Cite as: 540 U. S. 614 (2004)
Ginsburg, J., dissenting
neous transmissions of the same record" by facsimile constituted one "act," entitling the plaintiff to a single recovery of $1,000 in damages (internal quotation marks omitted)).
The text of § 552a(g)(4), it is undisputed, accommodates two concerns. Congress sought to give the Privacy Act teeth by deterring violations and providing remedies when violations occur. At the same time, Congress did not want to saddle the Government with disproportionate liability. The Senate bill advanced the former concern; the House bill was more cost conscious. The House bill, as reported by the Committee on Government Operations and passed by the House, provided:
"In any suit brought under the provisions of subsection (g)(1)(B) or (C) of this section in which the court determines that the agency acted in a manner which was willful, arbitrary, or capricious, the United States shall be liable to the individual in an amount equal to the sum of—
"(A) actual damages sustained by the individual as a result of the refusal or failure; and
"(B) the costs of the action together with reasonable attorney fees as determined by the court." H. R. 16373, 93d Cong., 2d Sess., § 552a(g)(3) (1974), reprinted in Legislative History of the Privacy Act of 1974: Source Book on Privacy, p. 288 (Joint Comm. Print compiled for the Senate and House Committees on Government Operations) (hereinafter Source Book).
The Senate bill, as amended and passed, provided:
"The United States shall be liable for the actions or omissions of any officer or employee of the Government who violates the provisions of this Act, or any rule, regulation, or order issued thereunder in the same manner and to the same extent as a private individual under like circumstances to any person aggrieved thereby in an amount equal to the sum of—
637
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