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 Secu-
rity, 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 re-
ferred 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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 RESPONSIBIL-
ITIES.—’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN
GENERAL.—The senior official ap-
pointed under this section is specifically author-
ized— 
‘‘(A) to have access to all records, reports, 
audits, 
reviews, 
documents, 
papers, 
rec-
ommendations, and other materials available to 
the Department that relate to programs and op-
erations with respect to which the senior official 
has responsibilities under this section; 
‘‘(B) to make such investigations and re-
ports relating to the administration of the pro-
grams and operations of the Department as 
are, in the senior official’s judgment, necessary 
or desirable; 
‘‘(C) to require by subpoena the produc-
tion, 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, when-
ever 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 Depart-
ment, as necessary to require employees of the 
Department to produce documents and answer 
questions relevant to performance of the func-
tions 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 enforce-
able by order of any appropriate United States dis-
trict court. 
‘‘(3) EFFECT OF OATHS, ETC.—Any oath, affir-
mation, 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 di-
rectly to the Congress regarding performance of the re-
sponsibilities of the senior official under this section, with-
out 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.’’. 
Æ