Chapter 5A. Data Match Requirements for Financial Institution.
§ 26–531. Definitions.
For purposes of this chapter, the term:
(1) “Account” means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.
(2) “Financial institution” means the institution as defined in section 469A(d)(1) of the Social Security Act, approved August 22, 1996 (110 Stat. 2105; 42 U.S.C. § 669A(d)(1)).
(3) “IV-D agency” means the organizational unit of the District government, or any successor organizational unit, that is responsible for administering or supervising the administration of the District’s State Plan under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.
§ 26–532. Obligations of financial institutions; fees; liability; penalties.
(a) A financial institution doing business in the District shall:
(1) Upon the request of the IV-D agency, enter into agreements with the IV-D agency to develop and operate a data-match system in which the financial institution is required to provide for each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information (including account number) for each noncustodial parent who maintains an account at the institution, individually or jointly, and who owes past-due child or spousal support that is enforced by the IV-D agency, as identified by the Mayor by name and social security number or other taxpayer identification number; and
(2) Encumber or surrender assets held by the institution on behalf of a noncustodial parent who is subject to a lien pursuant to § 46-224 in response to a notice of lien or levy from the Superior Court or the IV-D agency.
(b) The IV-D agency may pay a reasonable fee to a financial institution for conducting the data match provided for in subsection (a) of this section, not to exceed the actual costs incurred by the financial institution.
(c) A financial institution shall not be liable under any District law for:
(1) Any disclosure of information to the IV-D agency under subsection (a) of this section;
(2) Encumbering or surrendering, in response to a notice of lien or levy issued by the IV-D agency, any assets it holds; or
(3) Any other action taken in good faith to comply with subsection (a) of this section.
(d) A financial institution that intentionally fails to comply with subsection (a) of this section shall be subject to a penalty of $5,000 for each failure to conduct a data match with data that the IV-D agency submits or attempts to submit to the financial institution. For purposes of this subsection, a single data submission may include data concerning multiple obligors. Penalties pursuant to this subsection shall be enforced in the Superior Court by the Corporation Counsel of the District of Columbia.
§ 26–533. Liability of IV-D agency.
The IV-D agency shall disclose a person’s financial records obtained from a financial institution only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a support obligation of that person. Unauthorized disclosure may result in the awarding of civil damages pursuant to section 469A(c) of the Social Security Act, approved August 22, 1996 (110 Stat. 2105; 42 U.S.C. § 659A(c) ).
