and Exchange Commission, may pre-
scribe regulations clarifying or de-
scribing the types of institutions
which shall be treated as financial in-
stitutions for purposes of this title.
‘‘§ 1003. Privacy protection for customer information
of financial institutions
‘‘(a) PROHIBITION ON OBTAINING CUSTOMER
INFORMATION BY FALSE PRETENSES.—It shall be
a violation of this title for any person to ob-
tain or attempt to obtain, or cause to be dis-
closed or attempt to cause to be disclosed to
any person, customer information of a finan-
cial institution relating to another person—
‘‘(1) by making a false, fictitious, or
fraudulent statement or representation
to an officer, employee, or agent of a fi-
nancial institution;
‘‘(2) by making a false, fictitious, or
fraudulent statement or representation
to a customer of a financial institution; or
‘‘(3) by providing any document to an
officer, employee, or agent of a financial
institution, knowing that the document is
forged, counterfeit, lost, or stolen, was
fraudulently obtained, or contains a false,
fictitious, or fraudulent statement or rep-
resentation.
‘‘(b) PROHIBITION
ON SOLICITATION
OF
A
PERSON TO OBTAIN CUSTOMER INFORMATION
FROM
FINANCIAL
INSTITUTION
UNDER
FALSE
PRETENSES.—It shall be a violation of this title
to request a person to obtain customer infor-
mation of a financial institution, knowing
that the person will obtain, or attempt to ob-
tain, the information from the institution in
any manner described in subsection (a).
‘‘(c) NONAPPLICABILITY
TO LAW ENFORCE-
MENT AGENCIES.—No provision of this section
shall be construed so as to prevent any action
by a law enforcement agency, or any officer,
employee, or agent of such agency, to obtain
customer information of a financial institu-
tion in connection with the performance of
the official duties of the agency.
‘‘(d) NONAPPLICABILITY TO FINANCIAL INSTI-
TUTIONS IN CERTAIN CASES.—No provision of
this section shall be construed so as to pre-
vent any financial institution, or any officer,
employee, or agent of a financial institution,
from obtaining customer information of such
financial institution in the course of—
‘‘(1) testing the security procedures or
systems of such institution for maintain-
ing the confidentiality of customer infor-
mation;
‘‘(2) investigating allegations of mis-
conduct or negligence on the part of any
officer, employee, or agent of the finan-
cial institution; or
‘‘(3) recovering customer information
of the financial institution which was ob-
tained or received by another person in
any manner described in subsection (a)
or (b).
‘‘(e) NONAPPLICABILITY TO INSURANCE INSTI-
TUTIONS
FOR
INVESTIGATION
OF
INSURANCE
FRAUD.—No provision of this section shall be
construed so as to prevent any insurance in-
stitution, or any officer, employee, or agency
of an insurance institution, from obtaining in-
formation as part of an insurance investiga-
tion into criminal activity, fraud, material
misrepresentation, or material nondisclosure
that is authorized for such institution under
State law, regulation, interpretation, or order.
‘‘(f) NONAPPLICABILITY
TO CERTAIN TYPES
OF CUSTOMER INFORMATION OF FINANCIAL INSTI-
TUTIONS.—No provision of this section shall be
construed so as to prevent any person from
obtaining customer information of a financial
institution that otherwise is available as a
public record filed pursuant to the securities
laws (as defined in section 3(a)(47) of the Se-
curities Exchange Act of 1934).
‘‘§ 1004. Administrative enforcement
‘‘(a) ENFORCEMENT BY FEDERAL TRADE COM-
MISSION.—Except as provided in subsection
(b), compliance with this title shall be en-
forced by the Federal Trade Commission in
the same manner and with the same power
and authority as the Commission has under
the title VIII, the Fair Debt Collection Prac-
tices Act, to enforce compliance with such
title.
‘‘(b) ENFORCEMENT BY OTHER AGENCIES IN
CERTAIN CASES.—
‘‘(1) IN
GENERAL.—Compliance with
this title shall be enforced under—
‘‘(A) section 8 of the Federal De-
posit Insurance Act, in the case of—
‘‘(i) national banks, and Fed-
eral branches and Federal agen-
cies of foreign banks, by the Of-
fice of the Comptroller of the Cur-
rency;
‘‘(ii) member banks of the Fed-
eral Reserve System (other than
national banks), branches and
agencies of foreign banks (other
than Federal branches, Federal
agencies, 
and 
insured 
State
branches of foreign banks), com-
mercial lending companies owned
or controlled by foreign banks,
and 
organizations 
operating
under section 25 or 25A of the
Federal 
Reserve 
Act, 
by 
the
Board;
‘‘(iii) banks insured by the
Federal Deposit Insurance Cor-
poration (other than members of
the Federal Reserve System and
national nonmember banks) and