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HR 5170 IH

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.

January 29, 2008

Mr. CARNEY (for himself and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on Homeland Security

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 designate a full-time privacy official, who shall report directly to the senior official appointed under section 222. Each such official shall have primary responsibility for privacy policy at that official's component.

`(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 have the following responsibilities with respect to the component of the Department for which that official is responsible:

`(1) Advising the head of that component on privacy considerations when any law, regulation, program, policy, procedure, or guideline is proposed, developed, or implemented.

`(2) Assuring that the use of technologies sustain or enhance privacy protections relating to the use, collection, and disclosure of personal information within the component.

`(3) Assuring that personal information contained in Privacy Act systems of records is handled in full compliance with section 552a of title 5, United States Code.

`(4) Conducting privacy impact assessments, in conjunction with and under the direction of the senior official appointed under section 522, for any new or substantially changed program or technology that collects, maintains, or disseminates personally identifiable information within the official's component.

`(5) Conducting privacy impact assessments, in conjunction with and under the direction of the senior official appointed under section 522, for proposed rulemakings and regulations within the component.

`(6) Conducting supervision of programs, regulations, policies, procedures, or guidelines to ensure the protection of privacy and, where necessary, promulgating guidelines and conducting oversight to ensure the protection of privacy.

`(7) Providing the senior official appointed under section 222 with written materials and information regarding the relevant activities of the component or office that are needed by the senior official to successfully prepare the reports the senior official submits to Congress.

`(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.'.

(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:

`222A. Privacy officials.'.