§ 5701.
(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 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.
(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.
([Pub. L. 85–857], Sept. 2, 1958, [72 Stat. 1236], § 3301; [Pub. L. 87–671, § 2], Sept. 19, 1962, [76 Stat. 557]; [Pub. L. 91–24, § 11], June 11, 1969, [83 Stat. 34]; [Pub. L. 92–540, title IV, § 412], Oct. 24, 1972, [86 Stat. 1093]; [Pub. L. 94–321, § 1(a)], June 29, 1976, [90 Stat. 713]; [Pub. L. 94–581, title II, § 210(b)], Oct. 21, 1976, [90 Stat. 2863]; [Pub. L. 96–466, title VI, § 606], Oct. 17, 1980, [94 Stat. 2212]; [Pub. L. 101–94, title III, § 302(a)], Aug. 16, 1989, [103 Stat. 628]; renumbered § 5701 and amended [Pub. L. 102–40, title IV, § 402(b)(1)], (d)(1), May 7, 1991, [105 Stat. 238], 239; [Pub. L. 102–83], §§ 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, § 8(a)(13)], June 5, 2001, [115 Stat. 35];