
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC669a]

 
                 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
        

(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 agency

    A State child support enforcement agency which obtains a financial 
record of an individual from a financial institution pursuant to 
subsection (a) of this section 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) of 
    this section, 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) of this section.

                             (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 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.

                        (2) Financial record

        The term ``financial record'' has the meaning given such term in 
    section 3401 of title 12.

(Aug. 14, 1935, ch. 531, title IV, Sec. 469A, as added Pub. L. 104-193, 
title III, Sec. 353, Aug. 22, 1996, 110 Stat. 2240; amended Pub. L. 105-
200, title IV, Sec. 406(c), July 16, 1998, 112 Stat. 672.)


                               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 Date

    For 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.

                  Section Referred to in Other Sections

    This section is referred to in section 666 of this title.
