[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5170 Referred in Senate (RFS)]
2d Session
H. R. 5170
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to provide for a privacy
official within each component 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 ``Department of Homeland Security
Component Privacy Officer Act of 2008''.
SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after
section 222 the following new section:
``SEC. 222A. PRIVACY OFFICIALS.
``(a) Designation.--
``(1) In general.--For each component of the Department
under paragraph (2), the Secretary shall, in consultation with
the head of the component, designate a full-time privacy
official, who shall report directly to the senior official
appointed under section 222. Each such component privacy
official shall have primary responsibility for its component in
implementing the privacy policy for the Department established
by the senior official appointed under section 222.
``(2) Components.--The components of the Department
referred to in this subparagraph are as follows:
``(A) The Transportation Security Administration.
``(B) The Bureau of Citizenship and Immigration
Services.
``(C) Customs and Border Protection.
``(D) Immigration and Customs Enforcement.
``(E) The Federal Emergency Management Agency.
``(F) The Coast Guard.
``(G) The Directorate of Science and Technology.
``(H) The Office of Intelligence and Analysis.
``(I) The Directorate for National Protection and
Programs.
``(b) Responsibilities.--Each privacy official designated under
subsection (a) shall report directly to both the head of the official's
component and the senior official appointed under section 222, and
shall have the following responsibilities with respect to the
component:
``(1) Serve as such senior official's main point of contact
at the component to implement the polices and directives of
such senior official in carrying out section 222.
``(2) Advise the head of that component on privacy
considerations when any law, regulation, program, policy,
procedure, or guideline is proposed, developed, or implemented.
``(3) Assure that the use of technologies by the component
sustain or enhance privacy protections relating to the use,
collection, and disclosure of personal information within the
component.
``(4) Identify privacy issues related to component programs
and apply appropriate privacy policies in accordance with
Federal privacy law and Departmental policies developed to
ensure that the component protects the privacy of individuals
affected by its activities.
``(5) Monitor the component's compliance with all
applicable Federal privacy laws and regulations, implement
corrective, remedial, and preventive actions and notify the
senior official appointed under section 222 of privacy issues
or non-compliance, whenever necessary.
``(6) Ensure that personal information contained in Privacy
Act systems of records is handled in full compliance with
section 552a of title 5, United States Code.
``(7) Assist in drafting and reviewing privacy impact
assessments, privacy threshold assessments, and system of
records notices, in conjunction with and under the direction of
the senior official appointed under section 222, for any new or
substantially changed program or technology that collects,
maintains, or disseminates personally identifiable information
within the official's component.
``(8) Assist in drafting and reviewing privacy impact
assessments, privacy threshold assessments, and system of
records notices in conjunction with and under the direction of
the senior official appointed under section 222, for proposed
rulemakings and regulations within the component.
``(9) Conduct supervision of programs, regulations,
policies, procedures, or guidelines to ensure the component's
protection of privacy and, as necessary, promulgate guidelines
and conduct oversight to ensure the protection of privacy.
``(10) Implement and monitor privacy training for component
employees and contractors in coordination with the senior
official appointed under section 222.
``(11) Provide the senior official appointed under section
222 with written materials and information regarding the
relevant activities of the component, including privacy
violations and abuse, that are needed by the senior official to
successfully prepare the reports the senior official submits to
Congress and prepares on behalf of the Department.
``(12) Any other responsibilities assigned by the Secretary
or the senior official appointed under section 222.
``(c) Role of Component Heads.--The head of a component identified
in subsection (a)(2) shall ensure that the privacy official designated
under subsection (a) for that component--
``(1) has the information, material, and resources
necessary to fulfill the responsibilities of such official
under this section;
``(2) is advised of proposed policy changes and the
development of new programs, rules, regulations, procedures, or
guidelines during the planning stage and is included in the
decision-making process; and
``(3) is given access to material and personnel the privacy
official deems necessary to carry out the official's
responsibilities.
``(d) Limitation.--Nothing in this section shall be considered to
abrogate the role and responsibilities of the senior official appointed
under section 222.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 222
the following new item:
``Sec. 222A. Privacy officials.''.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.