H. R. 3355—300
shall any such personnel be compensated at a rate greater than
the rate of basic pay for level ES–4 of the Senior Executive Service
Schedule under section 5382 of that title. The staff director shall
be paid at a rate not to exceed the rate of basic pay for level
V of the Executive Schedule.
(d) CONSULTANTS.—With the approval of the Commission, the
staff director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, personnel of that agency to the Commission
to assist in carrying out its duties.
(f) PHYSICAL FACILITIES.—The Administrator of the General
Service Administration shall provide suitable office space for the
operation of the Commission. The facilities shall serve as the head-
quarters of the Commission and shall include all necessary equip-
ment and incidentals required for proper functioning.
SEC. 270007. POWERS.
(a) HEARINGS.—For the purposes of carrying out this title,
the Commission may conduct such hearings, sit and act at such
times and places, take such testimony, and receive such evidence,
as the Commission considers appropriate. The Commission may
administer oaths before the Commission.
(b) DELEGATION.—Any committee, task force, member, or agent,
of the Commission may, if authorized by the Commission, take
any action that the Commission is authorized to take under this
title.
(c) ACCESS TO INFORMATION.—The Commission may request
directly from any Federal agency or entity in the executive or
legislative branch such information as is needed to carry out its
functions.
(d) MAIL.—The Commission may use the United States mails
in the same manner and under the same conditions as other Federal
agencies.
SEC. 270008. REPORT; TERMINATION.
Not later than 2 years after the date on which the Commission
is fully constituted under section 270001, the Commission shall
submit a detailed report to the Congress and the President contain-
ing its findings and recommendations. The Commission shall termi-
nate 30 days after the submission of its report.
SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title—
(1) $1,000,000 for fiscal year 1996.
TITLE XXVIII—SENTENCING
PROVISIONS
SEC. 280001. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended
to read as follows:
‘‘(4) the kinds of sentence and the sentencing range estab-
lished for—
H. R. 3355—301
‘‘(A) the applicable category of offense committed by
the applicable category of defendant as set forth in the
guidelines issued by the Sentencing Commission pursuant
to section 994(a)(1) of title 28, United States Code, and
that are in effect on the date the defendant is sentenced;
or
‘‘(B) in the case of a violation of probation or supervised
release, the applicable guidelines or policy statements
issued by the Sentencing Commission pursuant to section
994(a)(3) of title 28, United States Code;’’.
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS
OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is amended
by striking ‘‘possess illegal controlled substances’’ and inserting
‘‘unlawfully possess a controlled substance’’.
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMIS-
SION REGARDING SENTENCING ENHANCEMENTS FOR
HATE CRIMES.
(a) DEFINITION.—In this section, ‘‘hate crime’’ means a crime
in which the defendant intentionally selects a victim, or in the
case of a property crime, the property that is the object of the
crime, because of the actual or perceived race, color, religion,
national origin, ethnicity, gender, disability, or sexual orientation
of any person.
(b) SENTENCING ENHANCEMENT.—Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commis-
sion shall promulgate guidelines or amend existing guidelines to
provide sentencing enhancements of not less than 3 offense levels
for offenses that the finder of fact at trial determines beyond a
reasonable doubt are hate crimes. In carrying out this section,
the United States Sentencing Commission shall ensure that there
is reasonable consistency with other guidelines, avoid duplicative
punishments for substantially the same offense, and take into
account any mitigating circumstances that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES
IN CERTAIN CASES.
Section 3561(a)(3) of title 18, United States Code, is amended
by inserting ‘‘that is not a petty offense’’ before the period.
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES
SENTENCING COMMISSION.
(a) ESTABLISHMENT OF POSITIONS.—Section 991 (a) of title 28,
United States Code, is amended—
(1) in the second sentence by striking the period and insert-
ing ‘‘and three of whom shall be designated by the President
as Vice Chairs.’’;
(2) in the fourth sentence by striking the period and insert-
ing ‘‘, and of the three Vice Chairs, no more than two shall
be members of the same political party.’’; and
(3) in the sixth sentence by striking ‘‘Chairman’’ and insert-
ing ‘‘Chair, Vice Chairs,’’.
(b) TERMS
AND COMPENSATION.—Section 992(c) of title 28,
United States Code, is amended—
(1) by amending the first sentence to read as follows: ‘‘The
Chair and Vice Chairs of the Commission shall hold full-time
H. R. 3355—302
positions and shall be compensated during their terms of office
at the annual rate at which judges of the United States courts
of appeals are compensated.’’;
(2) in the second sentence by striking ’’Chairman’’ and
inserting ‘‘Chair and Vice Chairs’’; and
(3) in the third sentence by striking ‘‘Chairman’’ and insert-
ing ‘‘Chair and Vice Chairs,’’.
(c) TECHNICAL AMENDMENTS.—Chapter 58 of title 28, United
States Code, is amended—
(1) by striking ‘‘Chairman’’ each place it appears and insert-
ing ‘‘Chair’’;
(2) in the fifth sentence of section 991(a) by striking ‘‘his’’
and inserting ‘‘the Attorney General’s’’;
(3) in the fourth sentence of section 992(c) by striking
‘‘his’’ and inserting ‘‘the judge’s’’;
(4) in section 994(i)(2) by striking ‘‘he’’ and inserting ‘‘the
defendant’’ and striking ‘‘his’’ and inserting ‘‘the defendant’s’’;
and
(5) in section 996(a) by striking ‘‘him’’ and inserting ‘‘the
Staff Director’’.
SEC. 280006. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States Sentenc-
ing Commission shall submit a report to Congress on issues relating
to sentences applicable to offenses involving the possession or dis-
tribution of all forms of cocaine. The report shall address the
differences in penalty levels that apply to different forms of cocaine
and include any recommendations that the Commission may have
for retention or modification of such differences in penalty levels.
TITLE XXIX—COMPUTER CRIME
SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Computer
Abuse Amendments Act of 1994’’.
(b) PROHIBITION.—Section 1030(a)(5) of title 18, United States
Code, is amended to read as follows:
‘‘(5)(A) through means of a computer used in interstate
commerce or communications, knowingly causes the trans-
mission of a program, information, code, or command to a
computer or computer system if—
‘‘(i) the person causing the transmission intends that
such transmission will—
‘‘(I) damage, or cause damage to, a computer, com-
puter system, network, information, data, or program;
or
‘‘(II) withhold or deny, or cause the withholding
or denial, of the use of a computer, computer services,
system or network, information, data or program; and
‘‘(ii) the transmission of the harmful component of the
program, information, code, or command—
‘‘(I) occurred without the authorization of the per-
sons or entities who own or are responsible for the
computer system receiving the program, information,
code, or command; and
H. R. 3355—303
‘‘(II)(aa) causes loss or damage to one or more
other persons of value aggregating $1,000 or more
during any 1-year period; or
‘‘(bb) modifies or impairs, or potentially modifies
or impairs, the medical examination, medical diagnosis,
medical treatment, or medical care of one or more
individuals; or
‘‘(B) through means of a computer used in interstate com-
merce or communication, knowingly causes the transmission
of a program, information, code, or command to a computer
or computer system—
‘‘(i) with reckless disregard of a substantial and
unjustifiable risk that the transmission will—
‘‘(I) damage, or cause damage to, a computer, com-
puter system, network, information, data or program;
or
‘‘(II) withhold or deny or cause the withholding
or denial of the use of a computer, computer services,
system, network, information, data or program; and
‘‘(ii) if the transmission of the harmful component of
the program, information, code, or command—
‘‘(I) occurred without the authorization of the per-
sons or entities who own or are responsible for the
computer system receiving the program, information,
code, or command; and
‘‘(II)(aa) causes loss or damage to one or more
other persons of a value aggregating $1,000 or more
during any 1-year period; or
‘‘(bb) modifies or impairs, or potentially modifies
or impairs, the medical examination, medical diagnosis,
medical treatment, or medical care of one or more
individuals;’’.
(c) PENALTY.—Section 1030(c) of title 18, United States Code,
is amended—
(1) in paragraph (2)(B) by striking ‘‘and’’ after the semi-
colon;
(2) in paragraph (3)(A) by inserting ‘‘(A)’’ after ‘‘(a)(5)’’;
(3) in paragraph (3)(B) by striking the period at the end
thereof and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(4) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under subsection
(a)(5)(B).’’.
(d) CIVIL ACTION.—Section 1030 of title 18, United States Code,
is amended by adding at the end thereof the following new sub-
section:
‘‘(g) Any person who suffers damage or loss by reason of a
violation of the section, other than a violation of subsection (a)(5)(B),
may maintain a civil action against the violator to obtain compen-
satory damages and injunctive relief or other equitable relief. Dam-
ages for violations of any subsection other than subsection
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic
damages. No action may be brought under this subsection unless
such action is begun within 2 years of the date of the act complained
of or the date of the discovery of the damage.’’.
H. R. 3355—304
(e) REPORTING REQUIREMENTS.—Section 1030 of title 18, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(h) The Attorney General and the Secretary of the Treasury
shall report to the Congress annually, during the first 3 years
following the date of the enactment of this subsection, concerning
investigations and prosecutions under section 1030(a)(5) of title
18, United States Code.’’.
(f) PROHIBITION.—Section 1030(a)(3) of title 18, United States
Code, is amended by inserting ‘‘adversely’’ before ‘‘affects the use
of the Government’s operation of such computer’’.
TITLE XXX—PROTECTION OF PRIVACY
OF INFORMATION IN STATE MOTOR
VEHICLE RECORDS
SEC. 300001. SHORT TITLE.
This title may be cited as the ‘‘Driver’s Privacy Protection
Act of 1994’’.
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PER-
SONAL INFORMATION FROM STATE MOTOR VEHICLE
RECORDS.
(a) IN GENERAL.—Title 18, United States Code, is amended
by inserting after chapter 121 the following new chapter:
‘‘CHAPTER 123—PROHIBITION ON RELEASE AND USE OF
CERTAIN 
PERSONAL 
INFORMATION 
FROM 
STATE
MOTOR VEHICLE RECORDS
‘‘§ 2721. Prohibition on release and use of certain personal
information from State motor vehicle records
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a State
department of motor vehicles, and any officer, employee, or contrac-
tor, thereof, shall not knowingly disclose or otherwise make avail-
able to any person or entity personal information about any individ-
ual obtained by the department in connection with a motor vehicle
record.
‘‘(b) PERMISSIBLE USES.—Personal information referred to in
subsection (a) shall be disclosed for use in connection with matters
of motor vehicle or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls, or advisories, performance
monitoring of motor vehicles and dealers by motor vehicle manufac-
turers, and removal of non-owner records from the original owner
records of motor vehicle manufacturers to carry out the purposes
of the Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and Motor
Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and
the Clean Air Act, and may be disclosed as follows:
‘‘(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its functions,
or any private person or entity acting on behalf of a Federal,
State, or local agency in carrying out its functions.
‘‘(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor
H. R. 3355—305
vehicle product alterations, recalls, or advisories; performance
monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey
research; and removal of non-owner records from the original
owner records of motor vehicle manufacturers.
‘‘(3) For use in the normal course of business by a legitimate
business or its agents, employees, or contractors, but only—
‘‘(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
‘‘(B) if such information as so submitted is not correct
or is no longer correct, to obtain the correct information,
but only for the purposes of preventing fraud by, pursuing
legal remedies against, or recovering on a debt or security
interest against, the individual.
‘‘(4) For use in connection with any civil, criminal, adminis-
trative, or arbitral proceeding in any Federal, State, or local
court or agency or before any self-regulatory body, including
the service of process, investigation in anticipation of litigation,
and the execution or enforcement of judgments and orders,
or pursuant to an order of a Federal, State, or local court.
‘‘(5) For use in research activities, and for use in producing
statistical reports, so long as the personal information is not
published, redisclosed, or used to contact individuals.
‘‘(6) For use by any insurer or insurance support organiza-
tion, or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting.
‘‘(7) For use in providing notice to the owners of towed
or impounded vehicles.
‘‘(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under
this subsection.
‘‘(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial
driver’s license that is required under the Commercial Motor
Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).
‘‘(10) For use in connection with the operation of private
toll transportation facilities.
‘‘(11) For any other use in response to requests for individ-
ual motor vehicle records if the motor vehicle department has
provided in a clear and conspicuous manner on forms for issu-
ance or renewal of operator’s permits, titles, registrations, or
identification cards, notice that personal information collected
by the department may be disclosed to any business or person,
and has provided in a clear and conspicuous manner on such
forms an opportunity to prohibit such disclosures.
‘‘(12) For bulk distribution for surveys, marketing or solici-
tations if the motor vehicle department has implemented meth-
ods and procedures to ensure that—
‘‘(A) individuals are provided an opportunity, in a clear
and conspicuous manner, to prohibit such uses; and
‘‘(B) the information will be used, rented, or sold solely
for bulk distribution for surveys, marketing, and solicita-
tions, and that surveys, marketing, and solicitations will
not be directed at those individuals who have requested
in a timely fashion that they not be directed at them.
H. R. 3355—306
‘‘(13) For use by any requester, if the requester dem-
onstrates it has obtained the written consent of the individual
to whom the information pertains.
‘‘(14) For any other use specifically authorized under the
law of the State that holds the record, if such use is related
to the operation of a motor vehicle or public safety.
‘‘(c) RESALE OR REDISCLOSURE.—An authorized recipient of per-
sonal information (except a recipient under subsection (b)(11) or
(12)) may resell or redisclose the information only for a use per-
mitted under subsection (b) (but not for uses under subsection
(b) (11) or (12)). An authorized recipient under subsection (b)(11)
may resell or redisclose personal information for any purpose. An
authorized recipient under subsection (b)(12) may resell or
redisclose personal information pursuant to subsection (b)(12). Any
authorized recipient (except a recipient under subsection (b)(11))
that resells or rediscloses personal information covered by this
title must keep for a period of 5 years records identifying each
person or entity that receives information and the permitted pur-
pose for which the information will be used and must make such
records available to the motor vehicle department upon request.
‘‘(d) WAIVER PROCEDURES.—A State motor vehicle department
may establish and carry out procedures under which the department
or its agents, upon receiving a request for personal information
that does not fall within one of the exceptions in subsection (b),
may mail a copy of the request to the individual about whom
the information was requested, informing such individual of the
request, together with a statement to the effect that the information
will not be released unless the individual waives such individual’s
right to privacy under this section.
‘‘§ 2722. Additional unlawful acts
‘‘(a) PROCUREMENT
FOR
UNLAWFUL
PURPOSE.—It shall be
unlawful for any person knowingly to obtain or disclose personal
information, from a motor vehicle record, for any use not permitted
under section 2721(b) of this title.
‘‘(b) FALSE REPRESENTATION.—It shall be unlawful for any per-
son to make false representation to obtain any personal information
from an individual’s motor vehicle record.
‘‘§ 2723. Penalties
‘‘(a) CRIMINAL FINE.—A person who knowingly violates this
chapter shall be fined under this title.
‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.—
Any State department of motor vehicles that has a policy or practice
of substantial noncompliance with this chapter shall be subject
to a civil penalty imposed by the Attorney General of not more
than $5,000 a day for each day of substantial noncompliance.
‘‘§ 2724. Civil action
‘‘(a) CAUSE OF ACTION.—A person who knowingly obtains, dis-
closes or uses personal information, from a motor vehicle record,
for a purpose not permitted under this chapter shall be liable
to the individual to whom the information pertains, who may bring
a civil action in a United States district court.
‘‘(b) REMEDIES.—The court may award—
‘‘(1) actual damages, but not less than liquidated damages
in the amount of $2,500;
H. R. 3355—307
‘‘(2) punitive damages upon proof of willful or reckless
disregard of the law;
‘‘(3) reasonable attorneys’ fees and other litigation costs
reasonably incurred; and
‘‘(4) such other preliminary and equitable relief as the
court determines to be appropriate.
‘‘§ 2725. Definitions
‘‘In this chapter—
‘‘(1) ‘motor vehicle record’ means any record that pertains
to a motor vehicle operator’s permit, motor vehicle title, motor
vehicle registration, or identification card issued by a depart-
ment of motor vehicles;
‘‘(2) ‘person’ means an individual, organization or entity,
but does not include a State or agency thereof; and
‘‘(3) ‘personal information’ means information that identifies
an individual, including an individual’s photograph, social secu-
rity number, driver identification number, name, address (but
not the 5-digit zip code), telephone number, and medical or
disability information, but does not include information on
vehicular accidents, driving violations, and driver’s status.’’.
(b) CLERICAL AMENDMENT.—The table of parts at the beginning
of part I of title 18, United States Code, is amended by adding
at the end the following new item:
‘‘123. Prohibition on release and use of certain personal information from
State motor vehicle records ..................................................................... 2271’’
SEC. 300003. EFFECTIVE DATE.
The amendments made by section 300002 shall become effective
on the date that is 3 years after the date of enactment of this
Act. After the effective date, if a State has implemented a procedure
under section 2721(b) (11) and (12) of title 18, United States Code,
as added by section 2902, for prohibiting disclosures or uses of
personal information, and the procedure otherwise meets the
requirements of subsection (b) (11) and (12), the State shall be
in compliance with subsection (b) (11) and (12) even if the procedure
is not available to individuals until they renew their license, title,
registration or identification card, so long as the State provides
some other procedure for individuals to contact the State on their
own initiative to prohibit such uses or disclosures. Prior to the
effective date, personal information covered by the amendment
made by section 300002 may be released consistent with State
law or practice.
TITLE XXXI—VIOLENT CRIME
REDUCTION TRUST FUND
SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) VIOLENT CRIME REDUCTION TRUST FUND.—There is estab-
lished a separate account in the Treasury, known as the ‘‘Violent
Crime Reduction Trust Fund’’ (referred to in this section as the
‘‘Fund’’) into which shall be transferred, in accordance with sub-
section (b), savings realized from implementation of section 5 of
the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 3101
note; Public Law 103–226).
H. R. 3355—308
(b) TRANSFERS INTO THE FUND.—On the first day of the follow-
ing fiscal years (or as soon thereafter as possible for fiscal year
1995), the following amounts shall be transferred from the general
fund to the Fund—
(1) for fiscal year 1995, $2,423,000,000;
(2) for fiscal year 1996, $4,287,000,000;
(3) for fiscal year 1997, $5,000,000,000;
(4) for fiscal year 1998, $5,500,000,000;
(5) for fiscal year 1999, $6,500,000,000; and
(6) for fiscal year 2000, $6,500,000,000.
(c) APPROPRIATIONS FROM THE FUND.—(1) Amounts in the Fund
may be appropriated exclusively for the purposes authorized in
this Act and for those expenses authorized by any Act enacted
before this Act that are expressly qualified for expenditure from
the Fund.
(2) Amounts appropriated under paragraph (1) and outlays
flowing from such appropriations shall not be taken into account
for purposes of any budget enforcement procedures under the Bal-
anced Budget and Emergency Deficit Control Act of 1985 except
section 251A of that Act as added by subsection (g), or for purposes
of section 605(b) of the Congressional Budget Act of 1974. Amounts
of new budget authority and outlays under paragraph (1) that
are included in concurrent resolutions on the budget shall not
be taken into account for purposes of sections 601(b), 606(b), and
606(c) of the Congressional Budget Act of 1974, or for purposes
of section 24 of House Concurrent Resolution 218 (One Hundred
Third Congress).
(d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS.—
Section 1321(a) of title 31, United States Code, is amended by
inserting at the end the following new paragraph:
‘‘(91) Violent Crime Reduction Trust Fund.’’.
(e) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY
ON THE STATUS OF THE TRUST FUND.—Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following
new paragraphs:
‘‘(30) information about the Violent Crime Reduction Trust
Fund, including a separate statement of amounts in that Trust
Fund.
‘‘(31) an analysis displaying, by agency, proposed reductions
in full-time equivalent positions compared to the current year’s
level in order to comply with section 5 of the Federal Workforce
Restructuring Act of 1994.’’.
(f) ALLOCATION
AND SUBALLOCATION
OF AMOUNTS
IN
THE
FUND.—
(1) IN
GENERAL.—Section 602(a) of the Congressional
Budget Act of 1974 is amended—
(A) in paragraph (1)(A) by striking ‘‘and’’ at the end
of clause (ii), by striking the semicolon and inserting a
comma at the end of clause (iii), and by adding after
clause (iii) the following:
‘‘(iv) new budget authority from the Violent Crime
Reduction Trust Fund, and
‘‘(v) outlays from the Violent Crime Reduction
Trust Fund;’’;
(B) in paragraph (2) by striking ‘‘and’’ at the end of
subparagraph (B) and by adding after subparagraph (C)
the following: