Sec. 353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES
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## 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 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. > > > ### “(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).” > . ## Subtitle G Enforcement of Support Orders
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- 42 USC 651–669
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Sec. 353
NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING FINANCIAL RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES
Cite42 USC 651–669
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