Page:United States Statutes at Large Volume 102 Part 3.djvu/557

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-503—OCT. 18, 1988

102 STAT. 2509

"(C) the period or periods when the individual actually had such asset or income. "(3) No recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial Eissistance or payment under a Federal benefit program to any individual described in paragraph (1), or take other adverse action against such individual as a result of information produced by a matching program, (A) unless such individual has received notice from such agency containing a statement of its findings and informing the individual of the opportunity to contest such findings, and (B) until the subsequent expiration of any notice period provided by the program's law or regulations, or 30 days, whichever is later. Such opportunity to contest may be satisfied by notice, hearing, and appeal rights governing such Federal benefit program. The exercise of any such rights shall not affect any rights available under this section. "(4) Notwithstanding paragraph (3), an agency may take any appropriate 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 the 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 requirements 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 certification is inaccurate.". SEC. 3. NOTICE OF MATCHING PROGRAMS.

(a) NOTICE IN FEDERAL REGISTER.—Subsection (e) of section 552a of title 5, United States (IJode, is amended— (1) by striking out "and" at the end of paragraph (10), (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; and", and (3) by adding at the end thereof the following new paragraph: "(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 establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.". (b)

REPORT TO CONGRESS AND OFFICE OF MANAGEMENT AND

BUDGET.—Subsection (r) of section 552a of title 5, United States Code, as redesignated by section 20t)Xl) of this Act, is amended to read as follows: "(r) REPORT ON N E W 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

Safety,