6 U.S.C. § 131 — Untitled legal text

Page 60 TITLE 6—DOMESTIC SECURITY §§ 131 to 134 (A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and (B) ensure that such guidance enforces a duty to share between offices and compo- nents of the Department when accessing or contributing to such framework for mission needs. (3) Efficiency The Secretary of Homeland Security shall promulgate data standards and instruct com- ponents of the Department of Homeland Secu- rity to make available information through the data framework required under this sec- tion in a machine-readable standard format, to the greatest extent practicable. (c) Exclusion of information The Secretary of Homeland Security may ex- clude information from the data framework re- quired under this section if the Secretary deter- mines inclusion of such information may— (1) jeopardize the protection of sources, methods, or activities; (2) compromise a criminal or national secu- rity investigation; (3) be inconsistent with other Federal laws or regulations; or (4) be duplicative or not serve an operational purpose if included in such framework. (d) Safeguards The Secretary of Homeland Security shall in- corporate into the data framework required under this section systems capabilities for au- diting and ensuring the security of information included in such framework. Such capabilities shall include the following: (1) Mechanisms for identifying insider threats. (2) Mechanisms for identifying security risks. (3) Safeguards for privacy, civil rights, and civil liberties. (e) Deadline for implementation Not later than 2 years after December 19, 2018, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate informa- tion in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Se- curity. (f) Notice to Congress (1) Status updates The Secretary of Homeland Security shall submit to the appropriate congressional com- mittees regular updates on the status of the data framework until the framework is fully operational. (2) Operational notification Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational. (3) Value added The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this sec- tion to support operations that disrupt ter- rorist activities and incidents in the home- land. (g) Definitions In this section: (1) Appropriate congressional committee; homeland The terms ‘‘appropriate congressional com- mittee’’ and ‘‘homeland’’ have the meaning given those terms in section 101 of this title. (2) Homeland security information The term ‘‘homeland security information’’ has the meaning given such term in section 482 of this title. (3) National intelligence The term ‘‘national intelligence’’ has the meaning given such term in section 3003(5) of title 50. (4) Terrorism information The term ‘‘terrorism information’’ has the meaning given such term in section 485 of this title. (Pub. L. 115–331, § 2, Dec. 19, 2018, 132 Stat. 4484.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Data Framework Act of 2018, and not as part of the Homeland Security Act of 2002 which comprises this chapter. PART B—INFORMATION SECURITY Editorial Notes CODIFICATION Subtitle C of title II of Pub. L. 107–296, which was classified to part C of this subchapter, was redesignated subtitle B of title II of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(K), Nov. 16, 2018, 132 Stat. 4178, and transferred to this part. PRIOR PROVISIONS A prior subtitle B of title II of Pub. L. 107–296, which was classified to this part, was redesignated subtitle B of title XXII of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to part B (§ 671 et seq.) of subchapter XVIII of this chap- ter. §§ 131 to 134. Transferred Editorial Notes CODIFICATION Section 131, Pub. L. 107–296, title II, § 212, Nov. 25, 2002, 116 Stat. 2150; Pub. L. 114–113, div. N, title II, § 204, Dec. 18, 2015, 129 Stat. 2961, which related to definitions, was renumbered section 2222 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 671 of this title. Section 132, Pub. L. 107–296, title II, § 213, Nov. 25, 2002, 116 Stat. 2152, which related to designation of critical infrastructure protection program, was renumbered section 2223 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 672 of this title. Section 133, Pub. L. 107–296, title II, § 214, Nov. 25, 2002, 116 Stat. 2152; Pub. L. 108–271, § 8(b), July 7, 2004, 118 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.