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38 U.S.C. § 3035 — Allocation of administration and of program costs

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3035 — Allocation of administration and of program costs

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Stable record: federal_law:legal_authorities:record_usc_99b2b56772b738fe8f3fefd3
Source file: Laws/federal/codes/united-states-code/title-38/section-3035-allocation-of-administration-and-of-program-costs--5b65290196.md
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Source location: Title 38, Chapter 30, § 3035; chapter-030-all-volunteer-force-educational-assistance-program.md

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**(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), (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3232/b/2/B&num=0&edition=prelim). (2) Payments for entitlement earned under subchapter II of this chapter that is established under [section 3015(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) at a rate in excess of the rate prescribed under subsection (a) or (b) of [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations made to the Department of Homeland Security, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/f&num=0&edition=prelim), from the Post-Vietnam Era Veterans Education Account established pursuant to [section 3222(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/a&num=0&edition=prelim). (4) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3020&num=0&edition=prelim) shall be made from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations made to the Department of Transportation, as appropriate. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations made to the Department of Homeland Security, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) 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. **(e)** Payments for tutorial assistance benefits under [section 3019 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3019&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim); and (C) 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3019 — Tutorial assistance

**(a)** An individual entitled to an educational assistance allowance under this chapter shall also be entitled to benefits provided an eligible veteran under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3492&num=0&edition=prelim), subject to the conditions applicable to an eligible veteran under such section. **(b)** The amount of such benefits payable under this section may not exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized. This amount is in addition to the amount of educational assistance allowance payable to the individual under this chapter. **(c)** (1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600. (2) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3019

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3015 — Amount of basic educational assistance

**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided in this section, in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years, a basic educational assistance allowance under this subchapter shall be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and (B) for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or (2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis. **(b)** In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is two years, a basic educational assistance allowance under this chapter shall (except as provided in the succeeding subsections of this section) be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and (B) for months occurring during a subsequent fiscal year, the amount for months occurring during the pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3015

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2006 — Department of Defense Education Benefits Fund

**(a)** There is established on the books of the Treasury a fund to be known as the Department of Defense Education Benefits Fund (hereinafter in this section referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance armed forces education liabilities on an actuarially sound basis. **(b)** In this section: (1) The term “armed forces education liabilities” means liabilities of the armed forces for benefits under chapter 30 or 33 of title 38 and for Department of Defense benefits under paragraphs (3) and (4) of section 510(e) and chapters 1606 and 1607 of this title, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy. (2) The term “normal cost”, with respect to any period of time, means the total of the following: (A) The present value of the future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized under [section 3015(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) to persons who were not on active duty on July 1, 1985, and who during such period enter on active duty. (B) The present value of the future benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of title 38 to persons who were not on active duty on July 1, 1985, and who during such period— (i) enter a fourth year of active duty, in the case of persons eligible for basic educational assistance under section 3011 of such title; or (ii) enter a period of service

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2006

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3020 — Authority to transfer unused education benefits to family members for career service members

**(a) In General.—** Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d). **(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the Armed Forces— (1) who, while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section, has completed six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or (2) as determined in regulations pursuant to subsection (k). **(c) Eligible Dependents.—** An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). **(d) Limitation on Months of Transfer.—** (1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c). (2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of De

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3020

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3035 — Allocation of administration and of pro-

Page 684 TITLE 38—VETERANS’ BENEFITS § 3035 ‘‘(B) The evaluation required by subparagraph (A) shall be designed to determine the effectiveness of the provision of educational assistance referred to in such subparagraph in preparing the recipients of such assist- ance for recognized vocational objectives in the field of aviation. ‘‘(2) Not later than January 31, 1994, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the evaluation required by paragraph (1). Such re- port shall include— ‘‘(A) information, separately as to payments made under chapter 30 of title 38, United States Code, and payments made under chapter 106 of title 10, United States Code, regarding— ‘‘(i) the number of recipients paid educational as- sistance allowances for flight training; ‘‘(ii) the amount of such assistance; ‘‘(iii) the amount paid by the recipients for such training; ‘‘(iv) the vocational objectives of the recipients; and ‘‘(v) the extent to which the training (I) assists the recipients in achieving employment in the field of aviation, or (II) was used only or primarily for recreational or avocational purposes; and ‘‘(B) any recommendations for legislation that the Secretary considers appropriate to include in the re- port.’’ § 3035. Allocation of administration and of pro- gram costs (a) Except to the extent otherwise specifically provided in this chapter, the educational assist- ance programs established by this chapter shall be administered by the Department of Veterans Affairs. (b)(1) Except to the extent provided in para- graphs (2), (3), and (4), payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or other- wise available

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3035

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