Veterans Identity Protection Act or VIP Act - Establishes as an independent office in the executive branch the Office of Veterans Identity Protection Claims, headed by a Director, to receive, process, and pay claims for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs (VA). Authorizes judicial review of claim determinations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5520 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5520
To establish the Office of Veterans Identity Protection Claims to
reimburse injured persons for injuries suffered as a result of the
unauthorized use, disclosure, or dissemination of identifying
information stolen from the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2006
Mrs. Wilson of New Mexico (for herself, Mr. Platts, Mr. Renzi, Mr.
Hayworth, Mr. Gutknecht, Mr. Garrett of New Jersey, Mr. Leach, Ms. Ros-
Lehtinen, Mr. Simmons, Mrs. Kelly, Mr. Hefley, Mr. Cole of Oklahoma,
Mr. Kline, Mr. Barrett of South Carolina, Mrs. Blackburn, Ms. Granger,
Mr. Carter, Mrs. Johnson of Connecticut, Mr. Sweeney, Mrs. Miller of
Michigan, Mr. Skelton, Mr. Spratt, Mr. Hall, Mr. Sherwood, Mr. Gerlach,
Mrs. Northup, Mr. LoBiondo, Mr. Rogers of Michigan, Mr. Reichert, Mr.
McCaul of Texas, Mr. Sullivan, Mr. Burgess, Mr. Gohmert, Mr. Mario
Diaz-Balart of Florida, Mr. Lincoln Diaz-Balart of Florida, Ms. Ginny
Brown-Waite of Florida, Mr. Davis of Kentucky, Mr. Hastings of Florida,
Mr. Abercrombie, Mr. Meehan, Mr. Miller of Florida, Mr. Aderholt, Mr.
Crenshaw, Mr. Jenkins, Mr. Goode, Mr. Jones of North Carolina, Mrs.
Cubin, Mr. Rogers of Alabama, Mr. Everett, Mr. Bradley of New
Hampshire, Mr. Beauprez, Mr. Gingrey, Mr. Istook, Mr. Tom Davis of
Virginia, Mrs. Drake, Mrs. Schmidt, Mr. Lucas, Mr. Kirk, Mr. Wolf, Mr.
Rothman, Mr. Shimkus, Mr. Taylor of Mississippi, Mr. Hulshof, Ms. Hart,
Mr. Shays, Mr. Langevin, Mr. Wamp, Mr. Salazar, Mr. Porter, Mr. Franks
of Arizona, Mr. Sessions, Mr. Hoekstra, and Mr. Hastings of Washington)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish the Office of Veterans Identity Protection Claims to
reimburse injured persons for injuries suffered as a result of the
unauthorized use, disclosure, or dissemination of identifying
information stolen from the Department of Veterans Affairs, and for
other purposes.
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 ``Veterans Identity Protection Act'',
or the ``VIP Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to reimburse injured persons for injuries suffered as a
result of the unauthorized use, disclosure, or dissemination of
identifying information stolen from the home of an employee of
the Department of Veterans Affairs on or around May 3, 2006;
and
(2) to provide for the expeditious consideration and
settlement of claims for those injuries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Veterans Identity Protection Claims.
(2) Injured person.--The term ``injured person'' means an
individual--
(A) whose name or other personal identifying
information was part of the data of the Department of
Veterans Affairs that was stolen from the home of an
employee of the Department of Veterans Affairs on or
around May 3, 2006; and
(B) who suffered an injury as a result of the
unauthorized use, disclosure, or dissemination of
personal identifying information that was included in
the data described in subparagraph (A).
(3) Office.--The term ``Office'' means the Office of
Veterans Identity Protection Claims established under section
4(a).
SEC. 4. OFFICE OF VETERANS IDENTITY PROTECTION CLAIMS.
(a) Office Established.--There is established an independent office
of the executive branch to receive, process, and pay claims in
accordance with this Act. Such office shall be known as the Office of
Veterans Identity Protection Claims.
(b) Director.--Not later than 30 days after the enactment of this
Act, the President shall appoint a director of the Office of Veterans
Identity Protection Claims. The Director shall, on behalf of the United
States, investigate, consider, ascertain, adjust, determine, grant,
deny, or settle any claim for money damages asserted under section
5(b).
(c) Funding.--The Office--
(1) shall be funded from funds made available to the
Director under this Act;
(2) may reimburse other Federal agencies for claims
processing support and assistance;
(3) may appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the provisions
of title 5, United States Code, governing appointments in
competitive service; and
(4) upon the request of the Director, may request that the
head of any Federal department or agency detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Office to assist it in carrying out its duties
under this Act.
SEC. 5. REIMBURSEMENT FOR INJURIES SUFFERED.
(a) Reimbursement.--Each injured person shall be entitled to
receive from the United States--
(1) reimbursement for any injuries suffered by the injured
person as a result of the unauthorized use, disclosure, or
dissemination of personal identifying information that was
included in the data described in section 3(2)(A); and
(2) damages described in subsection (d)(3), as determined
by the Director.
(b) Submission of Claims.--Not later than 2 years after the date on
which regulations are first promulgated under subsection (f), an
injured person may submit to the Director a written claim for one or
more injuries suffered by the injured person in accordance with such
requirements as the Director determines to be appropriate.
(c) Investigation of Claims.--
(1) Applicability of state law.--Except as otherwise
provided in this Act, the laws of the State in which the
injured person resides shall apply to the calculation of
damages under subsection (d)(3).
(2) Extent of damages.--Any payment under this Act--
(A) shall be limited to actual compensatory damages
measured by injuries suffered and interest before
settlement or payment of a claim; and
(B) shall not include punitive damages.
(d) Payment of Claims.--
(1) Determination and payment of amount.--
(A) In general.--Not later than 180 days after the
date on which a claim is submitted under this Act, the
Director shall determine and fix the amount, if any, to
be paid for the claim.
(B) Parameters of determination.--In determining
and settling a claim under this Act, the Director shall
determine only--
(i) whether the claimant is an injured
person;
(ii) whether the injury that is the subject
of the claim resulted from the unauthorized
use, disclosure, or dissemination of personal
identifying information that was included in
the data described in section 3(2)(A);
(iii) the amount, if any, to be allowed and
paid to the injured person under this Act.
(C) Other payments or settlements.--In determining
the amount of, and paying, a claim under this Act, to
prevent recovery by a claimant in excess of actual
compensatory damages, the Director shall reduce the
amount to be paid for the claim by an amount that is
equal to the total of any payments or settlements of
any nature that were paid, or will be paid, to the
injured person with respect to the claim.
(2) Partial payment.--
(A) In general.--At the request of a claimant, the
Director may make one or more advance or partial
payments before the final settlement of a claim,
including final settlement on any portion or aspect of
a claim that is determined to be severable.
(B) Judicial decision.--If a claimant receives a
partial payment on a claim under this Act, but further
payment on the claim is subsequently denied by the
Director, the claimant may--
(i) seek judicial review under subsection
(i); and
(ii) keep any partial payment that the
claimant received, unless the Director
determines that the claimant--
(I) was not eligible to receive the
reimbursement; or
(II) fraudulently procured the
reimbursement.
(3) Allowable damages.--A claim that is paid under this Act
may include otherwise uncompensated damages for loss of
property, business loss, or financial loss resulting from the
unauthorized use, disclosure, or dissemination of personal
identifying information that was included in the data described
in section 3(2)(A).
(e) Acceptance of Award.--The acceptance by a claimant of any
payment under this Act, except an advance or partial payment made under
subsection (d)(2), shall--
(1) be final and conclusive on the claimant, with respect
to all claims arising out of or relating to the same subject
matter;
(2) constitute a complete release of all claims against the
United States (including any agency or employee of the United
States) under chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act''), or any
other Federal or State law, arising out of or relating to the
same subject matter; and
(3) shall include a certification by the claimant, made
under penalty of perjury and subject to the provisions of
section 1001 of title 18, United States Code, that such claim
is true and correct.
(f) Regulations and Public Information.--
(1) Regulations.--Notwithstanding any other provision of
law, not later than 45 days after the date of the enactment of
this Act, the Director shall promulgate and publish in the
Federal Register interim final regulations for the processing
and payment of claims under this Act.
(2) Public information.--
(A) In general.--At the time at which the Director
promulgates regulations under paragraph (1), the
Director shall publish, in newspapers of general
circulation in the each of the several States and the
District of Columbia, a clear, concise, and easily
understandable explanation, in English and Spanish,
of--
(i) the rights conferred under this Act;
and
(ii) the procedural and other requirements
of the regulations promulgated under paragraph
(1).
(B) Dissemination through other media.--The
Director shall disseminate the explanation published
under subparagraph (A) through brochures, pamphlets,
radio, television, and other media that the Director
determines are likely to reach prospective claimants.
(g) Consultation.--In administering this Act, the Director shall
consult with the Attorney General, the Secretary of Veterans Affairs,
the Secretary of the Defense, the Secretary of Commerce, other Federal
agencies, and State and local authorities, as determined to be
necessary by the Director to--
(1) ensure the efficient administration of the claims
process; and
(2) provide for local concerns.
(h) Election of Remedy.--
(1) In general.--An injured person may elect to seek
reimbursement from the United States for one or more injuries
resulting from the unauthorized use, disclosure, or
dissemination of personal identifying information that was
included in the data described in section 3(2)(A) by--
(A) submitting a claim under this Act;
(B) filing a claim or bringing a civil action under
chapter 171 of title 28, United States Code; or
(C) bringing an authorized civil action under any
other provision of law.
(2) Effect of election.--An election by an injured person
to seek reimbursement in any manner described in paragraph (1)
shall be final and conclusive on the claimant with respect to
all injuries resulting from the unauthorized use, disclosure,
or dissemination of personal identifying information that was
included in the data described in section 3(2)(A) that are
suffered by the claimant.
(3) Arbitration.--
(A) In general.--Not later than 45 days after the
date of the enactment of this Act, the Director shall
establish by regulation procedures under which a
dispute regarding a claim submitted under this Act may
be settled by arbitration.
(B) Arbitration as remedy.--On establishment of
arbitration procedures under subparagraph (A), an
injured person that submits a disputed claim under this
Act may elect to settle the claim through arbitration.
(C) Binding effect.--An election by an injured
person to settle a claim through arbitration under this
paragraph shall--
(i) be binding; and
(ii) preclude any exercise by the injured
person of the right to judicial review of a
claim described in subsection (i).
(4) No effect on entitlements.--Nothing in this Act affects
any right of a claimant to file a claim for benefits under any
Federal entitlement program.
(i) Judicial Review.--
(1) In general.--Any claimant aggrieved by a final decision
of the Director under this Act may, not later than 60 days
after the date on which the decision is issued, bring a civil
action in the an appropriate United States District Court, to
modify or set aside the decision, in whole or in part.
(2) Record.--The court shall hear a civil action under
paragraph (1) on the record made before the Director.
(3) Standard.--The decision of the Director incorporating
the findings of the Director shall be upheld if the decision is
supported by substantial evidence on the record considered as a
whole.
(j) Attorney's and Agent's Fees.--
(1) In general.--No attorney or agent, acting alone or in
combination with any other attorney or agent, shall charge,
demand, receive, or collect, for services rendered in
connection with a claim submitted under this Act, fees in
excess of 10 percent of the amount of any payment on the claim.
(2) Violation.--An attorney or agent who violates paragraph
(1) shall be fined not more than $10,000.
(k) Applicability of Debt Collection Requirements.--Section 3716 of
title 31, United States Code, shall not apply to any payment under this
Act.
SEC. 6. REPORT; AUDIT.
(a) Not later than 180 days after the date of promulgation of
regulations under section 5(f)(1), and semiannually thereafter, the
Director shall submit to the Committees on Veterans Affairs, Energy and
Commerce, and Judiciary of the House of Representatives, and the
Committees on Veterans Affairs, Commerce, Science and Transportation,
and Judiciary of the Senate, a report that describes the claims
submitted under this Act during the six months preceding the date of
submission of the report, including, for each claim--
(1) the amount claimed;
(2) a brief description of the nature of the claim; and
(3) the status or disposition of the claim, including the
amount of any payment under this Act.
(b) The Comptroller General shall conduct an annual audit on the
payment of all claims made under this Act, and shall report to the
committees described in subsection (a) on the results of this audit
beginning not later than the expiration of the 1-year period beginning
on the date of the enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director such sums
as are necessary to carry out this Act, to remain available until
expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E1000)
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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