Sec. 3. Strengthening protections for individuals
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/bill/119/s/1208/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 552a of title 5, United States Code, is amended— in subsection (a)(7), by inserting and is appropriate and reasonably necessary for the efficient and effective conduct of the Government before the semicolon at the end; in subsection (b)(1), by inserting and that disclosure is consistent with, and related to, a purpose described under subsection (e)(4)(D) of this section before the semicolon at the end; and in subsection (e)— in the matter preceding paragraph (1), by striking that maintains a system of records ; in paragraph (2), by striking under Federal programs ; in paragraph (4)— by amending subparagraph
(D)to read as follows: any purpose for which the information is intended to be used, including each routine use; ; in subparagraph (H), by striking and at the end; in subparagraph (I), by inserting and after the semicolon; and by adding at the end the following: the legal authority for each purpose for which the records contained in the system are used, which shall contain a citation to the applicable law, executive order, or other authority; ; in paragraph (11), by striking and at the end; in paragraph (12), by striking the period at the end and inserting a semicolon; and by adding at the end the following: use records only for a legally authorized purpose; and take reasonable efforts to ensure that a record that is disclosed contains the minimum amount of information necessary to accomplish the purpose of the disclosure. . Section 552a(a)(8)(B) of title 5, United States Code, is amended— by amending clause
(ii)to read as follows: matches performed to support any research or statistical project, if the results of the match are not intended to be used, and are not used, to— make decisions concerning the rights, benefits, or privileges of specific individuals; or take any adverse financial, personnel, or disciplinary action, or any other adverse action, against Federal personnel; ; in clause (viii), by inserting or after the semicolon at the end; by striking clause (ix); and by redesignating clause
(x)as clause (ix). Section 552a(g) of title 5, United States Code, is amended— in paragraph (1)— by amending subparagraph
(D)to read as follows: fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have, or that could reasonably lead to, an adverse effect on any person (including any State or territory (or any political subdivision of any State or territory) or any Indian Tribe), ; and in the flush text following subparagraph (D), by inserting or person, as applicable, after the individual ; and by amending paragraph
(4)to read as follows: In any suit brought under the provisions of subsection (g)(1)(C) or
(D)of this section— the court may provide such preliminary and other equitable or declaratory relief as may be appropriate; and if the court determines that the agency acted in a manner that was intentional or willful, the United States shall be liable to the individual or person, as applicable, in an amount equal to the sum of— actual damages, including nonpecuniary damages, sustained by the individual or person as a result of the refusal or failure, but in no case shall an individual or person entitled to recovery receive less than the sum of $1,000; the costs of the action together with reasonable attorney fees as determined by the court; and punitive damages in an amount determined appropriate by the court. . Section 552a(i) of title 5, United States Code, is amended— in paragraph (1), by adding at the end the following: A person who commits an offense described in the previous sentence with the intent to sell, transfer, use, or disclose a record described in that sentence for commercial advantage, personal gain, or malicious harm shall be guilty of a felony and fined not more than $250,000, imprisoned for not more than 10 years, or both. ; and in paragraph (3), by striking misdemeanor and fined not more than $5,000 and inserting felony and fined not more than $100,000 .