[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Presidential Documents]
[Pages 7687-7689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03141]



[[Page 7685]]

Vol. 81

Friday,

No. 29

February 12, 2016

Part IV





The President





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Executive Order 13719--Establishment of the Federal Privacy Council
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  Federal Register / Vol. 81 , No. 29 / Friday, February 12, 2016 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13719 of February 9, 2016

                
Establishment of the Federal Privacy Council

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. The mission of the United States 
                Government is to serve its people. In order to 
                accomplish its mission, the Government lawfully 
                collects, maintains, and uses large amounts of 
                information about people in a wide range of contexts. 
                Protecting privacy in the collection and handling of 
                this information is fundamental to the successful 
                accomplishment of the Government's mission. The proper 
                functioning of Government requires the public's trust, 
                and to maintain that trust the Government must strive 
                to uphold the highest standards for collecting, 
                maintaining, and using personal data. Privacy has been 
                at the heart of our democracy from its inception, and 
                we need it now more than ever.

                Executive departments and agencies (agencies) already 
                take seriously their mission to protect privacy and 
                have been working diligently to advance that mission 
                through existing interagency mechanisms. Today's 
                challenges, however, require that we find even more 
                effective and innovative ways to improve the 
                Government's efforts. Our efforts to meet these new 
                challenges and preserve our core value of privacy, 
                while delivering better and more effective Government 
                services for the American people, demand leadership and 
                enhanced coordination and collaboration among a diverse 
                group of stakeholders and experts.

                Therefore, it shall be the policy of the United States 
                Government that agencies shall establish an interagency 
                support structure that: builds on existing interagency 
                efforts to protect privacy and provides expertise and 
                assistance to agencies; expands the skill and career 
                development opportunities of agency privacy 
                professionals; improves the management of agency 
                privacy programs by identifying and sharing lessons 
                learned and best practices; and promotes collaboration 
                between and among agency privacy professionals to 
                reduce unnecessary duplication of efforts and to ensure 
                the effective, efficient, and consistent implementation 
                of privacy policy Government-wide.

                Sec. 2. Policy on Senior Agency Officials for Privacy. 
                Within 120 days of the date of this order, the Director 
                of the Office of Management and Budget (Director) shall 
                issue a revised policy on the role and designation of 
                the Senior Agency Officials for Privacy. The policy 
                shall provide guidance on the Senior Agency Official 
                for Privacy's responsibilities at their agencies, 
                required level of expertise, adequate level of 
                resources, and other matters as determined by the 
                Director. Agencies shall implement the requirements of 
                the policy within a reasonable time frame as prescribed 
                by the Director and consistent with applicable law.

                Sec. 3. Responsibilities of Agency Heads. The head of 
                each agency, consistent with guidance to be issued by 
                the Director as required in section 2 of this order, 
                shall designate or re-designate a Senior Agency 
                Official for Privacy with the experience and skills 
                necessary to manage an agency-wide privacy program. In 
                addition, the head of each agency, to the extent 
                permitted by law and consistent with ongoing 
                activities, shall work with the Federal Privacy 
                Council, established in section 4 of this order.

                Sec. 4. The Federal Privacy Council.

[[Page 7688]]

                    (a) Establishment. There is hereby established the 
                Federal Privacy Council (Privacy Council) as the 
                principal interagency forum to improve the Government 
                privacy practices of agencies and entities acting on 
                their behalf. The establishment of the Privacy Council 
                will help Senior Agency Officials for Privacy at 
                agencies better coordinate and collaborate, educate the 
                Federal workforce, and exchange best practices. The 
                activities of the Privacy Council will reinforce the 
                essential work that agency privacy officials undertake 
                every day to protect privacy.
                    (b) Membership. The Chair of the Privacy Council 
                shall be the Deputy Director for Management of the 
                Office of Management and Budget. The Chair may 
                designate a Vice Chair, establish working groups, and 
                assign responsibilities for operations of the Privacy 
                Council as he or she deems necessary. In addition to 
                the Chair, the Privacy Council shall be composed of the 
                Senior Agency Officials for Privacy at the following 
                agencies:

                Sec. 5. General Provisions.  (a) Nothing in this order 
                shall be construed to impair or othewise affect:

(i) Department of State;

(ii) Department of the Treasury;

(iii) Department of Defense;

(iv) Department of Justice;

(v) Department of the Interior;

(vi) Department of Agriculture;

(vii) Department of Commerce;

(viii) Department of Labor;

(ix) Department of Health and Human Services;

(x) Department of Homeland Security;

(xi) Department of Housing and Urban Development;

(xii) Department of Transportation;

(xiii) Department of Energy;

(xiv) Department of Education;

(xv) Department of Veterans Affairs;

(xvi) Environmental Protection Agency;

(xvii) Office of the Director of National Intelligence;

(xviii) Small Business Administration;

(xix) National Aeronautics and Space Administration;

(xx) Agency for International Development;

(xxi) General Services Administration;

(xxii) National Science Foundation;

(xxiii) Office of Personnel Management; and

(xxiv) National Archives and Records Administration.

                The Privacy Council may also include other officials 
                from agencies and offices, as the Chair may designate, 
                and the Chair may invite the participation of officials 
                from such independent agencies as he or she deems 
                appropriate.

                    (c) Functions. The Privacy Council shall:

(i) develop recommendations for the Office of Management and Budget on 
Federal Government privacy policies and requirements;

(ii) coordinate and share ideas, best practices, and approaches for 
protecting privacy and implementing appropriate privacy safeguards;

(iii) assess and recommend how best to address the hiring, training, and 
professional development needs of the Federal Government with respect to 
privacy matters; and

[[Page 7689]]

(iv) perform other privacy-related functions, consistent with law, as 
designated by the Chair.

                    (d) Coordination.

(i) The Chair and the Privacy Council shall coordinate with the Federal 
Chief Information Officers Council (CIO Council) to promote consistency and 
efficiency across the executive branch when addressing privacy and 
information security issues. In addition, the Chairs of the Privacy Council 
and the CIO Council shall coordinate to ensure that the work of the two 
councils is complementary and not duplicative.

(ii) The Chair and the Privacy Council should coordinate, as appropriate, 
with such other interagency councils and councils and offices within the 
Executive Office of the President, as appropriate, including the 
President's Management Council, the Chief Financial Officers Council, the 
President's Council on Integrity and Efficiency, the National Science and 
Technology Council, the National Economic Council, the Domestic Policy 
Council, the National Security Council staff, the Office of Science and 
Technology Policy, the Interagency Council on Statistical Policy, the 
Federal Acquisition Regulatory Council, and the Small Agency Council.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head 
thereof; or

(ii) the functions of the Director relating to budgetary, administrative, 
or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) Independent agencies are encouraged to comply 
                with the requirements of this order.
                    (d) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 9, 2016.

[FR Doc. 2016-03141
Filed 2-11-16; 11:15 am]
Billing code 3295-F6-P