II 109th CONGRESS 2d Session S. 2827 IN THE SENATE OF THE UNITED STATES May 17, 2006 Mr. Akaka (for himself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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.

1.

Short title

This Act may be cited as the Privacy Officer With Enhanced Rights Act of 2006 or the “POWER Act of 2006”.

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 (a) Appointment and responsibilities.— before The Secretary; and (2)by adding at the end the following: (b)

Authority To investigate

(1)

In general

The senior official appointed under subsection (a) may— (A)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 the responsibilities of the senior official under this section; (B)make such investigations and reports relating to the administration of the programs and operations of the Department that are necessary or desirable as determined by that senior official; (C)require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and (D)administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities 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

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)

Supervision

(1)

In General

The senior official appointed under subsection (a) shall report to, and be under the general supervision of the Secretary. (2)

Notification to Congress

If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall— (A)promptly submit a written notification of the removal or transfer to Houses of Congress; and (B)include in any such notification the reasons for the removal or transfer. (d)

Reports by senior official 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. .