38 U.S.C. § 3695

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 3695 - Limitation on period of assistance under two or more programs

(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):

(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.

(2) Title II of the Veterans' Readjustment Assistance Act of 1952.

(3) The War Orphans' Educational Assistance Act of 1956.

(4) Chapters 30, 32, 33, 34, and 36.

(5) Chapters 107, 1606, 1607, and 1611 of title 10.

(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96-342 10 U.S.C. 2141 note).

(7) The Hostage Relief Act of 1980 (Public Law 96-449 5 U.S.C. 5561 note).

(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399).

(b) No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in section 3101 of this title) in the individual case.

(c) The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).

38 U.S.C. § 3695

Added Pub. L. 90-631, §1(d)(1), Oct. 23, 1968, 82 Stat. 1331, §1791; renumbered §1795 and amended Pub. L. 92-540, title III, §316(2), title IV, §403(13), Oct. 24, 1972, 86 Stat. 1086, 1090; Pub. L. 96-466, title I, §103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 98-223, title II, §203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98-525, title VII, §703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 101-237, title IV, §423(a)(8)(B), (b) (1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3695 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106-65, div. A, title V, §551(b), Oct. 5, 1999, 113 Stat. 614; Pub. L. 107-103, title V, §509(d), Dec. 27, 2001, 115 Stat. 997; Pub. L. 107-107, div. A, title X, §1048(i)(8), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 108-375, div. A, title V, §527(b)(2), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 110-252, title V, §5003(b)(1)(B), June 30, 2008, 122 Stat. 2375; Pub. L. 112-154, title IV, §401(a), Aug. 6, 2012, 126 Stat. 1188; Pub. L. 117-333, §3(e)(3)(B)(ii), Jan. 5, 2023, 136 Stat. 6128.

EDITORIAL NOTES

REFERENCES IN TEXTParts VII and VIII, Veterans Regulation numbered 1(a), referred to in subsec. (a)(1), are Parts VII and VIII as added by acts Mar. 24, 1943, ch. 22, §2, 57 Stat. 43 and June 22, 1944, ch. 268, title II, §400(b), 58 Stat. 287 to Veterans Regulation numbered 1(a) promulgated by Ex. Ord. No. 6156, June 6, 1933, which had been classified as parts VII and VIII of chapter 12A of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which were repealed by Pub. L. 85-857, §14(67), Sept. 2, 1958, 72 Stat. 1272.The Veterans' Readjustment Assistance Act of 1952, referred to in subsec. (a)(2), is act July 16, 1952, ch. 875, 66 Stat. 663. Title II of the Veterans' Readjustment Assistance Act of 1952 was classified generally to subchapter II (§911 et seq.) of chapter 14 of former Title 38, which was repealed and the provisions thereof reenacted as chapter 33 (§1601 et seq.) of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105. Chapter 33 of this title was repealed by Pub. L. 89-358, §4(a), Mar. 3, 1966, 80 Stat. 23. See chapter 32 (§3201 et seq.) of this title.The War Orphans' Educational Assistance Act of 1956, referred to in subsec. (a)(3), is act June 29, 1956, ch. 476, 70 Stat. 411, which was classified generally to chapter 15 (§1031 et seq.) of former Title 38, which was repealed and the provisions thereof reenacted as chapter 35 of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105. Section 903 of the Department of Defense Authorization Act, 1981, referred to in subsec. (a)(6), 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. (a)(7), 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. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (a)(8), is Pub. L. 99-399, Aug. 27, 1986, 100 Stat. 853. 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.

AMENDMENTS2023-Subsec. (b). Pub. L. 117-333 substituted "in section 3101" for "in section 3101(5)".2012-Subsec. (a)(4). Pub. L. 112-154, §401(a)(1), struck out "35," after "34,". Subsec. (c). Pub. L. 112-154, §401(a)(2), added subsec. (c). 2008-Subsec. (a)(4). Pub. L. 110-252 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "Chapters 30, 32, 34, 35, and 36 of this title, and the former chapter 33." 2004-Subsec. (a)(5). Pub. L. 108-375 inserted "1607," after "1606,".2001-Subsec. (a)(5). Pub. L. 107-103 and Pub. L. 107-107 amended par. (5) identically, substituting "1611" for "1610".1999-Subsec. (a)(5). Pub. L. 106-65 substituted "Chapters 107, 1606, and 1610" for "Chapters 106 and 107".1991- Pub. L. 102-83, §5(a), renumbered section 1795 of this title as this section. Subsec. (b). Pub. L. 102-83, §5(c)(1), substituted "3101(5)" for "1501(5)". 1989-Subsec. (a)(8). Pub. L. 101-237, §423(a)(8)(B), added par. (8).Subsec. (b). Pub. L. 101-237, §423(b)(1)(A), substituted "Secretary" for "Administrator". 1984-Subsec. (a). Pub. L. 98-525 inserted reference in cl. (4) to chapter 30 of this title, and in cl. (5) to chapter 106 of title 10. Pub. L. 98-223, §203(c)(2)(A), substituted "48 months" for "forty-eight months", capitalized the first word in cls. (1) to (4), and added cls. (5) to (7).Subsec. (b). Pub. L. 98-223, §203(c)(2)(B), substituted "subsection (a)" for "clauses (1), (2), (3), and (4)" and "48" for "forty-eight".1980- Pub. L. 96-466 designated existing provisions as subsec. (a), substituted in par. (4) "chapters 32, 34, 35, and 36 of this title and the former chapter 33;" for "chapters 31, 34, 35, and 36 of this title, and the former chapter 33", in provisions following par. (4) struck out ",but this section shall not be deemed to limit the period for which assistance may be received under chapter 31 alone" after "(or the part-time equivalent thereof)", and added subsec. (b). 1972- Pub. L. 92-540, §403(13), inserted reference to chapter 36 of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-154, title IV, §401(b), Aug. 6, 2012, 126 Stat. 1188, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2013, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 3695(a) of such title, as so in effect, before such date."

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.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(a)(6) of Pub. L. 96-466 set out as a note under section 3681 of this title.

EFFECTIVE DATE Section effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90-631 set out as a note under section 3500 of this title.

REVIVAL OF ENTITLEMENT REDUCED BY PRIOR UTILIZATION OF CHAPTER 35 ASSISTANCE Pub. L. 112-154, title IV, §401(c), Aug. 6, 2012, 126 Stat. 1188, provided that: "(1) IN GENERAL.-Subject to paragraph (2), in the case of an individual whose period of entitlement to assistance under a provision of law referred to in section 3695(a) of title 38, United States Code (other than chapter 35 of such title), as in effect on September 30, 2013, was reduced under such section 3695(a), as so in effect, by reason of the utilization of entitlement to assistance under chapter 35 of such title before October 1, 2013, the period of entitlement to assistance of such individual under such provision shall be determined without regard to any entitlement so utilized by the individual under chapter 35 of such title. "(2) LIMITATION.-The maximum period of entitlement to assistance of an individual under paragraph (1) may not exceed 81 months."