38 U.S.C. § 3035 — Allocation of administration and of program costs
submitted 42 years ago by Pub. L. 98-525 to r/title-38-VETERANS-BENEFITS · 654 words · no verdicts yet
This section assigns administration of the chapter’s educational-assistance programs and specifies which accounts pay different benefits. It also sets transfer procedures and the funding split for tutorial assistance above $600.
(a) Unless this chapter specifically provides otherwise, the Department* of Veterans Affairs administers its educational-assistance programs.
(b)(1) Unless paragraphs (2) through (4) provide otherwise, payments for entitlement earned under subchapter II come from VA readjustment-benefit funds and transfers from the Post-Vietnam Era* Veterans Education Account under section 3232(b)(2)(B). (2) The part of a subchapter II payment established under section 3015(d) that exceeds the rate in section 3015(a) or (b) comes from the Department of Defense Education Benefits Fund or, as appropriate, Homeland Security appropriations. (3) Payments for entitlements under section 3018A or 3018B come (A) generally from the Defense Education Benefits Fund; (B) for the individuals described in the cited provisions, from VA readjustment-benefit funds; and (C) for increases under section 3015(f), from the Post-Vietnam Era Veterans Education Account. (4) Payments caused by increased use after transfers of basic-assistance entitlement under section 3020 come from the Defense Education Benefits Fund or, as appropriate, Transportation Department appropriations.
(c) Payments for subchapter III educational assistance come from the Defense Education Benefits Fund or, as appropriate, Homeland Security appropriations.
(d) Amounts payable from the Defense Education Benefits Fund must be transferred to VA as needed under agreements among the Secretary*, Defense Secretary, and Treasury Secretary under title 10, section 2006. Amounts payable from Homeland Security appropriations must also be transferred to VA as needed. The Secretary and Homeland Security Secretary must agree on how those transfers will be made.
(e) Tutorial-assistance payments under section 3019 are funded as follows: (1) the first $600 paid to a person comes from VA readjustment-benefit funds; and (2) amounts above $600 come from VA funds, the Defense Education Benefits Fund, and Homeland Security appropriations in the same proportion in which the Fund and those funds are used to pay that person’s educational-assistance allowance under this chapter.
Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Department* of Veterans Affairs.
Except to the extent provided in paragraphs (2), (3), and (4), payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the Post-Vietnam Era* Veterans Education Account pursuant to section 3232(b)(2)(B) of this title.
Payments for entitlement earned under subchapter II of this chapter that is established under section 3015(d) of this title at a rate in excess of the rate prescribed under subsection (a) or (b) of section 3015 of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Homeland Security, as appropriate.
Payment for entitlements established under section 3018A or 3018B of this title shall be made—
except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10;
in the case of any individual described in section 3018A(a)(3), 3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and
in the case of the increase in payments made under section 3015(f) of this title, from the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title.
Payments attributable to the increased usage of benefits as a result of transfers of entitlement to basic educational assistance* under section 3020 of this title shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Transportation, as appropriate.
Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made to the Department of Homeland Security, as appropriate.
Funds for the payment by the Secretary* of benefits under this chapter that are to be paid from the Department of Defense Education Benefits Fund shall be transferred to the Department of Veterans Affairs from such Fund as necessary and in accordance with agreements entered into under section 2006 of title 10 by the Secretary, the Secretary of Defense*, and the Secretary of the Treasury. Funds for the payment by the Secretary of benefits under this chapter that are to be paid from appropriations made to the Department of Homeland Security shall be transferred to the Department of Veterans Affairs as necessary. The Secretary and the Secretary of Homeland Security shall enter into an agreement for the manner in which such transfers are to be made.
Payments for tutorial assistance benefits under section 3019 of this title shall be made—
in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and
in the case of payments to an individual for such benefits in excess of $600, from—
funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits;
the Department of Defense Education Benefits Fund established under section 2006 of title 10; and
funds appropriated to the Department of Homeland Security,
in the same proportion as the Fund described in subclause (B) of this clause and the funds described in subclause (A) or (C) of this clause are used to pay the educational assistance allowance to the individual under this chapter.
Source credit: (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1435; amended Pub. L. 99–576, title III, § 321(8), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, § 107(a)(2), Nov. 18, 1988, 102 Stat. 4168; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–510, div. A, title V, § 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered § 3035 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–484, div. D, title XLIV, § 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706; Pub. L. 103–446, title XII, § 1201(d)(7), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–275, title I, § 106(c)(2), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107–314, div. A, title VI, § 643(b), Dec. 2, 2002, 116 Stat. 2577; Pub. L. 107–330, title III, § 308(c)(1), Dec. 6, 2002, 116 Stat. 2827.)
- 1984Enacted · Pub. L. 98-525 · 98 Stat. 2562
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3278
- 1988Amended · Pub. L. 100-689 · 102 Stat. 4168
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2092
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1573
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 1992Amended · Pub. L. 102-484 · 106 Stat. 2706
- 1994Amended · Pub. L. 103-446 · 108 Stat. 4684
- 1996Amended · Pub. L. 104-275 · 110 Stat. 3329
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2315
- 2002Amended · Pub. L. 107-314 · 116 Stat. 2577
- 2002Amended · Pub. L. 107-330 · 116 Stat. 2827
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.
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