Sec. 469A. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES

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## SEC. 469A NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES **[**[42 U.S.C. 669a](/us/usc/t42/s669a)**]** ###

(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 466(a)(17)(A). ###

(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).

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Sec. 469A

NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES

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