14 1 stolen property), section 1963 (violations with respect to 2 racketeer influenced and corrupt organizations) or section 3 351 (violations with respect to congressional assassination, 4 kidnaping and assault), appendix, section 1202 (receipt, 5 possession, or transportation of firearms); any offense pun 6 ishable by imprisonment for more than one year under sec 7 tions 2274 through 2277 of title 42, United States Code (re 8 lating to the enforcement of the Atomic Energy Act of 9 1954), or under title 18, United States Code, chapter 37 10 (relating to espionage), chapter 105 (relating to sabotage), 11 chapter 115 (relating to treason), or chapter 102 (relating 12 to riots); a violation of section 186 or section 501 (c) of 13 title 29, United States Code (dealing with restrictions on 14 payments and loans to labor organizations), or any offense 15 which involves murder, kidnaping, robbery, or extortion, 16 and which is punishable under title 18, United States Code; 17 any offense involving counterfeiting punishable under title 18 18, United States Code, sections 471, 472, or 473; any 19 offense involving bankruptcy fraud or the manufacture, im20 portation, receiving, concealment, buying, selling, or other21 wise dealing in narcotic drugs, marihuana, or other dangerous 22 drugs, punishable under any law of the United States; any 23 offense including extortionate credit transactions under title 24 18, United States Code, sections 892, 893, or 894; or any 25 conspiracy to commit any of the foregoing offenses...... 1 15 (d) Within thirty days after the expiration of a delay 2 (or each extension thereof) granted under subsection (b), 3 the judge granting or denying the delay shall report to the 4 Administrative Office of United States Courts 5 6 7 8 9 10 11 12 13 14 (1) the fact that a delay or extension of delay was requested; (2) the offense the investigation of which was the basis for the request for delay; (3) the disposition of the request for delay; (4) the total period of time for which notice had been previously withheld; and (5) the identity of the investigative or law enforcement officer, authority or agency requesting the delay. 15 In April of each year the Director of the Administrative 16 Office of the United States Courts shall transmit to the Con17 gress a full and complete report concerning the number 18. of applications for extension of delay and the number of 19 extensions granted or denied during the preceding calendar 20 year. Such report shall include a summary and analysis of 21 the data required to be filed with the Administrative Office 22 pursuant to this section. The Director of the Administrative 23 Office of the United States Courts is authorized to issue bind24ing regulations dealing with the content and form of the 25 reports required to be filed by this section. 2 SEC. 8. Whenever a customer or other party has moved 3 to quash a subpoena issued pursuant to sections (5) or (7), 4 the running of the statutes of limitations for the offenses 5 under investigation shall be suspended with respect to such 6 customer or other party until the disposition of the motion 7 by the court. 8 9 ACCESS SEC. 9. Copies of, or the information contained in, finan10 cial, toll, or credit records obtained pursuant to this Act shall 11 not be used or retained in any form for any purpose other 12 than the specific statutory purpose for which the information 13 was originally obtained, nor shall such information or records 14 be provided to any other Government department or agency or other person except where the transfer of such informa16 tion is specifically authorized by statute. 15 SEC. 10. (a) Nothing in this title prohibits the dis 18 19 semination of any financial, toll, or credit information which 20 is not identified with or identifiable as being derived from the 21 financial, toll, or credit records of a particular customer. 22 (b) Subject to the limitations of section 9, nothing in 23 this title prohibits examination by or disclosure of records to any supervisory agency solely in the exercise of its super 24 17 1 visory function or the making of reports or returns required 2 under the Internal Revenue Code of 1954. 4 SEC. 11. A civil action to enforce any provision of this 5 title may be brought in any appropriate United States district 6 court without regard to the amount in controversy within 7 three years of the date of discovery of such violation by 8 the aggrieved customer. 9 10 CIVIL REMEDIES SEC. 12. DAMAGES. - (a) Any person, financial insti11 tution, communication common carrier, credit card issuer, 12 consumer reporting agency, or any officer, employee, or 13 agent of a financial institution, communication common car14 rier, credit card issuer, consumer reporting agency, or of the 15 United States Government or any agency or department 16 thereof who knowingly obtains or discloses one or more finan 17 cial, toll, or credit records in violation of this title is liable to 18 the customer or other party to whom such records relate 19 for 20 21 22 23 24 (1) any actual damages sustained by the customer as a result of the disclosure, (2) such punitive damages as the court may allow, where the violation is found to have been willful, and (3) in the case of any successful action to enforce 1 2 3 4 18 liability under this section, the cost of the action together with reasonable attorney's fees as determined by the court. (b) INJUNCTIVE RELIEF.--In addition to any other 5 remedy contained in this section or otherwise available, 6 injunctive relief shall be available to any person aggrieved 7 by a violation or threatened violation of this Act. In the 8 event of any successful action, costs together with reasonable 9 attorney's fees as determined by the court may be recovered. TITLE II-MAIL COVERS 10 11 12 DEFINITION SECTION 1. A mail cover is the procedure initiated at 13 the request of a law enforcement authority by which a sys14 tematic record or inspection is made of any data appearing 15 on the outside cover of any mail matter, including, but not 16 limited to, the name and address of the sender, the place and 17 date of postmarking, and the class of mail. 18 WHEN PERMITTED 19 SEC. 2. No mail cover shall be initiated 20 21 22 23 24 25 (a) without the written authorization of the chief postal inspector, a regional chief postal inspector, or an inspector in charge of the United States Postal Service, except that if requested by the United States. Attorney General the chief postal inspector. shall authorize a mail cover pursuant to the requirements of this section; and |