38 U.S.C. § 5319: Limitations on access to…

Summary

The Secretary may ask a bank for someone’s financial records under the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(p)) only if the Secretary decides the records are needed to carry out the covered laws and cannot be found by a reasonable search of the Department’s own files. Each request must include a written certification saying those two decisions were made. Records obtained this way can be used only to run the benefits programs the Secretary oversees if the Right to Financial Privacy Act would otherwise bar releasing them.

Title 38, §5319

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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, Nov. 10, 1978, 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.

§5319 Limitations on Access to Financial Records