§3684A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can stop, cut, or refuse education payments or take other adverse actions when a computer matching program with the Department of Defense shows a problem. This applies to the education benefit programs named in the law (chapters 30 and 32 of title 38 and chapter 106 of title 10). Before taking action, the Secretary must give the person a written notice of the findings, explain the proposed action, and tell the person they may challenge the findings within 10 days from the notice date. The Secretary must wait until that 10-day period ends before acting. Saturdays, Sundays, and Federal holidays do not count when counting the 10 days. Following these steps counts as following the related federal Privacy Act rules. Matching program — the record-matching process defined in the Privacy Act.

Title 38, §3684A

Veterans' Benefits — Source: USLM XML via OLRC

(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

(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.

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1784A of this title as this section.

§3684A Procedures Relating to Computer Matching Program

Summary

Title 38, §3684A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata