Sec. 104. Responsibilities and functions of Chief Privacy Officer
719 words·~3 min read·
/bill/116/hr/8309/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 and, if the Secretary so appoints, the Chief Freedom of Information Act
(FOIA)Officer, after in the Department, ; and by striking to the Secretary, to assume primary responsibility for privacy policy and inserting to the Secretary. Such official shall be deemed the equivalent of an Assistant Secretary, and shall assume primary responsibility for privacy policy and, if determined appropriate by the Secretary, FOIA policy, of the Department ; in paragraph (5)(B), by striking and at the end; and by striking paragraph
(6)and inserting the following new paragraphs: developing guidance and recommendations 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 policy development, information sharing, and information management activities incorporate disclosure considerations and 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 such section 552; overseeing hiring of FOIA officers and the management and processing of requests for information under such section 552 within Department Headquarters and relevant Department component offices; identifying and eliminating unnecessary and duplicative technology and actions taken by the Department in the course of processing requests for information under such section 552; 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 insignificant programs implemented or revised in the Department during the fiscal year covered by the report, the number of programs that the Chief Privacy Officer has evaluated to ensure that privacy protections are considered and implemented, the number of programs reviewed that effectively implemented privacy protections, and an explanation of why any new programs did not effectively implement privacy protections; issuing guidance to relevant Department component offices to ensure uniform disclosure policies and processes to administer such section 552; 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 subsections: Notwithstanding any requirement under this section, 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 such section. The Chief Privacy Officer, or, if the Secretary determines appropriate, whoever is appointed by the Secretary as the Chief FOIA Officer, shall establish and serve as the Chair of a working group comprised of personnel from across the Department who are involved in executing disclosure policies and processes involved in administration of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). The working group established in accordance with paragraph
(1)shall be a forum— for the sharing of information and best practices; and to develop solutions to challenges encountered within Department component offices relating to disclosure policies and processes referred to in such paragraph. Members of the working group shall meet not less than once every quarter to advise the Chair on matters concerning disclosure policies and processes involved in the administration of section 552 of title 5, United States Code, including on the following matters: The development of guidance for uniform disclosure policies and processes, in accordance with paragraph
(15)of subsection (a). Ways to reduce unnecessary redundancies that may undermine the responsive and efficient processing of requests for information under such section 552. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 104
Responsibilities and functions of Chief Privacy Officer
Cites 1Cited by 0 across 0 sources