Title 38Veterans' BenefitsRelease 119-73

§5725 Contracts for data processing or maintenance

Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 57— - RECORDS AND INVESTIGATIONS › Subchapter SUBCHAPTER III— - INFORMATION SECURITY › § 5725

Last updated Apr 6, 2026|Official source

Summary

When the Department hires a contractor who will see sensitive personal information, the contract must say the contractor cannot share that information with anyone else unless the law allows it and the contract specifically permits the sharing. The contractor and any subcontractor must quickly tell the Secretary if a data breach happens. The contract must also require the contractor to pay pre-set damages if a breach occurs. Any money collected must go back into the same Department account that paid the contractor and can be used, without fiscal year limits, only for credit protection services under section 5724(b).

Full Legal Text

Title 38, §5725

Veterans' Benefits — Source: USLM XML via OLRC

(a)If the Secretary enters into a contract for the performance of any Department function that requires access to sensitive personal information, the Secretary shall require as a condition of the contract that—
(1)the contractor shall not, directly or through an affiliate of the contractor, disclose such information to any other person unless the disclosure is lawful and is expressly permitted under the contract;
(2)the contractor, or any subcontractor for a subcontract of the contract, shall promptly notify the Secretary of any data breach that occurs with respect to such information.
(b)Each contract subject to the requirements of subsection (a) shall provide for liquidated damages to be paid by the contractor to the Secretary in the event of a data breach with respect to any sensitive personal information processed or maintained by the contractor or any subcontractor under that contract.
(c)Any amount collected by the Secretary under subsection (b) shall be deposited in or credited to the Department account from which the contractor was paid and shall remain available for obligation without fiscal year limitation exclusively for the purpose of providing credit protection services pursuant to section 5724(b) of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 5725

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73