# § 17939. Improved enforcement
**(a)** **In general**
**(1)** **Omitted**
**2** **Enforcement under Social Security Act** [^1][^2]42 U.S.C. 1320d–5
Any violation by a covered entity under thus subchapter is subject to enforcement and penalties under section 1176 and 1177 of the Social Security Act [, 1320d–6].
So in original. Probably should be “this”.
So in original. Probably should be “sections”.
**(b)** **Effective date; regulations**
**(1)** The amendments made by subsection (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 of Health and Human Services shall promulgate regulations to implement such amendments.
**(c)** **Distribution of certain civil monetary penalties collected**
**(1)** **In general** 42 U.S.C. 1320d–5February 17, 2009
Subject to the regulation promulgated pursuant to paragraph (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 () insofar as such section relates to privacy or security 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 of title 45, Code of Federal Regulations, as such provisions are in effect as of .
**(2)** **GAO report** February 17, 2009
Not later than 18 months after , the Comptroller General shall submit to the Secretary 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) 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** February 17, 2009
Not later than 3 years after , the Secretary shall establish by regulation and based on the recommendations submitted under paragraph (2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (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) 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** February 17, 2009
The amendments made by this subsection shall apply to violations occurring after .
**(e)** **Enforcement through State attorneys general**
**(1)** **, (2) Omitted**
**(3)** **Effective date** February 17, 2009
The amendments made by this subsection shall apply to violations occurring after .
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**Source Credit**: (Pub. L. 111–5, div. A, title XIII, § 13410, Feb. 17, 2009, 123 Stat. 271.)
## 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 , , , 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 . Subsecs. (a)(1), (d)(1)–(3), (e)(1), (2), and (f) of amended .
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective 12 months after , except as otherwise specifically provided, see , set out as a note under .