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38 U.S.C. § 3033 — Bar to duplication of educational assistance benefits

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3033 — Bar to duplication of educational assistance benefits

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) 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 not also be counted for purposes of entitlement to educational assistance under this chapter. **(c)** An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.

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Source location: Title 38, Chapter 30, § 3033; chapter-030-all-volunteer-force-educational-assistance-program.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. **(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim). **(c) Written Notification.—** (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member. (2

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

For the purpose of this subchapter— (1) “agency” means an Executive agency and a military department; (2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) “dependent” means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) “active service” means active Federal service by an employee; (5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2141 — Educational assistance program: establishment

**(a)** To encourage enlistments and reenlistments for service on active duty in the armed forces, the Secretary of each military department may establish a program in accordance with this chapter to provide educational assistance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Department of Defense, and a person participating in any such program may not be required to make any contribution to the program. **(b)** The Secretary of Defense shall prescribe regulations for the administration of this chapter. Such regulations shall take account of the differences among the several armed forces. **(c)** In this chapter, the term “enlistment” means original enlistment or reenlistment.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3033 — Bar to duplication of educational assist-

Page 681 TITLE 38—VETERANS’ BENEFITS § 3034 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–14 effective as if enacted on Nov. 1, 2000, immediately after the enactment of Pub. L. 106–419, see section 7(b)(3) of Pub. L. 107–14, set out as a note under section 3014 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–419, title I, § 122(d), Nov. 1, 2000, 114 Stat. 1837, provided that: ‘‘The amendments made by this section [enacting section 3689 of this title and amend- ing this section and sections 3232, 3452, 3482, 3501, and 3532 of this title] shall take effect on March 1, 2001, and shall apply with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date.’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–568 applicable to flight training received under this chapter, chapter 32 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 102–568, set out as a note under section 16131 of Title 10. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–237 effective Sept. 30, 1990, see section 422(d) of Pub. L. 101–237, set out as a note under section 16131 of Title 10, Armed Forces. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 108(a)(2) of Pub. L. 100–689 ef- fective Jan. 1, 1989, see section 108(c) of Pub. L. 100–689, set out as a note under section 3002 of this title. INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING AP- PRENTICESHIP OR ON-JOB TRAINING; MONTGOMERY GI BILL Pub. L. 108–454, title I, § 103(a), Dec. 10, 2004, 118 Stat. 3600, provided that: ‘‘For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (c)(1) of section 30

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

Page 692 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5553 The words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘Employees of the United States Government, . . . (in- cluding employees of any corporation created under au- thority of an Act of Congress which is either wholly controlled or wholly owned by the United States Gov- ernment, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)’’. The words ‘‘subsequent to May 1, 1940’’ are omitted as obsolete. The words ‘‘active duty in the armed forces’’ and ‘‘active duty’’ are substituted for ‘‘active military or naval service in the land or naval forces of the United States’’ and ‘‘active military or naval service’’, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words ‘‘by vol- untary enlistment or otherwise’’ are omitted as unnec- essary. In paragraph (1), the words ‘‘in accordance with sec- tion 5551 of this title’’ are added on authority of former section 61b, which is carried into section 5551. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5553. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Added Pub. L. 102–378, § 2(45)(A), Oct. 2, 1992, 106 Stat. 1353.) SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES § 5561. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency and a military department; (2) ‘‘emp

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