38-U.S.C.-5724

38-U.S.C.-5724

§5724 – Provision of Credit Protection and Other Services

Pathway

Title 38 > Part IV > Chapter 57 > Subchapter III > Section 5724

Details

  • Reference: Section 5724
  • Legend: §5724 – Provision of Credit Protection and Other Services
  • USCode Year: 2013

Provision Content

(a) Independent Risk Analysis.—(1) In the event of a data breach with respect to sensitive personal information that is processed or maintained by the Secretary, the Secretary shall ensure that, as soon as possible after the data breach, a non-Department entity or the Office of Inspector General of the Department conducts an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach.

(2) If the Secretary determines, based on the findings of a risk analysis conducted under paragraph (1), that a reasonable risk exists for the potential misuse of sensitive personal information involved in a data breach, the Secretary shall provide credit protection services in accordance with the regulations prescribed by the Secretary under this section.

(b) Regulations.—Not later than 180 days after the date of the enactment of the Veterans Benefits, Health Care, and Information Technology Act of 2006, the Secretary shall prescribe interim regulations for the provision of the following in accordance with subsection (a)(2):

(1) Notification.

(2) Data mining.

(3) Fraud alerts.

(4) Data breach analysis.

(5) Credit monitoring.

(6) Identity theft insurance.

(7) Credit protection services.

(c) Report.—(1) For each data breach with respect to sensitive personal information processed or maintained by the Secretary, the Secretary shall promptly submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing the findings of any independent risk analysis conducted under subsection (a)(1), any determination of the Secretary under subsection (a)(2), and a description of any services provided pursuant to subsection (b).

(2) In the event of a data breach with respect to sensitive personal information processed or maintained by the Secretary that is the sensitive personal information of a member of the Army, Navy, Air Force, or Marine Corps or a civilian officer or employee of the Department of Defense, the Secretary shall submit the report required under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in addition to the Committees on Veterans’ Affairs of the Senate and House of Representatives.

(Added Pub. L. 109–461, title IX, §902(a), Dec. 22, 2006, 120 Stat. 3455.)

References in Text

The date of the enactment of the Veterans Benefits, Health Care, and Information Technology Act of 2006, referred to in subsec. (b), is the date of enactment of Pub. L. 109–461, which was approved Dec. 22, 2006.

U.S. Encyclopedia of Law Coverage

38-U.S.C.-5704 in the Legal Encyclopedia: Veterans

In this entry about 38-U.S.C.-5704, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.

38-U.S.C.-5723 in the Legal Encyclopedia: Benefits

In this entry about 38-U.S.C.-5723, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.

Subchapter III – Information Security in the Legal Encyclopedia: Administrative Provisions

In this entry about Subchapter III – Information Security, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.

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