Sec. 104. Responsibilities and functions of Chief Privacy Officer
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Section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ) is amended— in subsection (a)— in the matter preceding paragraph (1)— by inserting to be the Chief Privacy Officer of the Department, after in the Department, ; and by striking to the Secretary, to assume and inserting to the Secretary. Such official shall have ; in paragraph (5), by striking and at the end; by striking paragraph (6); and by inserting after paragraph
(5)the following new paragraphs: developing guidance to assist components of the Department in developing privacy policies and practices; establishing a mechanism to ensure such components are in compliance with Federal, regulatory, statutory, and Department privacy requirements, mandates, directives, and policies; working with the Chief Information Officer of the Department to identify methods for managing and overseeing the records, management policies, and procedures of the Department; working with components and offices of the Department to ensure that information sharing activities incorporate privacy protections; serving as the Chief FOIA Officer of the Department for purposes of subsection
(j)of section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), to manage and process requests related to such section; developing guidance on procedures to be followed by individuals making requests for information under section 552 of title 5, United States Code; overseeing the management and processing of requests for information under section 552 of title 5, United States Code, within Department Headquarters and relevant Department component offices; identifying and eliminating unnecessary and duplicative actions taken by the Department in the course of processing requests for information under section 552 of title 5, United States Code; preparing an annual report to Congress that includes— a description of the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (popularly known as the Privacy Act of 1974), internal controls, and other matters; and the number of new technology programs implemented in the Department during the fiscal year covered by the report, the number of such programs that the Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of such programs that effectively implemented privacy protections into new technology programs, and an explanation of why any new programs did not effectively implement privacy protections; and carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section. ; and by adding at the end the following new subsection: Notwithstanding subsection (a)(10), the Secretary may reassign the functions related to managing and processing requests for information under section 552 of title 5, United States Code, to another officer within the Department, consistent with requirements of that section. .
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Sec. 104
Responsibilities and functions of Chief Privacy Officer
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