1.This Act may be cited as the
Department of Homeland Security
Component Privacy Officer Act of 2009
.
2.Establishment of
privacy official within each component of Department of Homeland
Security
(a)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:
222A.
(a)
(1)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)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)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)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 decisionmaking process; and
(3)is given access to
material and personnel the privacy official deems necessary to carry out the
official’s responsibilities.
(d)Nothing
in this section shall be considered to abrogate the role and responsibilities
of the senior official appointed under section
222.
.
(b)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 March 24, 2009.
Lorraine C. Miller,
Clerk.