38 U.S.C. § 3682 — Control by agencies of the United States

Page 840 TITLE 38—VETERANS’ BENEFITS § 3682 Editorial Notes REFERENCES IN TEXT Chapter 106 of title 10, referred to in subsecs. (a) and (b)(2), which consisted of sections 2131 to 2138, was amended by Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006, to renumber sec- tions 2131 to 2137 as 16131 to 16137, respectively, and transfer them to chapter 1606 of Title 10, Armed Forces. Section 903 of the Department of Defense Authoriza- tion Act, 1981, referred to in subsec. (b)(3), is section 903 of Pub. L. 96–342, title IX, Sept. 8, 1980, 94 Stat. 1115, which is set out as a note under section 2141 of Title 10, Armed Forces. The Hostage Relief Act of 1980, referred to in subsec. (b)(4), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b)(5), is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4801 of Title 22, Foreign Relations and Intercourse, and Tables. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1182, 1201, which was classified to former sections 1632(h)(1) and 1762(b) of this title, prior to repeal by sec- tions 4(a) and 3(a)(2) of Pub. L. 89–358, respectively. AMENDMENTS 2011—Subsec. (b)(2). Pub. L. 111–377 inserted ‘‘and sec- tion 510’’ after ‘‘and 107’’. 1992—Subsec. (a)(2). Pub. L. 102–568 struck out before period at end ‘‘and whose full salary is being paid to such person while so training’’. 1991—Pub. L. 102–83 renumbered section 1781 of this title as this section. 1989—Subsec. (b)(5). Pub. L. 101–237 added par. (5). 1986—Subsec. (b). Pub. L. 99–576 struck out ‘‘for the pursuit of the same program of education’’ after ‘‘pro- visions of law listed below’’ in introductory text and substituted ‘‘Chapters 106 and 107’’ for ‘‘Chapter 107’’ in par. (2). 1984—Subsec. (a). Pub. L. 98–525, § 703(c)(1)(A)–(C), in- serted initial reference to chapter 30 of this title, in- serted references to chapters 106 and 107 of title 10, and struck out comma after ‘‘chapter 31’’. Pub. L. 98–223, § 203(c)(1)(A), designated existing provi- sions as subsec. (a). Subsec. (b). Pub. L. 98–525, § 703(c)(2), inserted ref- erence to chapter 30 of this title in par. (1). Pub. L. 98–223, § 203(c)(1)(B), added subsec. (b). 1982—Pub. L. 97–295 substituted ‘‘chapter 41 of title 5’’ for ‘‘the Government Employees’ Training Act’’. 1980—Pub. L. 96–466 inserted ‘‘, or subsistence allow- ance granted under chapter 31,’’ after ‘‘chapter 34, 35, or 36’’ and substituted ‘‘Department of Health and Human Services’’ for ‘‘Department of Health, Education, and Welfare’’. 1976—Pub. L. 94–502 substituted ‘‘such person’’ for ‘‘him’’. 1972—Pub. L. 92–540 substituted ‘‘granted under chap- ter 34, 35, or 36’’ for ‘‘or special training allowance granted under chapter 34 or 35’’. 1970—Pub. L. 91–219 substituted ‘‘Limitations on edu- cational assistance’’ for ‘‘Nonduplication of benefits’’ as section catchline and limited duplication of benefits bar to cases of persons on active duty with Armed Forces or Public Health Service whose education or training costs are being paid by Federal Government and persons receiving education or training under Gov- ernment Employees’ Training Act being paid their full salary during that period. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–377 effective Aug. 1, 2011, see section 202(c) of Pub. L. 111–377, set out as a note under section 3322 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–466, title VIII, § 802(a)(6), Oct. 17, 1980, 94 Stat. 2218, provided that: ‘‘The amendments made by sections 102 and 103 [amending this section and section 1795 [now 3695] of this title] shall become effective on October 1, 1980.’’ Amendment by section 801(e) of Pub. L. 96–466 effec- tive Oct. 1, 1980, see section 802(h) of Pub. L. 96–466, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. DUPLICATION OF BENEFITS Pub. L. 90–574, title V, § 504, Oct. 15, 1968, 82 Stat. 1012, relating to duplication of benefits, was repealed by Pub. L. 91–219, title II, § 215(a), Mar. 26, 1970, 84 Stat. 85. § 3682. Control by agencies of the United States Except as provided in section 3674A of this title, no department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, what- soever, over any State approving agency, or State educational agency, or any educational in- stitution. 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 exer- cise over any Federal educational institution or to prevent the furnishing of education under this chapter or chapter 34 or 35 of this title in any institution over which supervision or con- trol is exercised by such other department, agency, or officer under authority of law. (Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1782; amended Pub. L. 92–540, title IV, § 403(9), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 100–323, § 13(b)(6), May 20, 1988, 102 Stat. 574; re- numbered § 3682 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1190, 1201, which was classified to former sections 1663 and 1763 of this title, prior to repeal by sections 4(a) and 3(a)(3) of Pub. L. 89–358, respectively. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1782 of this title as this section and substituted ‘‘3674A’’ for ‘‘1774A’’. 1988—Pub. L. 100–323 substituted ‘‘Except as provided in section 1774A of this title, no’’ for ‘‘No’’. 1972—Pub. L. 92–540 inserted ‘‘this chapter or’’ before ‘‘chapter 34 or 35’’. § 3683. Conflicting interests (a) DEPARTMENT OFFICERS AND EMPLOYEES.— (1) An officer or employee of the Department