I 

109TH CONGRESS 

2D SESSION H. R. 5661 

To amend title 18, United States Code, to prohibit the unauthorized removal 

or use of personal information contained in a database owned, operated, 

or maintained by the Federal Government. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2006 

Ms. CORRINE BROWN of Florida introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit the unauthorized removal or use of personal information contained in a database owned, operated, or maintained 

by the Federal Government. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Data Theft Prevention 

5 Act of 2006’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 5661 IH

1 SEC. 2. FEDERAL DATABASES. 

2 (a) IN GENERAL.—Chapter 101 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 2077. Means of identification and individually 

6 identifiable health information in Federal 

7 databases 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) FEDERAL DATABASE.—The term ‘Federal 

10 database’ means any electronic database owned, op11 erated, or maintained by or for the Federal Govern12 ment. 

13 ‘‘(2) INDIVIDUALLY IDENTIFIABLE HEALTH IN14 FORMATION.—The term ‘individually identifiable 

15 health information’ has the meaning given the term 

16 in the regulations issued under section 264(c) of the 

17 Health Insurance Portability and Accountability Act 

18 of 1996 (42 U.S.C. 1320d–2 note). 

19 ‘‘(3) MEANS OF IDENTIFICATION.—The term 

20 ‘means of identification’ has the meaning given the 

21 term in section 1028 of this title. 

22 ‘‘(b) UNAUTHORIZED USE.—It shall be unlawful for 

23 any person knowingly and without authorization— 

24 ‘‘(1) to view, use, download, or remove any 

25 means of identification or individually identifiable 

26 health information that is in a Federal database; or 


jcorcoran on PROD1PC62 with BILLS
3 

•HR 5661 IH

1 ‘‘(2) to transfer such means of identification or 

2 individually identifiable health information to, or 

3 store such means of identification or individually 

4 identifiable health information in, any computer, 

5 network, database, or other format used to store in6 formation that is not a Federal database. 

7 ‘‘(c) USE FOR CRIMINAL PURPOSES.—It shall be un8 lawful for any person to use a means of identification or 

9 individually identifiable health information obtained di10 rectly or indirectly from a Federal database in furtherance 

11 of a violation of any Federal or State criminal law. 

12 ‘‘(d) PENALTY.—Any person who violates subsection 

13 (b) or (c) shall be fined under this title or imprisoned not 

14 more than 1 year, or both.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 101 of title 18, United States 

17 Code, is amended by inserting after the item relating to 

18 section 2076 the following new item: 

‘‘2077. Means of identification and individually identifiable health information 

in Federal databases.’’. 

Æ 


jcorcoran on PROD1PC62 with BILLS