I 
108TH CONGRESS 
2D SESSION 
H. R. 4414
To require designation of a senior official within the Office of Management 
and Budget as the Chief Privacy Officer, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2004
Mr. MEEK of Florida (for himself, Mr. TURNER of Texas, Mr. THOMPSON of 
Mississippi, Ms. LORETTA SANCHEZ of California, Mr. MARKEY, Mr. 
DICKS, Mr. FRANK of Massachusetts, Mr. ANDREWS, Ms. NORTON, Ms. 
LOFGREN, Ms. MCCARTHY of Missouri, Ms. JACKSON-LEE of Texas, Mrs. 
CHRISTENSEN, Mr. LANGEVIN, Mr. SANDLIN, Mr. MATSUI, Mr. SKEL-
TON, Mr. HASTINGS of Florida, Mr. GREEN of Texas, Mrs. CAPPS, Mr. 
NADLER, Ms. ROYBAL-ALLARD, Ms. EDDIE BERNICE JOHNSON of Texas, 
Mrs. MALONEY, Mr. WYNN, and Ms. KILPATRICK) introduced the fol-
lowing bill; which was referred to the Committee on Government Reform 
A BILL 
To require designation of a senior official within the Office 
of Management and Budget as the Chief Privacy Officer, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Home-
land Innovation to Emphasize Liberty, Democracy, and 
Privacy Act’’ or the ‘‘SHIELD Privacy Act’’.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The protection of our Nation’s civil liberties 
and privacy is fundamental to the American way of 
life. 
(2) Strengthening our homeland security en-
sures that our way of life and the rights protected 
by the Constitution remain intact. 
(3) In developing homeland security initiatives, 
our Government must take care to protect funda-
mental constitutional rights and strive to minimize 
unnecessary impositions on the freedoms and privi-
leges enjoyed in the United States. 
(4) As governments develop and employ new 
technologies and gather information from the private 
sector for homeland security efforts, they must en-
sure that our society’s constitutional guarantees re-
lating to privacy, due process, and civil liberties are 
protected. 
SEC. 3. CHIEF PRIVACY OFFICER. 
(a) DESIGNATION.—The President shall designate a 
senior official within the Office of Management and Budg-
et as the Chief Privacy Officer, who shall have primary 
responsibility for privacy policy throughout the Federal 
Government.
(b) SPECIFIC RESPONSIBILITIES.—The responsibil-
ities of the Chief Privacy Officer shall include the fol-
lowing: 
(1) Assuring that the technologies procured and 
use of technologies by the Federal Government sus-
tain, and do not erode, privacy protections relating 
to the use, collection, and disclosure of personally 
identifiable information. 
(2) Assuring that personally identifiable infor-
mation contained in systems of records (as that term 
is defined in section 552a of title 5, United States 
Code, popularly known as the ‘‘Privacy Act of 
1974’’) is handled in full compliance with fair infor-
mation practices required under that section. 
(3) Evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of 
personally identifiable information by the Federal 
Government. 
(4) Exercising responsibility currently vested in 
the Director of the Office of Management and Budg-
et with respect to privacy impact assessment rules, 
regulations, and oversight under section 208 of the 
E–Gov Act of 2002 (44 U.S.C. 3501 note). 
(5) Preparing an annual report to the Congress 
containing an agency-by-agency analysis of Federal
activities that affect privacy, including complaints of 
privacy violations, implementation of section 552a of 
title 5, United States Code, internal controls, and 
other matters. 
(c) AGENCY INFORMATION.—The head of each Fed-
eral agency shall provide to the Chief Privacy Officer such 
information as the Chief Privacy Officer considers nec-
essary for the completion of the annual reports under sub-
section (b)(5). 
(d) REPORT BY SECRETARY OF HOMELAND SECU-
RITY.—Section 222(5) of the Homeland Security Act of 
2002 (6 U.S.C. 142(5)) is amended by striking ‘‘Con-
gress’’ and inserting ‘‘the chief Privacy Officer of the Of-
fice of Management and Budget’’. 
SEC. 4. PRIVACY POLICY OF DEPARTMENTS AND INDE-
PENDENT AGENCIES. 
(a) OFFICIALS RESPONSIBLE
FOR PRIVACY POL-
ICY.—The head of each department and each independent 
agency in the executive branch shall appoint a senior offi-
cial of the department or independent agency, respectively, 
to assure primary responsibility for privacy policy, includ-
ing the following: 
(1) Assuring that technologies procured and use 
of technologies sustain, and do not erode, privacy
protections relating to the use, collection, and disclo-
sure of personally identifiable information. 
(2) Assuring that personally identifiable infor-
mation contained in systems of records (as that term 
is defined in section 552a of title 5, United States 
Code, popularly known as the ‘‘Privacy Act of 
1974’’) is handled in full compliance with fair infor-
mation practices required under that section. 
(3) Evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of 
personally identifiable information by the Federal 
Government. 
(4) Conducting privacy impact assessments 
under subsection (b). 
(5) Ensuring that the department or agency 
protects personally identifiable information and in-
formation systems from unauthorized access, use, 
disclosure, disruption, modification, or destruction in 
order to provide—
(A) integrity, by—
(i) guarding against improper infor-
mation modification or destruction; and 
(ii) ensuring information nonrepudi-
ation and authenticity;
(B) confidentiality, by preserving author-
ized restrictions on access and disclosure, in-
cluding means for protecting personal privacy 
and proprietary information; 
(C) availability, by ensuring timely and re-
liable access to and use of that information; and 
(D) authentication, by utilizing digital cre-
dentials to assure the identity of users and vali-
date their access. 
(6) Submitting an annual report to the Director 
of the Office of Management and Budget on activi-
ties of their agencies that affect privacy, including 
complaints of privacy violations, implementation of 
section 552a of title 5, United States Code, internal 
controls, and other matters. 
(b) PRIVACY IMPACT ASSESSMENTS.—
(1) REQUIREMENT.—The official appointed 
under subsection (a) for a department or inde-
pendent agency shall—
(A) assess the impact on privacy of each 
proposed action of the Department or agency 
that will require collecting, using, or accessing 
personally identifiable information from 10 or 
more persons; and
(B) make the results of such assessments 
publicly available through the World Wide Web 
site of the Department. 
(2) MATTERS CONSIDERED.—Each assessment 
under this subsection regarding a proposed action 
shall consider the following: 
(A) The type of any personally identifiable 
information to be collected, used, or accessed by 
the Department. 
(B) Why such information will be collected, 
used, or accessed. 
(C) The intended use of such information. 
(D) The persons with whom such informa-
tion will be shared. 
(E) What notice or consent will be pro-
vided to individuals regarding such information 
to be collected or accessed, and how that infor-
mation will be shared. 
(F) How such information will be secured. 
(G) Whether a system of records will be 
created for purposes of section 552a of title 5, 
United States Code. 
(H) The method by which, extent to which, 
and rate at which such collected information 
will be destroyed or returned.
SEC. 5. COMMISSION ON PRIVACY, FREEDOM, AND HOME-
LAND SECURITY. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Privacy, 
Freedom, and Homeland Security’’. 
(b) DUTIES OF COMMISSION.—
(1) IN GENERAL.—The Commission shall con-
duct a comprehensive legal and factual study relat-
ing to United States efforts to further homeland se-
curity in a manner that protects privacy, civil lib-
erties, and individual freedoms. 
(2) MATTERS TO BE STUDIED.—The matters 
studied by the Commission under paragraph (1) 
shall at a minimum include the following: 
(A) A review of whether Federal agencies 
are properly assessing the privacy implications 
of new homeland security technologies before 
implementing and deploying such technologies. 
(B) The impact of existing Federal and 
State privacy statutes and regulations, legisla-
tion pending before the Congress, and privacy 
protection efforts undertaken by the Federal 
Government, State governments, foreign gov-
ernments, and international governing bodies on 
homeland security.