POWER Act of 2006

Privacy Officer With Enhanced Rights Act of 2006 or the POWER Act of 2006 - Amends the Homeland Security Act of 2002 to authorize the privacy officer of the Department of Homeland Security (DHS) to: (1) have access to all records and other materials available to DHS relating to programs and operations for which the privacy officer has responsibilities; (2) make necessary or desirable investigations and reports on the administration of DHS programs and operations; (3) subpoena the production, by persons other than federal agencies, of all information and other data and documentary evidence necessary to performance of the privacy officer's responsibilities; and (4) administer oaths, affirmations, or take affidavits.

Requires: (1) the privacy officer to report to and be under the general supervision of the Secretary of DHS; and (2) the Secretary to report to Congress upon removing or transferring the officer to another position or location within DHS.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2827 Introduced in Senate (IS)]








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.

    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 2006'' or the ``POWER Act of 2006''.

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 ``(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.''.
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