§ 5319. — Limitations on access to financial records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5319]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5319. Limitations on access to financial records
(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.
(Added Pub. L. 102-568, title VI, Sec. 603(b)(1), Oct. 29, 1992, 106
Stat. 4342.)
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, as
amended, which is classified generally to chapter 35 (Sec. 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.
