[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5587-H5589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1530
      PREVENTION OF PRIVATE INFORMATION DISSEMINATION ACT OF 2017

  Mr. HILL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4294) to amend the Financial Stability Act of 2010 to provide a 
criminal penalty for unauthorized disclosures of certain individually 
identifiable information by officers or employees of a

[[Page H5588]]

Federal department or agency, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4294

       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 ``Prevention of Private 
     Information Dissemination Act of 2017''.

     SEC. 2. CRIMINAL PENALTY FOR UNAUTHORIZED DISCLOSURES.

       Section 165 of the Financial Stability Act of 2010 (12 
     U.S.C. 5365) is amended by adding at the end the following:
       ``(l) Criminal Penalty for Unauthorized Disclosures.--
     Section 552a(i)(1) of title 5, United States Code, shall 
     apply to a determination made under subsection (d) or (i) 
     based on individually identifiable information submitted 
     pursuant to the requirements of this section to the same 
     extent as such section 552a(i)(1) applies to agency records 
     which contain individually identifiable information the 
     disclosure of which is prohibited by such section 552a or by 
     rules or regulations established thereunder.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Hill) and the gentleman from Minnesota (Mr. Ellison) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. HILL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. HILL. Mr. Speaker, I include in the Record an exchange of letters 
between the committees of jurisdiction.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, June 22, 2018.
     Hon. Jeb Hensarling,
     Chairman, Committee on Financial Services,
     Washington, DC.
       Dear Chairman Hensarling: I write with respect to H.R. 
     4294, the ``Prevention of Private Information Dissemination 
     Act.'' As a result of your having consulted with us on 
     provisions within H.R. 4294 that fall within the Rule X 
     jurisdiction of the Committee on the Judiciary, I forego any 
     further consideration of this bill so that it may proceed 
     expeditiously to the House floor for consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 4294 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation and that our 
     committee will be appropriately consulted and involved as 
     this bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding with respect to H.R. 4294 and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration of the bill.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                    Washington, DC, June 25, 2018.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Goodlatte: Thank you for your June 22, 2018 
     letter regarding H.R. 4294, the ``Prevention of Private 
     Information Dissemination Act of 2017''.
       I am most appreciative of your decision to forego action on 
     H.R. 4294 so that it may move expeditiously to the House 
     floor. I acknowledge that although you are waiving action on 
     the bill, the Committee on the Judiciary is in no way waiving 
     its jurisdictional interest in this or similar legislation. 
     In addition, if a conference is necessary on this 
     legislation, I will support any request that your committee 
     be represented therein.
       Finally, I shall be pleased to include your letter in the 
     Congressional Record during floor consideration of H.R. 4294.
           Sincerely,
                                                   Jeb Hensarling,
                                                         Chairman.

  Mr. HILL. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Tennessee (Mr. Kustoff), the author of this bill.
  Mr. KUSTOFF of Tennessee. Mr. Speaker, I rise today in support of my 
bill, H.R. 4294, the Prevention of Private Information Dissemination 
Act of 2017.
  Mr. Speaker, this legislation will establish criminal penalties for 
the unauthorized disclosure of living will and stress test 
determinations and other individually identifiable information by 
Federal officials.
  With recent data breaches and leaks of sensitive information, it is 
essential that we ensure that this information is safely guarded and 
that people are punished for their illicit actions.
  Since the enactment of Dodd-Frank in 2010, bank holding and certain 
nonbank companies, designated as systemically important financial 
institutions, otherwise known as SIFIs, are required to submit annual 
reports to the Federal Reserve and the Federal Deposit Insurance 
Company, the FDIC.
  The purpose of these reports is to outline the company's strategy for 
a potential bankruptcy in times of market stress. Through the living 
will and the stress test process, banks submit detailed financial 
reports about their businesses, such as assets, trade secrets, and 
other classified information to the Federal Reserve and to the FDIC.
  Unfortunately, Mr. Speaker, the information has the potential to be 
leaked by employees and, unfortunately, in April of 2016, this did 
occur. In fact, on April 12, 2016, it was discovered that nonpublic 
confidential supervisory information related to the living will results 
was leaked to the press directly.
  The Wall Street Journal article from that day cited ``people familiar 
with the matter'' indicated that the agencies planned to reject the 
revised living wills of at least half of the U.S. banks that 
resubmitted proposals before formal decisions were sent to the 
institutions.
  In this instance, the leak was extremely harmful, as financial 
institutions were preparing their quarterly investor reports. As a 
result, regulators were forced to formally release their findings the 
next day. In addition, this private information has market-moving 
implications and can result in insider trading and illegal sharing of 
information.
  Mr. Speaker, prior to Dodd-Frank, the FDIC did not have market-moving 
information on high-profile industries. Stress test requirements 
therefore meant that the FDIC had to create new policies and new 
procedures to help protect the information. According to the FDIC's 
Principal Deputy Inspector General in 2016, the agency is ``not there 
yet,'' and it may not be prepared to safeguard the information.
  Sadly, between 2015 and 2016, the FDIC experienced many data breaches 
that involved employees leaving the company. One such incident occurred 
in 2015, in which a departing employee downloaded sensitive stress test 
data onto a thumb drive.
  These leaks are deeply troubling and, overall, they are unacceptable. 
This information could be obtained by individuals to either invest or 
to divest in particular stocks, which, obviously, can be quite damaging 
to bank investors and to the capital markets.
  The unauthorized disclosure of information that can significantly 
alter the stock market is an extremely punishable offense. By 
increasing penalties on employees of these agencies, it proves, 
frankly, that they are not above the law.
  That is why I introduced this bill, to ensure that sensitive market 
information is properly protected and that people who improperly 
disclose nonpublic, confidential information are, in fact, punished. 
Mr. Speaker, ultimately, this is commonsense legislation that will help 
mitigate future leaks of sensitive information.
  I do want to thank Chairman Hensarling and the entire Financial 
Services Committee for their continued hard work.
  I urge my colleagues to support this extremely important piece of 
legislation.
  Mr. ELLISON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the bill makes clear that the penalties apply to 
officers and employees of Federal departments or agencies who willfully 
disclose agency records that contain personal identifiable information 
pursuant to section 165 of the Dodd-Frank Act. These acts are already 
illegal, and this bill is a clarification to make sure that these 
penalties apply.
  This is a commonsense bipartisan bill, and I urge support.

[[Page H5589]]

  Mr. Speaker, I yield back the balance of my time.
  Mr. HILL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Hill) that the House suspend the rules and 
pass the bill, H.R. 4294, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HILL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________