I 

109TH CONGRESS 

2D SESSION H. R. 5577 

To enhance protection of records of the Department of Veterans Affairs 

containing personal identifying information that is required by law to 

be confidential and privileged from disclosure except as authorized by 

law. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2006 

Mrs. CAPITO introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To enhance protection of records of the Department of Veterans Affairs containing personal identifying information 

that is required by law to be confidential and privileged 

from disclosure except as authorized by law. 

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 ‘‘Veterans Identity Pro5 tection Act of 2006’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) the Department of Veterans Affairs is re2 sponsible by law for safeguarding and holding con3 fidential the records of the Department that contain 

4 personal identifying information about present and 

5 former members of the Armed Forces and their fam6 ily members; and 

7 (2) it is the responsibility of the Department 

8 when such identifying information is lost or com9 promised due to the carelessness of the Department 

10 or its employees to assist those individuals whose 

11 identifying information is affected in mitigating any 

12 affect of that loss or compromise. 

13 SEC. 3. OFFICE OF IDENTITY PROTECTION IN DEPART14 MENT OF VETERANS AFFAIRS. 

15 (a) ESTABLISHMENT.—There is established within 

16 the Department of Veterans Affairs an Office of Identity 

17 Protection. The Office shall be administered by a Director 

18 who shall be appointed by the Secretary. 

19 (b) PURPOSE.—The purpose of the Office shall be— 

20 (1) to prevent the loss or compromise of per21 sonal identifying information (including name, social 

22 security number, financial records, and health 

23 records) about present and former members of the 

24 Armed Forces and their family members that is re25 quired by section 5701 of title 38, United States 


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1 Code, or any other provision of law to be held con2 fidential and privileged and protected from disclo3 sure except as authorized by law; and 

4 (2) to assist any person whose personal identi5 fying information referred to in paragraph (1) is or 

6 may have been compromised by the Department or 

7 a Department employee in mitigating the effect of 

8 any such compromise. 

9 (c) RESPONSIBILITIES.—The Secretary of Veterans 

10 Affairs, acting through the Office of Veterans Identity 

11 Protection, shall— 

12 (1) whenever there is a loss or compromise of 

13 personal identifying information described in sub14 section (b)(1), notify each individual whose personal 

15 identifying information was lost or compromised of 

16 that loss or compromise; 

17 (2) contract with national credit reporting 

18 agencies to provide one credit report every six 

19 months for three years, without charge to the recipi20 ent, to any individual whose personal identifying in21 formation held by the Department of Veterans Af22 fairs is or may have compromised due to the care23 lessness of the Department or its employees in viola24 tion of section 5701 of title 38, United States Code, 

25 or any other provision of law; 


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1 (3) offer a 24-hour toll-free telephone number 

2 and a website for individuals described in paragraph 

3 (2) to provide them information regarding access to 

4 credit reporting services; 

5 (4) work in coordination with the Department 

6 of Defense and the Federal Trade Commission to 

7 ensure that active-duty military personnel, especially 

8 those deployed in combat zones, have access to cred9 it reporting services; and 

10 (5) make available to present and former mem11 bers of the Armed Forces and their family members, 

12 through internet web pages, outreach activities, and 

13 other appropriate means, information on possible 

14 fraudulent consumer credit or reporting services that 

15 may be aimed at present or former members of the 

16 Armed Forces. 

17 (d) AGENCIES TO BE NOTIFIED.—The Office shall 

18 be responsible for ensuring that the Department of Justice 

19 and the Federal Trade Commission are notified imme20 diately when the Department of Veterans Affairs knows 

21 or suspects that personal data in the records of the De22 partment have been compromised. 


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1 SEC. 4. INSPECTOR GENERAL REPORT ON DATA SECURITY 

2 PRACTICES OF DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) STUDY.—The Inspector General of the Depart5 ment of Veterans Affairs shall conduct a study of the data 

6 security practices of the Department, including practices 

7 relating to access to personal identifying information held 

8 by the Department and the authorization process for re9 moving such data from secure custody in the files of the 

10 Department. 

11 (b) REPORT.—Not later than six months after the 

12 date of the enactment of this Act, the Inspector General 

13 shall submit to the Committees on Veterans’ Affairs of 

14 the Senate and the House of Representatives a report pro15 viding the results of the study under subsection (a). 

16 SEC. 5. CRIMINAL PENALTY. 

17 Any officer or employee of the Department of Vet18 erans Affairs who, except as authorized by law or by the 

19 Secretary of Veterans Affairs, removes from the custody 

20 of the Department of Veterans Affairs any file, record, 

21 report, or document of the Department of Veterans Af22 fairs that is subject to section 5701 of title 38, United 

23 States Code, shall be fined as provided in title 18, United 

24 States Code, or imprisoned not more than 2 years, or both. 

Æ 


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