---
kind: "section"
citation: "6 U.S.C. § 142"
title: "6"
title_heading: "Domestic Security"
number: "142"
heading: "Privacy officer"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/142"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter II — Information Analysis"
  - "Part B — Information Security"
---

# §142. Privacy officer

- (a) **Appointment and responsibilities—** The [Secretary](/usc/6/101.md?p=16) shall appoint a senior official in the [Department](/usc/6/101.md?p=5), who shall report directly to the [Secretary](/usc/6/101.md?p=16), 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](/usc/5/552a.md)];
  - (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](/usc/6/101.md?p=5) or that of the [Department](/usc/6/101.md?p=5) 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](/usc/6/101.md?p=5) that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [[5 U.S.C. 552a](/usc/5/552a.md)], internal controls, and other matters.
- (b) **Authority to investigate—**
  - (1) **In general—** The senior official appointed under [subsection (a)](#a) may—
    - (A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the [Department](/usc/6/101.md?p=5) 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](/usc/6/101.md?p=5) as are, in the senior official’s judgment, necessary or desirable;
    - (C) subject to the approval of the [Secretary](/usc/6/101.md?p=16), require by subpoena the production, by any person other than a [Federal agency](/usc/6/677a.md?p=4), 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) **Enforcement of subpoenas—** Any subpoena issued under [paragraph (1)(C)](#b-1-C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate [United States](/usc/6/101.md?p=19-A) district court.
  - (3) **Effect of oaths—** Any oath, affirmation, or affidavit administered or taken under [paragraph (1)(D)](#b-1-D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under [subsection (a)](#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 [subsection (a)](#a) shall—
    - (A) report to, and be under the general supervision of, the [Secretary](/usc/6/101.md?p=16); and
    - (B) coordinate activities with the Inspector General of the [Department](/usc/6/101.md?p=5) in order to avoid duplication of effort.
  - (2) **Coordination with the Inspector General—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-2-B), the senior official appointed under [subsection (a)](#a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the [Department](/usc/6/101.md?p=5) relevant to the purposes under this section.
    - (B) **Coordination—**
      - (i) **Referral—** Before initiating any investigation described under [subparagraph (A)](#c-2-A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the [Department](/usc/6/101.md?p=5).
      - (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)](#c-2-B-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)](#c-2-B-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)](#c-2-B-ii-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) **Investigation by senior official—** The senior official may investigate a matter referred under [clause (i)](#c-2-B-i) if—
        - (I) the Inspector General notifies the senior official under [clause (ii)(I)(bb)](#c-2-B-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)](#c-2-B-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)](#c-2-B-i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an [entity](/usc/6/301c.md?p=2) approved by the Inspector General in consultation with the senior official appointed under [subsection (a)](#a).
- (d) **Notification to Congress on removal—** If the [Secretary](/usc/6/101.md?p=16) removes the senior official appointed under [subsection (a)](#a) or transfers that senior official to another position or location within the [Department](/usc/6/101.md?p=5), the [Secretary](/usc/6/101.md?p=16) 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) **Reports by senior official to Congress—** The senior official appointed under [subsection (a)](#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](/usc/6/101.md?p=16), Deputy [Secretary](/usc/6/101.md?p=16), or any other officer or employee of the [Department](/usc/6/101.md?p=5) or the Office of Management and Budget; and
  - (2) inform the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate and the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives not later than—
    - (A) 30 days after the [Secretary](/usc/6/101.md?p=16) disapproves the senior official’s request for a subpoena under [subsection (b)(1)(C)](#b-1-C) or the [Secretary](/usc/6/101.md?p=16) substantively modifies the requested subpoena; or
    - (B) 45 days after the senior official’s request for a subpoena under [subsection (b)(1)(C)](#b-1-C), if that subpoena has not either been approved or disapproved by the [Secretary](/usc/6/101.md?p=16).

## Source credit

(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.)

## Notes

### 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).