Browse Arkansas Code titles and sections
38 U.S.C. § 3033 — Bar to duplication of educational assist-
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3033
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: eff3b80cee8948192027d494eafc15a106816190623a51bdc28dede526649ee1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-5ed69ab9d0eec6c687f33da6
Source file: Laws/federal/codes/united-states-code-2024/title-38/section-3033-bar-to-duplication-of-educational-assist--ee9f8504e8.md
Pages: Not recorded – Not recorded
Passage SHA-256: edf4d2ede06de318271fd24546b7e20c628555254f6d5be6542f1e247db89654
Source location: USCODE-2024-title38-partIII-chap30-subchapIV-sec3033.pdf
Stored source content
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 3032 of title 38, United States Code,
shall be applied as if—
‘‘(1) the reference to ‘75 percent’ in subparagraph
(A) were a reference to ‘85 percent’;
‘‘(2) the reference to ‘55 percent’ in subparagraph
(B) were a reference to ‘65 percent’; and
‘‘(3) the reference to ‘35 percent’ in subparagraph
(C) were a reference to ‘45 percent’.’’
§ 3033. Bar to duplication of educational assist-
ance benefits
(a)(1) An individual entitled to educational as-
sistance under a program established by this
chapter who is also eligible for educational as-
sistance 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 pre-
scribe) under which program to receive edu-
cational assistance.
(2) An individual entitled to educational as-
sistance under chapter 34 of this title may not
receive assistance under this chapter before Jan-
uary 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 pur-
poses 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.
(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
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), sub-
stituted ‘‘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), sub-
stituted ‘‘chapter 31, 32, or 35 of this title, under chap-
ter 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 pro-
grams’’ 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 re-
ceive 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.
§ 3034. Program administration
(a)(1) Except as otherwise provided in this
chapter, the provisions of sections 3470, 3471,
3474, 3476, 3482(g), 3483, and 3485 of this title and
the provisions of subchapters I and II of chapter
36 of this title (with the exception of sections
3680(c), 3680(f), 3686(a), and 3687) shall be applica-
ble to the provision of educational assistance
under this chapter.
(2) The term ‘‘eligible veteran’’, as used in the
provisions of the sections enumerated in para-
graph (1) of this subsection, shall be deemed to
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2141
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 2141. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1697
TITLE 10—ARMED FORCES
§ 2141
tinue to be eligible for educational assistance in
accordance with the terms of such agreement
and of this chapter as in effect before such date.
(Added Pub. L. 98–525, title VII, § 705(a)(1), Oct.
19, 1984, 98 Stat. 2567.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1985, applicable only to
members of the Armed Forces who qualify for edu-
cational assistance under this chapter on or after such
date, see section 705(b) of Pub. L. 98–525, set out as an
Effective Date of 1984 Amendment note under section
16131 of this title.
CHAPTER 106A—EDUCATIONAL ASSISTANCE
FOR PERSONS ENLISTING FOR ACTIVE
DUTY
Sec.
2141.
Educational assistance program: establish-
ment.
2142.
Educational assistance program: eligibility.
2143.
Educational assistance: amount.
2144.
Subsistence allowance.
2145.
Adjustments of amount of educational assist-
ance and of subsistence allowance.
2146.
Right of member upon subsequent reenlist-
ment to lump-sum payment in lieu of edu-
cational assistance.
2147.
Right of member after reenlisting to transfer
entitlement to spouse or dependent chil-
dren.
2148.
Duration of entitlement.
2149.
Applications for educational assistance.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–375, div. A, title V, § 532(a)(1), Oct.
28, 2004, 118 Stat. 1896, renumbered chapter 107 of this
title as this chapter.
§ 2141. Educational assistance program: estab-
lishment
(a) To encourage enlistments and reenlist-
ments for service on active duty in the armed
forces, the Secretary of each military depart-
ment may establish a program in accordance
with this chapter to provide educational assist-
ance to persons enlisting or reenlisting in an
armed force under his jurisdictio
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2141
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2141. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3033
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5561
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 5561. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5561
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 5561. This identifies an authority to review, not proof of applicability.