§ 669a. Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 title III § 353 · 110 Stat. 2105

   Enacted · 42 U.S.C. § 669a

   Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 469A, as added Pub. L. 104–193, title III, § 353, Aug. 22, 1996, 110 Stat. 2240

   Enacted provision · exact public law section
   SEC. 353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES. Part D of title IV (42 U.S.C. 651–669) is amended by adding at the end the following: “SEC. 469A. 44 USC 649s. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES. “(a) In General.— Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforce-ment agency attempting to establish, modify, or enforce a child support obligation of such individual. “(b) Prohibition of Disclosure of Financial Record Obtained by State Child Support Enforcement Agency.— A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual. “(c) Civil Damages for Unauthorized Disclosure.— “(1) Disclosure by state officer or employee.— If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b), such individual may bring a civil action for damages against such person in a district court of the United States. “(2) No liability for good faith but erroneous interpretation.— No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). “(3) Damages.— In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of— “(A) the greater of— “(i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or “(ii) the sum of— “(I) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus “(II) in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus “(B) the costs (including attorney’s fees) of the action. “(d) Definitions.— For purposes of this section— “(1) Financial institution.— The term ‘financial institution’ means— “(A) a depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); “(B) an institution-affiliated party, as defined in section 3(u) of such Act (12 U.S.C. 1813(u)); “(C) any Federal credit union or State credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of such Act (12 U.S.C. 1786(r)); and “(D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State. “(2) Financial record.— The term ‘financial record’ has the meaning given such term in section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).”.

2. 1998

   An Act to repeal the Medicare and Medicaid Coverage Data Bank

   Pub. L. 105–200 title IV § 406(c) · 112 Stat. 645

   Inserted · 42 U.S.C. § 669a(a)

   Pub. L. 105–200 inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title” before period at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–200 inserted “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title” before period at end.

   Enacted provision · exact public law section
   (c) Protection Against Liability.— Section 469A(a) of such Act (42 U.S.C. 669a(a)) is amended by inserting “, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 466(a)(17)(A)” before the period.

2 of 2 references resolved to an enrolled provision