Page:United States Statutes at Large Volume 88 Part 2.djvu/585

 88

STAT.]

PUBLIC LAW 93-579-DEC. 31, 1974

in response to his request if any system of records named by the individual contains a record pertaining to him; ''(2) define reasonable times, places, and requirements for identifyiiio- an mdividual who requests his record or information pertaining- to him before the agency shall make the record or nirorniation available to the individual; ''(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him; "(4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for Avhatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and "(5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall annually compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

1901

P u b l i c a t i o n in Federal Register.

" (g)(1) CIVIL REMEDIES.—Whenever any agency

" (A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection; " (B) refuses to comply with an individual request under subsection (d)(1) of this section; " (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of. or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or " (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. "(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. " (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. "(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of

Jurisdiction.

Amendment of record.

Injunction.

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