38 USC 5701: Names and addresses of present and former members of the Armed Forces and their dependents.

            
 
          Sec. 5701. Confidential nature of claims

    (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.
    (k)(1)(A) Under regulations that the Secretary shall prescribe, the 
Secretary may disclose the name and address of any individual described 
in subparagraph (C) to an entity described in subparagraph (B) in order 
to facilitate the determination by such entity whether the individual 
is, or after death will be, a suitable organ, tissue, or eye donor if--
        (i) the individual is near death (as determined by the 
    Secretary) or is deceased; and
        (ii) the disclosure is permitted under regulations promulgated 
    pursuant to section 264 of the Health Insurance Portability and 
    Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

    (B) An entity described in this subparagraph is--
        (i) an organ procurement organization, including eye and tissue 
    banks; or
        (ii) an entity that the Secretary has determined--
            (I) is substantially similar in function, professionalism, 
        and reliability to an organ procurement organization; and
            (II) should be treated for purposes of this subsection in 
        the same manner as an organ procurement organization.

    (C) An individual described in this subparagraph is--
        (i) a veteran; or
        (ii) a dependent of veteran.

    (2) In this subsection, the term ``organ procurement organization'' 
has the meaning given
the term ``qualified organ procurement organization'' in section 371(b) 
of the Public Health Service Act (42 U.S.C. 273(b)).

(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; Pub. L. 109-461, title II, Sec. 204(a), Dec. 
22, 2006, 120 Stat. 3411.)

                       References in Text

    Section 264 of the Health Insurance Portability and Accountability 
Act of 1996, referred to in subsec. (k)(1)(A)(ii), is section 264 of 
title II of Pub. L. 104-191, Aug. 21, 1996, 110 Stat. 2033, which is set 
out as a note under section 1320d-2 of Title 42, The Public Health and 
Welfare.
                               Amendments

    2006--Subsec. (k). Pub. L. 109-461 added subsec. (k).
    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.''
                               Regulations

    Pub. L. 109-461, title II, Sec. 204(c), Dec. 22, 2006, 120 Stat. 
3411, provided that: ``The Secretary of Veterans Affairs shall prescribe 
regulations under subsection (k) of section 5701 of title 38, United 
States Code, as added by subsection (a), not later than 180 days after 
the date of the enactment of this Act [Dec. 22, 2006].''