Pub. Law 91-508 84 STAT. 1134 38 Stat. 717; 52 Stat. 114. 15 USC 58. "§ 616. Civil liability for willful noncompliance "Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of— “(1) any actual damages sustained by the consumer as a result of the failure; "(2) such amount of punitive damages as the court may allow; and 66 (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. "§ 617. Civil liability for negligent noncompliance "Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of "(1) any actual damages sustained by the consumer as a result of the failure; "(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. "§ 618. Jurisdiction of courts; limitation of actions "An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. "§ 619. Obtaining information under false pretenses "Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5,000 or imprisoned not more than one year, or both. "§ 620. Unauthorized disclosures by officers or employees "Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $5,000 or imprisoned not more than one year, or both. "§ 621. Administrative enforcement "(a) Compliance with the requirements imposed under this title shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission with respect to consumer reporting agencies and all other persons subject thereto, except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other government agency under subsection (b) hereof. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed October 26, 1970 - 21 Pub. Law 91-508 84 STAT. 1135 under this title shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act and shall be subject to enforcement by 66 Stat. 632. the Federal Trade Commission under section 5(b) thereof with 15 USC 45. respect to any consumer reporting agency or person subject to 52 Stat. 112. enforcement by the Federal Trade Commission pursuant to this subsection, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. The Federal Trade Commission shall have such procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements imposed under this title and to require the filing of reports, the production of documents, and the appearance of witnesses as though the applicable terms and conditions of the Federal Trade Commission Act were part of this title. Any person violating any of the provisions of this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and provisions thereof were part of this title. "(b) Compliance with the requirements imposed under this title with respect to consumer reporting agencies and persons who use consumer reports from such agencies shall be enforced under"(1) section 8 of the Federal Deposit Insurance Act, in the case of: 64 Stat. 879; 80 Stat. 1046, 1054. "(A) national banks, by the Comptroller of the Currency; "(B) member banks of the Federal Reserve System (other 12 USC 1818. than national banks), by the Federal Reserve Board; and "(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation. "(2) section 5(d) of the Home Owners Loan Act of 1933, 80 Stat. 1028. section 407 of the National Housing Act, and sections 6(i) and 17 12 USC 1464. of the Federal Home Loan Bank Act, by the Federal Home Loan 80 Stat. 1036. Bank Board (acting directly or through the Federal Savings and 12 USC 1730. Loan Insurance Corporation), in the case of any institution sub- 47 Stat. 7273 ject to any of those provisions; 69 Stat. 640. 12 USC 1426, 1437. "(3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any 73 Stat. 628; Federal credit union; Ante, pp. 49, "(4) the Acts to regulate commerce, by the Interstate Com- 994. merce Commission with respect to any common carrier subject 12 USC 1751. to those Acts; 49 USC 1 "(5) the Federal Aviation Act of 1958, by the Civil Aeronautics et seq. Board with respect to any air carrier or foreign air carrier subject 72 Stat. 731. to that Act; and "(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act. "(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law. 49 USC 1301 note. 42 Stat. 159. 7 USC 181, 226, 227. Pub. Law 91-508 84 STAT, 1136 82 Stat. 167. "§ 622. Relation to State laws "This title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency." EFFECTIVE DATE SEC. 602. Section 504 of the Consumer Credit Protection Act is amended by adding at the end thereof the following new subsection: "(d) Title VI takes effect upon the expiration of one hundred and eighty days following the date of its enactment." Approved October 26, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-975 (Comm. on Banking and Currency) and SENATE REPORT No. 91-1139 aco ompanying S. 3678 (Comm. on Banking CONGRESSIONAL RECORD, Vol. 116 (1970): May 25, considered and passed House. Sept. 18, considered and passed Senate, amended. Oct. 13, House agreed to conference report. Sec. CHAPTER 31-RECORDS MANAGEMENT BY FEDERAL AGENCIES 3101. Records management by agency heads; general duties. 3102. Establishment of program of management. 3103. Storage, processing, and servicing of records. 3104. Certifications and determinations on transferred records. 3105. Safeguards. 3106. Unlawful removal, destruction of records. 3107. Authority of Comptroller General. Cross References Definitions applicable to provisions of Federal Property and Administrative Services Act of 1949, see section 472 of Title 40, Public Buildings, Property, and Works. Definitions used in provisions respecting records management by Administrator of General Services to have same meaning when used in this chapter, see scction 2001 of this title. Exemptions from provisions of this chapter, see section 474 of Title 40, Public Buildings, Property, and Works. Federal agency management program to provide for compliance with this chapter and regulations issued thereunder, see section 3102 of this title. Federal Records Council, consultation of Administrator of General Services with Council with view of obtaining advice and assistance in carrying out the purposes of this chapter, see section 2701 of this title. Final authority of Administrator in records practices under this chapter, see section 2910 of this title. Legal status of reproductions made under regulations to carry out this chapter, see section 2112 of this title. Reports from Federal agencies on their activities under this chapter, authority of Administrator of General Services to obtain; correction of violations, see section 2111 of this title. § 3101. Records management by agency heads; general duties The head of each Federal agency shall make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency's activities. Pub.L. 90–620, Oct. 22, 1968, 82 Stat. 1297. Historical and Revision Notes Reviser's Note. Based on 44 U.S.Code, 1964 ed., § 396 (a) (June 30, 1949, ch. 288, title V, § 506(a), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Legislative History. For legislative history and purpose of Pub. L. 90-620, see 1968 U.S.Code Cong. and Adm.News, p. 4438. 37-583 74 - pt. 2 - 15 Ch. 31 § 3102. RECORDS MANAGEMENT 44 § 3104 Establishment of program of management The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for (1) effective controls over the creation, maintenance, and use of records in the conduct of current business; (2) cooperation with the Administrator of General Services in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and (3) compliance with sections 2101-2113, 2501-2507, 2701, 2901, 2903-2909, and 3101-3107, of this title and the regulations issued under them. Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1298. Reviser's Note. Historical and Revision Notes Based on 44 U.S.Code, 1964 ed., § 396 (b) (June 30, 1949, ch. 288, title V, 506(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 383). § 3103. Legislative History. For legislative history and purpose of Pub. L. 90-620, see 1968 U.S.Code Cong. and Adm.News, p. 4438. Storage, processing, and servicing of records When the head of a Federal agency determines that it may effect substantial economies or increased operating efficiency, he shall provide for appropriate storage, processing, and servicing of records in a records center maintained and operated by the Administrator of General Services or, when approved by him, in a center maintained and operated by the head of the Federal agency. Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298. Historical and Revision Notes Reviser's Note. Based on 44 U.S.Code, 1964, ed., § 396 (c) (June 30, 1949, ch. 288, title V, 506(c), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Legislative History. For history and purpose of Pub. L. 90 620, see 1968 U.S.Code Cong. and Adm. News, p. 4438. legislative § 3104. Certifications and determinations on transferred records An official of the Government who is authorized to certify to facts on the basis of records in his custody, may certify to facts |