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Managing America: Privacy

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Week Ending August 1, 2008

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.

A full-time privacy official is to be designated for several DHS components to include the Transportation Security Administration, the Bureau of Citizenship and Immigration Services, Customs and Border Protection, Immigration and Customs Enforcement, FEMA, the US Coast Guard, the Directorate of Science and Technology, the Office of Intelligence Analysis and the Directorate for National Protection Programs.

The bill is based on the observation that agencies with designated privacy officers generally produce more Privacy Impact Assessments than those without such and officer.

The privacy officer will advise on privacy consideration when any law, regulation, or guideline is proposed, developed or implemented, assure the use of technology sustains or enhances privacy protections, conduct privacy impact assessments and supervision of programs to ensure privacy protection and provide DHS privacy officers with written materials and information relevant to component activities needed to report to Congress.

Each component head must ensure that the privacy official has the information, resources, and access to material and personnel necessary to fulfill the mission, is advised of proposed policy changes and new additions and is included in decision making.

Sponsor: Rep.. Christopher Carney (D-PA-10^th)

Vote: Passed House by voice vote July 30, 2008

Cost to the taxpayers: “CBO estimates that implementing H.R. 5170 would cost about $1 million annually, assuming the availability of appropriated funds”

Earmark Certification:   “In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of the rule XXI.”

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MORE INFORMATION

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

This section designates the short title as the `Department of Homeland Security Component Privacy Act of 2008.'

Section 2. Establishment of privacy official within each component of Department of Homeland Security

The Homeland Security Act of 2002 (P. L. 107-296) is amended by inserting after Section 222, which creates the `senior official' at the Department that is responsible for privacy policy, a new section 222A, which will govern the component privacy officers.

Section 222A. Privacy officials

This section indicates that the Secretary, in consultation with the head of each Component, shall designate a full-time privacy official in certain components of the Department of Homeland Security.

This section states that the components referred to in the bill are: The Transportation Security Administration; the Bureau of Citizenship and Immigration Services; Customs and Border Protection; Immigration and Customs Enforcement; the Federal Emergency Management Agency; the Coast Guard; the Directorate of Science and Technology; the Office of Intelligence and Analysis; and the Directorate for National Protection and Programs.

Responsibilities. This section states that the Component Privacy Officers shall have primary responsibility for implementing the Department's privacy policy in the Component Privacy Officer's component agency. Additionally, it indicates that the Component Privacy Officers shall report directly to the senior official appointed under section 222, hereinafter referred to for clarification purposes as the `DHS Chief Privacy Officer.'

This section also states that in addition to the directly reporting to the DHS Chief Privacy Officer, each Component Privacy Officer shall also report directly to the head of that officer's component. This section also lists the responsibilities of the Component Privacy Officers and describes in detail the manner in which they will monitor and exercise oversight over privacy matters within their respective components. This section also indicates that in addition to the responsibilities enumerated in the bill, the Component Privacy Officers shall also execute any other responsibilities assigned by the Secretary or the DHS Chief Privacy Officer.

This section states that the head of the components shall assist the Component Privacy Officers in carrying out their duties by ensuring that the officers have the information, material, and resources necessary to fulfill their responsibilities. This section also provides that the head of the components shall make certain that the Component Privacy Officers are advised of proposed policy changes and the development of new programs, rules, regulations, procedures, or guidelines during the planning stage. This section also states that the Component Privacy Officers shall be included in the component's decision-making process and be given access to the necessary material and personnel to carry out the responsibilities set forth in the bill.

This section states that it is not the intention of this bill to abrogate the current role and responsibilities of the DHS Privacy Officer.

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