Pub. L. 101-366, tit. II, sec. 206

ADMINISTRATION.

EnactedYear: 1990Length: 495 wordsOfficial source
SEC. 206. ADMINISTRATION. (a) In General.— Chapter 36 of title 38, United States Code, is amended by inserting after section 1784 the following new section: “§1784A. Procedures relating to computer matching program “(a) (1) Notwithstanding section 552a(p) of title 5 and subject to paragraph (2) of this subsection, the Secretary may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under an educational assistance program provided for in chapter 30 or 32 of this title or in chapter 106 of title 10 in the case of any individual, or take other adverse action against such individual, based on information produced by a matching program with the Department of Defense. “(2) The Secretary may not take any action referred to in paragraph (1) of this subsection until— “(A) the individual concerned has been provided a written notice containing a statement of the findings of the Secretary based on the matching program, a description of the proposed action, and notice of the individual’s right to contest such findings within 10 days after the date of the notice; and 104 STAT. 442 “(B) the 10-day period referred to in subparagraph (A) of this paragraph has expired. “(3) In computing the 10-day period referred to in paragraph (2) of this subsection, Saturdays, Sundays, and Federal holidays shall be excluded. “(b) For the purposes of subsection (q) of section 552a of title 5, compliance with the provisions of subsection (a) of this section shall be considered compliance with the provisions of subsection (p) of such section 552a. “(c) For purposes of this section, the term ‘matching program’ has the same meaning provided in section 552a(a)(8) of title 5.”. (b) Ratification.— Any use by the Department of Veterans Affairs, during the period beginning on July 2,1990, and ending on the date of the enactment of this Act, of any category of information provided by the Department of Defense or the Department of Transportation for making determinations described in section 413(b) of the Veterans’ Benefits Amendments of 1989 (Public Law 101–237) is hereby ratified. (c) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1784 the following new item: “1784A. Procedures relating to computer matching programs.”. (d) Effective Date Delayed for Certain Education Benefits Computer Matching Programs.— (1) In the case of computer matching programs between the Department of Veterans Affairs and the Department of Defense in the administration of education benefits programs under chapters 30 and 32 of title 38 and chapter 106 of title 10, United States Code, the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 (other than the amendments made by section 10(b) of that Act) shall take effect on October 1, 1990. (2) For purposes of this subsection, the term “matching program” has the same meaning provided in section 552a(a)(8) of title 5, United States Code.