II 

109TH CONGRESS 

2D SESSION S. 2827 

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 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 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 2006’’ or the ‘‘POWER Act of 

6 2006’’. 


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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 ‘‘(a) APPOINTMENT AND RE6 SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and 

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

8 ‘‘(b) AUTHORITY TO INVESTIGATE.— 

9 ‘‘(1) IN GENERAL.—The senior official ap10 pointed under subsection (a) may— 

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

12 audits, reviews, documents, papers, rec13 ommendations, and other materials available to 

14 the Department that relate to programs and op15 erations with respect to the responsibilities of 

16 the senior official under this section; 

17 ‘‘(B) make such investigations and reports 

18 relating to the administration of the programs 

19 and operations of the Department that are nec20 essary or desirable as determined by that senior 

21 official; 

22 ‘‘(C) require by subpoena the production, 

23 by any person other than a Federal agency, of 

24 all information, documents, reports, answers, 

25 records, accounts, papers, and other data and 

26 documentary evidence necessary to performance 


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1 of the responsibilities of the senior official 

2 under this section; and 

3 ‘‘(D) administer to or take from any per4 son an oath, affirmation, or affidavit, whenever 

5 necessary to performance of the responsibilities 

6 of the senior official under this section. 

7 ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub8 poena issued under paragraph (1)(C) shall, in the 

9 case of contumacy or refusal to obey, be enforceable 

10 by order of any appropriate United States district 

11 court. 

12 ‘‘(3) EFFECT OF OATHS.—Any oath, affirma13 tion, or affidavit administered or taken under para14 graph (1)(D) by or before an employee of the Pri15 vacy Office designated for that purpose by the senior 

16 official appointed under subsection (a) shall have the 

17 same force and effect as if administered or taken by 

18 or before an officer having a seal of office. 

19 ‘‘(c) SUPERVISION.— 

20 ‘‘(1) IN GENERAL.—The senior official ap21 pointed under subsection (a) shall report to, and be 

22 under the general supervision of the Secretary. 

23 ‘‘(2) NOTIFICATION TO CONGRESS.—If the Sec24 retary removes the senior official appointed under 

25 subsection (a) or transfers that senior official to anVerDate Aug 31 2005 08:26 May 23, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2827.IS S2827

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1 other position or location within the Department, the 

2 Secretary shall— 

3 ‘‘(A) promptly submit a written notifica4 tion of the removal or transfer to Houses of 

5 Congress; and 

6 ‘‘(B) include in any such notification the 

7 reasons for the removal or transfer. 

8 ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CON9 GRESS.—The senior official appointed under subsection 

10 (a) shall submit reports directly to the Congress regarding 

11 performance of the responsibilities of the senior official 

12 under this section, without any prior comment or amend13 ment by the Secretary, Deputy Secretary, or any other of14 ficer or employee of the Department or the Office of Man15 agement and Budget.’’. 

Æ 


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