article: 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.
summary: Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA); (2) the Bureau of Citizenship and Immigration Services (CIS); (3) Customs and Border Protection (CBP); (4) Immigration and Customs Enforcement (ICE); (5) the Federal Emergency Management Agency (FEMA); (6) the Coast Guard; (7) the Directorate of Science and Technology; (8) the Office of Intelligence and Analysis; and (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer. Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives; (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented; (3) assuring that the use of technologies sustains or enhances privacy protections; (4) identifying privacy issues related to component programs; (5) monitoring the component's compliance with all applicable federal privacy laws and regulations; (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices; (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer; and (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS. Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities; (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages; and (3) is included in decision-making.