin of the statement under para raph (') of this su*section( clearl! note an! portion of the record &hich is disputed and provide copies of the statement and( if the a enc! deems it appropriate( copies of a concise statement of the reasons of the a enc! for not ma,in the amendments re2uested( to persons or other a encies to &hom the disputed record has *een disclosed" and (5) nothin in this section shall allo& an individual access to an! information compiled in reasona*le anticipation of a civil action or proceedin . (e) A enc! re2uirements >ach a enc! that maintains a s!stem of records shall-(1) maintain in its records onl! such information a*out an individual as is relevant and necessar! to accomplish a purpose of the a enc! re2uired to *e accomplished *! statute or *! >-ecutive order of the @resident" (2) collect information to the reatest e-tent practica*le directl! from the su*4ect individual &hen the information ma! result in adverse determinations a*out an individual?s ri hts( *enefits( and privile es under Federal pro rams" (') inform each individual &hom it as,s to suppl! information( on the form &hich it uses to collect the information or on a separate form that can *e retained *! the individual-(A) the authorit! (&hether ranted *! statute( or *! >-ecutive order of the @resident) &hich authori#es the solicitation of the information and &hether disclosure of such information is mandator! or voluntar!" (3) the principal purpose or purposes for &hich the information is intended to *e used" (6) the routine uses &hich ma! *e made of the information( as pu*lished pursuant to para raph ())(D) of this su*section" and (D) the effects on him( if an!( of not providin all or an! part of the re2uested information" ()) su*4ect to the provisions of para raph (11) of this su*section( pu*lish in the Federal Re ister upon esta*lishment or revision a notice of the e-istence and character of the s!stem of records( &hich notice shall include-(A) the name and location of the s!stem"

(3) the cate ories of individuals on &hom records are maintained in the s!stem" (6) the cate ories of records maintained in the s!stem" (D) each routine use of the records contained in the s!stem( includin the cate ories of users and the purpose of such use" (>) the policies and practices of the a enc! re ardin stora e( retrieva*ilit!( access controls( retention( and disposal of the records" (F) the title and *usiness address of the a enc! official &ho is responsi*le for the s!stem of records" (;) the a enc! procedures &here*! an individual can *e notified at his re2uest if the s!stem of records contains a record pertainin to him" (=) the a enc! procedures &here*! an individual can *e notified at his re2uest ho& he can ain access to an! record pertainin to him contained in the s!stem of records( and ho& he can contest its content" and (1) the cate ories of sources of records in the s!stem" (5) maintain all records &hich are used *! the a enc! in ma,in an! determination a*out an! individual &ith such accurac!( relevance( timeliness( and completeness as is reasona*l! necessar! to assure fairness to the individual in the determination" (+) prior to disseminatin an! record a*out an individual to an! person other than an a enc!( unless the dissemination is made pursuant to su*section (*)(2) of this section( ma,e reasona*le efforts to assure that such records are accurate( complete( timel!( and relevant for a enc! purposes" (0) maintain no record descri*in ho& an! individual e-ercises ri hts uaranteed *! the First Amendment unless e-pressl! authori#ed *! statute or *! the individual a*out &hom the record is maintained or unless pertinent to and &ithin the scope of an authori#ed la& enforcement activit!" (.) ma,e reasona*le efforts to serve notice on an individual &hen an! record on such individual is made availa*le to an! person under compulsor! le al process &hen such process *ecomes a matter of pu*lic record" (7) esta*lish rules of conduct for persons involved in the desi n( development( operation( or maintenance of an! s!stem of records( or in maintainin an! record( and instruct each such person &ith respect to such rules and the re2uirements of this section( includin an! other rules and procedures adopted pursuant to this section and the penalties for noncompliance"

(15) esta*lish appropriate administrative( technical and ph!sical safe uards to insure the securit! and confidentialit! of records and to protect a ainst an! anticipated threats or ha#ards to their securit! or inte rit! &hich could result in su*stantial harm( em*arrassment( inconvenience( or unfairness to an! individual on &hom information is maintained" (11) at least '5 da!s prior to pu*lication of information under para raph ())(D) of this su*section( pu*lish in the Federal Re ister notice of an! ne& use or intended use of the information in the s!stem( and provide an opportunit! for interested persons to su*mit &ritten data( vie&s( or ar uments to the a enc!" and (12) if such a enc! is a recipient a enc! or a source a enc! in a matchin pro ram &ith a non-Federal a enc!( &ith respect to an! esta*lishment or revision of a matchin pro ram( at least '5 da!s prior to conductin such pro ram( pu*lish in the Federal Re ister notice of such esta*lishment or revision. (f) A enc! rules 1n order to carr! out the provisions of this section( each a enc! that maintains a s!stem of records shall promul ate rules( in accordance &ith the re2uirements (includin eneral notice) of section 55' of this title( &hich shall-(1) esta*lish procedures &here*! an individual can *e notified in response to his re2uest if an! s!stem of records named *! the individual contains a record pertainin to him" (2) define reasona*le times( places( and re2uirements for identif!in an individual &ho re2uests his record or information pertainin to him *efore the a enc! shall ma,e the record or information availa*le to the individual" (') esta*lish procedures for the disclosure to an individual upon his re2uest of his record or information pertainin to him( includin special procedure( if deemed necessar!( for the disclosure to an individual of medical records( includin ps!cholo ical records( pertainin to him" ()) esta*lish procedures for revie&in a re2uest from an individual concernin the amendment of an! record or information pertainin to the individual( for ma,in a determination on the re2uest( for an appeal &ithin the a enc! of an initial adverse a enc! determination( and for &hatever additional means ma! *e necessar! for each individual to *e a*le to e-ercise full! his ri hts under this section" and (5) esta*lish fees to *e char ed( if an!( to an! individual for ma,in copies of his record( e-cludin the cost of an! search for and revie& of the record. /he 9ffice of the Federal Re ister shall *ienniall! compile and pu*lish the rules promul ated under this su*section and a enc! notices pu*lished under su*section (e)()) of this section in a form availa*le to the pu*lic at lo& cost. ( )(1) 6ivil remedies

Ahenever an! a enc! (A) ma,es a determination under su*section (d)(') of this section not to amend an individual?s record in accordance &ith his re2uest( or fails to ma,e such revie& in conformit! &ith that su*section" (3) refuses to compl! &ith an individual re2uest under su*section (d)(1) of this section" (6) fails to maintain an! record concernin an! individual &ith such accurac!( relevance( timeliness( and completeness as is necessar! to assure fairness in an! determination relatin to the 2ualifications( character( ri hts( or opportunities of( or *enefits to the individual that ma! *e made on the *asis of such record( and conse2uentl! a determination is made &hich is adverse to the individual" or (D) fails to compl! &ith an! other provision of this section( or an! rule promul ated thereunder( in such a &a! as to have an adverse effect on an individual( the individual ma! *rin a civil action a ainst the a enc!( and the district courts of the $nited %tates shall have 4urisdiction in the matters under the provisions of this su*section. (2)(A) 1n an! suit *rou ht under the provisions of su*section ( )(1)(A) of this section( the court ma! order the a enc! to amend the individual?s record in accordance &ith his re2uest or in such other &a! as the court ma! direct. 1n such a case the court shall determine the matter de novo. (3) /he court ma! assess a ainst the $nited %tates reasona*le attorne! fees and other liti ation costs reasona*l! incurred in an! case under this para raph in &hich the complainant has su*stantiall! prevailed. (')(A) 1n an! suit *rou ht under the provisions of su*section ( )(1)(3) of this section( the court ma! en4oin the a enc! from &ithholdin the records and order the production to the complainant of an! a enc! records improperl! &ithheld from him. 1n such a case the court shall determine the matter de novo( and ma! e-amine the contents of an! a enc! records in camera to determine &hether the records or an! portion thereof ma! *e &ithheld under an! of the e-emptions set forth in su*section (,) of this section( and the *urden is on the a enc! to sustain its action. (3) /he court ma! assess a ainst the $nited %tates reasona*le attorne! fees and other liti ation costs reasona*l! incurred in an! case under this para raph in &hich the complainant has su*stantiall! prevailed. ()) 1n an! suit *rou ht under the provisions of su*section ( )(1)(6) or (D) of this section in &hich the court determines that the a enc! acted in a manner &hich &as intentional or &illful( the $nited %tates shall *e lia*le to the individual in an amount e2ual to the sum of-(A) actual dama es sustained *! the individual as a result of the refusal or failure( *ut in no case shall a person entitled to recover! receive less than the sum of B1(555" and

(3) the costs of the action to ether &ith reasona*le attorne! fees as determined *! the court. (5) An action to enforce an! lia*ilit! created under this section ma! *e *rou ht in the district court of the $nited %tates in the district in &hich the complainant resides( or has his principal place of *usiness( or in &hich the a enc! records are situated( or in the District of 6olum*ia( &ithout re ard to the amount in controvers!( &ithin t&o !ears from the date on &hich the cause of action arises( e-cept that &here an a enc! has materiall! and &illfull! misrepresented an! information re2uired under this section to *e disclosed to an individual and the information so misrepresented is material to esta*lishment of the lia*ilit! of the a enc! to the individual under this section( the action ma! *e *rou ht at an! time &ithin t&o !ears after discover! *! the individual of the misrepresentation. <othin in this section shall *e construed to authori#e an! civil action *! reason of an! in4ur! sustained as the result of a disclosure of a record prior to %eptem*er 20( 1705. (h) Ri hts of le al uardians For the purposes of this section( the parent of an! minor( or the le al uardian of an! individual &ho has *een declared to *e incompetent due to ph!sical or mental incapacit! or a e *! a court of competent 4urisdiction( ma! act on *ehalf of the individual. (i)(1) 6riminal penalties An! officer or emplo!ee of an a enc!( &ho *! virtue of his emplo!ment or official position( has possession of( or access to( a enc! records &hich contain individuall! identifia*le information the disclosure of &hich is prohi*ited *! this section or *! rules or re ulations esta*lished thereunder( and &ho ,no&in that disclosure of the specific material is so prohi*ited( &illfull! discloses the material in an! manner to an! person or a enc! not entitled to receive it( shall *e uilt! of a misdemeanor and fined not more than B5(555. (2) An! officer or emplo!ee of an! a enc! &ho &illfull! maintains a s!stem of records &ithout meetin the notice re2uirements of su*section (e)()) of this section shall *e uilt! of a misdemeanor and fined not more than B5(555. (') An! person &ho ,no&in l! and &illfull! re2uests or o*tains an! record concernin an individual from an a enc! under false pretenses shall *e uilt! of a misdemeanor and fined not more than B5(555. (4) ;eneral e-emptions /he head of an! a enc! ma! promul ate rules( in accordance &ith the re2uirements (includin eneral notice) of sections 55'(*)(1)( (2)( and (')( (c)( and (e) of this title( to e-empt an! s!stem of records &ithin the a enc! from an! part of this section e-cept su*sections (*)( (c)(1) and (2)( (e)())(A) throu h (F)( (e)(+)( (0)( (7)( (15)( and (11)( and (i) if the s!stem of records is-(1) maintained *! the 6entral 1ntelli ence A enc!" or

(2) maintained *! an a enc! or component thereof &hich performs as its principal function an! activit! pertainin to the enforcement of criminal la&s( includin police efforts to prevent( control( or reduce crime or to apprehend criminals( and the activities of prosecutors( courts( correctional( pro*ation( pardon( or parole authorities( and &hich consists of (A) information compiled for the purpose of identif!in individual criminal offenders and alle ed offenders and consistin onl! of identif!in data and notations of arrests( the nature and disposition of criminal char es( sentencin ( confinement( release( and parole and pro*ation status" (3) information compiled for the purpose of a criminal investi ation( includin reports of informants and investi ators( and associated &ith an identifia*le individual" or (6) reports identifia*le to an individual compiled at an! sta e of the process of enforcement of the criminal la&s from arrest or indictment throu h release from supervision. At the time rules are adopted under this su*section( the a enc! shall include in the statement re2uired under section 55'(c) of this title( the reasons &h! the s!stem of records is to *e e-empted from a provision of this section. (,) %pecific e-emptions /he head of an! a enc! ma! promul ate rules( in accordance &ith the re2uirements (includin eneral notice) of sections 55'(*)(1)( (2)( and (')( (c)( and (e) of this title( to e-empt an! s!stem of records &ithin the a enc! from su*sections (c)(')( (d)( (e)(1)( (e) ())(;)( (=)( and (1) and (f) of this section if the s!stem of records is-(1) su*4ect to the provisions of section 552(*)(1) of this title" (2) investi ator! material compiled for la& enforcement purposes( other than material &ithin the scope of su*section (4)(2) of this sectionC @rovided( ho&ever( /hat if an! individual is denied an! ri ht( privile e( or *enefit that he &ould other&ise *e entitled *! Federal la&( or for &hich he &ould other&ise *e eli i*le( as a result of the maintenance of such material( such material shall *e provided to such individual( e-cept to the e-tent that the disclosure of such material &ould reveal the identit! of a source &ho furnished information to the ;overnment under an e-press promise that the identit! of the source &ould *e held in confidence( or( prior to the effective date of this section( under an implied promise that the identit! of the source &ould *e held in confidence" (') maintained in connection &ith providin protective services to the @resident of the $nited %tates or other individuals pursuant to section '55+ of /itle 1." ()) re2uired *! statute to *e maintained and used solel! as statistical records" (5) investi ator! material compiled solel! for the purpose of determinin suita*ilit!( eli i*ilit!( or 2ualifications for Federal civilian emplo!ment( militar! service( Federal contracts( or access to classified information( *ut onl! to the e-tent that the disclosure of such material &ould reveal the identit! of a source &ho furnished information to the ;overnment under an e-press promise that the identit! of the source &ould *e held in confidence( or( prior to the effective date

of this section( under an implied promise that the identit! of the source &ould *e held in confidence" (+) testin or e-amination material used solel! to determine individual 2ualifications for appointment or promotion in the Federal service the disclosure of &hich &ould compromise the o*4ectivit! or fairness of the testin or e-amination process" or (0) evaluation material used to determine potential for promotion in the armed services( *ut onl! to the e-tent that the disclosure of such material &ould reveal the identit! of a source &ho furnished information to the ;overnment under an e-press promise that the identit! of the source &ould *e held in confidence( or( prior to the effective date of this section( under an implied promise that the identit! of the source &ould *e held in confidence. At the time rules are adopted under this su*section( the a enc! shall include in the statement re2uired under section 55'(c) of this title( the reasons &h! the s!stem of records is to *e e-empted from a provision of this section. (1) Archival records (1) >ach a enc! record &hich is accepted *! the Archivist of the $nited %tates for stora e( processin ( and servicin in accordance &ith section '15' of /itle )) shall( for the purposes of this section( *e considered to *e maintained *! the a enc! &hich deposited the record and shall *e su*4ect to the provisions of this section. /he Archivist of the $nited %tates shall not disclose the record e-cept to the a enc! &hich maintains the record( or under rules esta*lished *! that a enc! &hich are not inconsistent &ith the provisions of this section. (2) >ach a enc! record pertainin to an identifia*le individual &hich &as transferred to the <ational Archives of the $nited %tates as a record &hich has sufficient historical or other value to &arrant its continued preservation *! the $nited %tates ;overnment( prior to the effective date of this section( shall( for the purposes of this section( *e considered to *e maintained *! the <ational Archives and shall not *e su*4ect to the provisions of this section( e-cept that a statement enerall! descri*in such records (modeled after the re2uirements relatin to records su*4ect to su*sections (e)())(A) throu h (;) of this section) shall *e pu*lished in the Federal Re ister. (') >ach a enc! record pertainin to an identifia*le individual &hich is transferred to the <ational Archives of the $nited %tates as a record &hich has sufficient historical or other value to &arrant its continued preservation *! the $nited %tates ;overnment( on or after the effective date of this section( shall( for the purposes of this section( *e considered to *e maintained *! the <ational Archives and shall *e e-empt from the re2uirements of this section e-cept su*sections (e)())(A) throu h (;) and (e)(7) of this section. (m) ;overnment contractors

(1) Ahen an a enc! provides *! a contract for the operation *! or on *ehalf of the a enc! of a s!stem of records to accomplish an a enc! function( the a enc! shall( consistent &ith its authorit!( cause the re2uirements of this section to *e applied to such s!stem. For purposes of su*section (i) of this section an! such contractor and an! emplo!ee of such contractor( if such contract is a reed to on or after the effective date of this section( shall *e considered to *e an emplo!ee of an a enc!. (2) A consumer reportin a enc! to &hich a record is disclosed under section '011(e) of /itle '1 shall not *e considered a contractor for the purposes of this section. (n) :ailin lists An individual?s name and address ma! not *e sold or rented *! an a enc! unless such action is specificall! authori#ed *! la&. /his provision shall not *e construed to re2uire the &ithholdin of names and addresses other&ise permitted to *e made pu*lic. (o) :atchin a reements -- (1) <o record &hich is contained in a s!stem of records ma! *e disclosed to a recipient a enc! or non-Federal a enc! for use in a computer matchin pro ram e-cept pursuant to a &ritten a reement *et&een the source a enc! and the recipient a enc! or non-Federal a enc! specif!in -(A) the purpose and le al authorit! for conductin the pro ram" (3) the 4ustification for the pro ram and the anticipated results( includin a specific estimate of an! savin s" (6) a description of the records that &ill *e matched( includin each data element that &ill *e used( the appro-imate num*er of records that &ill *e matched( and the pro4ected startin and completion dates of the matchin pro ram" (D) procedures for providin individuali#ed notice at the time of application( and notice periodicall! thereafter as directed *! the Data 1nte rit! 3oard of such a enc! (su*4ect to uidance provided *! the Director of the 9ffice of :ana ement and 3ud et pursuant to su*section (v))( to-(i) applicants for and recipients of financial assistance or pa!ments under Federal *enefit pro rams( and (ii) applicants for and holders of positions as Federal personnel( that an! information provided *! such applicants( recipients( holders( and individuals ma! *e su*4ect to verification throu h matchin pro rams" (>) procedures for verif!in information produced in such matchin pro ram as re2uired *! su*section (p)"

(F) procedures for the retention and timel! destruction of identifia*le records created *! a recipient a enc! or non-Federal a enc! in such matchin pro ram" (;) procedures for ensurin the administrative( technical( and ph!sical securit! of the records matched and the results of such pro rams" (=) prohi*itions on duplication and redisclosure of records provided *! the source a enc! &ithin or outside the recipient a enc! or the nonFederal a enc!( e-cept &here re2uired *! la& or essential to the conduct of the matchin pro ram" (1) procedures overnin the use *! a recipient a enc! or non-Federal a enc! of records provided in a matchin pro ram *! a source a enc!( includin procedures overnin return of the records to the source a enc! or destruction of records used in such pro ram" (D) information on assessments that have *een made on the accurac! of the records that &ill *e used in such matchin pro ram" and (E) that the 6omptroller ;eneral ma! have access to all records of a recipient a enc! or a non-Federal a enc! that the 6omptroller ;eneral deems necessar! in order to monitor or verif! compliance &ith the a reement. (2)(A) A cop! of each a reement entered into pursuant to para raph (1) shall-(i) *e transmitted to the 6ommittee on ;overnmental Affairs of the %enate and the 6ommittee on ;overnment 9perations of the =ouse of Representatives" and (ii) *e availa*le upon re2uest to the pu*lic. (3) <o such a reement shall *e effective until '5 da!s after the date on &hich such a cop! is transmitted pursuant to su*para raph (A)(i). (6) %uch an a reement shall remain in effect onl! for such period( not to e-ceed 1. months( as the Data 1nte rit! 3oard of the a enc! determines is appropriate in li ht of the purposes( and len th of time necessar! for the conduct( of the matchin pro ram. (D) Aithin ' months prior to the e-piration of such an a reement pursuant to su*para raph (6)( the Data 1nte rit! 3oard of the a enc! ma!( &ithout additional revie&( rene& the matchin a reement for a current( on oin matchin pro ram for not more than one additional !ear if-(i) such pro ram &ill *e conducted &ithout an! chan e" and

(ii) each part! to the a reement certifies to the 3oard in &ritin that the pro ram has *een conducted in compliance &ith the a reement. (p) 8erification and 9pportunit! to 6ontest Findin s (1) 1n order to protect an! individual &hose records are used in a matchin pro ram( no recipient a enc!( non-Federal a enc!( or source a enc! ma! suspend( terminate( reduce( or ma,e a final denial of an! financial assistance or pa!ment under a Federal *enefit pro ram to such individual( or ta,e other adverse action a ainst such individual( as a result of information produced *! such matchin pro ram( until-(A)(i) the a enc! has independentl! verified the information" or (ii) the Data 1nte rit! 3oard of the a enc!( or in the case of a nonFederal a enc! the Data 1nte rit! 3oard of the source a enc!( determines in accordance &ith uidance issued *! the Director of the 9ffice of :ana ement and 3ud et that-(1) the information is limited to identification and amount of *enefits paid *! the source a enc! under a Federal *enefit pro ram" and (11) there is a hi h de ree of confidence that the information provided to the recipient a enc! is accurate" (3) the individual receives a notice from the a enc! containin a statement of its findin s and informin the individual of the opportunit! to contest such findin s" and (6)(i) the e-piration of an! time period esta*lished for the pro ram *! statute or re ulation for the individual to respond to that notice" or (ii) in the case of a pro ram for &hich no such period is esta*lished( the end of the '5-da! period *e innin on the date on &hich notice under su*para raph (3) is mailed or other&ise provided to the individual. (2) 1ndependent verification referred to in para raph (1) re2uires investi ation and confirmation of specific information relatin to an individual that is used as a *asis for an adverse action a ainst the individual( includin &here applica*le investi ation and confirmation of-(A) the amount of an! asset or income involved" (3) &hether such individual actuall! has or had access to such asset or income for such individual?s o&n use" and (6) the period or periods &hen the individual actuall! had such asset or income.

(') <ot&ithstandin para raph (1)( an a enc! ma! ta,e an! appropriate action other&ise prohi*ited *! such para raph if the a enc! determines that the pu*lic health or pu*lic safet! ma! *e adversel! affected or si nificantl! threatened durin an! notice period re2uired *! such para raph. (2) %anctions (1) <ot&ithstandin an! other provision of la&( no source a enc! ma! disclose an! record &hich is contained in a s!stem of records to a recipient a enc! or nonFederal a enc! for a matchin pro ram if such source a enc! has reason to *elieve that the re2uirements of su*section (p)( or an! matchin a reement entered into pursuant to su*section (o)( or *oth( are not *ein met *! such recipient a enc!. (2) <o source a enc! ma! rene& a matchin a reement unless-(A) the recipient a enc! or non-Federal a enc! has certified that it has complied &ith the provisions of that a reement" and (3) the source a enc! has no reason to *elieve that the certification is inaccurate. (r) Report on ne& s!stems and matchin pro rams >ach a enc! that proposes to esta*lish or ma,e a si nificant chan e in a s!stem of records or a matchin pro ram shall provide ade2uate advance notice of an! such proposal (in duplicate) to the 6ommittee on ;overnment 9perations of the =ouse of Representatives( the 6ommittee on ;overnmental Affairs of the %enate( and the 9ffice of :ana ement and 3ud et in order to permit an evaluation of the pro*a*le or potential effect of such proposal on the privac! or other ri hts of individuals. (s) F3iennial reportG Repealed *! the Federal Reports >limination and %unset Act of 1775( @u*. H. <o. 15)-++( '55'( 157 %tat. 050( 0')-'+ (1775)( amended *! @u*. H. <o. 15+-11'( 2'+( 11' %tat. 1551( 1551A-'52 (1777) (chan in effective date to :a! 15( 2555). (t) >ffect of other la&s (1) <o a enc! shall rel! on an! e-emption contained in section 552 of this title to &ithhold from an individual an! record &hich is other&ise accessi*le to such individual under the provisions of this section. (2) <o a enc! shall rel! on an! e-emption in this section to &ithhold from an individual an! record &hich is other&ise accessi*le to such individual under the provisions of section 552 of this title. (u) Data 1nte rit! 3oards

(1) >ver! a enc! conductin or participatin in a matchin pro ram shall esta*lish a Data 1nte rit! 3oard to oversee and coordinate amon the various components of such a enc! the a enc!?s implementation of this section. (2) >ach Data 1nte rit! 3oard shall consist of senior officials desi nated *! the head of the a enc!( and shall include an! senior official desi nated *! the head of the a enc! as responsi*le for implementation of this section( and the inspector eneral of the a enc!( if an!. /he inspector eneral shall not serve as chairman of the Data 1nte rit! 3oard. (') >ach Data 1nte rit! 3oard-(A) shall revie&( approve( and maintain all &ritten a reements for receipt or disclosure of a enc! records for matchin pro rams to ensure compliance &ith su*section (o)( and all relevant statutes( re ulations( and uidelines" (3) shall revie& all matchin pro rams in &hich the a enc! has participated durin the !ear( either as a source a enc! or recipient a enc!( determine compliance &ith applica*le la&s( re ulations( uidelines( and a enc! a reements( and assess the costs and *enefits of such pro rams" (6) shall revie& all recurrin matchin pro rams in &hich the a enc! has participated durin the !ear( either as a source a enc! or recipient a enc!( for continued 4ustification for such disclosures" (D) shall compile an annual report( &hich shall *e su*mitted to the head of the a enc! and the 9ffice of :ana ement and 3ud et and made availa*le to the pu*lic on re2uest( descri*in the matchin activities of the a enc!( includin -(i) matchin pro rams in &hich the a enc! has participated as a source a enc! or recipient a enc!" (ii) matchin a reements proposed under su*section (o) that &ere disapproved *! the 3oard" (iii) an! chan es in mem*ership or structure of the 3oard in the precedin !ear" (iv) the reasons for an! &aiver of the re2uirement in para raph ()) of this section for completion and su*mission of a cost-*enefit anal!sis prior to the approval of a matchin pro ram" (v) an! violations of matchin a reements that have *een alle ed or identified and an! corrective action ta,en" and (vi) an! other information re2uired *! the Director of the 9ffice of :ana ement and 3ud et to *e included in such report"

(>) shall serve as a clearin house for receivin and providin information on the accurac!( completeness( and relia*ilit! of records used in matchin pro rams" (F) shall provide interpretation and uidance to a enc! components and personnel on the re2uirements of this section for matchin pro rams" (;) shall revie& a enc! record,eepin and disposal policies and practices for matchin pro rams to assure compliance &ith this section" and (=) ma! revie& and report on an! a enc! matchin activities that are not matchin pro rams. ())(A) >-cept as provided in su*para raphs (3) and (6)( a Data 1nte rit! 3oard shall not approve an! &ritten a reement for a matchin pro ram unless the a enc! has completed and su*mitted to such 3oard a cost-*enefit anal!sis of the proposed pro ram and such anal!sis demonstrates that the pro ram is li,el! to *e cost effective. (3) /he 3oard ma! &aive the re2uirements of su*para raph (A) of this para raph if it determines in &ritin ( in accordance &ith uidelines prescri*ed *! the Director of the 9ffice of :ana ement and 3ud et( that a cost-*enefit anal!sis is not re2uired. (6) A cost-*enefit anal!sis shall not *e re2uired under su*para raph (A) prior to the initial approval of a &ritten a reement for a matchin pro ram that is specificall! re2uired *! statute. An! su*se2uent &ritten a reement for such a pro ram shall not *e approved *! the Data 1nte rit! 3oard unless the a enc! has su*mitted a cost-*enefit anal!sis of the pro ram as conducted under the precedin approval of such a reement. (5)(A) 1f a matchin a reement is disapproved *! a Data 1nte rit! 3oard( an! part! to such a reement ma! appeal the disapproval to the Director of the 9ffice of :ana ement and 3ud et. /imel! notice of the filin of such an appeal shall *e provided *! the Director of the 9ffice of :ana ement and 3ud et to the 6ommittee on ;overnmental Affairs of the %enate and the 6ommittee on ;overnment 9perations of the =ouse of Representatives. (3) /he Director of the 9ffice of :ana ement and 3ud et ma! approve a matchin a reement not&ithstandin the disapproval of a Data 1nte rit! 3oard if the Director determines that-(i) the matchin pro ram &ill *e consistent &ith all applica*le le al( re ulator!( and polic! re2uirements" (ii) there is ade2uate evidence that the matchin a reement &ill *e cost- effective" and (iii) the matchin pro ram is in the pu*lic interest.

(6) /he decision of the Director to approve a matchin a reement shall not ta,e effect until '5 da!s after it is reported to committees descri*ed in su*para raph (A). (D) 1f the Data 1nte rit! 3oard and the Director of the 9ffice of :ana ement and 3ud et disapprove a matchin pro ram proposed *! the inspector eneral of an a enc!( the inspector eneral ma! report the disapproval to the head of the a enc! and to the 6on ress. (+) /he Director of the 9ffice of :ana ement and 3ud et shall( annuall! durin the first ' !ears after the date of enactment of this su*section and *ienniall! thereafter( consolidate in a report to the 6on ress the information contained in the reports from the various Data 1nte rit! 3oards under para raph (')(D). %uch report shall include detailed information a*out costs and *enefits of matchin pro rams that are conducted durin the period covered *! such consolidated report( and shall identif! each &aiver ranted *! a Data 1nte rit! 3oard of the re2uirement for completion and su*mission of a cost-*enefit anal!sis and the reasons for rantin the &aiver. (0) 1n the reports re2uired *! para raphs (')(D) and (+)( a enc! matchin activities that are not matchin pro rams ma! *e reported on an a re ate *asis( if and to the e-tent necessar! to protect on oin la& enforcement or counterintelli ence investi ations. (v) 9ffice of :ana ement and 3ud et Responsi*ilities /he Director of the 9ffice of :ana ement and 3ud et shall-(1) develop and( after notice and opportunit! for pu*lic comment( prescri*e uidelines and re ulations for the use of a encies in implementin the provisions of this section" and (2) provide continuin assistance to and oversi ht of the implementation of this section *! a encies. The followi ! "e#$io o%i!i all& wa" 'a%$ of $he P%i(a#& A#$ )*$ wa" o$ #o+ifie+, i$ -a& )e fo* + a$ 552a . o$e/. %ec. 0(a) (1) 1t shall *e unla&ful for an! Federal( %tate or local overnment a enc! to den! to an! individual an! ri ht( *enefit( or privile e provided *! la& *ecause of such individual?s refusal to disclose his social securit! account num*er. (2) the provisions of para raph (1) of this su*section shall not appl! &ith respect to-(A) an! disclosure &hich is re2uired *! Federal statute( or (3) an! disclosure of a social securit! num*er to an! Federal( %tate( or local a enc! maintainin a s!stem of records in e-istence and operatin *efore Danuar! 1( 1705( if such disclosure &as re2uired under statute or re ulation adopted prior to such date to verif! the identit! of an individual.

(*) An! Federal( %tate or local overnment a enc! &hich re2uests an individual to disclose his social securit! account num*er shall inform that individual &hether that disclosure is mandator! or voluntar!( *! &hat statutor! or other authorit! such num*er is solicited( and &hat uses &ill *e made of it. The followi ! "e#$io " o%i!i all& we%e 'a%$ of P.0. 11125134 $he Co-'*$e% 5a$#hi ! a + P%i(a#& P%o$e#$io A#$ of 1966, $he& -a& )e fo* + a$ 552a . o$e/. %ec. + Functions of the Director of the 9ffice of :ana ement and 3ud et. (*) 1mplementation ;uidance for Amendments -- /he Director shall( pursuant to section 552a(v) of /itle 5( $nited %tates 6ode( develop uidelines and re ulations for the use of a encies in implementin the amendments made *! this Act not later than . months after the date of enactment of this Act. %ec. 7 Rules of 6onstruction. <othin in the amendments made *! this Act shall *e construed to authori#e-(1) the esta*lishment or maintenance *! an! a enc! of a national data *an, that com*ines( mer es( or lin,s information on individuals maintained in s!stems of records *! other Federal a encies" (2) the direct lin,in of computeri#ed s!stems of records maintained *! Federal a encies" (') the computer matchin of records not other&ise authori#ed *! la&" or ()) the disclosure of records for computer matchin e-cept to a Federal( %tate( or local a enc!. %ec. 15 >ffective Dates. (a) 1n ;enera l -- >-cept as provided in su*section (*)( the amendments made *! this Act shall ta,e effect 7 months after the date of enactment of this Act. (*) >-ceptions -- /he amendment made *! sections '(*) F<otice of :atchin @ro rams -- Report to 6on ress and the 9ffice of :ana ement and 3ud etG( + FFunctions of the Director of the 9ffice of :ana ement and 3ud etG( 0 F6ompilation of Rules and <oticesG( and . FAnnual ReportG of this Act shall ta,e effect upon enactment.