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

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

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Stable record: federal_law:legal_authorities:record_usc_5f306c3dde513fca62cc9c74
Source file: Laws/federal/codes/united-states-code/title-10/section-2006-department-of-defense-education-benefits-fund--6b7425b76c.md
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Source location: Title 10, Chapter 101, § 2006; chapter-101-training-generally.md

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**(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 that will establish entitlement to such educational assistance under section 3021(b) of such title, in the case of persons eligible for basic educational assistance under section 3012 of such title. (C) The present value of the future Department of Defense benefits payable from the Fund (including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607 of this title to persons who during such period become entitled to such assistance. (D) The present value of future benefits payable from the Fund for the Department of Defense portion of payments of educational assistance under subchapter II of chapter 30 of title 38 attributable to increased usage of benefits as a result of transfers of entitlement to basic educational assistance under section 3020 of that title during such period. (E) The present value of future benefits payable from the Fund for educational assistance under paragraphs (3) and (4) of [section 510(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section510/e&num=0&edition=prelim) to persons who during such period become entitled to such assistance. (F) The present value of any future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized by [section 3316 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3316&num=0&edition=prelim). **(c)** There shall be deposited into the Fund the following, which shall constitute the assets of the Fund: (1) Amounts paid into the Fund by the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating under subsection (f). (2) Any amount appropriated to the Fund. (3) Any return on investment of the assets of the Fund. **(d)** The Secretary of the Treasury shall transfer from the Fund to the Secretary of Veterans Affairs such amounts as may be necessary to enable the Secretary of Veterans Affairs to make required payments of armed forces education liabilities. The Secretary of the Treasury, the Secretary of Defense, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of Veterans Affairs shall enter into an agreement as to how and when, and the amounts in which, such transfers shall be made. Except for investments under subsection (h), amounts in the Fund may not be used for any purpose other than transfers as described in this subsection. **(e)** (1) The Secretary of Defense shall carry out periodic actuarial valuations of the educational programs described in subsection (b)(1). (2) Based on the most recent such valuation, the Secretary of Defense shall estimate the normal cost for the next fiscal year. (3) If at the time of any such valuation there has been a change in benefits under an education program described in subsection (b)(1) that has been made since the last such valuation and that increases or decreases the present value of benefits payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the liquidation of the unfunded liability (or negative unfunded liability) thus created such that the present value of the sum of the amortization payments equals the increase or decrease in the present value of such benefits. (4) If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the liquidation of such gain or loss through an increase or decrease in the payments that would otherwise be made to the Fund. (5) Based on the determinations under paragraphs (2), (3), and (4) the Secretary of Defense shall determine the amount needed to be appropriated to the Department of Defense and the Department in which the Coast Guard is operating for the next fiscal year for payments to be made to the Fund under subsection (f). The President shall include not less than the full amount so determined in the budget transmitted to Congress for the next fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim). The President may comment and make recommendations concerning any such amount. (6) All determinations under this subsection shall be made using methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and inflation) and in accordance with generally accepted actuarial principles and practices. **(f)** (1) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall pay into the Fund each month the amount that, based upon the most recent actuarial valuation of the education programs described in subsection (b)(1), is equal to the actual total normal cost for the preceding month. (2) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall pay into the Fund at the beginning of each fiscal year (or as soon thereafter as appropriations are available for such purpose) the sum of the following: (A) The amount of the payment for that year, if any, for the amortization of any liability to the Fund resulting from a change in benefits, as determined by the Secretary of Defense under subsection (e)(3). (B) The amount of the payment for that year, if any, for the amortization of any actuarial gain or loss to the Fund, as determined by the Secretary of Defense under subsection (e)(4). (3) Amounts paid into the Fund under this subsection shall be paid from appropriations available for the pay of members of the armed forces under the jurisdiction of the Secretary concerned. **(g)** The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.

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

38 U.S.C. § 3316 — Supplemental educational assistance: members with critical skills or specialty; members serving additional service

**(a) Increased Assistance for Members With Critical Skills or Specialty.—** (1) **In general.—** — In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable). (2) **Maximum amount of increase in assistance.—** — The amount of the increase in educational assistance authorized by paragraph (1) may not exceed the amount equal to the monthly amount of increased basic educational assistance providable under section 3015(d)(1) at the time of the increase under paragraph (1). **(b) Supplemental Assistance for Additional Service.—** (1) **In general.—** — The Secretary concerned may provide for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance for additional service authorized by subchapter III of chapter 30. The amount so payable shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c), or under paragraphs (2) through (6) of such section (as applicable). (2) **Eligibility.—** — Eligibility for supplemental educational assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except that any reference in such provisions to eligibility for basic educational assistance under a provision of subchapter II of chapter 30

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3316

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542

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

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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

10 U.S.C. § 16166 — Administration of program

**(a) Administration.—** Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter. **(b) Program Management.—** Except as otherwise provided in this chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term “eligible veteran” and the term “person”, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter. **(c) Flight Training.—** The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under [section 3680A(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680A/b&num=0&edition=prelim)) by an individual entitled to educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requir

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16166

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

10 U.S.C. § 510 — Enlistment incentives for pursuit of skills to facilitate national service

**(a) Enlistment Incentive Program.—** The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date. **(b) National Call to Service Participant.—** In this section, the term “National Call to Service participant” means a person who has not previously served in the armed forces who enters into an original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may be prescribed by that Secretary) under which the person agrees to perform a period of national service as specified in subsection (c). **(c) National Service.—** The total period of national service to which a National Call to Service participant is obligated under the agreement under this section shall be specified in the agreement. Under the agreement, the participant shall— (1) upon completion of initial entry training (as prescribed by the Secretary of Defense), serve on active duty in a military occupational specialty designated by the Secretary of Defense under subsection (d) for a period of 15 months; (2) upon completion of the period of active duty specified in paragraph (1) and without a break in service, serve either (A) an additional period of active duty as determined by the Secretary of Defense, or (B) a period of 24 months in an active status in the Selected Reserve or the Space Force; and (3) upon completion of the period of service specified in paragraph (2), and without a break in service, serve the remaining period of obligated servic

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 510

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

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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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

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) 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/vi

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3035

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

10 U.S.C. § 2006 — Department of Defense Education Bene-

Page 1638 TITLE 10—ARMED FORCES § 2006 (a). In addition to the requirements of para- graphs (1) through (4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements speci- fied in the agreement or does not fulfill any term or condition prescribed pursuant to para- graph (4) of such subsection, the person shall be subject to the repayment provisions of section 303a(e) or 373 of title 37 without the Secretary first ordering such person to active duty as pro- vided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title. (d) In this section: (1) The term ‘‘advanced education’’ means education or training above the secondary school level but does not include technical training provided to a member of the armed forces to qualify such member to perform a specified military function, to workshops, or to short-term training programs. (2) The term ‘‘assistance’’ means the direct provision of any course of advanced education by the Secretary concerned, reimbursement by the Secretary concerned for any course of ad- vanced education provided by another depart- ment or agency of the Federal Government, or the payment, in whole or in part, by the Sec- retary concerned for any course of advanced education provided by any public or private educational institution or other entity, but such term does not include the payment for any course of advanced education which is paid for under chapter 106 or 107 of this title. (3) The term ‘‘cost of advanced education’’ means those costs which are, under regula- tions prescribed by the Secretary concerned, directly attributable to the education of the person to whom a course of advanced edu- cation is provided, including the cost of tui- tion a

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2006

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