[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3506 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3506

  To prohibit the unauthorized removal or use of personal information 
 contained in a database owned, operated, or maintained by the Federal 
                              government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2006

   Mr. Akaka introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit the unauthorized removal or use of personal information 
 contained in a database owned, operated, or maintained by the Federal 
                              government.

    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 ``Data Theft Prevention Act of 2006''.

SEC. 2. FEDERAL DATABASES.

    (a) In General.--Chapter 101 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2077. Means of identification and individually identifiable 
              health information in Federal databases
    ``(a) Definitions.--In this section:
            ``(1) Federal database.--The term `Federal database' means 
        any electronic database owned, operated, or maintained by or 
        for the Federal Government.
            ``(2) Individually identifiable health information.--The 
        term `individually identifiable health information' has the 
        meaning given the term in the regulations issued under section 
        264(c) of the Health Insurance Portability and Accountability 
        Act of 1996 (42 U.S.C. 1320d-2 note).
            ``(3) Means of identification.--The term `means of 
        identification' has the meaning given the term in section 1028 
        of this title.
    ``(b) Unauthorized Use.--It shall be unlawful for any person 
knowingly and without authorization--
            ``(1) to view, use, download, or remove any means of 
        identification or individually identifiable health information 
        that is in a Federal database; or
            ``(2) to transfer such means of identification or 
        individually identifiable health information to, or store such 
        means of identification or individually identifiable health 
        information in, any computer, network, database, or other 
        format used to store information that is not a Federal 
        database.
    ``(c) Use for Criminal Purposes.--It shall be unlawful for any 
person to use a means of identification or individually identifiable 
health information obtained directly or indirectly from a Federal 
database in furtherance of a violation of any Federal or State criminal 
law.
    ``(d) Penalty.--Any person who violates subsection (b) or (c) shall 
be fined not more than $100,000, imprisoned not more than 1 year, or 
both.''.
    (b) Chapter Analysis.--The table of sections for chapter 101 of 
title 18, United States Code, is amended by adding after the item 
relating to section 2076 the following:

``2077.  Means of identification and individually identifiable health 
                            information in Federal databases.''.
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