§ 3683. Conflicting interests

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Veterans

   Pub. L. 89–358 § 3(b) · 80 Stat. 12

   Enacted · 38 U.S.C. § 3683

   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1783

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1783

   Enacted provision · exact public law section
   (b) Title 38 of the United States Code is further amended by adding immediately following section 1778, the following new subchapter: “Subchapter II— Miscellaneous Provisions “§1781. Nonduplication of benefits “No educational assistance allowance or special training allowance shall be paid on behalf of any eligible person or veteran under chapter 34 or 35 of this title for any period during which such person or Ante, p. 12. veteran is enrolled in and pursuing a program of education or course paid for by the United States under any provision of law other than such chapters, where the payment of an allowance would constitute a duplication of benefits paid from the Federal Treasury to the eligible person or veteran or to his parent or guardian in his behalf. “§1782. Control by agencies of the United States “No department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency., or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education Ante, p. 12. under chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law. “§1783. Conflicting interests “(a) Every officer or employee of the Veterans’ Administration who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 shall be immediately dismissed from his office or employment. “(b) If the Administrator finds that any person who is an officer or employee of a State approving agency has, while he was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, an educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 of this title, he shall discontinue making payments under section 1774 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education. “(c) A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Veterans’ Administration or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services from, such institution. “(d) The Administrator may, after reasonable notice and public hearings, waive in writing the application of this section in the case of any officer or employee of the Veterans’ Administration or of a State approving agency, if he finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee. “§1784. Reports by institutions “Educational institutions shall, without delay, report to the Administrator in the form prescribed by him, the enrollment, interruption, and termination of the education of each eligible person or veteran enrolled therein under chapter 34 or 35. “§1785. Overpayments to eligible persons or veterans “Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an educational institution to report, as required by chapter 34 or 35 of this title and applicable regulations, to the Veterans’ Administration excessive absences from a course, or discontinuance or interruption of a course by the eligible person or veteran, or (2) false certification by an educational institution, the amount of such overpayment shall constitute a liability of such institution, and may be recovered in the same manner as any other debt due the United States. Any amount so collected shall be reimbursed if the overpayment is recovered from the eligible person or veteran. This section shall not preclude the imposition or any civil or criminal liability under this or any other law. “§1786. Examination of records “The records and accounts of educational institutions pertaining to eligible persons or veterans who received education under chapter 34 or 35 of this title shall be available for examination by duly authorized Ante, p 12. representatives of the Government. “§1787. False or misleading statements “Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a person or veteran, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. “§1788. Advisory committee “There shall be an advisory committee formed by the Administrator which shall be composed of persons who are eminent in their respective fields of education, labor, and management, and of representatives of the various types of institutions and establishments furnishing vocational rehabilitation under chapter 31 of this title or education 38 USC 1501 et seq. to eligible persons or veterans enrolled under chapter 34 or 35 of this title. The Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, shall be ex officio members of the advisory committee. The Administrator shall advise and consult with the committee from time to time with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and the committee may make such reports and recommendations as it deems desirable to the Administrator and to the Congress. “§1789. Institutions listed by Attorney General “The Administrator shall not approve the enrollment of, or payment of an additional assistance allowance to, any eligible veteran or eligible person under chapter 34 or 35 of this title in any course in an educational institution while it is listed by the Attorney General under section 12 of Executive Order 10450. 18 F.R. 2489. 5 USC 631 note. “§1790. Use of other Federal agencies “In carrying out his functions under this chapter or chapter 34 or 35 of this title, the Administrator may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.”

2. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title IV § 403(10) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3683(a); 38 U.S.C. § 3683(b)

   Pub. L. 92–540 inserted “this chapter or” before “chapter 34 or 35” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 92–540 inserted “this chapter or” before “chapter 34 or 35” wherever appearing.

   Enacted provision · exact public law section
   (10) inserting “this chapter or” before “chapter 34 or 35” each place it appears in section 1783;

3. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(14) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3683(a)

   Pub. L. 94–502, § 513(a)(14), substituted “such officer’s or employee’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–502, § 513(a)(14), substituted “such officer’s or employee’s” for “his”.

   Enacted provision · exact public law section
   (14) by striking out in section 1783(a) “his” and inserting in 38 USC 1783. lieu thereof “such officer’s or employee’s”;

4. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(15) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3683(b)

      Pub. L. 94–502, § 513(a)(15), substituted “while such person was” for “while he was”

   2. Substituted · 38 U.S.C. § 3683(b)

      Pub. L. 94–502, § 513(a)(15), substituted “the Administrator shall discontinue” for “he shall discontinue”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502, § 513(a)(15), substituted “while such person was” for “while he was” and “the Administrator shall discontinue” for “he shall discontinue”.

   Enacted provision · exact public law section
   (15) by striking out in section 1783(b) “he” the first time it appears and inserting in lieu thereof “such person” and by striking out “he” the second time it appears and inserting in lieu thereof “the Administrator”;

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 § 513(a)(16) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3683(d)

   Pub. L. 94–502, § 513(a)(16), substituted “if the Administrator finds” for “if he finds”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–502, § 513(a)(16), substituted “if the Administrator finds” for “if he finds”.

   Enacted provision · exact public law section
   (16) by striking out in section 1783(d) “he” and inserting in lieu thereof “the Administrator”:

6. 1982

   Pub. L. 97–295 § 4(54) · 96 Stat. 1287

   Inserted · 38 U.S.C. § 3683(a)

   Pub. L. 97–295 inserted “of this title” after “34 or 35”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295 inserted “of this title” after “34 or 35”.

   Enacted provision · exact public law section
   (54) Section 1783(a) is amended by inserting “of this title” 38 USC 1783. after “34 or 35”.

7. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 423(b)(1) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3683

   Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

   Enacted provision · exact public law section
   (1) Chapters 30, 31, 32, 34, 35, and 36 are amended— (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

8. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3683

   Pub. L. 102–83, § 5(a), renumbered section 1783 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1783 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3683(b)

   Pub. L. 102–83, § 5(c)(1), substituted “3674” for “1774”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3674” for “1774”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

10. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 § 302(a)(1) · 132 Stat. 3166

    1. Added · 38 U.S.C. § 3683(a)

       Pub. L. 115–251, § 302(a)(1), added subsec. (a)

    2. Struck · 38 U.S.C. § 3683(a)

       Pub. L. 115–251, § 302(a)(1), struck out former subsec. (a) which read as follows: “Every officer or employee of the Department of Veterans Affairs who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title shall be immediately dismissed from such officer’s or employee’s office or employment.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–251, § 302(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Every officer or employee of the Department of Veterans Affairs who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title shall be immediately dismissed from such officer’s or employee’s office or employment.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) Department Officers and Employees.— (1) An officer or employee of the Department shall receive corrective action or disciplinary action if such officer or employee— “(A) has, while serving as such an officer or employee, owned any interest in, or received any wage, salary, dividend, profit, or gift from, any educational institution operated for profit; or “(B) has, while serving as a covered officer or employee of the Department, received any service from any educational institution operated for profit. “(2) In this subsection, the term ‘covered officer or employee of the Department’ means an officer or employee of the Department who— “(A) works on the administration of benefits under chapter 30, 31, 32, 33, 34, 35, or 36 of this title; or “(B) has a potential conflict of interest involving an educational institution operated for profit, as determined by the Secretary.” ;

    Effective date note
    Pub. L. 115–251, title III, § 302(b), Sept. 29, 2018, 132 Stat. 3179, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 29, 2018] and shall apply with respect to conflicts of interest that occur on or after that date.”

11. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 § 302(a)(2) · 132 Stat. 3166

    1. Inserted · 38 U.S.C. § 3683(b)

       Pub. L. 115–251, § 302(a)(2), inserted second subsec. (b) designation and heading

    2. Substituted · 38 U.S.C. § 3683(b)

       Pub. L. 115–251, § 302(a)(2), substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”

    3. Substituted · 38 U.S.C. § 3683(b)

       Pub. L. 115–251, § 302(a)(2), substituted “provide corrective action or disciplinary action with respect to” for “terminate the employment of”

    4. Substituted · 38 U.S.C. § 3683(b)

       Pub. L. 115–251, § 302(a)(2), substituted “until the completion of such corrective action or disciplinary action” for “while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education”

    5. Struck · 38 U.S.C. § 3683(b)

       Pub. L. 115–251, § 302(a)(2), struck out “in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title” after “operated for profit”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–251, § 302(a)(2), inserted second subsec. (b) designation and heading, substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”, “provide corrective action or disciplinary action with respect to” for “terminate the employment of”, and “until the completion of such corrective action or disciplinary action” for “while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education”, and struck out “in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title” after “operated for profit”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “If the Secretary” and inserting the following: “(b) State Approving Agency Employees.— If the Secretary” ; (B) by striking “wages, salary, dividends, profits, gratuities, or services” and inserting “wage, salary, dividend, profit, or gift”; (C) by striking “in which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title”; (D) by striking “terminate the employment of” and inserting “provide corrective action or disciplinary action with respect to”; and (E) by striking “while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education” and inserting “until the completion of such corrective action or disciplinary action”;

    Effective date note
    Pub. L. 115–251, title III, § 302(b), Sept. 29, 2018, 132 Stat. 3179, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 29, 2018] and shall apply with respect to conflicts of interest that occur on or after that date.”

12. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 § 302(a)(3) · 132 Stat. 3166

    1. Inserted · 38 U.S.C. § 3683(c)

       Pub. L. 115–251, § 302(a)(3), inserted second subsec. (c) designation and heading

    2. Struck · 38 U.S.C. § 3683(c)

       Pub. L. 115–251, § 302(a)(3), struck out “of Veterans Affairs” after “of the Department”

    3. Substituted · 38 U.S.C. § 3683(c)

       Pub. L. 115–251, § 302(a)(3), substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–251, § 302(a)(3), inserted second subsec. (c) designation and heading, struck out “of Veterans Affairs” after “of the Department”, and substituted “wage, salary, dividend, profit, or gift” for “wages, salary, dividends, profits, gratuities, or services”.

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) by striking “A State approving agency” and inserting the following: “(c) Disapproval of Courses.— A State approving agency” ; (B) by striking “of Veterans Affairs”; and (C) by striking “wages, salary, dividends, profits, gratuities, or services” and inserting “wage, salary, dividend, profit, or gift”; and

    Effective date note
    Pub. L. 115–251, title III, § 302(b), Sept. 29, 2018, 132 Stat. 3179, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 29, 2018] and shall apply with respect to conflicts of interest that occur on or after that date.”

13. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 § 302(a)(4) · 132 Stat. 3166

    1. Inserted · 38 U.S.C. § 3683(d)

       Pub. L. 115–251, § 302(a)(4), inserted second subsec. (d) designation and heading

    2. Amended · 38 U.S.C. § 3683(d)

       Pub. L. 115–251, § 302(a)(4), designated existing provisions as par. (1)

    3. Struck · 38 U.S.C. § 3683(d)

       Pub. L. 115–251, § 302(a)(4), struck out “, after reasonable notice and public hearings,” after “The Secretary may” and “of Veterans Affairs” after “of the Department”

    4. Added · 38 U.S.C. § 3683(d)

       Pub. L. 115–251, § 302(a)(4), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–251, § 302(a)(4), inserted second subsec. (d) designation and heading, designated existing provisions as par. (1), struck out “, after reasonable notice and public hearings,” after “The Secretary may” and “of Veterans Affairs” after “of the Department”, and added par. (2).

    Enacted provision · exact public law section
    (4) in subsection (d)— (A) by striking “The Secretary may” and inserting the following: “(d) Waiver Authority.— (1) The Secretary may” ; (B) by striking “of Veterans Affairs”; (C) by striking “, after reasonable notice and public hearings,”; and (D) by adding at the end the following new paragraph: “(2) The Secretary shall provide public notice of any waiver granted under this subsection by not later than 30 days after the date on which such waiver is granted.” .

    Effective date note
    Pub. L. 115–251, title III, § 302(b), Sept. 29, 2018, 132 Stat. 3179, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 29, 2018] and shall apply with respect to conflicts of interest that occur on or after that date.”

14. 2019

    Department of Veterans Affairs Expiring Authorities Act of 2019

    Pub. L. 116–61 § 6(5) · 133 Stat. 1116

    1. Substituted · 38 U.S.C. § 3683(b)(d)

       Pub. L. 116–61 substituted “(b)” for “(b) (b)” in subsec. designations

    2. Substituted · 38 U.S.C. § 3683(b)(d)

       Pub. L. 116–61 substituted “(c)” for “(c) (c)” in subsec. designations

    3. Substituted · 38 U.S.C. § 3683(b)(d)

       Pub. L. 116–61 substituted “(d)” for “(d) (d)” in subsec. designations

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 116–61 substituted “(b)” for “(b) (b)”, “(c)” for “(c) (c)”, and “(d)” for “(d) (d)” in subsec. designations.

    Enacted provision · exact public law section
    (5) In section 3683— (A) by striking “(b) (b)” and inserting “(b)”; (B) by striking “(c) (c)” and inserting “(c)”; and (C) by striking “(d) (d)” and inserting “(d)”.

27 of 27 references resolved to an enrolled provision