Sec. 109. 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)(B), 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; providing component heads with input on the management of their respective FOIA offices, including recruiting and hiring component FOIA officers, budget formulation, and organizational placement within each such component; issuing guidance to relevant Department component offices to ensure compliance with unified disclosure, processing, and training policies in accordance with section 552 of title 5, United States Code; 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 each such 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 each such 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; coordinate with the Under Secretary for Intelligence and Analysis to— ensure that any intelligence information under this Act is, to the extent practicable, shared, retained, and disseminated in a manner consistent with the protection of the privacy rights; and provide training to intelligence personnel on privacy rights, regulations, and information practices as specified in section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974 ) and other relevant laws, with a focus on personnel who have authority to disseminate information analyzed by the Department pursuant to paragraph
(6)of section 201(d) or the responsibility to review information to be disseminated pursuant to paragraph
(6)of 201(d); 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 official within the Department, consistent with requirements of such section. The Chief Privacy Officer, or, if the Secretary determines appropriate, whoever is designated 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 ) in furtherance of improving the Department’s timely compliance with such section 552. 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 relating to disclosure policies and processes, referred to in such paragraph, encountered within Department component offices. 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
(14)of subsection (a). Ways to reduce unnecessary redundancies that may undermine the responsive and efficient processing of requests for information under such section 552. .
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Sec. 109
Chief Privacy Officer
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