2016 US Code
Title 42 - The Public Health and Welfare
Chapter 7 - Social Security
Subchapter IV - Grants to States for Aid and Services to Needy Families With Children and for Child-Welfare Services
Part D - Child Support and Establishment of Paternity
Sec. 669a - Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases
| 42 U.S.C. § 669a (2016) |
| §669a. Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases |
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(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 enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to section 666(a)(17)(A) of this title. (b) Prohibition of disclosure of financial record obtained by State child support enforcement agencyA 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 employeeIf 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. No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b). 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. For purposes of this section— (1) Financial institutionThe term "financial institution" means— (A) a depository institution, as defined in section 1813(c) of title 12; (B) an institution-affiliated party, as defined in section 1813(u) of title 12; (C) any Federal credit union or State credit union, as defined in section 1752 of title 12, including an institution-affiliated party of such a credit union, as defined in section 1786(r) of title 12; and (D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State. The term "financial record" has the meaning given such term in section 3401 of title 12. |
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(Aug. 14, 1935, ch. 531, title IV, §469A, as added Pub. L. 104–193, title III, §353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105–200, title IV, §406(c), July 16, 1998, 112 Stat. 672.) |
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AMENDMENTS
1998—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. EFFECTIVE DATEFor effective date of section, see section 395(a)–(c) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section 654 of this title. |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES Part D - Child Support and Establishment of Paternity Sec. 669a - Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases |
| section 669a |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 110 Stat. 2240 112 Stat. 672 |
| Public Law 104-193, Public Law 105-200 |
