Page:United States Statutes at Large Volume 124.djvu/4147

124 STAT. 4121 PUBLIC LAW 111–377—JAN. 4, 2011 assistance under both sections 3311(b)(9) and 3319 may not receive assistance under both provisions concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which provision to receive educational assistance.’’. (b) BAR TO RECEIPT OF COMPENSATION AND PENSION AND MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST- ANCE.—Such section is further amended by adding at the end the following new subsection: ‘‘(f) BAR TO RECEIPT OF COMPENSATION AND PENSION AND MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST- ANCE.—The commencement of a program of education under section 3311(b)(9) shall be a bar to the following: ‘‘(1) Subsequent payments of dependency and indemnity compensation or pension based on the death of a parent to an eligible person over the age of 18 years by reason of pursuing a course in an educational institution. ‘‘(2) Increased rates, or additional amounts, of compensa- tion, dependency and indemnity compensation, or pension because of such a person, whether eligibility is based upon the death of the parent.’’. (c) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION BENEFITS.—Such section is further amended by adding at the end the following new subsection: ‘‘(g) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION BENEFITS.—A spouse or child who is entitled to educational assist- ance under this chapter based on a transfer of entitlement from more than one individual under section 3319 may not receive assist- ance based on transfers from more than one such individual concur- rently, but shall elect (in such form and manner as the Secretary may prescribe) under which source to utilize such assistance at any one time.’’. (d) BAR TO DUPLICATION OF ELIGIBILITY BASED ON A SINGLE EVENT.—Such section is further amended by adding at the end the following new subsection: ‘‘(h) BAR TO DUPLICATION OF ELIGIBILITY BASED ON A SINGLE EVENT OR PERIOD OF SERVICE.— ‘‘(1) ACTIVE-DUTY SERVICE.—An individual with qualifying service in the Armed Forces that establishes eligibility on the part of such individual for educational assistance under this chapter, chapter 30 or 32 of this title, and chapter 1606 or 1607 of title 10, shall elect (in such form and manner as the Secretary may prescribe) under which authority such service is to be credited. ‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE BASED ON PARENT’S SERVICE.—A child of a member of the Armed Forces who, on or after September 11, 2001, dies in the line of duty while serving on active duty, who is eligible for educational assistance under either section 3311(b)(9) or chapter 35 of this title based on the parent’s death may not receive such assistance under both this chapter and chapter 35 of this title, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter to receive such assistance.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall take effect on August 1, 2011. SEC. 112. TECHNICAL AMENDMENTS. (a) SECTION 3313.—Section 3313 is amended— 38 USC 3322 note.