Common use of VERIFICATION PROCEDURES Clause in Contracts

VERIFICATION PROCEDURES. The Privacy Act requires that each matching agreement specify procedures for verifying information produced in the matching program and an opportunity to contest findings, as required by subsection (p). 5 U.S.C. § 552a(o)(1)(E). Subsection (p) of the Privacy Act provides as follows: (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 information; (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 (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 relating to an individual that is used as a basis for an adverse action 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 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 any notice period required by such paragraph.

VERIFICATION PROCEDURES. The Privacy Act requires that each matching agreement specify procedures for verifying information produced in the matching program and an opportunity to contest findings, as required by subsection (p). 5 U.S.C. § §552a(o)(1)(E). Subsection (p) of the Privacy Act provides as follows: (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 information;; *** (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 (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 relating to an individual that is used as a basis for an adverse action 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 ’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 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 any notice period required by such paragraph.