
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 509(d)]
[Document affected by Public Law 107-107 Section 1048(i)(8)]
[CITE: 38USC3695]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 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, 34, 35, and 36 of this title, and the 
    former chapter 33.
        (5) Chapters 107, 1606, and 1610 \1\ of title 10.
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    \1\ So in original. Probably should be ``1611''.
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        (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(5) of this title) in the individual case.

(Added Pub. L. 90-631, Sec. 1(d)(1), Oct. 23, 1968, 82 Stat. 1331, 
Sec. 1791; renumbered Sec. 1795 and amended Pub. L. 92-540, title III, 
Sec. 316(2), title IV, Sec. 403(13), Oct. 24, 1972, 86 Stat. 1086, 1090; 
Pub. L. 96-466, title I, Sec. 103, Oct. 17, 1980, 94 Stat. 2187; Pub. L. 
98-223, title II, Sec. 203(c)(2), Mar. 2, 1984, 98 Stat. 41; Pub. L. 98-
525, title VII, Sec. 703(d), Oct. 19, 1984, 98 Stat. 2564; Pub. L. 101-
237, title IV, Sec. 423(a)(8)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 
2092; renumbered Sec. 3695 and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106-65, div. A, title V, 
Sec. 551(b), Oct. 5, 1999, 113 Stat. 614.)

                       References in Text

    Parts 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, Sec. 2, 57 Stat. 43 and June 22, 1944, ch. 268, title II, 
Sec. 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, Sec. 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, as amended. 
Title II of the Veterans' Readjustment Assistance Act of 1952 was 
classified generally to subchapter II (Sec. 911 et seq.) of chapter 14 
of former Title 38, which was repealed and the provisions thereof 
reenacted as chapter 33 (Sec. 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, Sec. 4(a), Mar. 3, 1966, 80 Stat. 23. See chapter 32 
(Sec. 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, as amended, 
which was classified generally to chapter 15 (Sec. 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.
    Former chapter 33, referred to in subsec. (a)(4), is former chapter 
33 (Sec. 1601 et seq.) of this title enacted by Pub. L. 85-857, Sept. 2, 
1958, 72 Stat. 1174, which was repealed by Pub. L. 89-358, Sec. 4(a), 
Mar. 3, 1966, 80 Stat. 23.
    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 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. (a)(8), 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.


                               Amendments

    1999--Subsec. (a)(5). Pub. L. 106-65 substituted ``Chapters 107, 
1606, and 1610'' for ``Chapters 106 and 107''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1795 of this 
title as this section.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3101(5)'' 
for ``1501(5)''.
    1989--Subsec. (a)(8). Pub. L. 101-237, Sec. 423(a)(8)(B), added par. 
(8).
    Subsec. (b). Pub. L. 101-237, Sec. 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, Sec. 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, Sec. 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, Sec. 403(13), inserted reference to chapter 36 
of this title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3231, 3511 of this 
title; title 10 section 16131.
