6 U.S.C. § 142 — Privacy officer

Page 61 TITLE 6—DOMESTIC SECURITY § 142 Stat. 814; Pub. L. 112–199, title I, § 111, Nov. 27, 2012, 126 Stat. 1472, which related to protection of voluntarily shared critical infrastructure information, was renum- bered section 2224 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 673 of this title. Section 134, Pub. L. 107–296, title II, § 215, Nov. 25, 2002, 116 Stat. 2155, which prohibited the construction of former part B as creating a private right of action for enforcement of any provision of this chapter, was re- numbered section 2225 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 674 of this title. § 141. Procedures for sharing information The Secretary shall establish procedures on the use of information shared under this sub- chapter that— (1) limit the redissemination of such infor- mation to ensure that it is not used for an un- authorized purpose; (2) ensure the security and confidentiality of such information; (3) protect the constitutional and statutory rights of any individuals who are subjects of such information; and (4) provide data integrity through the timely removal and destruction of obsolete or erro- neous names and information. (Pub. L. 107–296, title II, § 221, Nov. 25, 2002, 116 Stat. 2155.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sec- tions 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and Na- tional Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. § 142. Privacy officer (a) Appointment and responsibilities The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including— (1) assuring that the use of technologies sus- tain, and do not erode, privacy protections re- lating to the use, collection, and disclosure of personal information; (2) assuring that personal information con- tained in Privacy Act systems of records is handled in full compliance with fair informa- tion practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a]; (3) evaluating legislative and regulatory pro- posals involving collection, use, and disclosure of personal information by the Federal Gov- ernment; (4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal in- formation, including the type of personal in- formation collected and the number of people affected; (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies, and procedures in- volving civil rights, civil liberties, and pri- vacy considerations are addressed in an inte- grated and comprehensive manner; and (B) Congress receives appropriate reports on such programs, policies, and procedures; and (6) preparing a report to Congress on an an- nual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Pri- vacy Act of 1974 [5 U.S.C. 552a], internal con- trols, and other matters. (b) Authority to investigate (1) In general The senior official appointed under sub- section (a) may— (A) have access to all records, reports, au- dits, reviews, documents, papers, rec- ommendations, and other materials avail- able to the Department that relate to pro- grams and operations with respect to the re- sponsibilities of the senior official under this section; (B) make such investigations and reports relating to the administration of the pro- grams and operations of the Department as are, in the senior official’s judgment, nec- essary or desirable; (C) subject to the approval of the Sec- retary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, an- swers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and (D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibil- ities of the senior official under this section. (2) Enforcement of subpoenas Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appro- priate United States district court. (3) Effect of oaths Any oath, affirmation, or affidavit adminis- tered or taken under paragraph (1)(D) by or be- fore an employee of the Privacy Office des- ignated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office. (c) Supervision and coordination (1) In general The senior official appointed under sub- section (a) shall— (A) report to, and be under the general su- pervision of, the Secretary; and (B) coordinate activities with the Inspec- tor General of the Department in order to avoid duplication of effort. Page 62 TITLE 6—DOMESTIC SECURITY §§ 143 to 145 (2) Coordination with the Inspector General (A) In general Except as provided in subparagraph (B), the senior official appointed under sub- section (a) may investigate any matter re- lating to possible violations or abuse con- cerning the administration of any program or operation of the Department relevant to the purposes under this section. (B) Coordination (i) Referral Before initiating any investigation de- scribed under subparagraph (A), the senior official shall refer the matter and all re- lated complaints, allegations, and infor- mation to the Inspector General of the De- partment. (ii) Determinations and notifications by the Inspector General (I) In general Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall— (aa) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and (bb) notify the senior official of that determination. (II) Investigation not initiated If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investiga- tion within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this sub- clause shall be made not later than 3 days after the end of that 90-day period. (iii) Investigation by senior official The senior official may investigate a matter referred under clause (i) if— (I) the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not in- tend to initiate an audit or investigation relating to that matter; or (II) the Inspector General provides a further notification under clause (ii)(II) relating to that matter. (iv) Privacy training Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the In- spector General in consultation with the senior official appointed under subsection (a). (d) Notification to Congress on removal If the Secretary removes the senior official ap- pointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall— (1) promptly submit a written notification of the removal or transfer to Houses of Congress; and (2) include in any such notification the rea- sons for the removal or transfer. (e) Reports by senior official to Congress The senior official appointed under subsection (a) shall— (1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, with- out any prior comment or amendment by the Secretary, Deputy Secretary, or any other of- ficer or employee of the Department or the Of- fice of Management and Budget; and (2) inform the Committee on Homeland Se- curity and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than— (A) 30 days after the Secretary disapproves the senior official’s request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested sub- poena; or (B) 45 days after the senior official’s re- quest for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Sec- retary. (Pub. L. 107–296, title II, § 222, Nov. 25, 2002, 116 Stat. 2155; Pub. L. 108–458, title VIII, § 8305, Dec. 17, 2004, 118 Stat. 3868; Pub. L. 110–53, title VIII, § 802, Aug. 3, 2007, 121 Stat. 358.) Editorial Notes REFERENCES IN TEXT The Privacy Act of 1974, referred to in subsec. (a)(2), (6), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, which enacted section 552a of Title 5, Government Organiza- tion and Employees, and provisions set out as notes under section 552a of Title 5. For complete classifica- tion of this Act to the Code, see Short Title of 1974 Amendment note set out under section 552a of Title 5 and Tables. AMENDMENTS 2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (e). 2004—Pub. L. 108–458, § 8305(1), inserted ‘‘, who shall report directly to the Secretary,’’ after ‘‘in the Depart- ment’’ in introductory provisions. Pars. (5), (6). Pub. L. 108–458, § 8305(2)–(4), added par. (5) and redesignated former par. (5) as (6). §§ 143 to 145. Transferred Editorial Notes CODIFICATION Section 143, Pub. L. 107–296, title II, § 223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334; Pub. L. 113–283, § 2(e)(3)(A), Dec. 18, 2014, 128 Stat. 3086, which related to enhancement of Federal and non-Federal cybersecurity, was renum- bered section 2205 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 655 of this title. Section 144, Pub. L. 107–296, title II, § 224, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(B), Aug.