Page:United States Statutes at Large Volume 92 Part 3.djvu/1077

 PUBLIC LAW 95-630—NOV. 10, 1978

92 STAT. 3709

(3) such punitive damages as the court may allow, where the violation is found to have been willful or intentional; and (4) in the case of any successful action to enforce liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Whenever the court determines that any agency or department of the United States has violated any provision of this title and the court finds that the circumstances surrounding the violation raise questions of whether an officer or employee of the department or agency acted willfully or intentionally with respect to the violation, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the agent or employee who was primarily responsible for the violation. The Commission after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Commission recommends. (c) Any financial institution or agent or employee thereof making Liability, a disclosure of financial records pursuant to this title in good-faith reliance upon a certificate by any Government authority shall not be liable to the customer for such disclosure. (d) The remedies and sanctions described in this title shall be the only authorized judicial remedies and sanctions for violations of this title. I N J U N C T IV E RELIEF

SEC. 1118. In addition to any other remedy contained in this title, 12 USC 3418. injunctive relief shall be available to require that the procedures of this title are complied with. In the event of any successful action, costs together with reasonable attorney's fees as determined by the court may be recovered. SUSPENSION o r STATUTES OF LIMITATIONS

SEC. 1119. If any individual files a motion or application under this 12 USC 3419. title which has the effect of delaying the access of a Government authority to financial records pertaining to such individual, any applicable statute of limitations shall be deemed to be tolled for the period extending from the date such motion or application was filed until the date upon which the motion or application is decided. GRAND J U R Y INFORMATION

SEC. 1120. Financial records about a customer obtained;from a 12 USC 3420. financial institution pursuant to a subpena issued under the authority of a Federal grand jury— (1) shall be returned and actually presented to the grand jury; (2) shall be used only for the purpose of considering whether to issue an indictment or presentment by that grand jury, or of prosecuting a crime for which that indictment or presentment is issued, or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal Procedure; 18 USC app. (3) shall be destroyed or returned to the financial institution if not used for one of the purposes specified in paragraph (2); and (4) shall not be maintained, or a description of the contents of such records shall not be maintained by any Government authority



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