Page:United States Statutes at Large Volume 114 Part 2.djvu/498

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114 STAT. 1356A-24 PUBLIC LAW 106-346—APPENDIX record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 309. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. (b) 18 U.S.C. 2725 is amended by: In paragraph (2) striking the word "and"; and inserting after paragraph 3: "(4) 'highly restricted personal information' means an individual's photograph or image, social security number, medical or disability information; and "(5) 'express consent' means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106-229.". (c) 18 U.S.C. 2721(a) is amended to read as follows: "(a) IN GENERAL.—A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity: "(1) personal information, as defined in 18 U.S.C. 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or "(2) highly restricted personal information, as defined in 18 U.S.C. 2725(4), about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That subsection (a)(2) shall not in any way affect the use of organ donation information on an individual's driver's license or affect the administration of organ donation initiatives in the States.". (d) 18 U.S.C. 2721(b) is amended by inserting before "may be disclosed" ", subject to subsection (a)(2),". (e) 18 U.S.C. 2721 is amended by inserting after subsection (d): "(e) PROHIBITION ON CONDITIONS.—No State may condition or burden in any way the issuance of an individual's motor vehicle record as defined in 18 U.S.C. 2725(1) to obtain express consent. Nothing in this paragraph shall be construed to prohibit a State from charging an administrative fee for issuance of a motor vehicle record.". (f) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. SEC. 310. (a) For fiscal year 2001, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and paragraph (7) of this section, for the highway use tax evasion program, and amounts provided under section 110 of title 23,