[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6163 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6163
To amend title 44, United States Code, to strengthen requirements
related to security breaches of data involving the disclosure of
sensitive personal information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2006
Mr. Tom Davis of Virginia (for himself, Ms. Pryce of Ohio, and Mr.
Sweeney) introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To amend title 44, United States Code, to strengthen requirements
related to security breaches of data involving the disclosure of
sensitive personal information.
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 ``Federal Agency Data Breach
Protection Act''.
SEC. 2. FEDERAL AGENCY DATA BREACH NOTIFICATION REQUIREMENTS.
(a) Authority of Director of Office of Management and Budget To
Establish Data Breach Policies.--Section 3543(a) of title 44, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (8); and
(3) by adding at the end the following:
``(9) establishing policies, procedures, and standards for
agencies to follow in the event of a breach of data security
involving the disclosure of sensitive personal information and
for which harm to an individual could reasonably be expected to
result, specifically including--
``(A) a requirement for timely notice to be
provided to those individuals whose sensitive personal
information could be compromised as a result of such
breach, except no notice shall be required if the
breach does not create a reasonable risk of identity
theft, fraud, or other unlawful conduct regarding such
individual;
``(B) guidance on determining how timely notice is
to be provided; and
``(C) guidance regarding whether additional special
actions are necessary and appropriate, including data
breach analysis, fraud resolution services, identity
theft insurance, and credit protection or monitoring
services.''.
(b) Authority of Chief Information Officer To Enforce Data Breach
Policies and Develop and Maintain Inventories.--Section 3544(a)(3) of
title 44, United States Code, is amended--
(1) by inserting after ``authority to ensure compliance
with'' the following: ``and, to the extent determined necessary
and explicitly authorized by the head of the agency, to
enforce'';
(2) by striking ``and'' at the end of subparagraph (D);
(3) by inserting ``and'' at the end of subparagraph (E);
and
(4) by adding at the end the following:
``(F) developing and maintaining an inventory of
all personal computers, laptops, or any other hardware
containing sensitive personal information;''.
(c) Inclusion of Data Breach Notification in Agency Information
Security Programs.--Section 3544(b) of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (8); and
(3) by adding at the end the following:
``(9) procedures for notifying individuals whose sensitive
personal information is compromised consistent with policies,
procedures, and standards established under section 3543(a)(9)
of this title.''.
(d) Authority of Agency Chief Human Capital Officers To Assess
Federal Personal Property.--Section 1402(a) of title 5, United States
Code, is amended--
(1) by striking ``, and'' at the end of paragraph (5) and
inserting a semicolon;
(2) by striking the period and inserting ``; and'' at the
end of paragraph (6); and
(3) by adding at the end the following:
``(7) prescribing policies and procedures for exit
interviews of employees, including a full accounting of all
Federal personal property that was assigned to the employee
during the course of employment.''.
(e) Sensitive Personal Information Definition.--Section 3542(b) of
title 44, United States Code, is amended by adding at the end the
following new paragraph:
``(4) The term `sensitive personal information', with
respect to an individual, means any information about the
individual maintained by an agency, including--
``(A) education, financial transactions, medical
history, and criminal or employment history;
``(B) information that can be used to distinguish
or trace the individual's identity, including name,
social security number, date and place of birth,
mother's maiden name, or biometric records; or
``(C) any other personal information that is linked
or linkable to the individual.''.
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