Familia Eudemonista:

SEC. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS.

Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to read as follows:

‘‘(10) REVIEW AND ADJUSTMENT OF SUPPORT ORDERS UPON REQUEST.—

‘‘(A) 3-YEAR CYCLE.—

‘‘(i) IN GENERAL.—Procedures under which every

3 years (or such shorter cycle as the State may deter- mine), upon the request of either parent, or, if there is an assignment under part A, upon the request of the State agency under the State plan or of either parent, the State shall with respect to a support order being enforced under this part, taking into account the best interests of the child involved—

‘‘(I) review and, if appropriate, adjust the order in accordance with the guidelines established pursuant to section 467(a) if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines;

‘‘(II) apply a cost-of-living adjustment to the order in accordance with a formula developed by the State; or

‘‘(III) use automated methods (including auto- mated comparisons with wage or State income tax data) to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment under any threshold that may be established by the State.

‘‘(ii) OPPORTUNITY TO REQUEST REVIEW OF ADJUST- MENT.—If the State elects to conduct the review under

subclause (II) or (III) of clause (i), procedures which permit either party to contest the adjustment, within 30 days after the date of the notice of the adjustment, by making a request for review and, if appropriate, adjustment of the order in accordance with the child support guidelines established pursuant to section 467(a).

‘‘(iii) NO PROOF OF CHANGE IN CIRCUMSTANCES NECESSARY IN 3-YEAR CYCLE REVIEW.—Procedures

which provide that any adjustment under clause (i) shall be made without a requirement for proof or show- ing of a change in circumstances.

‘‘(B) PROOF OF SUBSTANTIAL CHANGE IN CIRCUMSTANCES NECESSARY IN REQUEST FOR REVIEW OUTSIDE 3-YEAR CYCLE.—Procedures under which, in the case of a request

for a review, and if appropriate, an adjustment outside the 3-year cycle (or such shorter cycle as the State may determine) under clause (i), the State shall review and, if the requesting party demonstrates a substantial change in circumstances, adjust the order in accordance with the guidelines established pursuant to section 467(a).

‘‘(C) NOTICE OF RIGHT TO REVIEW.—Procedures which

require the State to provide notice not less than once every 3 years to the parents subject to the order informing the parents of their right to request the State to review and, if appropriate, adjust the order pursuant to this para- graph. The notice may be included in the order.’’.

SEC. 352. FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES RELATING TO CHILD SUPPORT.

Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following new paragraphs: ‘‘(4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that—

‘‘(A) the consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or determining the appropriate level of such pay- ments;

‘‘(B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);

‘‘(C) the person has provided at least 10 days’ prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and

‘‘(D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, adminis- trative, or criminal proceeding, or for any other purpose.

‘‘(5) To an agency administering a State plan under section 454 of the Social Security Act (42 U.S.C. 654) for use to set an initial or modified child support award.’’.

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 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 pur- pose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.

‘‘(c) CIVILDAMAGES FORUNAUTHORIZEDDISCLOSURE.—

‘‘(1) DISCLOSURE BY STATE OFFICER OR EMPLOYEE.—If any

person knowingly, or by reason of negligence, discloses a finan- cial 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 defend- ant is found liable; or

‘‘(ii) the sum of—

‘‘(I) the actual damages sustained by the plaintiff as a result of such unauthorized disclo- sure; 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 institu-

tion’ 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