Page:United States Statutes at Large Volume 113 Part 2.djvu/429

This page needs to be proofread.

PUBLIC LAW 106-102—NOV. 12, 1999 113 STAT. 1449 Administration, the Securities and Exchange Commission, appropriate Federal law enforcement agencies, and appropriate State insurance regulators, shall submit to the Congress a report on the following: (1) The efficacy and adequacy of the remedies provided in this subtitle in addressing attempts to obtain financial information by fraudulent means or by false pretenses. (2) Any recommendations for additional legislative or regulatory action to address threats to the privacy of financial information created by attempts to obtain information by fraudulent means or false pretenses. (b) ANNUAL REPORT BY ADMINISTERING AGENCIES.— The Federal Trade Commission and the Attorney General shall submit to Congress an annual report on number and disposition of all enforcement actions taken pursuant to this subtitle. SEC. 527. DEFINITIONS. 15 USC 6827. For purposes of this subtitle, the following definitions shall apply: (1) CUSTOMER. —The term "customer" means, with respect to a financial institution, any person (or authorized representative of a person) to whom the financial institution provides a product or service, including that of acting as a fiduciary. (2) CUSTOMER INFORMATION OF A FINANCIAL INSTITUTION.— The term "customer information of a financial institution" means any information maintained by or for a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer. (3) DOCUMENT. —The term "document" means any information in any form. (4) FINANCIAL INSTITUTION.— (A) IN GENERAL.— The term "financial institution" means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. (B) CERTAIN FINANCIAL INSTITUTIONS SPECIFICALLY INCLUDED.— The term "financial institution" includes any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Consumer Credit Protection Act). (C) SECURITIES INSTITUTIONS.—For purposes of subparagraph (B)— (i) the terms "broker" and "dealer" have the same meanings as given in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); (ii) the term "investment adviser" has the same meaning as given in section 202(a)(ll) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)); and