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Title 38 — Veterans’ Benefits

Part IV · Chapter 53 — Special Provisions Relating to Benefits

§ 5319. Limitations on access to financial records

Statutory text

(a)

The Secretary may make a request referred to in section 1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(p)) only if the Secretary determines that the requested information—

(1)

is necessary in order for the Secretary to administer the provisions of law referred to in that section; and

(2)

cannot be secured by a reasonable search of records and information of the Department.

(b)

The Secretary shall include a certification of the determinations referred to in subsection (a) in each request presented to a financial institution.

(c)

Information disclosed pursuant to a request referred to in subsection (a) may be used solely for the purpose of the administration of benefits programs under laws administered by the Secretary if, except for the exemption in subsection (a), the disclosure of that information would otherwise be prohibited by any provision of the Right to Financial Privacy Act of 1978.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title VI § 603(b)(1) · 106 Stat. 4320

    Enacted · 38 U.S.C. § 5319

    (Added Pub. L. 102–568, title VI, § 603(b)(1), Oct. 29, 1992, 106 Stat. 4342.)

    Source evidence

    Code source credit
    (Added Pub. L. 102–568, title VI, § 603(b)(1), Oct. 29, 1992, 106 Stat. 4342.)

    Enacted provision · exact public law section
    (1) Chapter 53 is amended by adding at the end the following new section: “§ 5319. Limitations on access to financial records “(a) The Secretary may make a request referred to in section U13(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(p)) only if the Secretary determines that the requested information— “(1) is necessary in order for the Secretary to administer the provisions of law referred to in that section; and “(2) cannot be secured by a reasonable search of records and information of the Department. “(b) The Secretary shall include a certification of the determinations referred to in subsection (a) in each request presented to a financial institution. “(c) Information disclosed pursuant to a request referred to in subsection (a) may be used solely for the purpose of the administration of benefits programs under laws administered by the Secretary if, except for the exemption in subsection (a), the disclosure of that information would otherwise be prohibited by any provision of the Right to Financial Privacy Act of 1978.”.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Right to Financial Privacy Act of 1978, referred to in subsec. (c), is title XI of Pub. L. 95–630, , 92 Stat. 3697, which is classified generally to chapter 35 (§ 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.

Credits

(Added Pub. L. 102–568, title VI, § 603(b)(1), , 106 Stat. 4342.)

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