Advanced Criminal Investigations and Intelligence Operations

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  Federal agency of records provided in a matching program

  by a source agency, including procedures governing return

  of the records to the source agency or destruction of records

  used in such program;

  (J) information on assessments that have been made on the

  accuracy of the records that will be used in such matching

  program; and

  (K) that the Comptroller General may have access to all records

  of a recipient agency or a non-Federal agency that the

  Comptroller General deems necessary in order to monitor

  or verify compliance with the agreement.

  (2)

  (A) A copy of each agreement entered into pursuant to para-

  graph (1) shall—

  (i) be transmitted to the Committee on Governmental

  Affairs of the Senate and the Committee on Government

  Operations of the House of Representatives; and

  (ii) be available upon request to the public.

  (B) No such agreement shall be effective until 30 days after the

  date on which such a copy is transmitted pursuant to sub-

  paragraph (A)(i).

  (C) Such an agreement shall remain in effect only for such

  period, not to exceed 18 months, as the Data Integrity Board

  of the agency determines is appropriate in light of the pur-

  poses, and length of time necessary for the conduct, of the

  matching program.

  Appendix D: Consumer and Credit Data Privacy Laws

  409

  (D) Within 3 months prior to the expiration of such an agree-

  ment pursuant to subparagraph (C), the Data Integrity

  Board of the agency may, without additional review,

  renew the matching agreement for a current, ongoing

  matching program for not more than one additional

  year if—

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

  (i ) each party to the agreement certifies to the Board in writ-

  ing that the program has been conducted in compliance

  with the agreement.

  (p) Verification and Opportunity to Contest Findings

  (1) In order to protect any individual whose records are used in a

  matching program, no recipient agency, non-Federal agency, or

  source agency may suspend, terminate, reduce, or make a final

  denial of any financial assistance or payment under a Federal

  benefit program to such individual, or take other adverse action

  against such individual, as a result of information produced by

  such matching program, until—

  (A) (i) the agency has independently verified the informa-

  tion; or

  (ii) the Data Integrity Board of the agency, or in the case of

  a non-Federal agency the Data Integrity Board of the

  source agency, determines in accordance with guid-

  ance issued by the Director of the Office of Management

  and Budget that—

  (I) the information is limited to identification and

  amount of benefits paid by the source agency under

  a Federal benefit program; and

  (II) there is a high degree of confidence that the informa-

  tion provided to the recipient agency is accurate;

  (B) the individual receives a notice from the agency containing

  a statement of its findings and informing the individual of

  the opportunity to contest such findings; and

  (C) (i) the expiration of any time period established for the

  program by statute or regulation for the individual to

  respond to that notice; or

  (ii) in the case of a program for which no such period is

  established, the end of the 30-day period beginning

  on the date on which notice under subparagraph (B) is

  mailed or otherwise provided to the individual.

  (2) Independent verification referred to in paragraph (1) requires

  investigation and confirmation of specific information relat-

  ing to an individual that is used as a basis for an adverse action

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  Appendix D: Consumer and Credit Data Privacy Laws

  against the individual, including where applicable investigation

  and confirmation of—

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

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

  asset or income for such individual’s own use; and

  (C) the period or periods when the individual actually had such

  asset or income.

  (3) Notwithstanding paragraph (1), an agency may take any appro-

  priate action otherwise prohibited by such paragraph if the

  agency determines that the public health or public safety may be

  adversely affected or significantly threatened during any notice

  period required by such paragraph.

  (q) Sanctions

  (1) Notwithstanding any other provision of law, no source agency

  may disclose any record which is contained in a system of records

  to a recipient agency or non-Federal agency for a matching pro-

  gram if such source agency has reason to believe that the require-

  ments of subsection (p), or any matching agreement entered into

  pursuant to subsection (o), or both, are not being met by such

  recipient agency.

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

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

  it has complied with the provisions of that agreement; and

  (B) the source agency has no reason to believe that the certifica-

  tion is inaccurate.

  (r) Report on new systems and matching programs. Each agency that

  proposes to establish or make a significant change in a system of

  records or a matching program shall provide adequate advance

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

  Government Operations of the House of Representatives, the

  Committee on Governmental Affairs of the Senate, and the Office

  of Management and Budget in order to permit an evaluation of the

  probable or potential effect of such proposal on the privacy or other

  rights of individuals.

  (s) [Biennial report] Repealed by the Federal Reports Elimination and

  Sunset Act of 1995, Pub. L. No. 104-66, § 3003, 109 Stat. 707, 734-36

  (1995), amended by Pub. L. No. 106–113, § 236, 113 Stat. 1501, 1501A-302 (1999) (changing effective date to May 15, 2000).

  (t) Effect of other laws

  (1) 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.

  Appendix D: Consumer and Credit Data Privacy Laws

  411

  (2) No agency shall rely on any exemption in this section to with-

  hold from an individual any record which is otherwise acces-

  sible to such individual under the provisions of section 552 of

  this title.

  (u) Data Integrity Boards

  (1) Every agency conducting or participating in a matching program

  shall establish a Data Integrity Board to oversee and coordinate

  among the various components of such agency the agency’s

  implementation of this section.

  (2) Each Data Integrity Board shall consist of senior officials des-

  ignated by the head of the agency, and shall include any senior

>   official designated by the head of the agency as responsible for

  implementation of this section, and the inspector general of the

  agency, if any. The inspector general shall not serve as chairman

  of the Data Integrity Board.

  (3) Each Data Integrity Board—

  (A) shall review, approve, and maintain all written agreements

  for receipt or disclosure of agency records for matching pro-

  grams to ensure compliance with subsection (o), and all rel-

  evant statutes, regulations, and guidelines;

  (B) shall review all matching programs in which the agency

  has participated during the year, either as a source agency

  or recipient agency, determine compliance with applicable

  laws, regulations, guidelines, and agency agreements, and

  assess the costs and benefits of such programs;

  (C) shall review all recurring matching programs in which the

  agency has participated during the year, either as a source

  agency or recipient agency, for continued justification for

  such disclosures;

  (D) shall compile an annual report, which shall be submitted to

  the head of the agency and the Office of Management and

  Budget and made available to the public on request, describ-

  ing the matching activities of the agency, including—

  (i) matching programs in which the agency has participated

  as a source agency or recipient agency;

  (i ) matching agreements proposed under subsection (o) that

  were disapproved by the Board;

  (i i) any changes in membership or structure of the Board in

  the preceding year;

  (iv) the reasons for any waiver of the requirement in para-

  graph (4) of this section for completion and submission of

  a cost-benefit analysis prior to the approval of a matching

  program;

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  Appendix D: Consumer and Credit Data Privacy Laws

  (v) any violations of matching agreements that have been

  alleged or identified and any corrective action taken;

  and

  (vi) any other information required by the Director of the

  Office of Management and Budget to be included in

  such report;

  (E) shall serve as a clearinghouse for receiving and providing

  information on the accuracy, completeness, and reliability

  of records used in matching programs;

  (F) shall provide interpretation and guidance to agency compo-

  nents and personnel on the requirements of this section for

  matching programs;

  (G) shall review agency recordkeeping and disposal policies and

  practices for matching programs to assure compliance with

  this section; and

  (H) may review and report on any agency matching activities

  that are not matching programs.

  (4)

  (A) Except as provided in subparagraphs (B) and (C), a Data

  Integrity Board shall not approve any written agreement

  for a matching program unless the agency has completed

  and submitted to such Board a cost-benefit analysis of the

  proposed program and such analysis demonstrates that the

  program is likely to be cost effective.

  (B) The Board may waive the requirements of subparagraph (A)

  of this paragraph if it determines in writing, in accordance

  with guidelines prescribed by the Director of the Office of

  Management and Budget, that a cost-benefit analysis is not

  required.

  (C) A cost-benefit analysis shall not be required under subpara-

  graph (A) prior to the initial approval of a written agreement

  for a matching program that is specifical y required by statute.

  Any subsequent written agreement for such a program shal

  not be approved by the Data Integrity Board unless the agency

  has submitted a cost-benefit analysis of the program as con-

  ducted 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 disap-

  proval to the Director of the Office of Management and

  Budget. Timely notice of the filing of such an appeal shall be

  provided by the Director of the Office of Management and

  Appendix D: Consumer and Credit Data Privacy Laws

  413

  Budget to the Committee on Governmental Affairs of the

  Senate and the Committee on Government Operations of

  the House of Representatives.

  (B) The Director of the Office of Management and Budget

  may approve a matching agreement notwithstanding

  the disapproval of a Data Integrity Board if the Director

  determines that—

  (i) the matching program will be consistent with all appli-

  cable legal, regulatory, and policy requirements;

  (i ) 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 agree-

  ment shall not take effect until 30 days after it is reported to

  committees described in subparagraph (A).

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

  Management and Budget disapprove a matching program

  proposed by the inspector general of an agency, the inspec-

  tor general may report the disapproval to the head of the

  agency and to the Congress.

  (6) The Director of the Office of Management and Budget shall,

  annually during the first 3 years after the date of enactment of

  this subsection and biennially thereafter, consolidate in a report

  to the Congress the information contained in the reports from

  the various Data Integrity Boards under paragraph (3)(D). Such

  report shall include detailed information about costs and ben-

  efits of matching programs that are conducted during the period

  covered by such consolidated report, and shall identify each

  waiver granted by a Data Integrity Board of the requirement for

  completion and submission of a cost-benefit analysis and the rea-

  sons for granting the waiver.

  (7) In the reports required by paragraphs (3)(D) and (6), agency match-

  ing activities that are not matching programs may be reported on

  an aggregate basis, if and to the extent necessary to protect ongo-

  ing law enforcement or counterintelligence investigations.

  (v) Office of Management and Budget Responsibilities

  The Director of the Office of Management and Budget shall—

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

  prescribe guidelines and regulations for the use of agencies in

  implementing the provisions of this section; and

  (2) provide continuing assistance to and oversight of the implemen-

  tation of this section by agencies.

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  Appendix D: Consumer and Credit Data Privacy Laws

  The following section originally was part of the Privacy Act but was not codified; it may be found at § 552a (note).

  §. 7(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 secu-

  rity ac
count number.

  (2) The provisions of paragraph (1) of this subsection shall not apply

  with respect to—

  (A) any disclosure which is required by Federal statute, or

  (B) any 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 dis-

  closure was required under statute or regulation adopted

  prior to such date to verify the identity of an individual.

  (b) Any Federal, State or local government agency which requests an

  individual to disclose his social security account number shall

  inform that individual whether that disclosure is mandatory or

  voluntary, by what statutory or other authority such number is

  solicited, and what uses will be made of it.

  The following sections originally were part of P.L. 100-503, the Computer Matching and Privacy Protection Act of 1988; they may be found at § 552a (note).

  §. 6 Functions of the Director of the Office

  of Management and Budget

  (b) Implementation Guidance for Amendments—The Director

  shall, pursuant to section 552a(v) of Title 5, United States Code,

  develop guidelines and regulations for the use of agencies in

  implementing the amendments made by this Act not later than 8

  months after the date of enactment of this Act.

  §. 9 Rules of Construction

  Nothing in the amendments made by this Act shall be construed to

  authorize—

  (1) the establishment or maintenance by any agency of a national data

  bank that combines, merges, or links information on individuals

  maintained in systems of records by other Federal agencies;

 

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