Public Law 119-73 (01/23/2026)

38 U.S.C. § 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)
section 3232(b)(2)(B) of this title 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 .
(2)
section 3015(d) of this titlesection 3015 of this titlesection 2006 of title 10 Payments for entitlement earned under subchapter II of this chapter that is established under at a rate in excess of the rate prescribed under subsection (a) or (b) of shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under 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)
section 2006 of title 10 except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under ;
(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)
section 3015(f) of this titlesection 3222(a) of this title in the case of the increase in payments made under , from the Post-Vietnam Era Veterans Education Account established pursuant to .
(4)
section 3020 of this titlesection 2006 of title 10 Payments attributable to the increased usage of benefits as a result of transfers of entitlement to basic educational assistance under shall be made from the Department of Defense Education Benefits Fund established under or from appropriations made to the Department of Transportation, as appropriate.
(c)
section 2006 of title 10 Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of Defense Education Benefits Fund established under or from appropriations made to the Department of Homeland Security, as appropriate.
(d)
section 2006 of title 10 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 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)
section 3019 of this title Payments for tutorial assistance benefits under 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)
section 2006 of title 10 the Department of Defense Education Benefits Fund established under ; 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.

Pub. L. 98–525, title VII, § 702(a)(1)98 Stat. 2562Pub. L. 99–576, title III, § 321(8)100 Stat. 3278Pub. L. 100–689, title I, § 107(a)(2)102 Stat. 4168Pub. L. 101–237, title IV, § 423(b)(1)103 Stat. 2092Pub. L. 101–510, div. A, title V, § 561(b)(3)104 Stat. 1573Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–484, div. D, title XLIV, § 4404(b)(3)106 Stat. 2706Pub. L. 103–446, title XII, § 1201(d)(7)108 Stat. 4684Pub. L. 104–275, title I, § 106(c)(2)110 Stat. 3329Pub. L. 107–296, title XVII, § 1704(d)116 Stat. 2315Pub. L. 107–314, div. A, title VI, § 643(b)116 Stat. 2577Pub. L. 107–330, title III, § 308(c)(1)116 Stat. 2827(Added , , , § 1435; amended , , ; , , ; , , ; , , ; renumbered § 3035 and amended , (c)(1), , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 107–314, § 643(b)(1)Pub. L. 107–330, § 308(c)(1)(A)2002—Subsec. (b)(1). , and , amended par. (1) identically, substituting “paragraphs (2), (3), and (4),” for “paragraphs (2) and (3) of this subsection,”.

Pub. L. 107–296Subsec. (b)(2). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–314, § 643(b)(2)Pub. L. 107–330, § 308(c)(1)(B)Subsec. (b)(4). , and , amended subsec. (b) identically, adding par. (4).

Pub. L. 107–296Subsecs. (c) to (e). substituted “of Homeland Security” for “of Transportation” wherever appearing.

Pub. L. 104–275section 3232(b)(2)(B) of this title1996—Subsec. (b)(1). inserted before period at end “and from transfers from the Post-Vietnam Era Veterans Education Account pursuant to ”.

Pub. L. 103–446, § 1201(d)(7)(A)1994—Subsec. (b)(2). , substituted “section 3015(d)” for “section 3015(c)”.

Pub. L. 103–446, § 1201(d)(7)(B)Subsec. (b)(3)(C). , substituted “section 3015(f)” for “section 3015(e)”.

Pub. L. 102–4841992—Subsec. (b)(3). inserted “or 3018B” in introductory provisions and “, 3018B(a)(1)(C), or 3018B(a)(2)(C)” in subpar. (B).

Pub. L. 102–83, § 5(a)section 1435 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(2). , substituted “3015(c)” for “1415(c)” and “3015” for “1415”.

Pub. L. 102–83, § 5(c)(1)Subsec. (b)(3). , 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).

Pub. L. 102–83, § 5(c)(1)Subsec. (e). , substituted “3019” for “1419” in introductory provisions.

Pub. L. 101–510, § 561(b)(3)(A)1990—Subsec. (b)(1). , substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Pub. L. 101–510, § 561(b)(3)(B)Subsec. (b)(3). , added par. (3).

Pub. L. 101–2371989—Subsecs. (a), (b)(1), (d), (e)(1), (2)(A). substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

Pub. L. 100–6891988—Subsec. (e). added subsec. (e).

Pub. L. 99–5761986—Subsec. (b)(2). substituted “subsection (a) or (b) of section 1415” for “section 1415(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendments

Pub. L. 107–330, title III, § 308(c)(2)116 Stat. 2828

Public Law 107–107“The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2002 (), to which such amendments relate.”
, , , provided that:

Pub. L. 107–314, div. A, title VI, § 643(c)(2)116 Stat. 2578

Public Law 107–107115 Stat. 1153“The amendments made by subsection (b) [amending this section] shall take effect as if made by section 654 of the National Defense Authorization Act for Fiscal Year 2002 (; ).”
, , , provided that:

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.