S.Amdt. 2728
What it does: Rewrites page 192, line 19 through page 193, line 22
Sen. Richard Blumenthal (D-CT)What it changes
1 change to S. 3414
Rewrites page 192, line 19 through page 193, line 22
ReplacesPrinted pageRemoves page 192, line 19 through page 193, line 22 of the printed bill. See that page
Inserted: (i) the actual damages sustained by the person as a result of the violation or $50,000, whichever is greater; and
Inserted: (ii) the costs of the action together with reasonable attorney fees as determined by the court.
Inserted: (B) Venue.--An action to enforce liability created under this subsection may be brought in the district court of the United States in--
Inserted: (i) the district in which the complainant resides;
Inserted: (ii) the district in which the principal place of business of the complainant is located;
Inserted: (iii) the district in which the Federal entity that disclosed the information is located; or
Inserted: (iv) the District of Columbia.
Inserted: (C) Statute of limitations.--No action shall lie under this subsection unless such action is commenced not later than 2 years after the date of the violation that is the basis for the action.
Inserted: (h) Criminal Penalties.--A person who knowingly violates a provision of this title shall be--
Inserted: (1) for each such violation, fined not more than $50,000, imprisoned for not more than 1 year, or both;
Inserted: (2) for each such violation committed under false pretenses, fined not more than $100,000, imprisoned for not more than 5 years, or both; and
Inserted: (3) for each such violation committed for commercial advantage, personal gain, or malicious harm, fined not more than $250,000, imprisoned for not more than 10 years, or both.
Original wording
Beginning on page 192, strike line 19, and all that follows through page 193, line 22, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2728. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:
Beginning on page 192, strike line 19, and all that follows through page 193, line 22, and insert the following:
(i) the actual damages sustained by the person as a result of the violation or $50,000, whichever is greater; and
(ii) the costs of the action together with reasonable attorney fees as determined by the court.
(B) Venue.--An action to enforce liability created under this subsection may be brought in the district court of the United States in--
(i) the district in which the complainant resides;
(ii) the district in which the principal place of business of the complainant is located;
(iii) the district in which the Federal entity that disclosed the information is located; or
(iv) the District of Columbia.
(C) Statute of limitations.--No action shall lie under this subsection unless such action is commenced not later than 2 years after the date of the violation that is the basis for the action.
(h) Criminal Penalties.--A person who knowingly violates a provision of this title shall be--
(1) for each such violation, fined not more than $50,000, imprisoned for not more than 1 year, or both;
(2) for each such violation committed under false pretenses, fined not more than $100,000, imprisoned for not more than 5 years, or both; and
(3) for each such violation committed for commercial advantage, personal gain, or malicious harm, fined not more than $250,000, imprisoned for not more than 10 years, or both.
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Senate amendment submitted
July 31, 2012