
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3035]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
 SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; 
                  GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 3035. Allocation of administration and of program costs

    (a) 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.
    (b)(1) Except to the extent provided in paragraphs (2) and (3) of 
this subsection, 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.
    (2) 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 Transportation, as appropriate.
    (3) Payment for entitlements established under section 3018A or 
3018B of this title shall be made--
        (A) 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;
        (B) 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
        (C) 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.

    (c) 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 Transportation, as 
appropriate.
    (d) 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 Transportation shall be 
transferred to the Department of Veterans Affairs as necessary. The 
Secretary and the Secretary of Transportation shall enter into an 
agreement for the manner in which such transfers are to be made.
    (e) Payments for tutorial assistance benefits under section 3019 of 
this title shall be made--
        (1) 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
        (2) in the case of payments to an individual for such benefits 
    in excess of $600, from--
            (A) funds appropriated, or otherwise available, to the 
        Department of Veterans Affairs for the payment of readjustment 
        benefits;
            (B) the Department of Defense Education Benefits Fund 
        established under section 2006 of title 10; and
            (C) funds appropriated to the Department of Transportation,

    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.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2562, Sec. 1435; amended Pub. L. 99-576, title III, Sec. 321(8), 
Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I, Sec. 107(a)(2), 
Nov. 18, 1988, 102 Stat. 4168; Pub. L. 101-237, title IV, 
Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-510, div. A, 
title V, Sec. 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered 
Sec. 3035 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102-484, div. D, title XLIV, Sec. 4404(b)(3), 
Oct. 23, 1992, 106 Stat. 2706; Pub. L. 103-446, title XII, 
Sec. 1201(d)(7), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-275, title I, 
Sec. 106(c)(2), Oct. 9, 1996, 110 Stat. 3329.)


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-275 inserted before period at end 
``and from transfers from the Post-Vietnam Era Veterans Education 
Account pursuant to section 3232(b)(2)(B) of this title''.
    1994--Subsec. (b)(2). Pub. L. 103-446, Sec. 1201(d)(7)(A), 
substituted ``section 3015(d)'' for ``section 3015(c)''.
    Subsec. (b)(3)(C). Pub. L. 103-446, Sec. 1201(d)(7)(B), substituted 
``section 3015(f)'' for ``section 3015(e)''.
    1992--Subsec. (b)(3). Pub. L. 102-484 inserted ``or 3018B'' in 
introductory provisions and ``, 3018B(a)(1)(C), or 3018B(a)(2)(C)'' in 
subpar. (B).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1435 of this 
title as this section.
    Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3015(c)'' for ``1415(c)'' and ``3015'' for ``1415''.
    Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3018A'' 
for ``1418A'' in introductory provisions, ``3018A(a)(3)'' for 
``1418A(a)(3)'' in subpar. (B), and ``3015(e)'' for ``1415(e)'' and 
``3222(a)'' for ``1622(a)'' in subpar. (C).
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3019'' for 
``1419'' in introductory provisions.
    1990--Subsec. (b)(1). Pub. L. 101-510, Sec. 561(b)(3)(A), 
substituted ``paragraphs (2) and (3)'' for ``paragraph (2)''.
    Subsec. (b)(3). Pub. L. 101-510, Sec. 561(b)(3)(B), added par. (3).
    1989--Subsecs. (a), (b)(1), (d), (e)(1), (2)(A). Pub. L. 101-237 
substituted ``Secretary'' and ``Department of Veterans Affairs'' for 
``Administrator'' and ``Veterans' Administration'', respectively, 
wherever appearing.
    1988--Subsec. (e). Pub. L. 100-689 added subsec. (e).
    1986--Subsec. (b)(2). Pub. L. 99-576 substituted ``subsection (a) or 
(b) of section 1415'' for ``section 1415(a)''.

                  Section Referred to in Other Sections

    This section is referred to in section 3017 of this title.
