Page:United States Statutes at Large Volume 92 Part 3.djvu/1076

 92 STAT. 3708

PUBLIC LAW 95-630—NOV. 10, 1978

Disclosure, prohibition.

(3) No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that a Government authority described in paragraph (1) has sought or obtained access to a customer's financial records. (4) The Government authority specified in paragraph (1) shall compile an annual tabulation of the occasions in which this section was used. Obtaining (b)(1) Nothing in this title shall prohibit a Government authority financial records. from obtaining miancial records from a financial institution if the Government authority determines that delay in obtaining access to such records would create imminent danger of— ^A) physical injury to any person; (B) serious property damage; or (C) flight to avoid prosecution. (2) In the instances specified in paragraph (1), the Government shall submit to the financial institution of the certificate required in section 1103(b) signed by a supervisory official of a rank designated by the head of the Government authority. (3) Within five days of obtaining access to financial records under this subsection, the Government authority shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the Government authority setting forth the grounds for the emergency access. The Government authority shall thereafter comply with the notice provisions of section 1109(c). Annual (4) The Government authority specified in paragraph (1) shall tabulation. compile an annual tabulation of the occasions in which this section was used. COST REIMBURSEMENT

12 USC 3415.

Regulation. Effective date.

SEC. 1115. (a) Except for records obtained pursuant to section 1103(d) or 1113 (a) through (h), or as otherwise provided by law, a Government authority shall pay to the financial institution assembling or providing financial records pertaining to a customer and in accordance with procedures established by this title a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers. records, or other data required or requested to be produced. The Board of Governors of the Federal Reserve System shall, by regulation, establish the rates and conditions under which such payment may be made. (b) This section shall take effect on October 1, 1979. JURISDICTION

12 USC 3416.

SEC. 1116. An action to enforce any provision of this title may be brought in any appropriate United States district court without regard to the amount in controversy within three years from the date on which the violation occurs or the date of discovery of such violation, whichever is later. CIVIL PENALTIES

12 USC 3417.

SEC. 1117. (a) Any agency or department of the United States or financial institution obtaining or disclosing financial records or information contained therein in violation of this title is liable to the customer to whom such records relate in an amount equal to the sum of— (1^ $100 without regard to the volume of records involved; (2) any actual damages sustained by the customer as a result of the disclosure;

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