[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5678 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5678

      To amend the Homeland Security Act of 2002 relating to the 
    responsibilities and functions of Chief Privacy Officer of the 
        Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2020

  Mr. Van Drew (for himself and Mr. Rogers of Alabama) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
      To amend the Homeland Security Act of 2002 relating to the 
    responsibilities and functions of Chief Privacy Officer of the 
        Department of Homeland Security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Privacy Office Enhancement Act''.

SEC. 2. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY OFFICER.

    (a) In General.--Section 222 of the Homeland Security Act of 2002 
(6 U.S.C. 142) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``to be the Chief Privacy 
                        Officer of the Department,'' after ``in the 
                        Department,''; and
                            (ii) by striking ``to the Secretary, to 
                        assume'' and inserting ``to the Secretary. Such 
                        official shall have'';
                    (B) in paragraph (5)(B), by striking ``and'' at the 
                end; and
                    (C) by striking paragraph (6) and inserting the 
                following new paragraphs:
            ``(6) developing guidance to assist components of the 
        Department in developing privacy policies and practices;
            ``(7) establishing a mechanism to ensure such components 
        are in compliance with Federal, regulatory, statutory, and 
        Department privacy requirements, mandates, directives, and 
        policies;
            ``(8) 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;
            ``(9) working with components and offices of the Department 
        to ensure that information sharing activities incorporate 
        privacy protections;
            ``(10) 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;
            ``(11) developing guidance on procedures to be followed by 
        individuals making requests for information under such section 
        552;
            ``(12) overseeing the management and processing of requests 
        for information under such section 552 within Department 
        Headquarters and relevant Department component offices;
            ``(13) 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;
            ``(14) identifying and eliminating unnecessary and 
        duplicative actions taken by the Department in the course of 
        processing requests for information under such section 552;
            ``(15) preparing an annual report to Congress that 
        includes--
                    ``(A) 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
                    ``(B) 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
            ``(16) carrying out such other responsibilities as the 
        Secretary determines are appropriate, consistent with this 
        section.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Reassignment of Functions.--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 such section.''.
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