[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3763 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3763

To impose penalties for the unauthorized disclosure of personal health 
                   information by Federal employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

  Mr. Posey introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To impose penalties for the unauthorized disclosure of personal health 
                   information by Federal employees.

    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 ``Personal Health Information 
Protection Act''.

SEC. 2. UNAUTHORIZED DISCLOSURE OF PERSONALLY IDENTIFIABLE COVERED 
              INFORMATION.

    (a) Liability for Certain Acts.--
            (1) In general.--It shall be unlawful for any officer or 
        employee of the United States--
                    (A) willfully to make an unauthorized disclosure of 
                personally identifiable covered information; or
                    (B) to conspire to commit a violation of 
                subparagraph (A).
            (2) Penalty.--
                    (A) In general.--Any violation of paragraph (1) 
                shall be subject to a penalty of not more than the 
                greatest of--
                            (i) the penalty specified in the law 
                        setting forth the offense which covers a 
                        violation of paragraph (1), or
                            (ii) the penalty set forth in subparagraph 
                        (B).
                    (B) Uniform penalty.--The penalty set forth in this 
                subparagraph is a felony punishable upon conviction 
                by--
                            (i) a fine in any amount not exceeding 
                        $100,000 for each such violation and 
                        imprisonment of not more than 7 years,
                            (ii) the costs of prosecution, and
                            (iii) dismissal from office or discharge 
                        from employment.
                    (C) Forfeiture of annuities and retired pay.--A 
                violation of paragraph (1) shall be treated as an 
                offense to which sections 8312 and 8432(g)(5) of title 
                5, United States Code, apply.
    (b) Definitions.--For purposes of this section--
            (1) Officer of the united states.--The term ``officer of 
        the United States'' means an officer appointed pursuant to 
        section 2104(a)(1)(C) of title 5, United States Code.
            (2) Employee of the united states.--The term ``employee of 
        the United States'' means an employee, as defined by section 
        2105 of title 5, United States Code.
            (3) Personally identifiable covered information.--The term 
        ``personally identifiable covered information'' means protected 
        health information (as defined in section 160.103 of title 45, 
        Code of Federal Regulations, or any successor regulation).

SEC. 3. PRIVATE RIGHT OF ACTION.

    (a) In General.--Any person who violates section 2 of this Act or 
who willfully aids, abets, counsels, induces, or procures the 
commission of a violation of section 2 of this Act shall be liable to 
the person whose personally identifiable covered information was 
disclosed in violation of section 2 of this Act--
            (1) in the amount of $100,000 for each such violation, and
            (2) for costs of prosecution and attorney fees.
    (b) Jurisdiction; Statute of Limitations; Venue; Process.--The 
United States district courts shall have exclusive jurisdiction of 
actions brought under this section. Any such action shall be brought 
not later than two years after the date the cause of action arises. Any 
action brought under subsection (a) of this section may be brought in 
any judicial district wherein the defendant is found, resides, or 
transacts business, or in the judicial district wherein any act or 
transaction constituting the violation occurs. Process in such action 
may be served in any judicial district of which the defendant is an 
inhabitant or wherever the defendant may be found.
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