[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3041 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3041

To amend the Homeland Security Act of 2002 to clarify the investigative 
   authorities of the privacy officer of the Department of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2005

     Mr. Thompson of Mississippi (for himself, Ms. Zoe Lofgren of 
California, Mr. Meek of Florida, Ms. Norton, Mr. Markey, Mr. Langevin, 
and Ms. Jackson-Lee of Texas) introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to clarify the investigative 
   authorities of the privacy officer of the Department of Homeland 
                   Security, and for other purposes.

    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 ``Privacy Officer With Enhanced 
Rights Act of 2005'' or the ``POWER Act''.

SEC. 2. AUTHORITIES OF THE PRIVACY OFFICER OF THE DEPARTMENT OF 
              HOMELAND SECURITY.

     Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) by inserting before the first sentence the following: 
        ``(a) Appointment and Responsibilities.--''; and
            (2) by adding at the end the following:
    ``(b) Authority to Investigate.--
            ``(1) In general.--The senior official appointed under this 
        section is specifically authorized--
                    ``(A) to have access to all records, reports, 
                audits, reviews, documents, papers, recommendations, 
                and other materials available to the Department that 
                relate to programs and operations with respect to which 
                the senior official has responsibilities under this 
                section;
                    ``(B) to make such investigations and reports 
                relating to the administration of the programs and 
                operations of the Department as are, in the senior 
                official's judgment, necessary or desirable;
                    ``(C) to require by subpoena the production, by 
                persons other than Federal agencies, of all 
                information, documents, reports, answers, records, 
                accounts, papers, and other data and documentary 
                evidence necessary to performance of the functions of 
                the senior official under this section;
                    ``(D) to administer to or take from any person an 
                oath, affirmation, or affidavit, whenever necessary to 
                performance of the functions of the senior official 
                under this section; and
                    ``(E) to take any other action that may be taken by 
                the Inspector General of the Department, as necessary 
                to require employees of the Department to produce 
                documents and answer questions relevant to performance 
                of the functions of the senior official under this 
                section.
            ``(2) Enforcement of subpoenas.-- Any subpoena issued under 
        paragraph (1)(C) shall, in the case of contumacy or refusal to 
        obey, be enforceable by order of any appropriate United States 
        district court.
            ``(3) Effect of oaths, etc.--Any oath, affirmation, or 
        affidavit administered or taken under paragraph (1)(D) by or 
        before an employee of the Privacy Office designated for that 
        purpose by the senior official appointed under subsection (a) 
        shall have the same force and effect as if administered or 
        taken by or before an officer having a seal of office.
    ``(c) Term of Office.--The term of appointment of a senior official 
under subsection (a) shall be 5 years.
    ``(d) Reports to Congress.--The senior official appointed under 
subsection (a) shall submit reports directly to the Congress regarding 
performance of the responsibilities of the senior official under this 
section, without any prior comment or amendment by the Secretary, 
Deputy Secretary, or any other officer or employee of the Department or 
the Office of Management and Budget.''.
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