§142 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary must pick a senior official who reports to the Secretary and is in charge of the Department’s privacy policy. That person must make sure technology and Department actions do not weaken privacy, that personal data in Privacy Act systems follow fair information rules, and that proposed laws, rules, or Department actions get reviewed for privacy impacts (including the kinds of data collected and how many people are affected). The official must work with the Officer for Civil Rights and Civil Liberties so privacy and civil-rights issues are handled together, and must send an annual report to Congress about Department activities that affect privacy, including complaints, how the Privacy Act is being followed, and internal controls. The official may see Department records, investigate and report on privacy matters, and—if the Secretary approves—subpoena people who are not federal agencies and take oaths. Subpoenas can be enforced by a federal district court if ignored. Before investigating a matter, the official must first send it to the Inspector General (IG). The IG has 30 days to say whether it will audit or investigate. If the IG says it will but does not start within 90 days, it must tell the official within 3 days after that 90-day period. The official may investigate only if the IG declines or fails to act as described. IG staff who handle referred matters must get privacy training approved by the IG with the senior official’s input. If the Secretary removes or moves the official, the Secretary must quickly tell both Houses of Congress and explain why. The official can send reports straight to Congress without prior review by Department leaders. The official must also notify two Congressional committees within 30 days if the Secretary disapproves or changes a subpoena request, or within 45 days if the Secretary has not acted.

Title 6, §142

Domestic Security — Source: USLM XML via OLRC

(a)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 sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;

(2)assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a];

(3)evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;

(4)conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information 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 involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and

(B)Congress receives appropriate reports on such programs, policies, and procedures; and

(6)preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [5 U.S.C. 552a], internal controls, and other matters.

(b)(1)The senior official appointed under subsection (a) may—

(A)have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;

(B)make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable;

(C)subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, 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 responsibilities of the senior official under this section.

(2)Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court.

(3)Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated 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)(1)The senior official appointed under subsection (a) shall—

(A)report to, and be under the general supervision of, the Secretary; and

(B)coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.

(2)(A)Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.

(B)(i)Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.

(ii)(I)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)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 investigation 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 subclause shall be made not later than 3 days after the end of that 90-day period.

(iii)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 intend 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)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 Inspector General in consultation with the senior official appointed under subsection (a).

(d)If the Secretary removes the senior official appointed 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 reasons for the removal or transfer.

(e)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, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and

(2)inform the Committee on Homeland Security 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 subpoena; or

(B)45 days after the senior official’s request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.

Notes & Related Subsidiaries

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 Organization and Employees, and provisions set out as notes under section 552a of Title 5. For complete classification 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 Department” in introductory provisions. Pars. (5), (6). Pub. L. 108–458, § 8305(2)–(4), added par. (5) and redesignated former par. (5) as (6).

§142 Privacy Officer