5 U.S. Code § 552a - Records maintained on individuals

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

two or more automated Federal personnel or payroll systems ofFederal personnel or payroll (B) but does not include—

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 (iii)

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 anSocial Security Act; or (IV) for the purpose of intercepting a tax refund due anOffice 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;

using 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

matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel;

matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986;

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));

matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a (x)

matches performed pursuant to section 3(d)(4) of the Achieving a Better Life Experience Act of 2014; 1

the term “non-Federal agency” means any State or local government, or source agency for use in a matching program;

the term “source agency” means any matching program, or any State or local government, or matching program;

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

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 ), (b) Conditions of Disclosure.— No person, or to another (1)

for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;

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;

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;

to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ;

retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the (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 (4)

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

in any disclosure, containing information about which the persons or other agencies to whom the disputed (5)

nothing in this section shall allow an (e) Agency Requirements.— Each maintains a system of rec­ords shall—

the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and

(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—

establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of (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 (12)

if such recipient agency or a source agency in anon-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 maintains a rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall—

establish fees to be charged, if any, to any 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 (g)

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 the (2)

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.

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

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 September 27, 1975 .

Any (j) General Exemptions.— The head of any 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 (1)

maintained by an At the time rules are adopted under this subsection, the section 553(c) of this title, the reasons why the (k) Specific Exemptions.— The head of any 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 (1)

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 (3)

maintained in connection with providing protective services to the President of the United States or other section 3056 of title 18;

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;

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 section 553(c) of this title, the reasons why the (l)

Each section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the maintains the record, or under (2)

A consumer reporting section 3711(e) of title 31 shall not be considered a contractor for the purposes of this section.

the justification for the program and the anticipated results, including a specific estimate of any savings;

applicants for and recipients of financial assistance or payments under Federal benefit programs, and

procedures for the retention and timely destruction of identifiable recipient agency or non-Federal agency in such matching program;

prohibitions on duplication and redisclosure of 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;

procedures governing the use by a recipient agency or non-Federal agency of source agency, including procedures governing return of the source agency or destruction of (J)

that the Comptroller General may have access to all recipient agency or a non-Federal agency that the Comptroller General deems necessary in (2)

be transmitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives ; and

No such agreement shall be effective until 30 days after the date on which such a copy is transmitted pursuant to subparagraph (A)(i).

Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the Data Integrity Board of the (D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the (i)

each party to the agreement certifies to the Board in writing that the program has been conducted in compliance with the agreement.

(1) In 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—

the (ii) the Data Integrity Board of the 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—

the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and

there is a high degree of confidence that the information provided to the recipient agency is accurate;

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 (2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an (A)

Notwithstanding any other provision of law, no source agency may disclose any recipient agency or non-Federal agency for a 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.

the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; and

(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—

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;

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.

Each Data Integrity Board shall consist of senior officials designated by the head of the (3) Each Data Integrity Board—

shall review all source agency or recipient agency, determine compliance with applicable laws, regulations, guidelines, and (C)

shall review all recurring source agency or recipient agency, for continued justification for such disclosures;

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 (v)

any violations of matching agreements that have been alleged or identified and any corrective action taken; and

any other information required by the Director of the Office of Management and Budget to be included in such report;

shall serve as a clearinghouse for receiving and providing information on the accuracy, completeness, and reliability of (F)

Except as provided in subparagraphs (B) and (C), a Data Integrity Board shall not approve any written agreement for a [2]

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.

A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial approval of a written agreement for a (5)

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—

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).

If the Data Integrity Board and the Director of the Office of Management and Budget disapprove aCongress .

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

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

[1] See References in Text note below.

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

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.

The Achieving a Better Life Experience Act of 2014, referred to in subsec. (a)(8)(B)(x), probably means Pub. L. 113–295, div. B, Dec. 19, 2014 , 128 Stat. 4056, known as the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 or the Stephen Beck, Jr., ABLE Act of 2014. The Act does not contain a section 3.

For effective date of this section, referred to in subsecs. (k)(2), (5), (7), (l)(2), (3), and (m), see Effective Date note below.

Section 6 of the Privacy Act of 1974, referred to in subsec. (s)(1), is section 6 of Pub. L. 93–579, which was set out below and was repealed by section 6(c) of Pub. L. 100–503.

For classification of the Privacy Act of 1974, referred to in subsec. (s)(4), see Short Title note below.

The Consumer Financial Protection Act of 2010, referred to in subsec. (w), is title X of Pub. L. 111–203, July 21, 2010 , 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

Section 552a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2244 of Title 7, Agriculture.

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

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

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

1998—Subsec. (u)(6), (7). Pub. L. 105–362 redesignated par. (7) as (6), substituted “paragraph (3)(D)” for “paragraphs (3)(D) and (6)”, and struck out former par. (6) which read as follows: “The Director of the Office of Management and Budget shall, annually during the first 3 years after the date of enactment of this subsection and biennially thereafter, consolidate in a report to the Congress the information contained in the reports from the various Data Integrity Boards under paragraph (3)(D). Such report shall include detailed information about costs and benefits ofPub. L. 105–34 added cl. (vii).

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

Subsec. (a)(8)(B)(v) to (vii). Pub. L. 104–226 inserted “or” at end of cl. (v), struck out “or” at end of cl. (vi), and struck out cl. (vii) which read as follows: “matches performed pursuant to section 6103(l)(12) of the Internal Revenue Code of 1986 and section 1144 of the Social Security Act;”.

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

1993—Subsec. (a)(8)(B)(vii). Pub. L. 103–66 added cl. (vii).

1990—Subsec. (p). Pub. L. 101–508 amended subsec. (p) generally, restating former pars. (1) and (3) as par. (1), adding provisions relating to Data Integrity Boards, and restating former pars. (2) and (4) as (2) and (3), respectively.

1988—Subsec. (a)(8) to (13). Pub. L. 100–503, § 5, added pars. (8) to (13).

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

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

Subsec. (s). Pub. L. 100–503, § 8, substituted “Biennial” for “Annual” in heading, “biennially submit” for “annually submit” in introductory provisions, “preceding 2 years” for “preceding year” in par. (1), and “such years” for “such year” in par. (2).

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

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

1984—Subsec. (b)(6). Pub. L. 98–497, § 107(g)(1), substituted “ National Archives and Records Administration ” for “National Archives of the United States”, and “Archivist of the United States or the designee of the Archivist” for “Administrator of General Services or his designee”.

Subsec. (l)(1). Pub. L. 98–497, § 107(g)(2), substituted “Archivist of the United States” for “Administrator of General Services” in two places.

Subsec. (q). Pub. L. 98–477 designated existing provisions as par. (1) and added par. (2).

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

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

Subsec. (p). Pub. L. 97–375, § 201(b), substituted provisions requiring annual submission of a report by the President to the Speaker of the House and President pro tempore of the Senate relating to the Director of the Office of Management and Budget ,Senate , by June 30 of each calendar year, a consolidated report, separately listing for each FederalPub. L. 94–183 substituted “to September 27, 1975 ” for “to the effective date of this section”.

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 preceding section 21 of Title 2, The Congress . Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress , Jan. 6, 1999 . Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress , Jan. 5, 2007 . Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress , Jan. 9, 2019 .

“The amendments made by this section [enacting section 529A of Title 26, Internal Revenue Code, and amending this section, section 5517 of Title 12, Banks and Banking, and sections 26, 877A, 4965, 4973, and 6693 of Title 26] shall apply to taxable years beginning after December 31, 2014 .”

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

“Except as otherwise provided in this subtitle [subtitle H (§§ 1081–1100H) of title X of Pub. L. 111–203, see Tables for classification] and the amendments made by this subtitle, this subtitle and the amendments made by this subtitle, other than sections 1081 [amending section 8G of Pub. L. 95–452, set out in the Appendix to this title, and enacting provisions set out as a note under section 8G of Pub. L. 95–452] and 1082 [amending this section and enacting provisions set out as a note under this section], shall become effective on the designated transfer date.”

[The term “designated transfer date” is defined in section 5481(9) of Title 12, Banks and Banking, as the date established under section 5582 of Title 12, which is July 21, 2011 .]

Amendment by Pub. L. 106–170 applicable tosection 402(a)(4) of Pub. L. 106–170, set out as a note under section 402 of Title 42, The Public Health and Welfare.

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.

Amendment by Pub. L. 104–193 effective July 1, 1997 , with transitionsection 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.

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.

Pub. L. 100–503, § 10, Oct. 18, 1988 , 102 Stat. 2514, as amended by Pub. L. 101–56, § 2, July 19, 1989 , 103 Stat. 149, provided that:

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 ].

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 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—

published by the Office of Management and Budget in the Federal Register, before September 15, 1989 .”

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.

“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.”

“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’.”

“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’.”

“That this Act [enacting this section and provisions set out as notes under this section] may be cited as the ‘Privacy Act of 1974’.”

This section is popularly known as the “Privacy Act” and the “Privacy Act of 1974”.

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.

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.

“(a) Guidance.— Not later than 1 year after the date of the enactment of this Act [ Aug. 22, 2019 ], the Director shall issue guidance that does the following:

Creates a template for electronic consent and access forms and requires each section 552a(b) of title 5, United States Code, or for “(3)