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Title 10 — Armed Forces

Part III · Chapter 101 — Training Generally

§ 2006. Department of Defense Education Benefits Fund

Statutory text

(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 to persons who were not on active duty on , 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 , 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 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.

(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. 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Educational Assistance Act of 1984

    Pub. L. 98–525 title VII § 706(a)(1) · 98 Stat. 2492

    Enacted · 10 U.S.C. § 2006

    Added Pub. L. 98–525, title VII, § 706(a)(1), Oct. 19, 1984, 98 Stat. 2568

    Source evidence

    Code source credit
    Added Pub. L. 98–525, title VII, § 706(a)(1), Oct. 19, 1984, 98 Stat. 2568

    Enacted provision · exact public law section
    (1) Chapter 101 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 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 Department of Defense education liabilities on an actuarially sound basis. “(b) In this section: “(1) ‘Department of Defense education liabilities’ means liabilities of the Department of Defense for benefits under chapter Ante, pp. 2553, 2564. 30 of title 38 and for benefits under chapter 106 of this title. “(2) ‘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 Ante, p. 2557. 1415(c) 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 benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of Ante, p. 2558. 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 Ante, p. 2554. 1411 of such title; or “(ii) enter a period of service that will establish entitlement to such educational assistance under section 1421(b) of such title, in the case of persons eligible for basic educational assistance under section Ante, p. 2558. 1412 of such title. “(C) The present value of the future benefits payable from the Fund for educational assistance under chapter 106 Ante, p. 2564. of this title to persons who during such period become entitled to such assistance. “(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 under subsection (g). “(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 Administrator of Veterans’ Affairs such amounts as may be necessary to enable the Administrator to make required payments of Department of Defense education liabilities. The Secretary of the Treasury, the Secretary of Defense, and the Administrator 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) (A) There is established in the Department of Defense a Department of Defense Education Benefits Board of Actuaries, establishment. Department of Defense Education Benefits Board of Actuaries (hereinafter in this section referred to as the ‘Board’). The Board shall consist of three members, who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. “(B) (i) Except as provided in clause (ii), the members of the Board shall serve for a term of fifteen years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which his predecessor was appointed shall only serve until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason. “(ii) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and fifteen years, respectively, after the date of appointment, as designated by the Secretary of Defense at the time of appointment. “(C) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the 5 USC 5331. performance of duties vested in the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5. 5 USC 5703. Report. “(2) The Board shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary. “(3) The Board shall review valuations of the Fund under subsection Report. (f) and report periodically, not less than once every four years, to the President and Congress on the status of the Fund and shall recommend such changes as in the Board’s judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis. “(4) The Secretary shall keep, or cause to be kept, such records as Records. necessary for determining the actuarial status of the Fund. “(f) (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 for the next fiscal year President of U.S. for payments to be made to the Fund under subsection (g). The President shall include not less than the full amount so determined in the budget transmitted to Congress for the next fiscal year under 31 USC 1105. section 1105 of title 31. 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. “(g) (1) The Secretary of Defense 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 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 (f)(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 (f)(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 of a military department. “(h) 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.”.

  2. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(k)(2) · 101 Stat. 273

    1. Inserted · 10 U.S.C. § 2006(b)

      Pub. L. 100–26 inserted “The term” after each par. designation

    2. Substituted · 10 U.S.C. § 2006(b)

      Pub. L. 100–26 substituted “normal” for “Normal” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–26 inserted “The term” after each par. designation and substituted “normal” for “Normal” in par. (2).

    Enacted provision · exact public law section
    (2) Sections 976(a), 1045(e), 1587(a), 1621, 2006(b), 2120, 2213(e), 2232, 2302 (other than paragraph (3)), 2305a(d), 2350, 2362(e), 2394(c), 2397(a), 2397a(a), 2403(a), 2432(a), 2547(e), 2801(c), and 5001(a) are amended— (A) by inserting “The term” in each paragraph after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than in sections 1045(e), 2006(b)(1), 2213(e)(2), 2232(1), 2350(2), 2801(c)(3), 5001(a)(1), and 5001(a)(2)) so that the initial letter of such word is lower case.

  3. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1621(a)(2) · 103 Stat. 1352

    1. Substituted · 10 U.S.C. § 2006(d)

      Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” in second sentence

    2. Substituted · 10 U.S.C. § 2006(d)

      Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator” in second sentence

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” in first sentence and “Secretary of Veterans Affairs” for “Administrator” in second sentence.

    Enacted provision · exact public law section
    (2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).

  4. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 1484(j)(2) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 2006(d)

    Pub. L. 101–510, § 1484(j)(2), substituted “enable the Secretary of Veterans Affairs” for “enable the Administrator”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–510, § 1484(j)(2), substituted “enable the Secretary of Veterans Affairs” for “enable the Administrator”.

    Enacted provision · exact public law section
    (2) Section 2006(d) of such title is amended by striking out “Administrator” in the first sentence and inserting in lieu thereof “Secretary of Veterans Affairs”.

  5. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 § 1322(a)(2) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 2006(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Section 2006(e)(3) is amended by striking out “and report periodically” through “of the Fund and shall recommend” and inserting in lieu thereof “and shall recommend to the President and Congress”.

  6. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title X § 1070(e)(6) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 2006(b)(2)

    Pub. L. 103–337 substituted “section 3015(d)”, “section 3011”, and “section 3021(b)” for “section 1415(c)”, “section 1411”, and “section 1421(b)”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–337 substituted “section 3015(d)”, “section 3011”, and “section 3021(b)” for “section 1415(c)”, “section 1411”, and “section 1421(b)”, respectively.

    Enacted provision · exact public law section
    (6) Section 2006(b)(2) is amended by striking out “section 1415(c)”, “section 1411”, and “section 1421(b)” and inserting in lieu thereof “section 3015(d)”, “section 3011”, and “section 3021(b)”, respectively.

  7. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1501(c)(21) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2006(b)(1)

    Pub. L. 104–106, § 1501(c)(21), substituted “chapter 1606 of this title” for “chapter 106 of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–106, § 1501(c)(21), substituted “chapter 1606 of this title” for “chapter 106 of this title”.

    Enacted provision · exact public law section
    (21) Section 2006(b)(1) is amended by striking out “chapter 106 of this title” and inserting in lieu thereof “chapter 1606 of this title”.

  8. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1503(a)(17) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2006(b)(2)(B)(ii)

    Pub. L. 104–106, § 1503(a)(17), substituted “section 3012 of such title” for “section 1412 of such title”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B)(ii). Pub. L. 104–106, § 1503(a)(17), substituted “section 3012 of such title” for “section 1412 of such title”.

    Enacted provision · exact public law section
    (17) Section 2006(b)(2)(B)(ii) is amended by striking out “section 1412 of such title” and inserting in lieu thereof “section 3012 of such title”.

  9. Pub. L. 106–65 § 550(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 2006(a)

    Pub. L. 106–65, § 550(1), substituted “armed forces education liabilities” for “Department of Defense education liabilities”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–65, § 550(1), substituted “armed forces education liabilities” for “Department of Defense education liabilities”.

    Enacted provision · exact public law section
    (1) Subsection (a) is amended by striking “Department of Defense education liabilities” and inserting “armed forces education liabilities”.

  10. Pub. L. 106–65 § 550(2) · 113 Stat. 512

    Amended · 10 U.S.C. § 2006(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 liabilities’ means liabilities of the Department of Defense for benefits under chapter 30 of title 38 and for benefits under chapter 1606 of this title.”

    Source evidence

    Code amendment note
    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 liabilities’ means liabilities of the Department of Defense for benefits under chapter 30 of title 38 and for benefits under chapter 1606 of this title.”

    Enacted provision · exact public law section
    (2) Paragraph (1) of subsection (b) is amended to read as follows: “(1) The term ‘armed forces education liabilities’ means liabilities of the armed forces for benefits under chapter 30 of title 38 and for Department of Defense benefits under chapter 1606 of this title.”.

  11. Pub. L. 106–65 § 550(3) · 113 Stat. 512

    1. Inserted · 10 U.S.C. § 2006(b)(2)(C)

      Pub. L. 106–65, § 550(3), inserted “Department of Defense” after “future”

    2. Substituted · 10 U.S.C. § 2006(b)(2)(C)

      Pub. L. 106–65, § 550(3), substituted “chapter 1606” for “chapter 106”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 106–65, § 550(3), inserted “Department of Defense” after “future” and substituted “chapter 1606” for “chapter 106”.

    Enacted provision · exact public law section
    (3) Subsection (b)(2)(C) is amended— (A) by inserting “Department of Defense” after “future”; and (B) by striking “chapter 106” and inserting “chapter 1606”.

  12. Pub. L. 106–65 § 550(4) · 113 Stat. 512

    Inserted · 10 U.S.C. § 2006(c)(1)

    Pub. L. 106–65, § 550(4), inserted “and the Secretary of the Department in which the Coast Guard is operating” after “Defense”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) Subsection (c)(1) is amended by inserting “and the Secretary of the Department in which the Coast Guard is operating” after “Defense”.

  13. Pub. L. 106–65 § 550(5) · 113 Stat. 512

    1. Substituted · 10 U.S.C. § 2006(d)

      Pub. L. 106–65, § 550(5), substituted “armed forces” for “Department of Defense”

    2. Inserted · 10 U.S.C. § 2006(d)

      Pub. L. 106–65, § 550(5), inserted “the Secretary of the Department in which the Coast Guard is operating,” after “Secretary of Defense,”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–65, § 550(5), substituted “armed forces” for “Department of Defense” and inserted “the Secretary of the Department in which the Coast Guard is operating,” after “Secretary of Defense,”.

    Enacted provision · exact public law section
    (5) Subsection (d) is amended— (A) by striking “Department of Defense” and inserting “armed forces”; and (B) by inserting “the Secretary of the Department in which the Coast Guard is operating,” after “Secretary of Defense,”.

  14. Pub. L. 106–65 § 550(6) · 113 Stat. 512

    Inserted · 10 U.S.C. § 2006(f)(5)

    Pub. L. 106–65, § 550(6), inserted “and the Department in which the Coast Guard is operating” after “Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 106–65, § 550(6), inserted “and the Department in which the Coast Guard is operating” after “Department of Defense”.

    Enacted provision · exact public law section
    (6) Subsection (f)(5) is amended by inserting “and the Department in which the Coast Guard is operating” after “Department of Defense”.

  15. Pub. L. 106–65 § 550(7) · 113 Stat. 512

    1. Inserted · 10 U.S.C. § 2006(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)

    2. Substituted · 10 U.S.C. § 2006(g)

      Pub. L. 106–65, § 550(7), substituted “concerned” for “of a military department” in par. (3)

    Source evidence

    Code amendment note
    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 military department” in par. (3).

    Enacted provision · exact public law section
    (7) Subsection (g) is amended— (A) by inserting “and the Secretary of the Department in which the Coast Guard is operating” in paragraphs (1) and (2) after “The Secretary of Defense”; and (B) by striking “of a military department” in paragraph (3) and inserting “concerned”.

  16. An Act to revise, codify, and enact into law, title 10 of the United States Code, entitled ‘Armed Forces’, and title 32 of the United States Code, entitled ‘National Guard’

    Pub. L. 107–107 div. A title VI § 654(b) · 115 Stat. 1012

    Added · 10 U.S.C. § 2006(b)(2)(D)

    Pub. L. 107–107 added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(D). Pub. L. 107–107 added subpar. (D).

    Enacted provision · exact public law section
    (b) Treatment Under Department of Defense Education Benefits Fund.― Section 2006(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: “(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.”.

  17. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 535(b)(1) · 117 Stat. 1392

    Inserted · 10 U.S.C. § 2006(b)(1)

    Pub. L. 108–136, § 535(b)(1), inserted “paragraphs (3) and (4) of section 510(e) and” after “Department of Defense benefits under”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–136, § 535(b)(1), inserted “paragraphs (3) and (4) of section 510(e) and” after “Department of Defense benefits under”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “paragraphs (3) and (4) of section 510(e) and” after “Department of Defense benefits under”; and

  18. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 535(b)(2) · 117 Stat. 1392

    Added · 10 U.S.C. § 2006(b)(2)(E)

    Pub. L. 108–136, § 535(b)(2), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 108–136, § 535(b)(2), added subpar. (E).

    Enacted provision · exact public law section
    (2) in paragraph (2), by adding at the end the following new subparagraph: “(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 to persons who during such period become entitled to such assistance.” .

  19. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 527(b)(1)(A) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2006(b)(1)

    Pub. L. 108–375, § 527(b)(1)(A), substituted “chapters 1606 and 1607, 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” for “chapter 1606”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–375, § 527(b)(1)(A), substituted “chapters 1606 and 1607, 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” for “chapter 1606”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “chapter 1606” and inserting “chapters 1606 and 1607, 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”; and

  20. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 527(b)(1)(B) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2006(b)(2)(C)

    Pub. L. 108–375, § 527(b)(1)(B), substituted “(including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607” for “for educational assistance under chapter 1606”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 108–375, § 527(b)(1)(B), substituted “(including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607” for “for educational assistance under chapter 1606”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(C), by striking “for educational assistance under chapter 1606” and inserting “(including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607”.

  21. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(9) · 120 Stat. 2083

    1. Inserted · 10 U.S.C. § 2006(b)(1)

      Pub. L. 109–364 inserted “of this title” after “1607”

    2. Struck · 10 U.S.C. § 2006(b)(1)

      Pub. L. 109–364 struck out “of this title” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–364 inserted “of this title” after “1607” and struck out “of this title” before period at end.

    Enacted provision · exact public law section
    (9) Section 2006(b)(1) is amended— (A) by inserting “of this title” after “and 1607”; and (B) by striking “of this title” before the period at the end.

  22. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(A) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2006(c)(1)

    Pub. L. 110–181, § 906(b)(2)(A), substituted “subsection (f)” for “subsection (g)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 110–181, § 906(b)(2)(A), substituted “subsection (f)” for “subsection (g)”.

    Enacted provision · exact public law section
    (A) in subsection (c)(1), by striking “subsection (g)” and inserting “subsection (f)”;

  23. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(B) · 122 Stat. 3

    1. Redesignated · 10 U.S.C. § 2006(e)

      Pub. L. 110–181, § 906(b)(2)(B), (C), redesignated subsec. (f) as (e)

    2. Struck · 10 U.S.C. § 2006(e)

      Pub. L. 110–181, § 906(b)(2)(B), (C), struck out former subsec. (e) which established in the Department of Defense a Department of Defense Education Benefits Board of Actuaries

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–181, § 906(b)(2)(B), (C), redesignated subsec. (f) as (e) and struck out former subsec. (e) which established in the Department of Defense a Department of Defense Education Benefits Board of Actuaries.

    Enacted provision · exact public law section
    (B) by striking subsection (e);

  24. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(D) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2006(e)(5)

    Pub. L. 110–181, § 906(b)(2)(D), substituted “subsection (f)” for “subsection (g)”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 110–181, § 906(b)(2)(D), substituted “subsection (f)” for “subsection (g)”.

    Enacted provision · exact public law section
    (D) in subsection (e), as redesignated by subparagraph (C), by striking “subsection (g)” in paragraph (5) and inserting “subsection (f)”; and

  25. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(C) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2006(f)

    Pub. L. 110–181, § 906(b)(2)(C), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–181, § 906(b)(2)(C), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

    Enacted provision · exact public law section
    (C) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively;

  26. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(E)(i) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2006(f)(2)(A)

    Pub. L. 110–181, § 906(b)(2)(E)(i), substituted “subsection (e)(3)” for “subsection (f)(3)”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A). Pub. L. 110–181, § 906(b)(2)(E)(i), substituted “subsection (e)(3)” for “subsection (f)(3)”.

    Enacted provision · exact public law section
    (i) in paragraph (2)(A), by striking “subsection (f)(3)” and inserting “subsection (e)(3)”; and

  27. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(E)(ii) · 122 Stat. 3

    Substituted · 10 U.S.C. § 2006(f)(2)(B)

    Pub. L. 110–181, § 906(b)(2)(E)(ii), substituted “subsection (e)(4)” for “subsection (f)(4)”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B). Pub. L. 110–181, § 906(b)(2)(E)(ii), substituted “subsection (e)(4)” for “subsection (f)(4)”.

    Enacted provision · exact public law section
    (ii) in paragraph (2)(B), by striking “subsection (f)(4)” and inserting “subsection (e)(4)”.

  28. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 906(b)(2)(C) · 122 Stat. 3

    Redesignated · 10 U.S.C. § 2006(g); 10 U.S.C. § 2006(h)

    Pub. L. 110–181, § 906(b)(2)(C), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 110–181, § 906(b)(2)(C), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

    Enacted provision · exact public law section
    (C) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively;

  29. Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 § 109(b)(2)(A) · 124 Stat. 4106

    Inserted · 10 U.S.C. § 2006(b)(1)

    Pub. L. 111–377, § 109(b)(2)(A), inserted “or 33” after “chapter 30”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–377, § 109(b)(2)(A), inserted “or 33” after “chapter 30”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “or 33” after “chapter 30”; and

    Effective date note
    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.”

  30. Post-9/11 Veterans Educational Assistance Improvements Act of 2010

    Pub. L. 111–377 § 109(b)(2)(B) · 124 Stat. 4106

    Added · 10 U.S.C. § 2006(b)(2)(E)

    Pub. L. 111–377, § 109(b)(2)(B), added subpar. (E) relating to amounts attributable to increased amounts of educational assistance authorized by section 3316 of title 38

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 111–377, § 109(b)(2)(B), added subpar. (E) relating to amounts attributable to increased amounts of educational assistance authorized by section 3316 of title 38.

    Enacted provision · exact public law section
    (B) in paragraph (2), by adding at the end the following new subparagraph: “(E) 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.” .

    Effective date note
    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.”

  31. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(f)(23) · 126 Stat. 1632

    Redesignated · 10 U.S.C. § 2006(b)(2)(F)

    Pub. L. 112–239 redesignated subpar. (E) relating to amounts attributable to increased amounts of educational assistance authorized by section 3316 of title 38 as (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 112–239 redesignated subpar. (E) relating to amounts attributable to increased amounts of educational assistance authorized by section 3316 of title 38 as (F).

    Enacted provision · exact public law section
    (23) Section 2006(b)(2) is amended by redesignating the second subparagraph (E) (as added by section 109(b)(2)(B) of Public Law 111–377 (124 Stat. 4120), effective August 1, 2011) as subparagraph (F).

38 of 38 references resolved to an enrolled provision

Editorial Notes

Amendments1987–2013 · 13 rounds

2013

Subsec. (b)(2)(F). Pub. L. 112–239 redesignated subpar. (E) relating to amounts attributable to increased 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), inserted “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 increased amounts of educational assistance authorized by section 3316 of title 38.

2008

Subsec. (c)(1). Pub. L. 110–181, § 906(b)(2)(A), substituted “subsection (f)” for “subsection (g)”.

Subsec. (e). Pub. L. 110–181, § 906(b)(2)(B), (C), redesignated subsec. (f) as (e) and struck out former subsec. (e) which established in the Department of Defense a Department of Defense Education Benefits Board of Actuaries.

Subsec. (e)(5). Pub. L. 110–181, § 906(b)(2)(D), substituted “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), substituted “subsection (e)(3)” for “subsection (f)(3)”.

Subsec. (f)(2)(B). Pub. L. 110–181, § 906(b)(2)(E)(ii), substituted “subsection (e)(4)” for “subsection (f)(4)”.

Subsecs. (g), (h). Pub. L. 110–181, § 906(b)(2)(C), redesignated 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), substituted “chapters 1606 and 1607, 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” for “chapter 1606”.

Subsec. (b)(2)(C). Pub. L. 108–375, § 527(b)(1)(B), substituted “(including funds from the Department in which the Coast Guard is operating) for educational assistance under chapters 1606 and 1607” for “for educational assistance under chapter 1606”.

2003

Subsec. (b)(1). Pub. L. 108–136, § 535(b)(1), inserted “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 subpar. (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 liabilities’ 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 “Department 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 inserted “the Secretary of the Department in which the Coast Guard is operating,” after “Secretary of Defense,”.

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 military department” in par. (3).

1996

Subsec. (b)(1). Pub. L. 104–106, § 1501(c)(21), substituted “chapter 1606 of this title” for “chapter 106 of this title”.

Subsec. (b)(2)(B)(ii). Pub. L. 104–106, § 1503(a)(17), substituted “section 3012 of such title” for “section 1412 of such title”.

1994

Subsec. (b)(2). Pub. L. 103–337 substituted “section 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), substituted “enable the Secretary of Veterans Affairs” for “enable the Administrator”.

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 “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” in first sentence and “Secretary of Veterans 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), , 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 .”

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c), , 110 Stat. 498, provided that the amendment made by that section is effective as of , and as if included 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , 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 Organization 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), , 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 Actuaries determined amounts needed to be paid into Fund for that portion of fiscal year 1985 beginning on , with first payment in a lump sum equal to total of amounts that would have been paid to Fund each month between , and time such first payment was made.

Credits

1984–2013 · 14 acts
  1. 1984Added Pub. L. 98–525, title VII, § 706(a)(1), , 98 Stat. 2568
  2. 1987amended Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284
  3. 1989Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (6), , 103 Stat. 1603
  4. 1990Pub. L. 101–510, div. A, title XIII, § 1322(a)(2), title XIV, § 1484(j)(2), , 104 Stat. 1671, 1718
  5. 1994Pub. L. 103–337, div. A, title X, § 1070(e)(6), , 108 Stat. 2859
  6. 1996Pub. L. 104–106, div. A, title XV, §§ 1501(c)(21), 1503(a)(17), , 110 Stat. 499, 512
  7. 1999Pub. L. 106–65, div. A, title V, § 550, , 113 Stat. 611
  8. 2001Pub. L. 107–107, div. A, title VI, § 654(b), , 115 Stat. 1157
  9. 2003Pub. L. 108–136, div. A, title V, § 535(b), , 117 Stat. 1474
  10. 2004Pub. L. 108–375, div. A, title V, § 527(b)(1), , 118 Stat. 1894
  11. 2006Pub. L. 109–364, div. A, title X, § 1071(a)(9), , 120 Stat. 2398
  12. 2008Pub. L. 110–181, div. A, title IX, § 906(b)(2), , 122 Stat. 277
  13. 2011Pub. L. 111–377, title I, § 109(b)(2), , 124 Stat. 4120
  14. 2013Pub. L. 112–239, div. A, title X, § 1076(f)(23), , 126 Stat. 1953.
Show as published

(Added Pub. L. 98–525, title VII, § 706(a)(1), , 98 Stat. 2568; amended Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (6), , 103 Stat. 1603; Pub. L. 101–510, div. A, title XIII, § 1322(a)(2), title XIV, § 1484(j)(2), , 104 Stat. 1671, 1718; Pub. L. 103–337, div. A, title X, § 1070(e)(6), , 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, §§ 1501(c)(21), 1503(a)(17), , 110 Stat. 499, 512; Pub. L. 106–65, div. A, title V, § 550, , 113 Stat. 611; Pub. L. 107–107, div. A, title VI, § 654(b), , 115 Stat. 1157; Pub. L. 108–136, div. A, title V, § 535(b), , 117 Stat. 1474; Pub. L. 108–375, div. A, title V, § 527(b)(1), , 118 Stat. 1894; Pub. L. 109–364, div. A, title X, § 1071(a)(9), , 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 906(b)(2), , 122 Stat. 277; Pub. L. 111–377, title I, § 109(b)(2), , 124 Stat. 4120; Pub. L. 112–239, div. A, title X, § 1076(f)(23), , 126 Stat. 1953.)

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USLM identifier /us/usc/t10/s2006