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

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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

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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 and other fees (or, if none is charged, an amount determined by the Secretary con- cerned to be a reasonable charge for the edu- cation provided), the cost of books, supplies, transportation, and miscellaneous expenses, and the cost of room and board, but such term does not include pay or allowances under title 37 or a stipend under section 2121 of this title. (Added Pub. L. 96–357, § 2(a), Sept. 24, 1980, 94 Stat. 1180; amended Pub. L. 98–94, title X, § 1003(b)(1), title XII, § 1268(10), Sept. 24, 1983, 97 Stat. 656, 706; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–510, div. A, title V, § 534, Nov. 5, 1990, 104 Stat. 1564; Pub. L. 103–160, div. A, title V, § 573(a), Nov. 30, 1993, 107 Stat. 1673; Pub. L. 109–163, div. A, title VI, § 687(c)(2), Jan. 6, 2006, 119 Stat. 3333; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(B), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsecs. (a)(3), (c). Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’. 2006—Subsec. (a)(3). Pub. L. 109–163, § 687(c)(2)(A), added par. (3) and struck out former par. (3) which read as follows: ‘‘that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed pursuant to clause (4), such person will reimburse the United States in an amount that bears the same ratio to the total cost of advanced education provided such person as the unserved portion of active duty bears to the total pe- riod of active duty such person agreed to serve; and’’. Subsecs. (c) to (h). Pub. L. 109–163, § 687(c)(2)(B)–(D), added subsec. (c), redesignated former subsec. (e) as (d), and struck out former subsecs. (c), (d), and (f) to (h) re- lating to the obligation to reimburse the United States under an advanced education assistance agreement in subsec. (c), the effect of a discharge in bankruptcy under title 11 in subsec. (d), requirements for providing financial assistance in subsec. (f), failure to complete a period of active duty specified in an agreement in sub- sec. (g), and modification of agreements by the Sec- retary concerned in subsec. (h). 1993—Subsecs. (g), (h). Pub. L. 103–160 added subsecs. (g) and (h). 1990—Subsec. (a)(3). Pub. L. 101–510, § 534(1), inserted ‘‘or fails to fulfill any term or condition prescribed pur- suant to clause (4),’’ after ‘‘agreement,’’. Subsec. (f)(1). Pub. L. 101–510, § 534(2), inserted ‘‘or fails to fulfill any term or condition prescribed pursu- ant to clause (4) of such subsection,’’ after ‘‘agree- ment,’’. 1987—Subsec. (e). Pub. L. 100–180, § 1231(17), inserted ‘‘The term’’ after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase. 1983—Subsec. (c). Pub. L. 98–94, § 1268(10)(A), struck out ‘‘of this section’’ after ‘‘subsection (d)’’ and ‘‘sub- section (a)’’. Subsec. (d). Pub. L. 98–94, § 1268(10)(A), struck out ‘‘of this section’’ after ‘‘subsection (a)’’. Subsec. (e). Pub. L. 98–94, § 1268(10)(B), substituted a colon for a dash after ‘‘In this section’’ preceding par. (1). Subsec. (f). Pub. L. 98–94, § 1003(b)(1), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–160, div. A, title V, § 573(b), Nov. 30, 1993, 107 Stat. 1674, provided that: ‘‘(1) Subsection (g) of section 2005 of title 10, United States Code, as added by subsection (a), shall apply with respect to persons separated from the Armed Forces after the end of the six-month period beginning on the date of the enactment of this Act [Nov. 30, 1993]. ‘‘(2) Subsection (h) of such section, as added by sub- section (a), shall apply with respect to persons sepa- rated from the Armed Forces after the date of the en- actment of this Act.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title X, § 1003(b)(2), Sept. 24, 1983, 97 Stat. 657, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to agreements entered into after September 30, 1983.’’ SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. § 2006. Department of Defense Education Bene- fits 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 accu- mulation of funds in order to finance armed forces education liabilities on an actuarially sound basis. Page 1639 TITLE 10—ARMED FORCES § 2006 (b) In this section: (1) The term ‘‘armed forces education liabil- ities’’ 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 fol- lowing: (A) The present value of the future bene- fits payable from the Fund for amounts at- tributable to increased amounts of edu- cational assistance authorized under section 3015(d) of title 38 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 bene- fits payable from the Fund for amounts at- tributable to educational assistance author- ized 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 pe- riod— (i) enter a fourth year of active duty, in the case of persons eligible for basic edu- cational assistance under section 3011 of such title; or (ii) enter a period of service that will es- tablish 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 Depart- ment 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 assist- ance. (D) The present value of future benefits payable from the Fund for the Department of Defense portion of payments of edu- cational assistance under subchapter II of chapter 30 of title 38 attributable to in- creased usage of benefits as a result of trans- fers of entitlement to basic educational as- sistance under section 3020 of that title dur- ing such period. (E) The present value of future benefits payable from the Fund for educational as- sistance under paragraphs (3) and (4) of sec- tion 510(e) of this title to persons who during such period become entitled to such assist- ance. (F) The present value of any future bene- fits payable from the Fund for amounts at- tributable to increased amounts of edu- cational assistance authorized by section 3316 of title 38. (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 Sec- retary of Defense and the Secretary of the De- partment in which the Coast Guard is oper- ating 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 trans- fer from the Fund to the Secretary of Veterans Affairs such amounts as may be necessary to en- able the Secretary of Veterans Affairs to make required payments of armed forces education li- abilities. The Secretary of the Treasury, the Secretary of Defense, the Secretary of the De- partment 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 sub- section (h), amounts in the Fund may not be used for any purpose other than transfers as de- scribed 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 nor- mal cost for the next fiscal year. (3) If at the time of any such valuation there has been a change in benefits under an edu- cation 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 amorti- zation methodology and schedule for the liq- uidation 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 deter- mine 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 para- graphs (2), (3), and (4) the Secretary of Defense shall determine the amount needed to be appro- priated to the Department of Defense and the Department in which the Coast Guard is oper- ating 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 trans- mitted to Congress for the next fiscal year under section 1105 of title 31. The President may com- ment 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 Sec- retary of the Department in which the Coast Guard is operating shall pay into the Fund each month the amount that, based upon the most re- Page 1640 TITLE 10—ARMED FORCES § 2006 cent actuarial valuation of the education pro- grams 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 begin- ning 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 liabil- ity 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 actu- arial 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 sub- section shall be paid from appropriations avail- able for the pay of members of the armed forces under the jurisdiction of the Secretary con- cerned. (g) The Secretary of the Treasury shall invest such portion of the Fund as is not in the judg- ment of the Secretary required to meet current withdrawals. Such investments shall be in pub- lic debt securities with maturities suitable to the needs of the Fund, as determined by the Sec- retary, and bearing interest at rates determined by the Secretary, taking into consideration cur- rent 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. (Added Pub. L. 98–525, title VII, § 706(a)(1), Oct. 19, 1984, 98 Stat. 2568; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (6), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101–510, div. A, title XIII, § 1322(a)(2), title XIV, § 1484(j)(2), Nov. 5, 1990, 104 Stat. 1671, 1718; Pub. L. 103–337, div. A, title X, § 1070(e)(6), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, §§ 1501(c)(21), 1503(a)(17), Feb. 10, 1996, 110 Stat. 499, 512; Pub. L. 106–65, div. A, title V, § 550, Oct. 5, 1999, 113 Stat. 611; Pub. L. 107–107, div. A, title VI, § 654(b), Dec. 28, 2001, 115 Stat. 1157; Pub. L. 108–136, div. A, title V, § 535(b), Nov. 24, 2003, 117 Stat. 1474; Pub. L. 108–375, div. A, title V, § 527(b)(1), Oct. 28, 2004, 118 Stat. 1894; Pub. L. 109–364, div. A, title X, § 1071(a)(9), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 906(b)(2), Jan. 28, 2008, 122 Stat. 277; Pub. L. 111–377, title I, § 109(b)(2), Jan. 4, 2011, 124 Stat. 4120; Pub. L. 112–239, div. A, title X, § 1076(f)(23), Jan. 2, 2013, 126 Stat. 1953.) Editorial Notes AMENDMENTS 2013—Subsec. (b)(2)(F). Pub. L. 112–239 redesignated subpar. (E) relating to amounts attributable to in- creased amounts of educational assistance authorized by section 3316 of title 38 as (F). 2011—Subsec. (b)(1). Pub. L. 111–377, § 109(b)(2)(A), in- serted ‘‘or 33’’ after ‘‘chapter 30’’. Subsec. (b)(2)(E). Pub. L. 111–377, § 109(b)(2)(B), added subpar. (E) relating to amounts attributable to in- creased amounts of educational assistance authorized by section 3316 of title 38. 2008—Subsec. (c)(1). Pub. L. 110–181, § 906(b)(2)(A), sub- stituted ‘‘subsection (f)’’ for ‘‘subsection (g)’’. Subsec. (e). Pub. L. 110–181, § 906(b)(2)(B), (C), redesig- nated subsec. (f) as (e) and struck out former subsec. (e) which established in the Department of Defense a De- partment of Defense Education Benefits Board of Actu- aries. Subsec. (e)(5). Pub. L. 110–181, § 906(b)(2)(D), sub- stituted ‘‘subsection (f)’’ for ‘‘subsection (g)’’. Subsec. (f). Pub. L. 110–181, § 906(b)(2)(C), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (f)(2)(A). Pub. L. 110–181, § 906(b)(2)(E)(i), sub- stituted ‘‘subsection (e)(3)’’ for ‘‘subsection (f)(3)’’. Subsec. (f)(2)(B). Pub. L. 110–181, § 906(b)(2)(E)(ii), sub- stituted ‘‘subsection (e)(4)’’ for ‘‘subsection (f)(4)’’. Subsecs. (g), (h). Pub. L. 110–181, § 906(b)(2)(C), redesig- nated subsec. (h) as (g). Former subsec. (g) redesignated (f). 2006—Subsec. (b)(1). Pub. L. 109–364 inserted ‘‘of this title’’ after ‘‘1607’’ and struck out ‘‘of this title’’ before period at end. 2004—Subsec. (b)(1). Pub. L. 108–375, § 527(b)(1)(A), sub- stituted ‘‘chapters 1606 and 1607, including funds pro- vided by the Secretary of Homeland Security for edu- cation liabilities for the Coast Guard when it is not op- erating as a service in the Department of the Navy’’ for ‘‘chapter 1606’’. Subsec. (b)(2)(C). Pub. L. 108–375, § 527(b)(1)(B), sub- stituted ‘‘(including funds from the Department in which the Coast Guard is operating) for educational as- sistance under chapters 1606 and 1607’’ for ‘‘for edu- cational assistance under chapter 1606’’. 2003—Subsec. (b)(1). Pub. L. 108–136, § 535(b)(1), in- serted ‘‘paragraphs (3) and (4) of section 510(e) and’’ after ‘‘Department of Defense benefits under’’. Subsec. (b)(2)(E). Pub. L. 108–136, § 535(b)(2), added sub- par. (E). 2001—Subsec. (b)(2)(D). Pub. L. 107–107 added subpar. (D). 1999—Subsec. (a). Pub. L. 106–65, § 550(1), substituted ‘‘armed forces education liabilities’’ for ‘‘Department of Defense education liabilities’’. Subsec. (b)(1). Pub. L. 106–65, § 550(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘Department of Defense education liabil- ities’ means liabilities of the Department of Defense for benefits under chapter 30 of title 38 and for benefits under chapter 1606 of this title.’’ Subsec. (b)(2)(C). Pub. L. 106–65, § 550(3), inserted ‘‘De- partment of Defense’’ after ‘‘future’’ and substituted ‘‘chapter 1606’’ for ‘‘chapter 106’’. Subsec. (c)(1). Pub. L. 106–65, § 550(4), inserted ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ after ‘‘Defense’’. Subsec. (d). Pub. L. 106–65, § 550(5), substituted ‘‘armed forces’’ for ‘‘Department of Defense’’ and in- serted ‘‘the Secretary of the Department in which the Coast Guard is operating,’’ after ‘‘Secretary of De- fense,’’. Subsec. (f)(5). Pub. L. 106–65, § 550(6), inserted ‘‘and the Department in which the Coast Guard is operating’’ after ‘‘Department of Defense’’. Subsec. (g). Pub. L. 106–65, § 550(7), inserted ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ after ‘‘The Secretary of Defense’’ in pars. (1) and (2) and substituted ‘‘concerned’’ for ‘‘of a mili- tary department’’ in par. (3). 1996—Subsec. (b)(1). Pub. L. 104–106, § 1501(c)(21), sub- stituted ‘‘chapter 1606 of this title’’ for ‘‘chapter 106 of this title’’. Subsec. (b)(2)(B)(ii). Pub. L. 104–106, § 1503(a)(17), sub- stituted ‘‘section 3012 of such title’’ for ‘‘section 1412 of such title’’. 1994—Subsec. (b)(2). Pub. L. 103–337 substituted ‘‘sec- tion 3015(d)’’, ‘‘section 3011’’, and ‘‘section 3021(b)’’ for ‘‘section 1415(c)’’, ‘‘section 1411’’, and ‘‘section 1421(b)’’, respectively. 1990—Subsec. (d). Pub. L. 101–510, § 1484(j)(2), sub- stituted ‘‘enable the Secretary of Veterans Affairs’’ for ‘‘enable the Administrator’’. Page 1641 TITLE 10—ARMED FORCES § 2006a Subsec. (e)(3). Pub. L. 101–510, § 1322(a)(2), substituted ‘‘and shall recommend to the President and Congress’’ for ‘‘and report periodically, not less than once every four years, to the President and Congress on the status of the Fund and shall recommend’’. 1989—Subsec. (d). Pub. L. 101–189 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’ in first sentence and ‘‘Secretary of Vet- erans Affairs’’ for ‘‘Administrator’’ in second sentence. 1987—Subsec. (b). Pub. L. 100–26 inserted ‘‘The term’’ after each par. designation and substituted ‘‘normal’’ for ‘‘Normal’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title I, § 109(c), Jan. 4, 2011, 124 Stat. 4120, provided that: ‘‘The amendments made by this section [amending this section and section 3316 of Title 38, Veterans’ Benefits] shall take effect on August 1, 2011.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. FIRST PAYMENT INTO FUND Pub. L. 98–525, title VII, § 706(b), Oct. 19, 1984, 98 Stat. 2570, directed that first payment into Department of Defense Education Benefits Fund under this section be made not later than three months after Board of Actu- aries determined amounts needed to be paid into Fund for that portion of fiscal year 1985 beginning on July 1, 1985, with first payment in a lump sum equal to total of amounts that would have been paid to Fund each month between July 1, 1985, and time such first pay- ment was made. § 2006a. Assistance for education and training: availability of certain assistance for use only for certain programs of education (a) IN GENERAL.—Effective as of August 1, 2014, an individual eligible for assistance under a De- partment of Defense educational assistance pro- gram or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses in- curred for a program as follows: (1) An eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094). (2) In the case of a program designed to pre- pare individuals for licensure or certification in any State, if the program meets the in- structional curriculum licensure or certifi- cation requirements of such State. (3) In the case of a program designed to pre- pare individuals for employment pursuant to standards developed by a State board or agen- cy in an occupation that requires approval or licensure for such employment, if the program is approved or licensed by such State board or agency. (b) WAIVER.—The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense edu- cational assistance program or authority cov- ered by this chapter for educational expenses in- curred for a program of education that is not de- scribed in subsection (a) if the program— (1) is accredited and approved by a nation- ally or regionally recognized accrediting agen- cy or association recognized by the Depart- ment of Education; (2) was not an eligible program described in subsection (a) at any time during the most re- cent two-year period; (3) is a program that the Secretary deter- mines would further the purposes of the edu- cational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for as- sistance under such programs or authorities; and (4) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or in- directly on success in securing enrollments or financial aid to any persons or entities en- gaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students resid- ing in foreign countries who are not eligible to receive Federal student assistance. (c) DEFINITIONS.—In this section: (1) The term ‘‘Department of Defense edu- cational assistance programs and authorities covered by this section’’ means the programs and authorities as follows: (A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title. (B) The authority to pay tuition for off- duty training or education of members of the armed forces under section 2007 of this title. (C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title. (D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title. (E) Any other program or authority of the Department of Defense for assistance in edu-

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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

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

20 U.S.C. § 1088 — Definitions

**(a) Academic and award year** (1) For the purpose of any program under this subchapter, the term “award year” shall be defined as the period beginning July 1 and ending June 30 of the following year. (2) (A) For the purpose of any program under this subchapter, the term “academic year” shall— (i) require a minimum of 30 weeks of instructional time for a course of study that measures its program length in credit hours; or (ii) require a minimum of 26 weeks of instructional time for a course of study that measures its program length in clock hours; and (iii) require an undergraduate course of study to contain an amount of instructional time whereby a full-time student is expected to complete at least— (I) 24 semester or trimester hours or 36 quarter credit hours in a course of study that measures its program length in credit hours; or (II) 900 clock hours in a course of study that measures its program length in clock hours. (B) The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree and that measures program length in credit hours or clock hours. **(b) Eligible program** (1) For purposes of this subchapter, the term “eligible program” means a program of at least— (A) 600 clock hours of instruction, 16 semester hours, or 24 quarter hours, offered during a minimum of 15 weeks, in the case of a program that— (i) provides a program of training to prepare students for gainful employment in a recognized profession; and (ii) admits students who have not completed

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

20 U.S.C. § 1088 — Definitions

Page 632 TITLE 20—EDUCATION § 1088 the amendment made by this section shall take effect on July 1, 2009.’’ Pub. L. 110–84, title VI, § 604(b), Sept. 27, 2007, 121 Stat. 808, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall be effective on July 1, 2009.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. EFFECTIVE DATE OF 1998 AMENDMENTS Amendment by Pub. L. 105–244 effective Oct. 7, 1998, see section 480A of Pub. L. 105–244, set out as a note under section 1087kk of this title. Amendment by section 101(f) [title VIII, § 405(d)(15)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(12)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1993 AMENDMENTS Amendment by Pub. L. 103–208 effective as if included in t

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

20 U.S.C. § 1094 — Program participation agreements

**(a) Required for programs of assistance; contents** In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: (1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program. (2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance. (3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to— (A) the Secretary; (B) the appropriate guaranty agency; and (C) the appropriate accrediting agency or association. (4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibili

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

20 U.S.C. § 1094 — Program participation agreements

Page 701 TITLE 20—EDUCATION § 1094 Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’’. Subsec. (f)(3). Pub. L. 110–315, § 491, substituted ‘‘An- nual reports’’ for ‘‘Reports’’ in heading, in subpar. (B) redesignated cls. (i) and (ii) as subpars. (A) and (B), re- spectively, and adjusted their margins, and substituted ‘‘The Secretary shall provide reports to the authorizing committees on an annual basis’’ for former subpar. (A) which required Secretary to report to congressional committees on evaluations of demonstration programs and for introductory provisions of former subpar. (B) which related to additional annual reports. 1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section authorized Secretary to make grants to nonprofit private organi- zations to provide training for student financial aid ad- ministrators and TRIO personnel. 1992—Pub. L. 102–325 struck out ‘‘and student sup- port’’ after ‘‘aid’’ in section catchline and amended text generally, substituting present provisions for former subsec. (a) relating to program authority, subsec. (b) relating to use of funds, and subsec. (c) relating to au- thorization of appropriations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1093a. Articulation agreements (a) Definition In this section, the term ‘‘articulation agree- ment’’ means an agreement between or among institutions of higher education that specifies the acceptability of courses in transfer toward meeting sp

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