I 

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. 

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 ‘‘Personal Health Infor5 mation Protection Act’’. 

6 SEC. 2. UNAUTHORIZED DISCLOSURE OF PERSONALLY 

7 IDENTIFIABLE COVERED INFORMATION. 

8 (a) LIABILITY FOR CERTAIN ACTS.— 


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1 (1) IN GENERAL.—It shall be unlawful for any 

2 officer or employee of the United States— 

3 (A) willfully to make an unauthorized dis4 closure of personally identifiable covered infor5 mation; or 

6 (B) to conspire to commit a violation of 

7 subparagraph (A). 

8 (2) PENALTY.— 

9 (A) IN GENERAL.—Any violation of para10 graph (1) shall be subject to a penalty of not 

11 more than the greatest of— 

12 (i) the penalty specified in the law set13 ting forth the offense which covers a viola14 tion of paragraph (1), or 

15 (ii) the penalty set forth in subpara16 graph (B). 

17 (B) UNIFORM PENALTY.—The penalty set 

18 forth in this subparagraph is a felony punish19 able upon conviction by— 

20 (i) a fine in any amount not exceeding 

21 $100,000 for each such violation and im22 prisonment of not more than 7 years, 

23 (ii) the costs of prosecution, and 

24 (iii) dismissal from office or discharge 

25 from employment. 


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1 (C) FORFEITURE OF ANNUITIES AND RE2 TIRED PAY.—A violation of paragraph (1) shall 

3 be treated as an offense to which sections 8312 

4 and 8432(g)(5) of title 5, United States Code, 

5 apply. 

6 (b) DEFINITIONS.—For purposes of this section— 

7 (1) OFFICER OF THE UNITED STATES.—The 

8 term ‘‘officer of the United States’’ means an officer 

9 appointed pursuant to section 2104(a)(1)(C) of title 

10 5, United States Code. 

11 (2) EMPLOYEE OF THE UNITED STATES.—The 

12 term ‘‘employee of the United States’’ means an em13 ployee, as defined by section 2105 of title 5, United 

14 States Code. 

15 (3) PERSONALLY IDENTIFIABLE COVERED IN16 FORMATION.—The term ‘‘personally identifiable cov17 ered information’’ means protected health informa18 tion (as defined in section 160.103 of title 45, Code 

19 of Federal Regulations, or any successor regulation). 

20 SEC. 3. PRIVATE RIGHT OF ACTION. 

21 (a) IN GENERAL.—Any person who violates section 

22 2 of this Act or who willfully aids, abets, counsels, induces, 

23 or procures the commission of a violation of section 2 of 

24 this Act shall be liable to the person whose personally 


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1 identifiable covered information was disclosed in violation 

2 of section 2 of this Act— 

3 (1) in the amount of $100,000 for each such 

4 violation, and 

5 (2) for costs of prosecution and attorney fees. 

6 (b) JURISDICTION; STATUTE OF LIMITATIONS; 

7 VENUE; PROCESS.—The United States district courts 

8 shall have exclusive jurisdiction of actions brought under 

9 this section. Any such action shall be brought not later 

10 than two years after the date the cause of action arises. 

11 Any action brought under subsection (a) of this section 

12 may be brought in any judicial district wherein the defend13 ant is found, resides, or transacts business, or in the judi14 cial district wherein any act or transaction constituting 

15 the violation occurs. Process in such action may be served 

16 in any judicial district of which the defendant is an inhab17 itant or wherever the defendant may be found. 

Æ 


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