[Congressional Record Volume 155, Number 50 (Tuesday, March 24, 2009)]
[House]
[Pages H3761-H3763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF HOMELAND SECURITY COMPONENT PRIVACY OFFICER ACT OF 2009

  Mr. CARNEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1617) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1617

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Homeland 
     Security Component Privacy Officer Act of 2009''.

     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 decisionmaking 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Carney) and the gentleman from Florida (Mr. 
Bilirakis) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. CARNEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and insert extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. CARNEY. Mr. Speaker, I yield myself such time as I might consume.
  I rise in support of H.R. 1617, the Department of Homeland Security 
Component Privacy Officer Act of 2009. This legislation will give the 
Department of Homeland Security the resources it needs to accurately 
assess how its programs will impact the privacy of Americans.
  The Department's Chief Privacy Officer was the first ever statutorily 
created Federal privacy officer. The goal when establishing this office 
was for it to serve as the gold standard for other Federal agencies as 
they sought to fulfill their missions, while ensuring that privacy was 
protected.
  Building on the original intent of the privacy officer, this bill 
would make the Department the first Federal agency with statutorily 
created privacy officers in its component agencies. This will put the 
Department at the forefront of individual privacy protection

[[Page H3762]]

and will expedite privacy impact assessments awaiting completion and 
approval at the Department of Homeland Security.
  The bill arose from a Government Accountability Office study, 
internal discussions with the Department's Office of Privacy, and 
publications released by the DHS Chief Privacy Officer.
  The act requires the Component Privacy Officers to, among other 
things: Serve as the main point of contact between their component head 
and the DHS Chief Privacy Officer; draft and review Privacy Impact 
Assessments and Federal Register notices published by their component; 
monitor the component's compliance with all applicable Federal privacy 
laws and regulations; and conduct supervision of programs, regulations, 
policies, procedures, or guidelines to ensure the component's 
protection of privacy.
  The presence of a full-time Component Privacy Officer would ensure 
that privacy considerations are integrated into the decision-making 
process at each of the DHS's components.
  This body approved this commonsense measure during the previous 
Congress, and I urge my colleagues to continue to support this much-
needed legislation so that DHS can effectively protect everyone's right 
to privacy.
  I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may consume
  I rise today in support of H.R. 1617, the Department of Homeland 
Security Component Privacy Officer Act of 2009. Introduced by my 
committee colleague, Chris Carney, this bill is identical to H.R. 5170, 
which passed the House by voice vote last summer.
  H.R. 1617 directs the Secretary of Homeland Security to designate a 
privacy officer in each of the Department's components, including the 
Transportation Security Administration, the Citizenship and Immigration 
Services, the Immigration and Customs Enforcement, FEMA, Customs and 
Border Protection, the Coast Guard, the Office of Intelligence and 
Analysis, the Science and Technology Directorate, and the National 
Protection and Programs Directorate.
  Each of these privacy officers would be responsible for implementing 
the Department's privacy policy at the component level and would report 
directly to both the component head and the Department's Chief Privacy 
Officer.
  We can all agree on the importance of ensuring privacy issues are 
considered and addressed when the Department's programs are developed 
and implemented. That is why I am pleased that the Department, under 
former Secretary Chertoff's leadership, has already taken the steps to 
establish privacy officers at the component level. The bill we are 
considering today will further strengthen these positions by 
statutorily mandating them and their roles and responsibilities.
  I hope the committee will work to craft an authorization bill for the 
Department this year to address issues such as this one and to ensure 
the Department has all the necessary tools to achieve its vital 
mission. I urge my colleagues to support H.R. 1617.
  I reserve the balance of my time.
  Mr. CARNEY. Mr. Speaker, I am prepared to close after the gentleman 
closes.
  Mr. BILIRAKIS. I yield to the gentleman from Georgia (Mr. Broun) 3 
minutes.
  Mr. BROUN of Georgia. Mr. Speaker, I thank the gentleman from 
Pennsylvania (Mr. Carney) for offering this very important suspension.
  As the gentleman knows, I am also on the Homeland Security Committee, 
and feel as though there is no greater responsibility of this body than 
to protect the homeland. But, Mr. Speaker, protecting the homeland 
doesn't begin and end with creating privacy officers in the Department 
of Homeland Security. It is also our responsibility as Members of 
Congress to protect the economic security of the homeland. Governing in 
a fiscally responsible manner is one way to ensure that the citizens of 
this country are economically secure.
  I would note, Mr. Speaker, that the gentleman from Pennsylvania (Mr. 
Carney) who brought forth this suspension has voted for both the $1 
trillion stimulus which included a secret provision to allow the AIG 
bonuses to go forward, and a $410 billion omnibus spending bill which 
contained nearly 9,000 earmarks. That is nearly $2 trillion of added 
debt that the gentleman from Pennsylvania (Mr. Carney) and his 
Democratic colleagues voted to place on our children and our 
grandchildren.
  Mr. Speaker, next week we will have another opportunity to vote up or 
down on massive deficit spending. The Democratic budget will add 
trillions more of spending to the national debt and to the families of 
this country.
  Mr. Speaker, I would ask the gentleman, Mr. Carney, if he intends to 
vote for next week's budget which runs contrary to the security of this 
country?
  I yield to the gentleman, if he would care to respond.
  Mr. CARNEY. Mr. Speaker, on the matter under consideration, I believe 
in the privacy that we are after.
  Mr. BROUN of Georgia. Mr. Speaker, it is unfortunate that the 
gentleman from Pennsylvania will not share his intentions with the 
American people. I think we should all be transparent about our votes 
here in Congress.
  In 8 years, American families will either be on the hook for $70,000 
apiece, or they won't. If you vote ``yes'' on this budget, you intend 
to put $70,000 of debt on each family in this country. If you vote 
``no'' on the budget, you don't intend to put that burden on families. 
I hope we all keep that in mind as we prepare to vote on the Democratic 
budget next week. I believe that this budget is fiscally irresponsible.
  Mr. CARNEY. I reserve the balance of my time.
  Mr. BILIRAKIS. I urge my colleagues to pass H.R. 1617, and I yield 
back the balance of my time.
  Mr. CARNEY. I yield myself such time as I may consume.
  Mr. Speaker, public trust in the Department's ability to protect 
personal privacy rights is abysmally low. The last administration's 
habit of bringing in the privacy office at the 11th hour is not the 
proper way to blend in the privacy protections and appropriate 
safeguards before policies and programs are under way.
  Although we trust the new administration to do better, we must also 
acknowledge that privacy protections have to begin at the component 
level.
  This bill will provide each Department of Homeland Security component 
that handles personally identifiable information with its own privacy 
officer that will report up to both its component head and to DHS 
headquarters. Further, the bill will balance the need for greater 
accountability of privacy rights associated with personally 
identifiable information while enhancing the safety of our Nation. I 
therefore urge my colleagues to support this measure.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today in support of 
H.R. 1617, the Department of Homeland Security Component Privacy 
Officer Act of 2009.
  The Department's Chief Privacy Officer has the distinction of being 
the first-ever statutorily-created Federal Privacy Officer.
  Along those same lines, this bill, introduced by Representative 
Carney, the Chairman of our Management Subcommittee, would make DHS the 
first Federal agency to have statutorily-required privacy officers in 
all its major component agencies.
  To be effective, privacy officers need to be where the action is 
happening, not waiting for notice after key decisions have already been 
made.
  However, currently, if the Department's Chief Privacy Officer needs 
information concerning programs and policies that impact privacy 
rights, he has to go through the head of the relevant component.
  Sometimes this information is shared, sometimes it is not.
  When it is not, we have seen major privacy missteps, wasted Federal 
tax dollars, and even cancelled programs.
  Under this bill, the Transportation Security Administration, Customs 
and Border Protection, Immigration and Customs Enforcement, FEMA, and 
Coast Guard are among the key components that would receive a privacy 
officer.
  Placing Privacy Officers in these key component agencies is the first 
step in ensuring that privacy protections are in place at the beginning 
of the policymaking process.
  This bill was informed by an investigation by the Government 
Accountability Office, internal discussions with the Department's 
Office of Privacy, and publications released by the DHS Chief Privacy 
Officer.
  Moreover, this legislation was approved overwhelmingly by voice vote 
when considered by the House in the 110th Congress.

[[Page H3763]]

  I urge my colleagues to join me in supporting this legislation that 
will help ensure the effective operations of the Department of Homeland 
Security.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in full support of H.R. 
1617, legislation that will greatly enhance the security of the 
Department of Homeland Security, thereby making our nation safer. I 
wish to recognize my colleague, the gentleman from Pennsylvania, 
Christopher Carney, for his work on this bill. In addition, I would 
like to thank the Chairman of the Committee on Homeland Security, 
Bennie Thompson for his continued leadership in making our nation as 
safe as possible.
  This bill amends Subtitle C of the Homeland Security Act of 2002, 
mandating a full-time privacy official within each part of the 
Department of Homeland Security. The privacy official will act under 
the direction of the senior appointed official of the Department of 
Homeland Security. The privacy official will work within the following 
components:
  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.
  The Directorate for National Protection and Programs.
  The privacy official will be the senior official's eyes and ears 
regarding matters of privacy and matters that are within the Department 
of Homeland Security's jurisdiction.
  The bill requires the new component privacy officials to monitor the 
Department of Homeland Security's component's compliance with all 
applicable federal privacy laws and regulations, implement corrective 
or preventative actions, and notify the senior privacy official for the 
department.
  The privacy component officials would assist in drafting and 
reviewing privacy impact assessments, privacy threshold assessments, 
and the system of records notices, for any new or changed program or 
technology that collects, maintains, or disseminates personally 
identifiable information within their components, or for proposed 
rulemakings and regulations within their components. The level of 
hands-on involvement gives me confidence that the privacy officers in 
the various divisions will be able to perform their jobs effectively.
  The privacy component officials would be required to conduct 
supervision of programs or procedures, to ensure protection of privacy, 
as well as implement and monitor privacy training for employees and 
contractors. The privacy officials would provide the senior privacy 
official with written materials and information regarding the relevant 
activities of the component, including privacy violations or abuse, 
that the senior official needs to prepare reports for Congress. These 
are protective measures which could be deemed intrusive, but that is 
exactly what we want from our privacy officials. A hallmark of the new 
administration is transparency in government. I believe that as the 
American people see more of what we do in Congress their confidence in 
government.
  Any other responsibilities could be assigned by the Secretary of the 
Department of Homeland Security or the senior privacy official for the 
Department. Nothing in the bill should be considered to abolish the 
role and responsibilities of the senior privacy official, or diminish 
their capacity within the Department of Homeland Security framework.
  This is an important job and my wish is that the new appointees are 
put in place in regular order and fashion so that they can get on with 
the job of protecting our homeland.
  Mr. CARNEY. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Carney) that the House suspend the 
rules and pass the bill, H.R. 1617.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CARNEY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________