-CITE-

    38 USC Sec. 5701                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART IV - GENERAL ADMINISTRATIVE PROVISIONS

    CHAPTER 57 - RECORDS AND INVESTIGATIONS

    SUBCHAPTER I - RECORDS

-HEAD-

    Sec. 5701. Confidential nature of claims

-STATUTE-

      (a) All files, records, reports, and other papers and documents

    pertaining to any claim under any of the laws administered by the

    Secretary and the names and addresses of present or former members

    of the Armed Forces, and their dependents, in the possession of the

    Department shall be confidential and privileged, and no disclosure

    thereof shall be made except as provided in this section.

      (b) The Secretary shall make disclosure of such files, records,

    reports, and other papers and documents as are described in

    subsection (a) of this section as follows:

        (1) To a claimant or duly authorized agent or representative of

      a claimant as to matters concerning the claimant alone when, in

      the judgment of the Secretary, such disclosure would not be

      injurious to the physical or mental health of the claimant and to

      an independent medical expert or experts for an advisory opinion

      pursuant to section 5109 or 7109 of this title.

        (2) When required by process of a United States court to be

      produced in any suit or proceeding therein pending.

        (3) When required by any department or other agency of the

      United States Government.

        (4) In all proceedings in the nature of an inquest into the

      mental competency of a claimant.

        (5) In any suit or other judicial proceeding when in the

      judgment of the Secretary such disclosure is deemed necessary and

      proper.

        (6) In connection with any proceeding for the collection of an

      amount owed to the United States by virtue of a person's

      participation in any benefit program administered by the

      Secretary when in the judgment of the Secretary such disclosure

      is deemed necessary and proper.

      (c)(1) The amount of any payment made by the Secretary to any

    person receiving benefits under a program administered by the

    Secretary shall be made known to any person who applies for such

    information.

      (2) Any appraisal report or certificate of reasonable value

    submitted to or prepared by the Secretary in connection with any

    loan guaranteed, insured, or made under chapter 37 of this title

    shall be made available to any person who applies for such report

    or certificate.

      (3) Subject to the approval of the President, the Secretary may

    publish at any time and in any manner any or all information of

    record pertaining to any claim filed with the Secretary if the

    Secretary determines that the public interest warrants or requires

    such publication.

      (d) The Secretary as a matter of discretion may authorize an

    inspection of Department records by duly authorized representatives

    of recognized organizations.

      (e) Except as otherwise specifically provided in this section

    with respect to certain information, the Secretary may release

    information, statistics, or reports to individuals or organizations

    when in the Secretary's judgment such release would serve a useful

    purpose.

      (f) The Secretary may, pursuant to regulations the Secretary

    shall prescribe, release the name or address, or both, of any

    present or former member of the Armed Forces, or a dependent of a

    present or former member of the Armed Forces, (1) to any nonprofit

    organization if the release is directly connected with the conduct

    of programs and the utilization of benefits under this title, or

    (2) to any criminal or civil law enforcement governmental agency or

    instrumentality charged under applicable law with the protection of

    the public health or safety if a qualified representative of such

    agency or instrumentality has made a written request that such name

    or address be provided for a purpose authorized by law. Any

    organization or member thereof or other person who, knowing that

    the use of any name or address released by the Secretary pursuant

    to the preceding sentence is limited to the purpose specified in

    such sentence, willfully uses such name or address for a purpose

    other than those so specified, shall be guilty of a misdemeanor and

    be fined not more than $5,000 in the case of a first offense and

    not more than $20,000 in the case of any subsequent offense.

      (g)(1) Subject to the provisions of this subsection, and under

    regulations which the Secretary shall prescribe, the Secretary may

    release the name or address, or both, of any person who is a

    present or former member of the Armed Forces, or who is a dependent

    of a present or former member of the Armed Forces, to a consumer

    reporting agency if the release of such information is necessary

    for a purpose described in paragraph (2) of this subsection.

      (2) A release of information under paragraph (1) of this

    subsection concerning a person described in such paragraph may be

    made for the purpose of - 

        (A) locating such a person - 

          (i) who has been administratively determined to be indebted

        to the United States by virtue of the person's participation in

        a benefits program administered by the Secretary; or

          (ii) if the Secretary has determined under such regulations

        that (I) it is necessary to locate such person in order to

        conduct a study pursuant to section 527 of this title or a

        study required by any other provision of law, and (II) all

        reasonable steps have been taken to assure that the release of

        such information to such reporting agency will not have an

        adverse effect on such person; or

        (B) obtaining a consumer report in order to assess the ability

      of a person described in subparagraph (A)(i) of this paragraph to

      repay the indebtedness of such person to the United States, but

      the Secretary may release the name or address of such person for

      the purpose stated in this clause only if the Secretary

      determines under such regulations that such person has failed to

      respond appropriately to administrative efforts to collect such

      indebtedness.

      (3) The Secretary may also release to a consumer reporting

    agency, for the purposes specified in subparagraph (A) or (B) of

    paragraph (2) of this subsection, such other information as the

    Secretary determines under such regulations is reasonably necessary

    to identify a person described in such paragraph, except that the

    Secretary may not release to a consumer reporting agency any

    information which indicates any indebtedness on the part of such

    person to the United States or any information which reflects

    adversely on such person. Before releasing any information under

    this paragraph, the Secretary shall, under such regulations, take

    reasonable steps to provide for the protection of the personal

    privacy of persons about whom information is proposed to be

    released under this paragraph.

      (4)(A) If the Secretary determines, under regulations which the

    Secretary shall prescribe, that a person described in paragraph (1)

    of this subsection has failed to respond appropriately to

    reasonable administrative efforts to collect an indebtedness of

    such person described in paragraph (2)(A)(i) of this subsection,

    the Secretary may release information concerning the indebtedness,

    including the name and address of such person, to a consumer

    reporting agency for the purpose of making such information

    available for inclusion in consumer reports regarding such person

    and, if necessary, for the purpose of locating such person, if - 

        (i) the Secretary has (I) made reasonable efforts to notify

      such person of such person's right to dispute through prescribed

      administrative processes the existence or amount of such

      indebtedness and of such person's right to request a waiver of

      such indebtedness under section 5302 of this title, (II) afforded

      such person a reasonable opportunity to exercise such rights, and

      (III) made a determination with respect to any such dispute or

      request; and

        (ii) thirty calendar days have elapsed after the day on which

      the Secretary has made a determination that reasonable efforts

      have been made to notify such person (I) that the Secretary

      intends to release such information for such purpose or purposes,

      and (II) that, upon the request of such person, the Secretary

      shall inform such person of whether such information has been so

      released and of the name and address of each consumer reporting

      agency to which such information was released by the Secretary

      and of the specific information so released.

      (B) After release of any information under subparagraph (A) of

    this paragraph concerning the indebtedness of any person, the

    Secretary shall promptly notify - 

        (i) each consumer reporting agency to which such information

      has been released by the Secretary; and

        (ii) each consumer reporting agency described in subsection

      (i)(3)(B)(i) of this section to which such information has been

      transmitted by the Secretary through a consumer reporting agency

      described in subsection (i)(3)(B)(ii)(I) of this section,

    of any substantial change in the status or amount of such

    indebtedness and, upon the request of any such consumer reporting

    agency for verification of any or all information so released,

    promptly verify or correct, as appropriate, such information. The

    Secretary shall also, after the release of such information, inform

    such person, upon the request of such person, of the name and

    address of each consumer reporting agency described in clause (i)

    or (ii) of this subparagraph to which such information was released

    or transmitted by the Secretary and of the specific information so

    released or transmitted.

      (h)(1) Under regulations which the Secretary shall prescribe, the

    Secretary may release the name or address, or both, of any person

    who is a present or former member of the Armed Forces, or who is a

    dependent of a present or former member of the Armed Forces (and

    other information relating to the identity of such person), to any

    person in a category of persons described in such regulations and

    specified in such regulations as a category of persons to whom such

    information may be released, if the release of such information is

    necessary for a purpose described in paragraph (2) of this

    subsection.

      (2) A release of information under paragraph (1) of this

    subsection may be made for the purpose of - 

        (A) determining the creditworthiness, credit capacity, income,

      or financial resources of a person who has (i) applied for any

      benefit under chapter 37 of this title, or (ii) submitted an

      offer to the Secretary for the purchase of property acquired by

      the Secretary under section 3720(a)(5) of this title;

        (B) verifying, either before or after the Secretary has

      approved a person's application for assistance in the form of a

      loan guaranty or loan insurance under chapter 37 of this title,

      information submitted by a lender to the Secretary regarding the

      creditworthiness, credit capacity, income, or financial resources

      of such person;

        (C) offering for sale or other disposition by the Secretary,

      pursuant to section 3720 of this title, any loan or installment

      sale contract owned or held by the Secretary; or

        (D) providing assistance to any applicant for benefits under

      chapter 37 of this title or administering such benefits if the

      Secretary promptly records the fact of such release in

      appropriate records pertaining to the person concerning whom such

      release was made.

      (i)(1) No contract entered into for any of the purposes of

    subsection (g) or (h) of this section, and no action taken pursuant

    to any such contract or either such subsection, shall result in the

    application of section 552a of title 5 to any consumer reporting

    agency or any employee of a consumer reporting agency.

      (2) The Secretary shall take reasonable steps to provide for the

    protection of the personal privacy of persons about whom

    information is disclosed under subsection (g) or (h) of this

    section.

      (3) For the purposes of this subsection and of subsection (g) of

    this section - 

        (A) The term "consumer report" has the meaning provided such

      term in subsection (d) of section 603 of the Fair Credit

      Reporting Act (15 U.S.C. 1681a(d)).

        (B) The term "consumer reporting agency" means - 

          (i) a consumer reporting agency as such term is defined in

        subsection (f) of section 603 of the Fair Credit Reporting Act

        (15 U.S.C. 1681a(f)), or

          (ii) any person who, for monetary fees, dues, or on a

        cooperative nonprofit basis, regularly engages in whole or in

        part in the practice of (I) obtaining credit or other

        information on consumers for the purpose of furnishing such

        information to consumer reporting agencies (as defined in

        clause (i) of this paragraph), or (II) serving as a marketing

        agent under arrangements enabling third parties to obtain such

        information from such reporting agencies.

      (j) Except as provided in subsection (i)(1) of this section, any

    disclosure made pursuant to this section shall be made in

    accordance with the provisions of section 552a of title 5.

-SOURCE-

    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1236, Sec. 3301; Pub. L.

    87-671, Sec. 2, Sept. 19, 1962, 76 Stat. 557; Pub. L. 91-24, Sec.

    11, June 11, 1969, 83 Stat. 34; Pub. L. 92-540, title IV, Sec. 412,

    Oct. 24, 1972, 86 Stat. 1093; Pub. L. 94-321, Sec. 1(a), June 29,

    1976, 90 Stat. 713; Pub. L. 94-581, title II, Sec. 210(b), Oct. 21,

    1976, 90 Stat. 2863; Pub. L. 96-466, title VI, Sec. 606, Oct. 17,

    1980, 94 Stat. 2212; Pub. L. 101-94, title III, Sec. 302(a), Aug.

    16, 1989, 103 Stat. 628; renumbered Sec. 5701 and amended Pub. L.

    102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

    238, 239; Pub. L. 102-83, Secs. 2(c)(6), 4(a)(1), (2)(A)(xi), (3),

    (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 402-406; Pub.

    L. 107-14, Sec. 8(a)(13), June 5, 2001, 115 Stat. 35.)

-MISC1-

                                AMENDMENTS                            

      2001 - Subsec. (g)(2)(B). Pub. L. 107-14 substituted

    "subparagraph (A)(i)" for "clause (A)(i)".

      Subsec. (g)(3). Pub. L. 107-14 substituted "subparagraph (A) or

    (B)" for "clause (A) or (B)".

      1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3301 of

    this title as this section.

      Subsec. (a). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

    "Department" for "Veterans' Administration".

      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

    Secretary" for "administered by the Veterans' Administration".

      Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" in introductory provisions and in

    pars. (1), (5), and (6).

      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

    Secretary" for "administered by the Veterans' Administration" in

    par. (6).

      Pub. L. 102-40, Sec. 402(d)(1), substituted "5109" and "7109" for

    "3009" and "4009", respectively, in par. (1).

      Subsec. (c)(1). Pub. L. 102-83, Sec. 4(a)(2)(A)(xi), substituted

    "Secretary" for first reference to "Veterans' Administration".

      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

    Secretary" for "administered by the Veterans' Administration".

      Subsec. (c)(2). Pub. L. 102-83, Sec. 4(a)(2)(A)(xi), substituted

    "Secretary" for "Veterans' Administration".

      Subsec. (c)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" in two places.

      Pub. L. 102-83, Sec. 4(a)(2)(A)(xi), substituted "Secretary" for

    "Veterans' Administration" after "with the".

      Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator".

      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

    "Veterans' Administration".

      Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" and "Secretary's" for

    "Administrator's".

      Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" wherever appearing.

      Subsec. (g)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" in two places.

      Subsec. (g)(2)(A)(i). Pub. L. 102-83, Sec. 4(a)(1), substituted

    "administered by the Secretary" for "administered by the Veterans'

    Administration".

      Subsec. (g)(2)(A)(ii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

    substituted "Secretary" for "Administrator".

      Pub. L. 102-83, Sec. 2(c)(6), substituted "section 527" for

    "section 219".

      Subsec. (g)(2)(B), (3), (4). Pub. L. 102-83, Sec. 4(b)(1),

    (2)(E), substituted "Secretary" for "Administrator" wherever

    appearing.

      Subsec. (g)(4)(A)(i). Pub. L. 102-40, Sec. 402(d)(1), substituted

    "5302" for "3102".

      Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted

    "3720(a)(5)" for "1820(a)(5)" in par. (2)(A) and "3720" for "1820"

    in par. (2)(C).

      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

    "Administrator" wherever appearing.

      Subsec. (i)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator".

      1989 - Subsec. (b)(1). Pub. L. 101-94 substituted "section 3009

    or 4009" for "section 4009".

      1980 - Subsec. (a). Pub. L. 96-466, Sec. 606(a), substituted

    "members of the Armed Forces" for "personnel of the armed

    services".

      Subsec. (b)(6). Pub. L. 96-466, Sec. 606(b), added par. (6).

      Subsec. (c). Pub. L. 96-466, Sec. 606(c), designated existing

    provisions as pars. (1) and (3) with minor changes in language, and

    in par. (1) as so designated, substituted reference to the amount

    of any payment made by the Veterans' Administration to any person

    receiving benefits under a program administered by the Veterans'

    Administration for reference to the amount of pension,

    compensation, or dependency and indemnity compensation of any

    beneficiary, and added par. (2).

      Subsec. (f). Pub. L. 96-466, Sec. 606(d), substituted "name or

    address, or both, of any present or former member of the Armed

    Forces, or a dependent of a present or former member of the Armed

    Forces" for "names or addresses, or both, of any present or former

    members of the Armed Forces, and/or their dependents" and "written

    request that such name or address" for "written request that such

    names or addresses".

      Subsecs. (g) to (i). Pub. L. 96-466, Sec. 606(e), added subsecs.

    (g) to (i). Former subsec. (g) redesignated (j).

      Subsec. (j). Pub. L. 96-466, Sec. 606(e), (f), redesignated

    former subsec. (g) as (j) and substituted "Except as provided in

    subsection (i)(1) of this section, any" for "Any".

      1976 - Subsec. (a). Pub. L. 94-321, Sec. 1(a)(1), (2), designated

    introductory par. as subsec. (a) and as so designated, substituted

    "provided in this section." for "follows:".

      Subsec. (b). Pub. L. 94-321, Sec. 1(a)(2), added subsec. (b).

    Pars. (1) to (5), formerly set out following introductory par.,

    became part of such subsec. (b).

      Subsec. (b)(1). Pub. L. 94-581, Sec. 210(b)(1), substituted

    "claimant or duly authorized agent or representative of a claimant

    as to matters concerning the claimant alone" for "claimant or his

    duly authorized agent or representative as to matters concerning

    himself alone".

      Subsec. (c). Pub. L. 94-321, Sec. 1(a)(3), redesignated par. (6)

    as subsec. (c).

      Subsec. (d). Pub. L. 94-581, Sec. 210(b)(2), substituted "as a

    matter of discretion" for "in his discretion".

      Pub. L. 94-321, Sec. 1(a)(3), redesignated par. (7) as subsec.

    (d).

      Subsec. (e). Pub. L. 94-581, Sec. 210(b)(3), substituted "in the

    Administrator's judgment" for "in his judgment".

      Pub. L. 94-321, Sec. 1(a)(3), (4), redesignated par. (8) as

    subsec. (e) and substituted "Except as otherwise specifically

    provided in this section with respect to certain information, the"

    for "The".

      Subsec. (f). Pub. L. 94-321, Sec. 1(a)(3), (5), redesignated par.

    (9) as subsec. (f) and inserted provision relating to the release

    of information pursuant to this subsection to criminal or civil law

    enforcement governmental agencies and increased the penalty for

    misuse of such information to the status of a misdemeanor, with a

    fine of not more than $5,000 for the first offense and not more

    than $20,000 for any subsequent offense.

      Subsec. (g). Pub. L. 94-321, Sec. 1(a)(5), added subsec. (g).

      1972 - Pub. L. 92-540 in introductory provision inserted

    reference to the names and addresses of present or former personnel

    of the armed forces, and their dependents, in the possession of the

    Veterans' Administration, and added par. (9).

      1969 - Par. (1). Pub. L. 91-24 substituted "the claimant and to

    an independent" for "the claimant. And to an independent".

      1962 - Par. (1). Pub. L. 87-671 inserted provisions authorizing

    disclosure to an independent medical expert or experts for an

    advisory opinion pursuant to section 4009 of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 

      Section 302(c) of Pub. L. 101-94 provided that: "The amendments

    made by subsections (a) and (b) [amending this section and section

    4092 [now 7292] of this title] shall take effect as if included in

    the Veterans' Judicial Review Act [div. A of Pub. L. 100-687]."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 

       Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

    otherwise specifically provided, see section 802(f) of Pub. L.

    96-466, set out as an Effective Date note under section 5314 of

    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENTS                 

      Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

    211 of Pub. L. 94-581, set out as a note under section 111 of this

    title.

      Section 1(b) of Pub. L. 94-321 provided that: "The amendments

    made by subsection (a) of this section with respect to subsection

    (f) (as redesignated by subsection (a)(3) of this section) of

    section 3301 [now 5701] of title 38, United States Code (except for

    the increase in criminal penalties for a violation of the second

    sentence of such subsection (f)), shall be effective with respect

    to names or addresses released on and after October 24, 1972."

                     EFFECTIVE DATE OF 1962 AMENDMENT                 

      Section 4 of Pub. L. 87-671 provided that: "The amendments made

    by this Act [enacting section 4009 [now 7109] of this title and

    amending this section] shall be effective January 1, 1963."

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

      This section is referred to in sections 1729, 5702, 7105, 7332,

    7464 of this title.