I
103D CONGRESS
1ST SESSION
H. R. 3365
To amend title 18, United States Code, to protect the personal privacy
and safety of licensed drivers, taking into account the legitimate needs
of government and business.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. MORAN (for himself, Mr. FRANK of Massachusetts, Ms. PELOSI, Mr.
TOWNS, Mr. SCOTT, Ms. BYRNE, and Mrs. MORELLA) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to protect the per-
sonal privacy and safety of licensed drivers, taking into
account the legitimate needs of government and business.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Driver’s Privacy Pro-
tection Act of 1993’’.
SEC. 2. PROHIBITION ON RELEASE OF CERTAIN PERSONAL
INFORMATION BY STATES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 121 the following:
‘‘CHAPTER 123—PROHIBITION ON RELEASE OF
CERTAIN PERSONAL INFORMATION BY STATES
‘‘Sec.
‘‘2721. Prohibition on release of certain personal information by States.
‘‘2722. Additional unlawful acts.
‘‘2723. Penalties and remedies.
‘‘2724. Effect on State and local law.
‘‘2725. Definitions.
‘‘§ 2721. Prohibition on release of certain personal in-
formation by States
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son or other entity to disclose personal information derived
from an individual’s motor vehicle records to any other
person or entity, other than to the individual, except as
permitted under this chapter.
‘‘(b) EXCEPTIONS.—Personal information referred to
in subsection (a) of this section may be disclosed for any
of the following uses:
‘‘(1) For use by any Federal or State court in
carrying out its functions.
‘‘(2) For use by any Federal or State agency in
carrying out its functions.
‘‘(3) For use in connection with matters of
automobile and driver safety, including manufactur-
ers of motor vehicles conducting a recall of motor ve-
hicles.
‘‘(4) For use in the normal course of business
by a legitimate business (including an insurer or in-
surance support organization) or its agents or em-
ployees or contractors, but only—
‘‘(A) to verify the accuracy of personal in-
formation submitted by the individual to the
business; and
‘‘(B) if such information as so submitted
was not correct, to obtain the correct informa-
tion, but only for the purpose of pursuing rem-
edies against an individual who provided false
information or presented a check or similar
item that was not honored.
‘‘(5) For use in any civil or criminal proceeding
in any Federal or State court.
‘‘(6) For use in research activities, if the motor
vehicle department determines that such personal in-
formation will not be used to solicit the individual
and that the individual is not identified or associated
with the requested information.
‘‘(7) For use in marketing activities, if the
motor vehicle department—
‘‘(A) has provided in a clear and conspicu-
ous manner to the individual an opportunity to
prohibit such disclosure;
‘‘(B) has received assurances that the in-
formation will be used, rented, or sold solely for
a permissible use under this chapter, including
marketing activities; and
‘‘(C) has received assurances that each en-
tity that sells or uses the information so ob-
tained keeps complete records identifying each
purpose for which the information is used and
each organization that receives the information.
‘‘(8) For purposes of reselling the personal in-
formation for a permissible use under paragraph (7)
of this subsection, but only if each person or other
entity that sells or uses the information so obtained
keeps complete records identifying—
‘‘(A) each purpose for which the informa-
tion is used; and
‘‘(B) each person or other entity that re-
ceives the information.
‘‘(9) For use by any insurer or insurance sup-
port organization, or its employees, agents, and con-
tractors, but only in connection with claims inves-
tigation activities or antifraud activities.
‘‘(c) WAIVER PROCEDURES.—(1) Each State shall
establish and carry out procedures under which—
‘‘(A) an individual to whom the information
pertains may authorize the agency to disclose such
information; and
record, for any purpose not described in section 2721(b)
of this title.
‘‘(b) FALSE REPRESENTATIONS; UNLAWFUL DIS-
TRIBUTION.—It shall be unlawful for any person to make
any false representation to obtain or use any personal in-
formation derived from an individual’s motor vehicle
record.
‘‘§ 2723. Penalties and remedies
‘‘(a) WILLFUL VIOLATIONS BY NON-GOVERNMENTAL
ENTITIES.—Any person or other entity (other than a
State or agency thereof) that willfully violates this chapter
shall be fined under this title or imprisoned not more than
1 year, or both.
‘‘(b) NONWILLFUL VIOLATIONS
BY NON-GOVERN-
MENTAL ENTITIES.— Any person or other entity (other
than a State or agency thereof) that violates this chapter
shall be subject to a civil penalty in an amount not to
exceed $5,000.
‘‘(c) VIOLATION BY GOVERNMENTAL ENTITIES.—If
a State or agency thereof willfully violates this chapter,
the State shall be subject to a civil penalty in the amount
of $10,000. Each day of continued noncompliance by the
State shall constitute a separate violation.
‘‘§ 2724. Effect on State and local law
‘‘A State or local government may prohibit conduct
that is permitted in the exceptions set forth in section
2721(b) of this title.
‘‘§ 2725. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘personal information’ means an
individual’s name, address, telephone number, social
security number, driver’s identification number,
medical and disability information, photograph, or
other information that identifies a particular individ-
ual;
‘‘(2) the term ‘State’ includes the District of
Columbia, Puerto Rico, and any other possession or
territory of the United States; and
‘‘(3) the term ‘motor vehicle record information’
means—
‘‘(A) information about who is licensed to
drive vehicles on the public highways, including
any personal information about the licensed
driver that is maintained as part of, or is asso-
ciated with, a listing of who is so licensed;
‘‘(B) registration information about a
motor vehicle; and
‘‘(C) information about violations of traffic
laws and similar information kept about a li-
censed driver in connection with the operations
of a governmental authority that controls such
licensing.’’.
(B) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part I of title 18, United States Code,
is amended by inserting after the item relating to chapter
121 the following new item:
‘‘123. Prohibition on Release of Certain Personal Infor-
mation by States .................................................... 2721’’.
Æ