5 U.S.C. § 552a — Records maintained on individuals

Page 130 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a 1 See References in Text note below. (b) Within 90 days of the issuance of the Open Data Policy, the Administrator for Federal Procurement Policy, Controller of the Office of Federal Financial Management, CIO, and Administrator of OIRA shall work with the Chief Acquisition Officers Council, Chief Financial Officers Council, Chief Information Officers Council, and Federal Records Council to identify and initiate implementation of measures to support the in- tegration of the Open Data Policy requirements into Federal acquisition and grant-making processes. Such efforts may include developing sample requirements language, grant and contract language, and workforce tools for agency acquisition, grant, and information management and technology professionals. (c) Within 90 days of the date of this order, the Chief Performance Officer (CPO) shall work with the Presi- dent’s Management Council to establish a Cross-Agen- cy Priority (CAP) Goal to track implementation of the Open Data Policy. The CPO shall work with agencies to set incremental performance goals, ensuring they have metrics and milestones in place to monitor advance- ment toward the CAP Goal. Progress on these goals shall be analyzed and reviewed by agency leadership, pursuant to the GPRA Modernization Act of 2010 (Pub- lic Law 111–352). (d) Within 180 days of the date of this order, agencies shall report progress on the implementation of the CAP Goal to the CPO. Thereafter, agencies shall report progress quarterly, and as appropriate. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Nothing in this order shall compel or authorize the disclosure of privileged information, law enforce- ment information, national security information, per- sonal information, or information the disclosure of which is prohibited by law. (e) Independent agencies are requested to adhere to this order. BARACK OBAMA. FREEDOM OF INFORMATION ACT Memorandum of President of the United States, Jan. 21, 2009, 74 F.R. 4683, provided: Memorandum for the Heads of Executive Depart- ments and Agencies A democracy requires accountability, and account- ability requires transparency. As Justice Louis Bran- deis wrote, ‘‘sunlight is said to be the best of disinfect- ants.’’ In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Gov- ernment and the citizenry alike. The Freedom of Information Act should be adminis- tered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep in- formation confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Govern- ment officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, ex- ecutive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public. All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA. The presumption of disclosure also means that agen- cies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely. I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive depart- ments and agencies, reaffirming the commitment to ac- countability and transparency, and to publish such guidelines in the Federal Register. In doing so, the At- torney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Man- agement and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new tech- nologies, and to publish such guidance in the Federal Register. This memorandum does not create any right or ben- efit, substantive or procedural, enforceable at law or in equity by any party against the United States, its de- partments, agencies, or entities, its officers, employ- ees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. § 552a. Records maintained on individuals (a) DEFINITIONS.—For purposes of this sec- tion— (1) the term ‘‘agency’’ means agency as de- fined in section 552(e) 1 of this title; (2) the term ‘‘individual’’ means a citizen of the United States or an alien lawfully admit- ted for permanent residence; (3) the term ‘‘maintain’’ includes maintain, collect, use, or disseminate; (4) the term ‘‘record’’ means any item, col- lection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, fi- nancial transactions, medical history, and criminal or employment history and that con- tains his name, or the identifying number, symbol, or other identifying particular as- signed 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 identi- fying 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 indi- vidual, except as provided by section 8 of title 13; (7) the term ‘‘routine use’’ means, with re- spect 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’’— Page 131 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a (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 eligi- bility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or bene- ficiaries of, participants in, or providers of services with respect to, cash or in- kind assistance or payments under Fed- eral benefit programs, or (II) recouping payments or delinquent debts under such Federal benefit pro- grams, or (ii) two or more automated Federal per- sonnel 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 aggre- gate 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 de- cisions 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, sub- sequent to the initiation of a specific criminal or civil law enforcement inves- tigation of a named person or persons for the purpose of gathering evidence against such person or persons; (iv) matches of tax information (I) pur- suant 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 indi- vidual 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 au- thorized by statute which has been deter- mined by the Director of the Office of Management and Budget to contain verification, notice, and hearing require- ments that are substantially similar to the procedures in section 1137 of the Social Se- curity Act; (v) matches— (I) using records predominantly relat- ing to Federal personnel, that are per- formed for routine administrative pur- poses (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 main- tained by that agency; if the purpose of the match is not to take any adverse financial, personnel, discipli- nary, or other adverse action against Fed- eral personnel; (vi) matches performed for foreign coun- terintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel; (vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986; (viii) matches performed pursuant to section 202(x)(3) or 1611(e)(1) of the Social Security Act (42 U.S.C. 402(x)(3), 1382(e)(1)); (ix) matches performed by the Secretary of Health and Human Services or the In- spector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, in- cluding matches of a system of records with non-Federal records; or (x) matches performed pursuant to sec- tion 3(d)(4) of the Achieving a Better Life Experience Act of 2014; 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 pro- gram; (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 guar- antees to individuals; and (13) the term ‘‘Federal personnel’’ means of- ficers and employees of the Government of the United States, members of the uniformed serv- ices (including members of the Reserve Com- ponents), individuals entitled to receive imme- diate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor bene- fits). (b) CONDITIONS OF DISCLOSURE.—No agency shall disclose any record which is contained in a system of records by any means of communica- tion 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 sub- section (e)(4)(D) of this section; (4) to the Bureau of the Census for purposes of planning or carrying out a census or survey Page 132 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a or related activity pursuant to the provisions of title 13; (5) to a recipient who has provided the agen- cy with advance adequate written assurance that the record will be used solely as a statis- tical 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 Ad- ministration as a record which has sufficient historical or other value to warrant its contin- ued preservation by the United States Govern- ment, 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 instrumen- tality 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 activ- ity for which the record is sought; (8) to a person pursuant to a showing of com- pelling 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 ex- tent 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 Govern- ment Accountability Office; (11) to the Director of the Congressional Budget Office, or any authorized representa- tive of the Director, in the course of perform- ance of the duties of the Congressional Budget Office; (12) pursuant to the order of a court of com- petent jurisdiction; or (13) to a consumer reporting agency in ac- cordance 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 sub- sections (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 an- other 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 para- graph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the ac- counting is made; (3) except for disclosures made under sub- section (b)(7) of this section, make the ac- counting made under paragraph (1) of this sub- section 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 dis- closed to the person or agency if an account- ing 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 per- taining to him which is contained in the sys- tem, permit him and upon his request, a per- son 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 comprehen- sible to him, except that the agency may re- quire the individual to furnish a written state- ment authorizing discussion of that individ- ual’s record in the accompanying person’s presence; (2) permit the individual to request amend- ment of a record pertaining to him and— (A) not later than 10 days (excluding Sat- urdays, Sundays, and legal public holidays) after the date of receipt of such request, ac- knowledge 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 com- plete; or (ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the pro- cedures established by the agency for the individual to request a review of that re- fusal by the head of the agency or an offi- cer 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, Sun- days, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final deter- mination 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 indi- vidual 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 state- ment of disagreement, occurring after the fil- ing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide cop- ies 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 Page 133 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a (5) nothing in this section shall allow an in- dividual 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 infor- mation about an individual as is relevant and necessary to accomplish a purpose of the agen- cy 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 indi- vidual when the information may result in ad- verse 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 Presi- dent) 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 pro- viding all or any part of the requested infor- mation; (4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Reg- ister 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 con- tained in the system, including the cat- egories of users and the purpose of such use; (E) the policies and practices of the agency regarding storage, retrievability, access con- trols, 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 in- dividual can be notified at his request if the system of records contains a record per- taining to him; (H) the agency procedures whereby an in- dividual 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, rel- evance, timeliness, and completeness as is rea- sonably necessary to assure fairness to the in- dividual in the determination; (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pur- suant 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 en- forcement activity; (8) make reasonable efforts to serve notice on an individual when any record on such indi- vidual 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 in- volved 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 non- compliance; (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, embarrass- ment, inconvenience, or unfairness to any in- dividual 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 no- tice of any new use or intended use of the in- formation in the system, and provide an op- portunity for interested persons to submit written data, views, or arguments to the agen- cy; 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 estab- lishment or revision of a matching program, at least 30 days prior to conducting such pro- gram, 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 (in- cluding general notice) of section 553 of this title, which shall— (1) establish procedures whereby an indi- vidual can be notified in response to his re- quest if any system of records named by the individual contains a record pertaining to him; (2) define reasonable times, places, and re- quirements 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 indi- vidual; (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including spe- Page 134 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a cial 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 re- quest from an individual concerning the amendment of any record or information per- taining to the individual, for making a deter- mination on the request, for an appeal within the agency of an initial adverse agency deter- mination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this sec- tion; 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 re- view of the record. The Office of the Federal Register shall bienni- ally compile and publish the rules promulgated under this subsection and agency notices pub- lished 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 individ- ual’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 re- quest 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 relat- ing 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 there- under, in such a way as to have an adverse ef- fect 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 litiga- tion 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 com- plainant of any agency records improperly with- held from him. In such a case the court shall de- termine 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 ex- emptions set forth in subsection (k) of this sec- tion, 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 litiga- tion 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 will- ful, the United States shall be liable to the indi- vidual in an amount equal to the sum of— (A) actual damages sustained by the indi- vidual 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 rea- sonable attorney fees as determined by the court. (5) An action to enforce any liability created under this section may be brought in the dis- trict court of the United States in the district in which the complainant resides, or has his prin- cipal place of business, or in which the agency records are situated, or in the District of Colum- bia, without regard to the amount in con- troversy, 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 mis- representation. Nothing in this section shall be construed to authorize any civil action by rea- son of any injury sustained as the result of a dis- closure of a record prior to September 27, 1975. (h) RIGHTS OF LEGAL GUARDIANS.—For the pur- poses 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 com- petent jurisdiction, may act on behalf of the in- dividual. (i)(1) CRIMINAL PENALTIES.—Any officer or em- ployee of an agency, who by virtue of his em- ployment or official position, has possession of, or access to, agency records which contain indi- vidually 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 enti- tled to receive it, shall be guilty of a mis- demeanor 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 mis- demeanor and fined not more than $5,000. (3) Any person who knowingly and willfully re- quests or obtains any record concerning an indi- vidual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. Page 135 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a (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 with- in the agency from any part of this section ex- cept 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 func- tion any activity pertaining to the enforce- ment of criminal laws, including police efforts to prevent, control, or reduce crime or to ap- prehend criminals, and the activities of pros- ecutors, courts, correctional, probation, par- don, 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 identi- fying data and notations of arrests, the nature and disposition of criminal charges, sen- tencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, in- cluding reports of informants and investiga- tors, and associated with an identifiable indi- vidual; or (C) reports identifiable to an indi- vidual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from super- vision. At the time rules are adopted under this sub- section, the agency shall include in the state- ment 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 with- in 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 sec- tion: 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 indi- vidual, except to the extent that the disclo- sure of such material would reveal the iden- tity 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, eli- gibility, or qualifications for Federal civilian employment, military service, Federal con- tracts, 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 com- promise the objectivity or fairness of the test- ing 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 Gov- ernment under an express promise that the identity of the source would be held in con- fidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in con- fidence. At the time rules are adopted under this sub- section, the agency shall include in the state- ment 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 agen- cy which maintains the record, or under rules established by that agency which are not incon- sistent with the provisions of this section. (2) Each agency record pertaining to an identi- fiable 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 ef- fective date of this section, shall, for the pur- poses of this section, be considered to be main- tained 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 identi- fiable individual which is transferred to the Na- tional 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 effec- tive date of this section, shall, for the purposes Page 136 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a 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 ap- plied 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 re- quire 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-Fed- eral agency for use in a computer matching pro- gram 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 con- ducting the program; (B) the justification for the program and the anticipated results, including a specific esti- mate 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 pro- jected 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 sub- section (v)), to— (i) applicants for and recipients of finan- cial assistance or payments under Federal benefit programs, and (ii) applicants for and holders of positions as Federal personnel, that any information provided by such appli- cants, recipients, holders, and individuals may be subject to verification through matching programs; (E) procedures for verifying information pro- duced 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 administra- tive, technical, and physical security of the records matched and the results of such pro- grams; (H) prohibitions on duplication and redisclo- sure 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 match- ing program; (I) procedures governing the use by a recipi- ent 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 destruc- tion 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 Gen- eral 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 Gov- ernmental Affairs of the Senate and the Com- mittee 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 deter- mines 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 pro- gram 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 agree- ment. (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 assist- ance or payment under a Federal benefit pro- gram to such individual, or take other adverse action against such individual, as a result of in- formation 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, de- termines in accordance with guidance issued by the Director of the Office of Management and Budget that— (I) the information is limited to identifica- tion and amount of benefits paid by the source agency under a Federal benefit pro- gram; and Page 137 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a (II) there is a high degree of confidence that the information provided to the recipi- ent agency is accurate; (B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the oppor- tunity to contest such findings; and (C)(i) the expiration of any time period es- tablished for the program by statute or regula- tion for the individual to respond to that no- tice; 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 no- tice under subparagraph (B) is mailed or oth- erwise provided to the individual. (2) Independent verification referred to in paragraph (1) requires investigation and con- firmation 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 in- volved; (B) whether such individual actually has or had access to such asset or income for such in- dividual’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 pro- hibited by such paragraph if the agency deter- mines 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 require- ments of subsection (p), or any matching agree- ment entered into pursuant to subsection (o), or both, are not being met by such recipient agen- cy. (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 be- lieve that the certification is inaccurate. (r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS.—Each agency that proposes to estab- lish 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 Sen- ate, and the Office of Management and Budget in order to permit an evaluation of the probable or potential effect of such proposal on the pri- vacy or other rights of individuals. (s) BIENNIAL REPORT.—The President shall bi- ennially 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 pursu- ant to section 6 of the Privacy Act of 1974 dur- ing 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 con- cerning administration of this section as may be necessary or useful to the Congress in re- viewing 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 in- dividual under the provisions of section 552 of this title. (u) DATA INTEGRITY BOARDS.—(1) Every agency conducting or participating in a matching pro- gram shall establish a Data Integrity Board to oversee and coordinate among the various com- ponents of such agency the agency’s implemen- tation 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 des- ignated by the head of the agency as responsible for implementation of this section, and the in- spector general of the agency, if any. The in- spector 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 en- sure 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 pro- grams 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, de- scribing the matching activities of the agency, including— (i) matching programs in which the agency has participated as a source agency or re- cipient agency; (ii) matching agreements proposed under subsection (o) that were disapproved by the Board; (iii) any changes in membership or struc- ture of the Board in the preceding year; Page 138 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a 2 So in original. Probably should be ‘‘cost-effective.’’ (iv) the reasons for any waiver of the re- quirement in paragraph (4) of this section for completion and submission of a cost-ben- efit 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 receiv- ing and providing information on the accu- racy, completeness, and reliability of records used in matching programs; (F) shall provide interpretation and guid- ance 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 sec- tion; 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 ap- prove 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 dem- onstrates that the program is likely to be cost effective.2 (B) The Board may waive the requirements of subparagraph (A) of this paragraph if it deter- mines in writing, in accordance with guidelines prescribed by the Director of the Office of Man- agement and Budget, that a cost-benefit anal- ysis is not required. (C) A cost-benefit analysis shall not be re- quired under subparagraph (A) prior to the ini- tial 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 sub- mitted 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 Budg- et. 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 In- tegrity Board if the Director determines that— (i) the matching program will be consistent with all applicable legal, regulatory, and pol- icy 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 de- scribed in subparagraph (A). (D) If the Data Integrity Board and the Direc- tor of the Office of Management and Budget dis- approve a matching program proposed by the in- spector general of an agency, the inspector gen- eral 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 match- ing 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 RE- SPONSIBILITIES.—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 imple- menting the provisions of this section; and (2) provide continuing assistance to and oversight of the implementation of this sec- tion by agencies. (w) APPLICABILITY TO BUREAU OF CONSUMER FI- NANCIAL PROTECTION.—Except as provided in the Consumer Financial Protection Act of 2010, this section shall apply with respect to the Bureau of Consumer Financial Protection. (Added Pub. L. 93–579, § 3, Dec. 31, 1974, 88 Stat. 1897; amended Pub. L. 94–183, § 2(2), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 97–365, § 2, Oct. 25, 1982, 96 Stat. 1749; Pub. L. 97–375, title II, § 201(a), (b), Dec. 21, 1982, 96 Stat. 1821; Pub. L. 97–452, § 2(a)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98–477, § 2(c), Oct. 15, 1984, 98 Stat. 2211; Pub. L. 98–497, title I, § 107(g), Oct. 19, 1984, 98 Stat. 2292; Pub. L. 100–503, §§ 2–6(a), 7, 8, Oct. 18, 1988, 102 Stat. 2507–2514; Pub. L. 101–508, title VII, § 7201(b)(1), Nov. 5, 1990, 104 Stat. 1388–334; Pub. L. 103–66, title XIII, § 13581(c), Aug. 10, 1993, 107 Stat. 611; Pub. L. 104–193, title I, § 110(w), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104–226, § 1(b)(3), Oct. 2, 1996, 110 Stat. 3033; Pub. L. 104–316, title I, § 115(g)(2)(B), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 105–34, title X, § 1026(b)(2), Aug. 5, 1997, 111 Stat. 925; Pub. L. 105–362, title XIII, § 1301(d), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 106–170, title IV, § 402(a)(2), Dec. 17, 1999, 113 Stat. 1908; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–148, title VI, § 6402(b)(2), Mar. 23, 2010, 124 Stat. 756; Pub. L. 111–203, title X, § 1082, July 21, 2010, 124 Stat. 2080; Pub. L. 113–295, div. B, title I, § 102(d), Dec. 19, 2014, 128 Stat. 4062; Pub. L. 118–104, § 2, Oct. 2, 2024, 138 Stat. 1586.) Editorial Notes 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, re- ferred 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 sec- Page 139 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a tions 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 Experi- ence 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 sub- secs. (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, re- ferred 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 Bank- ing, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables. CODIFICATION Section 552a of former Title 5, Executive Depart- ments and Government Officers and Employees, was transferred to section 2244 of Title 7, Agriculture. AMENDMENTS 2024—Subsec. (b)(11) to (13). Pub. L. 118–104 added par. (11) and redesignated former pars. (11) and (12) as (12) and (13), respectively. 2014—Subsec. (a)(8)(B)(x). Pub. L. 113–295 added cl. (x). 2010—Subsec. (a)(8)(B)(ix). Pub. L. 111–148 added cl. (ix). Subsec. (w). Pub. L. 111–203 added subsec. (w). 2004—Subsec. (b)(10). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting 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 ‘‘para- graphs (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 sub- section and biennially thereafter, consolidate in a re- port to the Congress the information contained in the reports from the various Data Integrity Boards under paragraph (3)(D). Such report shall include detailed in- formation about costs and benefits of matching pro- grams 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 anal- ysis 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 sub- stituted ‘‘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 Se- curity 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), re- spectively. 1988—Subsec. (a)(8) to (13). Pub. L. 100–503, § 5, added pars. (8) to (13). Subsec. (e)(12). Pub. L. 100–503, § 3(a), added par. (12). Subsec. (f). Pub. L. 100–503, § 7, substituted ‘‘bienni- ally’’ for ‘‘annually’’ in last sentence. Subsecs. (o) to (q). Pub. L. 100–503, § 2(2), added sub- secs. (o) to (q). Former subsecs. (o) to (q) redesignated (r) to (t), respectively. Subsec. (r). Pub. L. 100–503, § 3(b), inserted ‘‘and matching programs’’ in heading and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Each agency shall provide adequate advance notice to Con- gress 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 poten- tial effect of such proposal on the privacy and other personal or property rights of individuals or the disclo- sure of information relating to such individuals, and its effect on the preservation of the constitutional prin- ciples of federalism and separation of powers.’’ Pub. L. 100–503, § 2(1), redesignated former subsec. (o) as (r). Subsec. (s). Pub. L. 100–503, § 8, substituted ‘‘Biennial’’ for ‘‘Annual’’ in heading, ‘‘biennially submit’’ for ‘‘an- nually submit’’ in introductory provisions, ‘‘preceding 2 years’’ for ‘‘preceding year’’ in par. (1), and ‘‘such years’’ for ‘‘such year’’ in par. (2). Pub. L. 100–503, § 2(1), redesignated former subsec. (p) as (s). Subsec. (t). Pub. L. 100–503, § 2(1), redesignated former subsec. (q) as (t). Subsec. (u). Pub. L. 100–503, § 4, added subsec. (u). Subsec. (v). Pub. L. 100–503, § 6(a), added subsec. (v). 1984—Subsec. (b)(6). Pub. L. 98–497, § 107(g)(1), sub- stituted ‘‘National Archives and Records Administra- tion’’ 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 provi- sions as par. (1) and added par. (2). 1983—Subsec. (b)(12). Pub. L. 97–452 substituted ‘‘sec- tion 3711(f) of title 31’’ for ‘‘section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))’’. Subsec. (m)(2). Pub. L. 97–452 substituted ‘‘section 3711(f) of title 31’’ for ‘‘section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))’’. 1982—Subsec. (b)(12). Pub. L. 97–365, § 2(a), added par. (12). Subsec. (e)(4). Pub. L. 97–375, § 201(a), substituted ‘‘upon establishment or revision’’ for ‘‘at least annu- ally’’ 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 provi- sions 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 provi- sions 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’’. Page 140 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives 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 Rep- resentatives 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. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–295, div. B, title I, § 102(f)(1), Dec. 19, 2014, 128 Stat. 4062, provided that: ‘‘The amendments made by this section [enacting section 529A of Title 26, Inter- nal 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 tax- able years beginning after December 31, 2014.’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–203, title X, § 1082, July 21, 2010, 124 Stat. 2080, provided that the amendment made by section 1082 is effective on July 21, 2010. Pub. L. 111–203, title X, § 1100H, July 21, 2010, 124 Stat. 2113, provided that: ‘‘Except as otherwise provided in this subtitle [subtitle H (§§ 1081–1100H) of title X of Pub. L. 111–203, see Tables for classification] and the amend- ments 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, formerly set out in the Appendix to this title, and enacting pro- visions 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.] EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–170 applicable to individ- uals 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 sec- tion 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 accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially 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 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: ‘‘(a) IN GENERAL.—Except as provided in subsections (b) and (c), the amendments made by this Act [amend- ing 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 PRO- GRAMS.—In the case of any matching program (as de- fined 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 Com- mittee on Government Operations of the House of Representatives, and the Office of Management and Budget before August 1, 1989, in a report which con- tains 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 Pub. L. 93–579, § 8, Dec. 31, 1974, 88 Stat. 1910, 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 pre- ceding section 500 of this title] shall become effective 270 days following the day on which this Act is en- acted.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–508, title VII, § 7201(a), Nov. 5, 1990, 104 Stat. 1388–334, provided that: ‘‘This section [amending this section and enacting provisions set out as notes below] may be cited as the ‘Computer Matching and Privacy Protection Amendments of 1990’.’’ SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–56, § 1, July 19, 1989, 103 Stat. 149, provided that: ‘‘This Act [amending section 10 of Pub. L. 100–503, Page 141 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a 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 Pub. L. 100–503, § 1, Oct. 18, 1988, 102 Stat. 2507, pro- vided that: ‘‘This Act [amending this section, enacting provisions set out as notes above and below, and repeal- ing 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 Pub. L. 93–579, § 1, Dec. 31, 1974, 88 Stat. 1896, 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’’ and the ‘‘Privacy Act of 1974’’. 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 sec- tion 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. OMB GUIDANCE ON ELECTRONIC CONSENT AND ACCESS FORMS Pub. L. 116–50, § 3, Aug. 22, 2019, 133 Stat. 1073, pro- vided that: ‘‘(a) GUIDANCE.—Not later than 1 year after the date of the enactment of this Act [Aug. 22, 2019], the Direc- tor shall issue guidance that does the following: ‘‘(1) Requires each agency to accept electronic iden- tity proofing and authentication processes for the purposes of allowing an individual to provide prior written consent for the disclosure of the individual’s records under section 552a(b) of title 5, United States Code, or for individual access to records under section 552a(d) of such title. ‘‘(2) Creates a template for electronic consent and access forms and requires each agency to post the template on the agency website and to accept the forms from any individual properly identity proofed and authenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the indi- vidual’s records under section 552a(b) of title 5, United States Code, or for individual access to records under section 552a(d) of such title. ‘‘(3) Requires each agency to accept the electronic consent and access forms described in paragraph (2) from any individual properly identity proofed and au- thenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the individual’s records to another entity, including a congressional office, in accordance with section 552a(b) of title 5, United States Code, or for individual access to records under section 552a(d) [of such title]. ‘‘(b) AGENCY COMPLIANCE.—Each agency shall comply with the guidance issued pursuant to subsection (a) not later than 1 year after the date on which such guidance is issued. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) AGENCY; INDIVIDUAL; RECORD.—The terms ‘agen- cy’, ‘individual’, and ‘record’ have the meanings given those terms in section 552a(a) of title 5, United States Code. ‘‘(2) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget.’’ EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES Pub. L. 114–126, Feb. 24, 2016, 130 Stat. 282, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Judicial Redress Act of 2015’. ‘‘SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES. ‘‘(a) CIVIL ACTION; CIVIL REMEDIES.—With respect to covered records, a covered person may bring a civil ac- tion against an agency and obtain civil remedies, in the same manner, to the same extent, and subject to the same limitations, including exemptions and exceptions, as an individual may bring and obtain with respect to records under— ‘‘(1) section 552a(g)(1)(D) of title 5, United States Code, but only with respect to disclosures inten- tionally or willfully made in violation of section 552a(b) of such title; and ‘‘(2) subparagraphs (A) and (B) of section 552a(g)(1) of title 5, United States Code, but such an action may only be brought against a designated Federal agency or component. ‘‘(b) EXCLUSIVE REMEDIES.—The remedies set forth in subsection (a) are the exclusive remedies available to a covered person under this section. ‘‘(c) APPLICATION OF THE PRIVACY ACT WITH RESPECT TO A COVERED PERSON.—For purposes of a civil action described in subsection (a), a covered person shall have the same rights, and be subject to the same limita- tions, including exemptions and exceptions, as an indi- vidual has and is subject to under section 552a of title 5, United States Code, when pursuing the civil remedies described in paragraphs (1) and (2) of subsection (a). ‘‘(d) DESIGNATION OF COVERED COUNTRY.— ‘‘(1) IN GENERAL.—The Attorney General may, with the concurrence of the Secretary of State, the Sec- retary of the Treasury, and the Secretary of Home- land Security, designate a foreign country or regional economic integration organization, or member coun- try of such organization, as a ‘covered country’ for purposes of this section if— ‘‘(A)(i) the country or regional economic integra- tion organization, or member country of such orga- nization, has entered into an agreement with the United States that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or pros- ecuting criminal offenses; or ‘‘(ii) the Attorney General has determined that the country or regional economic integration orga- nization, or member country of such organization, has effectively shared information with the United States for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses and has appropriate privacy protections for such shared in- formation; ‘‘(B) the country or regional economic integra- tion organization, or member country of such orga- nization, permits the transfer of personal data for commercial purposes between the territory of that country or regional economic organization and the territory of the United States, through an agree- ment with the United States or otherwise; and ‘‘(C) the Attorney General has certified that the policies regarding the transfer of personal data for commercial purposes and related actions of the country or regional economic integration organiza- tion, or member country of such organization, do not materially impede the national security inter- ests of the United States. ‘‘(2) REMOVAL OF DESIGNATION.—The Attorney Gen- eral may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Sec- Page 142 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a retary of Homeland Security, revoke the designation of a foreign country or regional economic integration organization, or member country of such organiza- tion, as a ‘covered country’ if the Attorney General determines that such designated ‘covered country’— ‘‘(A) is not complying with the agreement de- scribed under paragraph (1)(A)(i); ‘‘(B) no longer meets the requirements for des- ignation under paragraph (1)(A)(ii); ‘‘(C) fails to meet the requirements under para- graph (1)(B); ‘‘(D) no longer meets the requirements for certifi- cation under paragraph (1)(C); or ‘‘(E) impedes the transfer of information (for pur- poses of reporting or preventing unlawful activity) to the United States by a private entity or person. ‘‘(e) DESIGNATION OF DESIGNATED FEDERAL AGENCY OR COMPONENT.— ‘‘(1) IN GENERAL.—The Attorney General shall de- termine whether an agency or component thereof is a ‘designated Federal agency or component’ for pur- poses of this section. The Attorney General shall not designate any agency or component thereof other than the Department of Justice or a component of the Department of Justice without the concurrence of the head of the relevant agency, or of the agency to which the component belongs. ‘‘(2) REQUIREMENTS FOR DESIGNATION.—The Attor- ney General may determine that an agency or compo- nent of an agency is a ‘designated Federal agency or component’ for purposes of this section, if— ‘‘(A) the Attorney General determines that infor- mation exchanged by such agency with a covered country is within the scope of an agreement re- ferred to in subsection (d)(1)(A); or ‘‘(B) with respect to a country or regional eco- nomic integration organization, or member country of such organization, that has been designated as a ‘covered country’ under subsection (d)(1)(B), the At- torney General determines that designating such agency or component thereof is in the law enforce- ment interests of the United States. ‘‘(f) FEDERAL REGISTER REQUIREMENT; NONREVIEW- ABLE DETERMINATION.—The Attorney General shall pub- lish each determination made under subsections (d) and (e). Such determination shall not be subject to judicial or administrative review. ‘‘(g) JURISDICTION.—The United States District Court for the District of Columbia shall have exclusive juris- diction over any claim arising under this section. ‘‘(h) DEFINITIONS.—In this Act: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given that term in section 552(f) of title 5, United States Code. ‘‘(2) COVERED COUNTRY.—The term ‘covered country’ means a country or regional economic integration or- ganization, or member country of such organization, designated in accordance with subsection (d). ‘‘(3) COVERED PERSON.—The term ‘covered person’ means a natural person (other than an individual) who is a citizen of a covered country. ‘‘(4) COVERED RECORD.—The term ‘covered record’ has the same meaning for a covered person as a record has for an individual under section 552a of title 5, United States Code, once the covered record is transferred— ‘‘(A) by a public authority of, or private entity within, a country or regional economic organiza- tion, or member country of such organization, which at the time the record is transferred is a cov- ered country; and ‘‘(B) to a designated Federal agency or component for purposes of preventing, investigating, detecting, or prosecuting criminal offenses. ‘‘(5) DESIGNATED FEDERAL AGENCY OR COMPONENT.— The term ‘designated Federal agency or component’ means a Federal agency or component of an agency designated in accordance with subsection (e). ‘‘(6) INDIVIDUAL.—The term ‘individual’ has the meaning given that term in section 552a(a)(2) of title 5, United States Code. ‘‘(i) PRESERVATION OF PRIVILEGES.—Nothing in this section shall be construed to waive any applicable privilege or require the disclosure of classified informa- tion. Upon an agency’s request, the district court shall review in camera and ex parte any submission by the agency in connection with this subsection. ‘‘(j) EFFECTIVE DATE.—This Act shall take effect 90 days after the date of the enactment of this Act [Feb. 24, 2016].’’ PUBLICATION OF GUIDANCE UNDER SUBSECTION (p)(1)(A)(ii) Pub. L. 101–508, title VII, § 7201(b)(2), Nov. 5, 1990, 104 Stat. 1388–334, 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 Pub. L. 101–508, title VII, § 7201(c), Nov. 5, 1990, 104 Stat. 1388–335, 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 re- ferred 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 con- fidence that information provided by that agency under Federal matching programs is accurate; or ‘‘(2) 30 days after the date of publication of guid- ance under section 2(b) [probably means section 7201(b)(2) of Pub. L. 101–508, set out as a note above].’’ EFFECTIVE DATE DELAYED FOR CERTAIN EDUCATION BENEFITS COMPUTER MATCHING PROGRAMS Pub. L. 101–366, title II, § 206(d), Aug. 15, 1990, 104 Stat. 442, provided that: ‘‘(1) In the case of computer matching programs be- tween the Department of Veterans Affairs and the De- partment 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 Ef- fective Date of 1988 Amendment note above] shall take effect on October 1, 1990. ‘‘(2) For purposes of this subsection, the term ‘match- ing program’ has the same meaning provided in section 552a(a)(8) of title 5, United States Code.’’ IMPLEMENTATION GUIDANCE FOR 1988 AMENDMENTS Pub. L. 100–503, § 6(b), Oct. 18, 1988, 102 Stat. 2513, re- quired the Director, pursuant to section 552a(v) of this title, to develop guidelines and regulations for the use of agencies in implementing amendments made by Pub. L. 100–503 not later than 8 months after Oct. 18, 1988. CONSTRUCTION OF 1988 AMENDMENTS Pub. L. 100–503, § 9, Oct. 18, 1988, 102 Stat. 2514, pro- vided 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 agen- cy of a national data bank that combines, merges, or links information on individuals maintained in sys- tems 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 other- wise authorized by law; or ‘‘(4) the disclosure of records for computer match- ing except to a Federal, State, or local agency.’’ Page 143 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552a CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE Pub. L. 93–579, § 2, Dec. 31, 1974, 88 Stat. 1896, provided that: ‘‘(a) The Congress finds that— ‘‘(1) the privacy of an individual is directly affected by the collection, maintenance, use, and dissemina- tion of personal information by Federal agencies; ‘‘(2) the increasing use of computers and sophisti- cated 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 dis- semination 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 endan- gered by the misuse of certain information systems; ‘‘(4) the right to privacy is a personal and funda- mental 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 Fed- eral agencies, it is necessary and proper for the Con- gress 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 agen- cies, 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 per- taining to him obtained by such agencies for a par- ticular purpose from being used or made available for another purpose without his consent; ‘‘(3) permit an individual to gain access to informa- tion 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 man- ner 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 in- formation; ‘‘(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 spe- cific 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 Pub. L. 93–579, § 5, Dec. 31, 1974, 88 Stat. 1905, as amended by Pub. L. 95–38, June 1, 1977, 91 Stat. 179, which established the Privacy Protection Study Com- mission and provided that the Commission study data banks, automated data processing programs and infor- mation 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 pri- vacy of individuals while meeting the legitimate infor- mational 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 Pub. L. 93–579, § 6, Dec. 31, 1974, 88 Stat. 1909, which provided that the Office of Management and Budget shall develop guidelines and regulations for use of agencies in implementing provisions of this section and provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies, was repealed by Pub. L. 100–503, § 6(c), Oct. 18, 1988, 102 Stat. 2513. DISCLOSURE OF SOCIAL SECURITY NUMBER Pub. L. 93–579, § 7, Dec. 31, 1974, 88 Stat. 1909, 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 sub- section 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 secu- rity account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solic- ited, and what uses will be made of it.’’ AUTHORIZATION OF APPROPRIATIONS TO PRIVACY PROTECTION STUDY COMMISSION Pub. L. 93–579, § 9, Dec. 31, 1974, 88 Stat. 1910, 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. Executive Documents EX. ORD. NO. 9397. NUMBERING SYSTEM FOR FEDERAL ACCOUNTS RELATING TO INDIVIDUAL PERSONS Ex. Ord. No. 9397, Nov. 22, 1943, 8 F.R. 16095, as amend- ed by Ex. Ord. No. 13478, § 2, Nov. 18, 2008, 73 F.R. 70239, provided: WHEREAS certain Federal agencies from time to time require in the administration of their activities a system of numerical identification of accounts of indi- vidual persons; and WHEREAS some seventy million persons have here- tofore been assigned account numbers pursuant to the Social Security Act; and WHEREAS a large percentage of Federal employees have already been assigned account numbers pursuant to the Social Security Act; and WHEREAS it is desirable in the interest of economy and orderly administration that the Federal Govern- ment move towards the use of a single, unduplicated numerical identification system of accounts and avoid the unnecessary establishment of additional systems: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby or- dered as follows: 1. Hereafter any Federal department, establishment, or agency may, whenever the head thereof finds it ad- visable to establish a new system of permanent account numbers pertaining to individual persons, utilize the Social Security Act account numbers assigned pursu- ant to title 20, section 422.103 of the Code of Federal Regulations and pursuant to paragraph 2 of this order. 2. The Social Security Administration shall provide for the assignment of an account number to each per- son who is required by any Federal agency to have such a number but who has not previously been assigned such number by the Administration. The Administra- tion may accomplish this purpose by (a) assigning such numbers to individual persons, (b) assigning blocks of numbers to Federal agencies for reassignment to indi- Page 144 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 552b 1 See References in Text note below. vidual persons, or (c) making such other arrangements for the assignment of numbers as it may deem appro- priate. 3. The Social Security Administration shall furnish, upon request of any Federal agency utilizing the nu- merical identification system of accounts provided for in this order, the account number pertaining to any person with whom such agency has an account or the name and other identifying data pertaining to any ac- count number of any such person. 4. The Social Security Administration and each Fed- eral agency shall maintain the confidential character of information relating to individual persons obtained pursuant to the provisions of this order. 5. There shall be transferred to the Social Security Administration, from time to time, such amounts as the Director of the Office of Management and Budget shall determine to be required for reimbursement by any Federal agency for the services rendered by the Ad- ministration pursuant to the provisions of this order. 6. This order shall be implemented in accordance with applicable law and subject to the availability of appro- priations. 7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity, by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers, employees, or agents, or any other person. 8. This order shall be published in the Federal Reg- ister. CLASSIFIED NATIONAL SECURITY INFORMATION For provisions relating to a response to a request for information under this section when the fact of its ex- istence or nonexistence is itself classified or when it was originally classified by another agency, see Ex. Ord. No. 13526, § 3.6, Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and National Defense. § 552b. Open meetings (a) For purposes of this section— (1) the term ‘‘agency’’ means any agency, as defined in section 552(e) 1 of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (2) the term ‘‘meeting’’ means the delibera- tions of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or dis- position of official agency business, but does not include deliberations required or per- mitted by subsection (d) or (e); and (3) the term ‘‘member’’ means an individual who belongs to a collegial body heading an agency. (b) Members shall not jointly conduct or dis- pose of agency business other than in accord- ance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation. (c) Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the re- quirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency prop- erly determines that such portion or portions of its meeting or the disclosure of such informa- tion is likely to— (1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the inter- ests of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order; (2) relate solely to the internal personnel rules and practices of an agency; (3) disclose matters specifically exempted from disclosure by statute (other than section 552 of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no dis- cretion on the issue, or (B) establishes par- ticular criteria for withholding or refers to particular types of matters to be withheld; (4) disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) involve accusing any person of a crime, or formally censuring any person; (6) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the pro- duction of such records or information would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential infor- mation furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel; (8) disclose information contained in or re- lated to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; (9) disclose information the premature dis- closure of which would— (A) in the case of an agency which regu- lates currencies, securities, commodities, or financial institutions, be likely to (i) lead to significant financial speculation in cur- rencies, securities, or commodities, or (ii) significantly endanger the stability of any financial institution; or (B) in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action, except that subparagraph (B) shall not apply in any instance where the agency has already disclosed to the public the content or nature of its proposed action, or where the agency is required by law to make such disclosure on its