FEDERAL · 38 U.S.C. · Chapter 30
Bar to duplication of educational assistance benefits
Current through Pub. L. 119-102
(a)(1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.
(2)An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
(b)A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may n
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Source Credit
History
(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2561, §1433; amended Pub. L. 99–576, title III, §306, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, §10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered §3033, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–252, title V, §5003(b)(1)(A), June 30, 2008, 122 Stat. 2375.)
Editorial Notes
Editorial Notes
References in Text
The Hostage Relief Act of 1980, referred to in subsec. (a)(1), 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.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–252, §5003(b)(1)(A)(i), inserted "33," after "32,".
Subsec. (c). Pub. L. 110–252, §5003(b)(1)(A)(ii), substituted "two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10" for "both the program established by this chapter and the program established by chapter 106 of title 10".
1991—Pub. L. 102–83 renumbered section 1433 of this title as this section.
Subsec. (b). Pub. L. 102–16 substituted "chapter 109 of title 10" for "section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note),".
1989—Subsecs. (a)(1), (c). Pub. L. 101–237 substituted "Secretary" for "Administrator".
1986—Subsec. (a)(1). Pub. L. 99–576, §306(a), substituted "chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs" for "chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs".
Subsec. (c). Pub. L. 99–576, §306(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.
References in Text
The Hostage Relief Act of 1980, referred to in subsec. (a)(1), 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.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–252, §5003(b)(1)(A)(i), inserted "33," after "32,".
Subsec. (c). Pub. L. 110–252, §5003(b)(1)(A)(ii), substituted "two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10" for "both the program established by this chapter and the program established by chapter 106 of title 10".
1991—Pub. L. 102–83 renumbered section 1433 of this title as this section.
Subsec. (b). Pub. L. 102–16 substituted "chapter 109 of title 10" for "section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note),".
1989—Subsecs. (a)(1), (c). Pub. L. 101–237 substituted "Secretary" for "Administrator".
1986—Subsec. (a)(1). Pub. L. 99–576, §306(a), substituted "chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs" for "chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs".
Subsec. (c). Pub. L. 99–576, §306(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.