I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Privacy Officer With 

5 Enhanced Rights Act of 2005’’ or the ‘‘POWER Act’’. 
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1 SEC. 2. AUTHORITIES OF THE PRIVACY OFFICER OF THE 

2 DEPARTMENT OF HOMELAND SECURITY. 

3 Section 222 of the Homeland Security Act of 2002 

4 (6 U.S.C. 142) is amended— 

5 (1) by inserting before the first sentence the 

6 following: ‘‘(a) APPOINTMENT AND RESPONSIBIL7 ITIES.—’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) AUTHORITY TO INVESTIGATE.— 

10 ‘‘(1) IN GENERAL.—The senior official ap11 pointed under this section is specifically author12 ized— 

13 ‘‘(A) to have access to all records, reports, 

14 audits, reviews, documents, papers, rec15 ommendations, and other materials available to 

16 the Department that relate to programs and op17 erations with respect to which the senior official 

18 has responsibilities under this section; 

19 ‘‘(B) to make such investigations and re20 ports relating to the administration of the pro21 grams and operations of the Department as 

22 are, in the senior official’s judgment, necessary 

23 or desirable; 

24 ‘‘(C) to require by subpoena the produc25 tion, by persons other than Federal agencies, of 

26 all information, documents, reports, answers, 
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1 records, accounts, papers, and other data and 

2 documentary evidence necessary to performance 

3 of the functions of the senior official under this 

4 section; 

5 ‘‘(D) to administer to or take from any 

6 person an oath, affirmation, or affidavit, when7 ever necessary to performance of the functions 

8 of the senior official under this section; and 

9 ‘‘(E) to take any other action that may be 

10 taken by the Inspector General of the Depart11 ment, as necessary to require employees of the 

12 Department to produce documents and answer 

13 questions relevant to performance of the func14 tions of the senior official under this section. 

15 ‘‘(2) ENFORCEMENT OF SUBPOENAS.— Any 

16 subpoena issued under paragraph (1)(C) shall, in 

17 the case of contumacy or refusal to obey, be enforce18 able by order of any appropriate United States dis19 trict court. 

20 ‘‘(3) EFFECT OF OATHS, ETC.—Any oath, affir21 mation, or affidavit administered or taken under 

22 paragraph (1)(D) by or before an employee of the 

23 Privacy Office designated for that purpose by the 

24 senior official appointed under subsection (a) shall 
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1 have the same force and effect as if administered or 

2 taken by or before an officer having a seal of office. 

3 ‘‘(c) TERM OF OFFICE.—The term of appointment of 

4 a senior official under subsection (a) shall be 5 years. 

5 ‘‘(d) REPORTS TO CONGRESS.—The senior official 

6 appointed under subsection (a) shall submit reports di7 rectly to the Congress regarding performance of the re8 sponsibilities of the senior official under this section, with9 out any prior comment or amendment by the Secretary, 

10 Deputy Secretary, or any other officer or employee of the 

11 Department or the Office of Management and Budget.’’. 

Æ