I 
110TH CONGRESS 
2D SESSION 
H. R. 5170 
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 
A BILL 
To amend the Homeland Security Act of 2002 to provide 
for a privacy official within each component of the De-
partment of Homeland Security, 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 ‘‘Department of Home-
land Security Component Privacy Officer Act of 2008’’. 
VerDate Aug 31 2005 
22:36 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.IH
H5170
pwalker on PROD1PC71 with BILLS
SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN 
EACH 
COMPONENT 
OF 
DEPARTMENT 
OF 
HOMELAND SECURITY. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend-
ed 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 Admin-
istration. 
‘‘(B) The Bureau of Citizenship and Immi-
gration Services. 
‘‘(C) Customs and Border Protection. 
‘‘(D) Immigration and Customs Enforce-
ment. 
VerDate Aug 31 2005 
22:36 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.IH
H5170
pwalker on PROD1PC71 with BILLS
‘‘(E) The Federal Emergency Management 
Agency. 
‘‘(F) The Coast Guard. 
‘‘(G) The Directorate of Science and Tech-
nology. 
‘‘(H) The Office of Intelligence and Anal-
ysis. 
‘‘(I) The Directorate for National Protec-
tion and Programs. 
‘‘(b) RESPONSIBILITIES.—Each privacy official des-
ignated under subsection (a) shall have the following re-
sponsibilities with respect to the component of the Depart-
ment 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 sus-
tain or enhance privacy protections relating to the 
use, collection, and disclosure of personal informa-
tion within the component. 
‘‘(3) Assuring that personal information con-
tained in Privacy Act systems of records is handled 
in full compliance with section 552a of title 5, 
United States Code. 
VerDate Aug 31 2005 
22:36 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.IH
H5170
pwalker on PROD1PC71 with BILLS
‘‘(4) Conducting privacy impact assessments, in 
conjunction with and under the direction of the sen-
ior official appointed under section 522, for any new 
or substantially changed program or technology that 
collects, maintains, or disseminates personally identi-
fiable information within the official’s component. 
‘‘(5) Conducting privacy impact assessments, in 
conjunction with and under the direction of the sen-
ior official appointed under section 522, for pro-
posed rulemakings and regulations within the com-
ponent. 
‘‘(6) Conducting supervision of programs, regu-
lations, policies, procedures, or guidelines to ensure 
the protection of privacy and, where necessary, pro-
mulgating guidelines and conducting oversight to en-
sure the protection of privacy. 
‘‘(7) Providing the senior official appointed 
under section 222 with written materials and infor-
mation regarding the relevant activities of the com-
ponent or office that are needed by the senior offi-
cial to successfully prepare the reports the senior of-
ficial submits to Congress. 
‘‘(c) ROLE OF COMPONENT HEADS.—The head of a 
component identified in subsection (a)(2) shall ensure that 
VerDate Aug 31 2005 
22:36 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5170.IH
H5170
pwalker on PROD1PC71 with BILLS
the privacy official designated under subsection (a) for 
that component— 
‘‘(1) has the information, material, and re-
sources 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.’’. 
Æ 
VerDate Aug 31 2005 
22:36 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5170.IH
H5170
pwalker on PROD1PC71 with BILLS