
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3681]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3681. Limitations on educational assistance

    (a) No educational assistance allowance granted under chapter 30, 
34, 35, or 36 of this title or 106 or 107 of title 10, or subsistence 
allowance granted under chapter 31 of this title shall be paid to any 
eligible person (1) who is on active duty and is pursuing a course of 
education which is being paid for by the Armed Forces (or by the 
Department of Health and Human Services in the case of the Public Health 
Service; or (2) who is attending a course of education or training paid 
for under chapter 41 of title 5.
    (b) No person may receive benefits concurrently under two or more of 
the provisions of law listed below:
        (1) Chapters 30, 31, 32, 34, 35, and 36 of this title.
        (2) Chapters 106 and 107 of title 10.
        (3) Section 903 of the Department of Defense Authorization Act, 
    1981 (Public Law 96-342, 10 U.S.C. 2141 note).
        (4) The Hostage Relief Act of 1980 (Public Law 96-449, 5 U.S.C. 
    5561 note).
        (5) The Omnibus Diplomatic Security and Antiterrorism Act of 
    1986 (Public Law 99-399).

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 21, Sec. 1781; 
amended Pub. L. 91-219, title II, Sec. 213(1), Mar. 26, 1970, 84 Stat. 
83; Pub. L. 92-540, title IV, Sec. 403(8), Oct. 24, 1972, 86 Stat. 1090; 
Pub. L. 94-502, title V, Sec. 513(a)(13), Oct. 15, 1976, 90 Stat. 2403; 
Pub. L. 96-466, title I, Sec. 102, title VIII, Sec. 801(e), Oct. 17, 
1980, 94 Stat. 2187, 2216; Pub. L. 97-295, Sec. 4(53), Oct. 12, 1982, 96 
Stat. 1309; Pub. L. 98-223, title II, Sec. 203(c)(1), Mar. 2, 1984, 98 
Stat. 41; Pub. L. 98-525, title VII, Sec. 703(c), Oct. 19, 1984, 98 
Stat. 2564; Pub. L. 99-576, title III, Secs. 317, 321(9), Oct. 28, 1986, 
100 Stat. 3275, 3278; Pub. L. 101-237, title IV, Sec. 423(a)(8)(A), Dec. 
18, 1989, 103 Stat. 2092; renumbered Sec. 3681, Pub. L. 102-83, 
Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, 
Sec. 315, Oct. 29, 1992, 106 Stat. 4333.)

                       References in Text

    Section 903 of the Department of Defense Authorization 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 is 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, as amended. For complete classification 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 sections 4(a) and 3(a)(2) of Pub. L. 89-358, 
respectively.


                               Amendments

    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 ``provisions 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, Sec. 703(c)(1)(A)-(C), inserted 
initial reference to chapter 30 of this title, inserted references to 
chapters 106 and 107 of title 10, and struck out comma after ``chapter 
31''.
    Pub. L. 98-223, Sec. 203(c)(1)(A), designated existing provisions as 
subsec. (a).
    Subsec. (b). Pub. L. 98-525, Sec. 703(c)(2), inserted reference to 
chapter 30 of this title in par. (1).
    Pub. L. 98-223, Sec. 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 allowance 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 chapter 34, 35, or 
36'' for ``or special training allowance granted under chapter 34 or 
35''.
    1970--Pub. L. 91-219 substituted ``Limitations on educational 
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 Government Employees' Training Act being 
paid their full salary during that period.


                    Effective Date of 1980 Amendment

    Section 802(a)(6) of Pub. L. 96-466 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 effective 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 Effective Date note under 
section 3693 of this title.


                         Duplication of Benefits

    Pub. L. 90-574, title V, Sec. 504, Oct. 15, 1968, 82 Stat. 1012, 
relating to duplication of benefits, was repealed by Pub. L. 91-219, 
title II, Sec. 215(a), Mar. 26, 1970, 84 Stat. 85.
