IB 

Union Calendar No. 482 

110TH CONGRESS 

2D SESSION H. R. 5170 

[Report No. 110–755] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

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 

JULY 10, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 29, 2008] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Home3 land Security Component Privacy Officer Act of 2008’’. 

4 SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN 

5 EACH COMPONENT OF DEPARTMENT OF 

6 HOMELAND SECURITY. 

7 (a) IN GENERAL.—Subtitle C of title II of the Home8 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amended 

9 by inserting after section 222 the following new section: 

10 ‘‘SEC. 222A. PRIVACY OFFICIALS. 

11 ‘‘(a) DESIGNATION.— 

12 ‘‘(1) IN GENERAL.—For each component of the 

13 Department under paragraph (2), the Secretary shall, 

14 in consultation with the head of the component, des15 ignate a full-time privacy official, who shall report 

16 directly to the senior official appointed under section 

17 222. Each such component privacy official shall have 

18 primary responsibility for its component in imple19 menting the privacy policy for the Department estab20 lished by the senior official appointed under section 

21 222. 

22 ‘‘(2) COMPONENTS.—The components of the De23 partment referred to in this subparagraph are as fol24 lows: 

25 ‘‘(A) The Transportation Security Adminis26 tration. 


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1 ‘‘(B) The Bureau of Citizenship and Immi2 gration Services. 

3 ‘‘(C) Customs and Border Protection. 

4 ‘‘(D) Immigration and Customs Enforce5 ment. 

6 ‘‘(E) The Federal Emergency Management 

7 Agency. 

8 ‘‘(F) The Coast Guard. 

9 ‘‘(G) The Directorate of Science and Tech10 nology. 

11 ‘‘(H) The Office of Intelligence and Anal12 ysis. 

13 ‘‘(I) The Directorate for National Protection 

14 and Programs. 

15 ‘‘(b) RESPONSIBILITIES.—Each privacy official des16 ignated under subsection (a) shall report directly to both 

17 the head of the official’s component and the senior official 

18 appointed under section 222, and shall have the following 

19 responsibilities with respect to the component: 

20 ‘‘(1) Serve as such senior official’s main point of 

21 contact at the component to implement the polices 

22 and directives of such senior official in carrying out 

23 section 222. 

24 ‘‘(2) Advise the head of that component on pri25 vacy considerations when any law, regulation, proVerDate Aug 31 2005 20:30 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H5170.RH H5170

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1 gram, policy, procedure, or guideline is proposed, de2 veloped, or implemented. 

3 ‘‘(3) Assure that the use of technologies by the 

4 component sustain or enhance privacy protections re5 lating to the use, collection, and disclosure of personal 

6 information within the component. 

7 ‘‘(4) Identify privacy issues related to component 

8 programs and apply appropriate privacy policies in 

9 accordance with Federal privacy law and Depart10 mental policies developed to ensure that the compo11 nent protects the privacy of individuals affected by its 

12 activities. 

13 ‘‘(5) Monitor the component’s compliance with 

14 all applicable Federal privacy laws and regulations, 

15 implement corrective, remedial, and preventive ac16 tions and notify the senior official appointed under 

17 section 222 of privacy issues or non-compliance, 

18 whenever necessary. 

19 ‘‘(6) Ensure that personal information contained 

20 in Privacy Act systems of records is handled in full 

21 compliance with section 552a of title 5, United States 

22 Code. 

23 ‘‘(7) Assist in drafting and reviewing privacy 

24 impact assessments, privacy threshold assessments, 

25 and system of records notices, in conjunction with 


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1 and under the direction of the senior official ap2 pointed under section 222, for any new or substan3 tially changed program or technology that collects, 

4 maintains, or disseminates personally identifiable in5 formation within the official’s component. 

6 ‘‘(8) Assist in drafting and reviewing privacy 

7 impact assessments, privacy threshold assessments, 

8 and system of records notices in conjunction with and 

9 under the direction of the senior official appointed 

10 under section 222, for proposed rulemakings and reg11 ulations within the component. 

12 ‘‘(9) Conduct supervision of programs, regula13 tions, policies, procedures, or guidelines to ensure the 

14 component’s protection of privacy and, as necessary, 

15 promulgate guidelines and conduct oversight to ensure 

16 the protection of privacy. 

17 ‘‘(10) Implement and monitor privacy training 

18 for component employees and contractors in coordina19 tion with the senior official appointed under section 

20 222. 

21 ‘‘(11) Provide the senior official appointed under 

22 section 222 with written materials and information 

23 regarding the relevant activities of the component, in24 cluding privacy violations and abuse, that are needed 

25 by the senior official to successfully prepare the reVerDate Aug 31 2005 20:30 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5170.RH H5170

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1 ports the senior official submits to Congress and pre2 pares on behalf of the Department. 

3 ‘‘(12) Any other responsibilities assigned by the 

4 Secretary or the senior official appointed under sec5 tion 222. 

6 ‘‘(c) ROLE OF COMPONENT HEADS.—The head of a 

7 component identified in subsection (a)(2) shall ensure that 

8 the privacy official designated under subsection (a) for that 

9 component— 

10 ‘‘(1) has the information, material, and resources 

11 necessary to fulfill the responsibilities of such official 

12 under this section; 

13 ‘‘(2) is advised of proposed policy changes and 

14 the development of new programs, rules, regulations, 

15 procedures, or guidelines during the planning stage 

16 and is included in the decision-making process; and 

17 ‘‘(3) is given access to material and personnel 

18 the privacy official deems necessary to carry out the 

19 official’s responsibilities. 

20 ‘‘(d) LIMITATION.—Nothing in this section shall be 

21 considered to abrogate the role and responsibilities of the 

22 senior official appointed under section 222.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents in 

24 section 1(b) of such Act is amended by inserting after the 

25 item related to section 222 the following new item: 

‘‘Sec. 222A. Privacy officials.’’. 


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pwalker on PROD1PC71 with BILLS
Union Calendar No. 482 

110TH CONGRESS 

2D SESSION H. R. 5170 

[Report No. 110

–755] 

A BILL 

To amend the Homeland Security Act of 2002 to 

and for other purposes. nent of the Department of Homeland Security, provide for a privacy official within each compoJULY 10, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pwalker on PROD1PC71 with BILLS