Page:United States Statutes at Large Volume 102 Part 3.djvu/560

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2512

PUBLIC LAW 100-503~OCT. 18, 1988

"(7) In the reports required by paragraphs (3)(D) and (6), agency matching activities that are not matching programs may be reported on an aggregate basis, if and to the extent necessary to protect ongoing law enforcement or counterintelligence investigations.". SEC. 5. DEFINITIONS.

Subsection (a) of section 552a of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (6), (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following new paragraphs: "(8) the term 'matching program'— "(A) means any computerized comparison of— "(i) two or more automated systems of records or a system of records with non-Federal records for the purpose of— "(I) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or "(II) recouping payments or delinquent debts under such Federal benefit programs, or "(ii) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, "(B) but does not include— "(i) matches performed to produce aggregate statistical data without any personal identifiers; "(ii) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals; (iii) matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons; "(iv) matches of tax information (I) pursuant to section 6103(d) of the Internal Revenue Code of 1986, (II) for purposes of tax administration as defined in section 6103(b)(4) of such Code, (III) for the purpose of intercepting a tax refund due an individual under authority granted by section 464 or 1137 of the Social Security Act; or (IV) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act; "(v) matches—