(a) A computer matching program covers two kinds of matching programs (see OMB Matching Guidelines, 54 FR 25818 (June 19, 1989)). If covered, the matches are subject to the requirements of this subpart. The covered programs are:
(1) Matches using records from Federal personnel or payroll systems of records, or
(2) Matches involving Federal benefits program if:
(i) To determine eligibility for a Federal benefit,
(ii) To determine compliance with benefit program requirements, or
(iii) To effect recovery of improper payments or delinquent debts under a Federal benefit program.
(b) The requirements of this part do not apply if matches are:
(1) Performed solely to produce aggregated statistical data without any personal identifiers. Personally identifying data can be used for purposes of conducting the match. However, the results of the match shall be stripped of any data that would identify an individual. Under no circumstances shall match results be used to take action against specific individuals.
(2) Performed to support research or statistical projects. Personally identifying data can be used for purposes of conducting the match and the match results may contain identifying data about individuals. However, the match results shall not be used to make a decision that affects the rights, benefits, or privileges of specific individuals.
(3) Performed by an agency, or a component thereof, whose principal function is the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named individual or individuals.
(i) The match must flow from an investigation already underway which focuses on a named person or persons. “Fishing expeditions” in which the subjects are generically identified, such as “program beneficiaries” are not covered.
(ii) The match must be for the purpose of gathering evidence against the named individual or individuals.
(4) Performed for tax information-related purposes.
(5) Performed for routine administrative purposes using records relating to Federal personnel.
(i) The records to be used in the match must predominantly relate to Federal personnel (i.e., the percentage of records in the system of records that are about Federal personnel must be greater than of any other category).
(ii) The purpose of the match must not be for purposes of taking any adverse financial, personnel, disciplinary, or other unfavorable action against an individual.
(6) Performed using only records from systems of records maintained by an agency.
(i) The purpose of the match must not be for purposes of taking any adverse financial, personnel, disciplinary, or other unfavorable action against an individual.
(ii) A match of DoD personnel using records in a system of records for purposes of identifying fraud, waste, and abuse is not covered.
(7) Performed to produce background checks for security clearances of Federal or contractor personnel or performed for foreign counter-intelligence purposes.
Title 32 published on 2014-07-01
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.