38 U.S.C. § 3694 — Use of other Federal agencies

Page 860 TITLE 38—VETERANS’ BENEFITS § 3694 establishment if the Secretary determines, based on the record of compliance of such insti- tution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government. (c) To the maximum extent feasible, the Sec- retary, or a State approving agency, as applica- ble, shall provide not more than 10 business days of notice to an educational institution or train- ing establishment before conducting a compli- ance survey of the institution or establishment under this section. (d) In this section, the terms ‘‘educational in- stitution’’ and ‘‘training establishment’’ have the meanings given such terms in section 3452 of this title. (Added Pub. L. 94–502, title V, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793; amended Pub. L. 100–322, title III, § 322, May 20, 1988, 102 Stat. 535; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3693, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–315, title IV, § 411, Dec. 16, 2016, 130 Stat. 1561; Pub. L. 117–333, § 12(b), Jan. 5, 2023, 136 Stat. 6134.) Editorial Notes AMENDMENTS 2023—Subsecs. (c), (d). Pub. L. 117–333 added subsec. (c) and redesignated former subsec. (c) as (d). 2016—Subsec. (a). Pub. L. 114–315, § 411(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘Except as provided in subsection (b) of this section, the Secretary shall conduct an annual compli- ance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are en- rolled in such course or courses under provisions of this title or if any such course does not lead to a standard college degree. Such compliance survey shall be de- signed to ensure that the institution and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Secretary shall assign at least one education compliance spe- cialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.’’ Subsec. (b). Pub. L. 114–315, § 411(b), substituted ‘‘sub- section (a)(1) for a compliance survey’’ for ‘‘subsection (a) of this section for an annual compliance survey’’, ‘‘educational institution or training establishment’’ for ‘‘institution’’, and ‘‘record of compliance of such insti- tution or establishment’’ for ‘‘institution’s dem- onstrated record of compliance’’. Subsec. (c). Pub. L. 114–315, § 411(a)(2), added subsec. (c). 1991—Pub. L. 102–83 renumbered section 1793 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1988—Pub. L. 100–322 amended section generally. Prior to amendment, section read as follows: ‘‘The Adminis- trator shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons where at least 300 veterans or persons are enrolled under pro- visions of this title or where the course does not lead to a standard college degree. Such compliance survey shall assure that the institution and approved courses are in compliance with all applicable provisions of chapters 31, 34, 35, and 36 of this title. The Adminis- trator shall assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 94–502, title VII, § 703, Oct. 15, 1976, 90 Stat. 2406, provided that: ‘‘(a) Sections 101, 201, 203, 207, 209, 301, 303, 304, 308, 501, 502, 503, and 508 [see Tables for classification] of this Act shall become effective on October 1, 1976. ‘‘(b) Sections 102, 104, 202, 204, 205(1), 205(2), 205(3), 208, 210, 211, 302, 305, 306, 309, 310, 506, 510, 511, and 513 (other than paragraphs (7), (8), (9), and (10) of subsection (a)) [see Tables for classification] of this Act shall become effective on the date of enactment of this Act [Oct. 15, 1976]. ‘‘(c) Sections 103, 205(4), 206, 307, 504, 505, 507, 509, 512, and 701 and title VI of this Act [see Tables for classi- fication] shall become effective on December 1, 1976.’’ § 3694. Use of other Federal agencies (a) IN GENERAL.—In carrying out the Sec- retary’s functions under this chapter or chapter 34 or 35 of this title, the Secretary may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement. (b) COORDINATION OF INFORMATION AMONG THE DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND LABOR WITH RESPECT TO ON-JOB TRAINING.— At the time of a servicemember’s discharge or release from active duty service, the Secretary of Defense shall furnish to the Secretary such pertinent information concerning each reg- istered apprenticeship pursued by the servicemember during the period of active duty service of the servicemember. The Secretary, in conjunction with the Secretary of Labor, shall encourage and assist States and private organi- zations to give credit to servicemembers for the registered apprenticeship program so pursued in the case of any related apprenticeship program the servicemember may pursue as a civilian. (Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1790; renumbered § 1794, Pub. L. 92–540, title III, § 316(2), Oct. 24, 1972, 86 Stat. 1086; amended Pub. L. 94–502, title V, § 513(a)(21), Oct. 15, 1976, 90 Stat. 2403; Pub. L. 101–237, title IV, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3694, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title I, § 107, Dec. 10, 2004, 118 Stat. 3603.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1183, 1201, which was classified to former sections 1644 and 1761(c) of this title, prior to repeal and amendment by sections 4(a) and 3(a)(1) of Pub. L. 89–358, respec- tively. AMENDMENTS 2004—Pub. L. 108–454 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 1794 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’s’’ and ‘‘Secretary’’ for ‘‘Administrator’s’’ and ‘‘Adminis- trator’’, respectively. Page 861 TITLE 38—VETERANS’ BENEFITS § 3695 1976—Pub. L. 94–502 substituted ‘‘the Administra- tor’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries 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 Effec- tive Date note under section 3693 of this title. § 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 as- sistance 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) un- less 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). (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 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, § 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 As- sistance Act of 1952 was classified generally to sub- chapter II (§ 911 et seq.) of chapter 14 of former Title 38, which was repealed and the provisions thereof reen- acted 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 Authoriza- tion 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 classi- fication 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 2023—Subsec. (b). Pub. L. 117–333 substituted ‘‘in sec- tion 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 ‘‘Chap- ters 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’’.