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1 institution, the United States, or any other person violating

2 this title an amount equal to the sum of3

“(1) any actual damages sustained by such person 4 or the sum of $1,000, whichever is greater; and

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“(2) in the event of any successful action to enforce

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liability under this section, the cost of the action together with a reasonable attorney's fee as determined

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by the court.

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“ (c) An action to enforce any liability under this Act may be brought in any appropriate United States district

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court without regard to the amount in controversy, or in

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any other court of competent jurisdiction, within three years 13 from the date on which the liability arises, or the date of 14 discovery of such liability, whichever is longer.

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16 “SEC. 8. (a) Any partner, director, officer, or em17 ployee of a financial institution who willfully participates in a

violation of this title is guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than one year or fined not more than $5,000, or both.

“(b) Any officer, employee, or agent of any depart

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ment or agency of any State or the United States who in

23 duces or attempts to induce a violation of this title is guilty

24 of a misdemeanor and upon conviction shall be imprisoned

83-436 0 - 72 - 2

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1 for not more than one year or fined not more than $5,000,

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or both.

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"REMOVAL AND DISQUALIFICATION FROM OFFICE

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"SEC. 9. (a) Any officer, employee, or agent of a de

5 partment or agency of the United States who is convicted

6 of a violation of this title shall be removed from the civil

7 service.

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“(b) Any person who has been removed from office

9 under section 9 (a) shall be disqualified from holding any

10 office in any department or agency of the United States for a 11 period of five years following his removal.

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"SEC. 10. In addition to any other remedy contained

14 in this chapter or otherwise available, injunctive relief shall 15 be available to any person aggrieved by a violation or threat16 ened violation of this title. In the event of any successful

17 action under this section, the cost of the action together with

18 a reasonable attorney's fee as determined by the court may

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"SEC. 11. No waiver by an account holder of any right

22 hereunder shall be valid, whether oral or written, or with or

23 without consideration.

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“INCONSISTENT PROVISIONS OF LAW

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“SEC. 12. Should any other law of the United States or

3 any other jurisdiction grant or appear to grant power or

4 authority to any person to violate the provisions of this chap

5 ter, the provisions hereof shall supercede and pro tanto over6 ride and annul such law, except those statutes hereinafter 7 enacted which specifically refer to this title.

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"SEC. 13. Should any provision or provisions of this 10 title be declared void by decree of any court, the remaining 11 portions thereof shall remain in force to the extent compati

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14 “SEC. 14. The provisions of this title shall become effec15 tive upon the expiration of one hundred and eighty days fol16 lowing the date of enactment.”

92D CONGRESS

2D SESSION

S. 3828

IN THE SENATE OF THE UNITED STATES

JULY 21, 1972 Mr. MATHIAS (for himself and Mr. Ervin) introduced the following bill; which

was read twice and referred to the Committee on Banking, Housing and Urban Affairs

A BILL To protect the constitutional rights of citizens of the United

States and to prevent unwarranted invasions of privacy by prescribing procedures and standards governing the disclosure of information to government agencies.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SECTION 1. (a) The Congress finds and declares that

(1) procedures and policies governing the relationship between fiduciary institutions and government agencies have in some cases developed without due regard to the constitutional rights of customers of those

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institutions;

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(2) the confidential relationships between fiduciary institutions and their customers must be preserved and

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protected; and

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(3) certain reporting and recordkeeping require

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ments imposed on fiduciary institutions by government agencies constitute a burden on interstate and foreign

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commerce.

8 (b) It is the purpose of this Act to protect and preserve 9 the confidential relationship between fiduciary institutions 10 and their customers and to promote commerce by prescribing 11 policies and procedures applicable to the disclosure of cus12 tomer records by fiduciary institutions.

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DEFINITIONS AND EXEMPTIONS

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SEC. 2. (a) For the purpose of this Act,

a
(1) The term “fiduciary institution" means-

(A) a commercial bank or trust company organized under the laws of any State or of the United States;

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(B) a private bank;
(C) a savings and loan association or a building and

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loan association organized under the laws of any State

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or of the United States;

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(D) an insured institution as defined in section 401

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(E) a savings bank, industrial bank, or other thrift

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