---
kind: "section"
citation: "42 U.S.C. § 17939"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17939"
heading: "Improved enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/17939"
units:
  - "Chapter 156 — Health Information Technology"
  - "Subchapter III — Privacy"
  - "Part A — Improved Privacy Provisions and Security Provisions"
---

# §17939. Improved enforcement

- (a) **In general—**
  - (1) **Omitted—**
  - (2) **Enforcement under Social Security Act—** Any [violation](/usc/42/2000e–16a.md?p=c) by a [covered entity](/usc/42/17921.md?p=3) under thus[^1] subchapter is subject to enforcement and penalties under section[^2] 1176 and 1177 of the Social Security Act [[42 U.S.C. 1320d–5](/usc/42/1320d–5.md), 1320d–6].
- (b) **Effective date; regulations—**
  - (1) The amendments made by [subsection (a)](#a) shall apply to penalties imposed on or after the date that is 24 months after February 17, 2009.
  - (2) Not later than 18 months after February 17, 2009, the [Secretary](/usc/42/17921.md?p=13) of Health and Human Services shall promulgate regulations to implement such amendments.
- (c) **Distribution of certain civil monetary penalties collected—**
  - (1) **In general—** Subject to the regulation promulgated pursuant to [paragraph (3)](#c-3), any civil monetary penalty or monetary settlement collected with respect to an offense punishable under this subchapter or section 1176 of the Social Security Act ([42 U.S.C. 1320d–5](/usc/42/1320d–5.md)) insofar as such section relates to privacy or [security](/usc/42/17921.md?p=14) shall be transferred to the Office for Civil Rights of the Department of Health and Human Services to be used for purposes of enforcing the provisions of this subchapter and subparts C and E of part [164](/usc/45/164.md) of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009.
  - (2) **GAO report—** Not later than 18 months after February 17, 2009, the Comptroller General shall submit to the [Secretary](/usc/42/17921.md?p=13) a report including recommendations for a methodology under which an individual who is harmed by an act that constitutes an offense referred to in [paragraph (1)](#c-1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.
  - (3) **Establishment of methodology to distribute percentage of CMPS collected to harmed individuals—** Not later than 3 years after February 17, 2009, the [Secretary](/usc/42/17921.md?p=13) shall establish by regulation and based on the recommendations submitted under [paragraph (2)](#c-2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in [paragraph (1)](#c-1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.
  - (4) **Application of methodology—** The methodology under [paragraph (3)](#c-3) shall be applied with respect to civil monetary penalties or monetary settlements imposed on or after the effective date of the regulation.
- (d) **Tiered increase in amount of civil monetary penalties—**
  - (1) **to (3) Omitted—**
  - (4) **Effective date—** The amendments made by this subsection shall apply to [violations](/usc/42/2000e–16a.md?p=c) occurring after February 17, 2009.
- (e) **Enforcement through State attorneys general—**
  - (1) **, (2) Omitted—**
  - (3) **Effective date—** The amendments made by this subsection shall apply to [violations](/usc/42/2000e–16a.md?p=c) occurring after February 17, 2009.

## Footnotes

[^1]: So in original. Probably should be “this”.
[^2]: So in original. Probably should be “sections”.

## Source credit

(Pub. L. 111–5, div. A, title XIII, § 13410, Feb. 17, 2009, 123 Stat. 271.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsecs. (a)(2) and (c)(1), was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables.

For reference to “the amendments made by subsection (a)” in subsec. (b)(1) and “the amendments made by this subsection” in subsecs. (d)(4) and (e)(3), see Codification note below.

### Codification

Section is comprised of section 13410 of Pub. L. 111–5. Subsecs. (a)(1), (d)(1)–(3), (e)(1), (2), and (f) of section 13410 of Pub. L. 111–5 amended section 1320d–5 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title.