US Code

Public Law 119-88 (05/04/2026)

38 U.S.C. § 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)
Public Law 96–34210 U.S.C. 2141 Section 903 of the Department of Defense Authorization Act, 1981 (, note).
(7)
Public Law 96–4495 U.S.C. 5561 The Hostage Relief Act of 1980 (, note).
(8)
Public Law 99–399 The Omnibus Diplomatic Security and Antiterrorism Act of 1986 ().
(b)
section 3101 of this title 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 ) 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).

Pub. L. 90–631, § 1(d)(1)82 Stat. 1331 Pub. L. 92–540, title III, § 316(2)86 Stat. 1086 Pub. L. 96–466, title I, § 10394 Stat. 2187 Pub. L. 98–223, title II, § 203(c)(2)98 Stat. 41 Pub. L. 98–525, title VII, § 703(d)98 Stat. 2564 Pub. L. 101–237, title IV, § 423(a)(8)(B)103 Stat. 2092 Pub. L. 102–83, § 5(a)105 Stat. 406 Pub. L. 106–65, div. A, title V, § 551(b)113 Stat. 614 Pub. L. 107–103, title V, § 509(d)115 Stat. 997 Pub. L. 107–107, div. A, title X, § 1048(i)(8)115 Stat. 1229 Pub. L. 108–375, div. A, title V, § 527(b)(2)118 Stat. 1894 Pub. L. 110–252, title V, § 5003(b)(1)(B)122 Stat. 2375 Pub. L. 112–154, title IV, § 401(a)126 Stat. 1188 Pub. L. 117–333, § 3(e)(3)(B)(ii)136 Stat. 6128 (Added , , , § 1791; renumbered § 1795 and amended , title IV, § 403(13), , , 1090; , , ; , , ; , , ; , (b)(1)(A), , ; renumbered § 3695 and amended , (c)(1), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Mar. 24, 1943, ch. 22, § 2 57 Stat. 43 June 22, 1944, ch. 268 58 Stat. 287 Pub. L. 85–857, § 14(67)72 Stat. 1272 Parts VII and VIII, Veterans Regulation numbered 1(a), referred to in subsec. (a)(1), are Parts VII and VIII as added by acts , and , title II, § 400(b), to Veterans Regulation numbered 1(a) promulgated by Ex. Ord. No. 6156, , 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 , , .

act July 16, 1952, ch. 875 66 Stat. 663 Pub. L. 85–85772 Stat. 1105 Pub. L. 89–358, § 4(a)80 Stat. 23 The Veterans’ Readjustment Assistance Act of 1952, referred to in subsec. (a)(2), is , . 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 , , . Chapter 33 of this title was repealed by , , . See chapter 32 (§ 3201 et seq.) of this title.

act June 29, 1956, ch. 476 70 Stat. 411 Pub. L. 85–85772 Stat. 1105 The War Orphans’ Educational Assistance Act of 1956, referred to in subsec. (a)(3), is , , 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 , , .

section 903 of Pub. L. 96–34294 Stat. 1115 section 2141 of Title 10Section 903 of the Department of Defense Authorization Act, 1981, referred to in subsec. (a)(6), is , title IX, , , which is set out as a note under , Armed Forces.

Pub. L. 96–44994 Stat. 1967 section 5561 of Title 5The Hostage Relief Act of 1980, referred to in subsec. (a)(7), is , , , which was formerly set out as a note under , Government Organization and Employees.

Pub. L. 99–399100 Stat. 853 section 4801 of Title 22The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (a)(8), is , , . For complete classification of this Act to the Code, see Short Title note set out under , Foreign Relations and Intercourse, and Tables.

Amendments

Pub. L. 117–3332023—Subsec. (b). substituted “in section 3101” for “in section 3101(5)”.

Pub. L. 112–154, § 401(a)(1)2012—Subsec. (a)(4). , struck out “35,” after “34,”.

Pub. L. 112–154, § 401(a)(2)Subsec. (c). , added subsec. (c).

Pub. L. 110–2522008—Subsec. (a)(4). 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.”

Pub. L. 108–3752004—Subsec. (a)(5). inserted “1607,” after “1606,”.

Pub. L. 107–103Pub. L. 107–1072001—Subsec. (a)(5). and amended par. (5) identically, substituting “1611” for “1610”.

Pub. L. 106–651999—Subsec. (a)(5). substituted “Chapters 107, 1606, and 1610” for “Chapters 106 and 107”.

Pub. L. 102–83, § 5(a)section 1795 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3101(5)” for “1501(5)”.

Pub. L. 101–237, § 423(a)(8)(B)1989—Subsec. (a)(8). , added par. (8).

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (b). , substituted “Secretary” for “Administrator”.

Pub. L. 98–5251984—Subsec. (a). 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).

Pub. L. 98–223, § 203(c)(2)(B)Subsec. (b). , substituted “subsection (a)” for “clauses (1), (2), (3), and (4)” and “48” for “forty-eight”.

Pub. L. 96–4661980— 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).

Pub. L. 92–540, § 403(13)1972—, 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)126 Stat. 1188

“The amendment made by subsection (a) [amending this section] shall take effect on , 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.”
, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–252section 5003(d) of Pub. L. 110–252section 16163 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date of 1980 Amendment

Pub. L. 96–466section 802(a)(6) of Pub. L. 96–466section 3681 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 6(a) of Pub. L. 90–631section 3500 of this titleSection effective first day of second calendar month which begins after , see , set out as a note under .

Revival of Entitlement Reduced by Prior Utilization of Chapter 35 Assistance

Pub. L. 112–154, title IV, § 401(c)126 Stat. 1188

“(1)

In general .—

section 3695(a) of title 38Subject to paragraph (2), in the case of an individual whose period of entitlement to assistance under a provision of law referred to in , United States Code (other than chapter 35 of such title), as in effect on , 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 , 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.”
, , , provided that: