II 109th CONGRESS 2d Session S. 3506 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.

1.

Short title

This Act may be cited as the Data Theft Prevention Act of 2006.

2.

Federal databases

(a)

In general

Chapter 101 of title 18, United States Code, is amended by adding at the end the following:

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. .