38 USC 5701 - Confidential nature of claims

Editorial Notes

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 Puspan. 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

2017—Subsec. (span)(1). Puspan. L. 115–55 struck out “or 7109” after “section 5109”.

Subsec. (l). Puspan. L. 115–86 designated existing provisions as par. (1), substituted “about a covered individual” for “about a veteran or the dependent of a veteran”, and added par. (2).

2016—Subsec. (l). Puspan. L. 114–198 and Puspan. L. 114–223 amended subsec. (l) identically, substituting “shall disclose” for “may disclose”.

2011—Subsec. (l). Puspan. L. 112–74 added subsec. (l).

2006—Subsec. (k). Puspan. L. 109–461 added subsec. (k).

2001—Subsec. (g)(2)(B). Puspan. L. 107–14 substituted “subparagraph (A)(i)” for “clause (A)(i)”.

Subsec. (g)(3). Puspan. L. 107–14 substituted “subparagraph (A) or (B)” for “clause (A) or (B)”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 3301 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (span). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1), (5), and (6).

Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in par. (6).

Puspan. L. 102–40, § 402(d)(1), substituted “5109” and “7109” for “3009” and “4009”, respectively, in par. (1).

Subsec. (c)(1). Puspan. L. 102–83, § 4(a)(2)(A)(xi), substituted “Secretary” for first reference to “Veterans’ Administration”.

Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (c)(2). Puspan. L. 102–83, § 4(a)(2)(A)(xi), substituted “Secretary” for “Veterans’ Administration”.

Subsec. (c)(3). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Puspan. L. 102–83, § 4(a)(2)(A)(xi), substituted “Secretary” for “Veterans’ Administration” after “with the”.

Subsec. (d). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Subsec. (e). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.

Subsec. (f). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (g)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Subsec. (g)(2)(A)(i). Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (g)(2)(A)(ii). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–83, § 2(c)(6), substituted “section 527” for “section 219”.

Subsec. (g)(2)(B), (3), (4). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (g)(4)(A)(i). Puspan. L. 102–40, § 402(d)(1), substituted “5302” for “3102”.

Subsec. (h). Puspan. L. 102–83, § 5(c)(1), substituted “3720(a)(5)” for “1820(a)(5)” in par. (2)(A) and “3720” for “1820” in par. (2)(C).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (i)(2). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

1989—Subsec. (span)(1). Puspan. L. 101–94 substituted “section 3009 or 4009” for “section 4009”.

1980—Subsec. (a). Puspan. L. 96–466, § 606(a), substituted “members of the Armed Forces” for “personnel of the armed services”.

Subsec. (span)(6). Puspan. L. 96–466, § 606(span), added par. (6).

Subsec. (c). Puspan. L. 96–466, § 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). Puspan. L. 96–466, § 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). Puspan. L. 96–466, § 606(e), added subsecs. (g) to (i). Former subsec. (g) redesignated (j).

Subsec. (j). Puspan. L. 96–466, § 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). Puspan. L. 94–321, § 1(a)(1), (2), designated introductory par. as subsec. (a) and as so designated, substituted “provided in this section.” for “follows:”.

Subsec. (span). Puspan. L. 94–321, § 1(a)(2), added subsec. (span). Pars. (1) to (5), formerly set out following introductory par., became part of such subsec. (span).

Subsec. (span)(1). Puspan. L. 94–581, § 210(span)(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). Puspan. L. 94–321, § 1(a)(3), redesignated par. (6) as subsec. (c).

Subsec. (d). Puspan. L. 94–581, § 210(span)(2), substituted “as a matter of discretion” for “in his discretion”.

Puspan. L. 94–321, § 1(a)(3), redesignated par. (7) as subsec. (d).

Subsec. (e). Puspan. L. 94–581, § 210(span)(3), substituted “in the Administrator’s judgment” for “in his judgment”.

Puspan. L. 94–321, § 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). Puspan. L. 94–321, § 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). Puspan. L. 94–321, § 1(a)(5), added subsec. (g).

1972—Puspan. 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). Puspan. L. 91–24 substituted “the claimant and to an independent” for “the claimant. And to an independent”.

1962—Par. (1). Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Puspan. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Puspan. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date of 1989 Amendment

Puspan. L. 101–94, title III, § 302(c), Aug. 16, 1989, 103 Stat. 628, provided that:

“The amendments made by subsections (a) and (span) [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 Puspan. L. 100–687].”

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Puspan. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1976 Amendments

Amendment by Puspan. L. 94–581 effective Oct. 21, 1976, see section 211 of Puspan. L. 94–581, set out as a note under section 111 of this title.

Puspan. L. 94–321, § 1(span), June 29, 1976, 90 Stat. 714, 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

Puspan. L. 87–671, § 4, Sept. 19, 1962, 76 Stat. 557, 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

Puspan. L. 109–461, title II, § 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].”