---
kind: "section"
citation: "38 U.S.C. § 5724"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5724"
heading: "Provision of credit protection and other services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5724"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 57 — Records and Investigations"
  - "Subchapter III — Information Security"
---

# §5724. Provision of credit protection and other services

- (a) **Independent Risk Analysis.—**
  - (1) In the event of a [data breach](/usc/38/5727.md?p=4) with respect to [sensitive personal information](/usc/38/5727.md?p=19) that is processed or maintained by the [Secretary](/usc/38/101.md?p=1), the [Secretary](/usc/38/101.md?p=1) shall ensure that, as soon as possible after the [data breach](/usc/38/5727.md?p=4), a non-[Department](/usc/38/101.md?p=1) entity or the Office of Inspector General of the [Department](/usc/38/101.md?p=1) conducts an independent risk analysis of the [data breach](/usc/38/5727.md?p=4) to determine the level of risk associated with the [data breach](/usc/38/5727.md?p=4) for the potential misuse of any [sensitive personal information](/usc/38/5727.md?p=19) involved in the [data breach](/usc/38/5727.md?p=4).
  - (2) If the [Secretary](/usc/38/101.md?p=1) determines, based on the findings of a risk analysis conducted under [paragraph (1)](#a-1), that a reasonable risk exists for the potential misuse of [sensitive personal information](/usc/38/5727.md?p=19) involved in a [data breach](/usc/38/5727.md?p=4), the [Secretary](/usc/38/101.md?p=1) shall provide credit protection services in accordance with the regulations prescribed by the [Secretary](/usc/38/101.md?p=1) under this section.
- (b) **Regulations.—** Not later than 180 days after the date of the enactment of the [Veterans](/usc/38/101.md?p=2) Benefits, Health Care, and Information Technology Act of 2006, the [Secretary](/usc/38/101.md?p=1) shall prescribe interim regulations for the provision of the following in accordance with [subsection (a)(2)](#a-2):
  - (1) Notification.
  - (2) Data mining.
  - (3) Fraud alerts.
  - (4) [Data breach analysis](/usc/38/5727.md?p=5).
  - (5) Credit monitoring.
  - (6) [Identity theft insurance](/usc/38/5727.md?p=8).
  - (7) Credit protection services.
- (c) **Report.—**
  - (1) For each [data breach](/usc/38/5727.md?p=4) with respect to [sensitive personal information](/usc/38/5727.md?p=19) processed or maintained by the [Secretary](/usc/38/101.md?p=1), the [Secretary](/usc/38/101.md?p=1) shall promptly submit to the Committees on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and House of Representatives a report containing the findings of any independent risk analysis conducted under [subsection (a)(1)](#a-1), any determination of the [Secretary](/usc/38/101.md?p=1) under [subsection (a)(2)](#a-2), and a description of any services provided pursuant to [subsection (b)](#b).
  - (2) In the event of a [data breach](/usc/38/5727.md?p=4) with respect to [sensitive personal information](/usc/38/5727.md?p=19) processed or maintained by the [Secretary](/usc/38/101.md?p=1) that is the [sensitive personal information](/usc/38/5727.md?p=19) of a member of the Army, Navy, Air Force, Marine Corps, or Space Force or a civilian officer or employee of the [Department](/usc/38/101.md?p=1) of Defense, the [Secretary](/usc/38/101.md?p=1) shall submit the report required under [paragraph (1)](#c-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](/usc/38/101.md?p=2)’ Affairs of the Senate and House of Representatives.

## Source credit

(Added Pub. L. 109–461, title IX, § 902(a), Dec. 22, 2006, 120 Stat. 3455; amended Pub. L. 116–283, div. A, title IX, § 926(h), Jan. 1, 2021, 134 Stat. 3831.)

## Notes

### Editorial Notes

### 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.

### Amendments

2021—Subsec. (c)(2). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.