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10 U.S.C. § 2171 — Education loan repayment program: enlisted members on active duty in specified military specialties

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

10 U.S.C. § 2171 — Education loan repayment program: enlisted members on active duty in specified military specialties

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Source location: Title 10, Chapter 109, § 2171; chapter-109-educational-loan-repayment-programs.md

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**(a)** (1) Subject to the provisions of this section, the Secretary of Defense may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ([20 U.S.C. 1071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1071&num=0&edition=prelim) et seq.); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, [20 U.S.C. 1087a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087a&num=0&edition=prelim) et seq.); (C) any loan made under part E of such title ([20 U.S.C. 1087aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087aa&num=0&edition=prelim) et seq.); or (D) any loan incurred for educational purposes made by a lender that is— (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a non-profit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (2) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. **(b)** The portion or amount of a loan that may be repaid under subsection (a) is 33⅓ percent or $1,500, whichever is greater, for each year of service. **(c)** If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. **(d)** Nothing in this section shall be construed to authorize refunding any repayment of a loan. **(e)** A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(2)) to service making the person eligible for repayment of loans under [section 16301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16301&num=0&edition=prelim) (as described in subsection (a)(2) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned. **(f)** The Secretary of Defense shall, by regulation, prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and [section 16301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16301&num=0&edition=prelim) during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and [section 16301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16301/a&num=0&edition=prelim). **(g)** Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under [section 16301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16301&num=0&edition=prelim), a member of the armed forces who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. **(h)** The Secretary of Defense may prescribe, by regulations, procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member’s death or disability.

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

20 U.S.C. § 1087a — Program authority

**(a) In general** There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary (1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under [section 1087i–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087i-1&num=0&edition=prelim). Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions (and their parents). **(b) Designation** (1) **Program** — The program established under this part shall be referred to as the “William D. Ford Federal Direct Loan Program”. (2) **Direct loans** — Notwithstanding any other provision of this part, loans made to borrowers under this part that, except as otherwise specified in this part, have the same terms, conditions, and benefits as loans made to borrowers under [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078&num=0&edition=prelim), shall be known as “Federal Direct Stafford/Ford Loans”. **(c) Maximum aid** The maximum dollar amount of financial assistance provided under this part to a student shall not exceed the cost of attendance for such student.

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20 U.S.C. § 1071 — Statement of purpose; nondiscrimination; and appropriations authorized

**(a) Purpose; discrimination prohibited** (1) **Purpose** — The purpose of this part is to enable the Secretary— (A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)), (B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim), (C) to pay a portion of the interest on loans to qualified students which are insured under this part, and (D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim). (2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status. **(b) Authorization of appropriations** For the purpose of carrying out this part— (1) there are authorized to be appropriated to

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

20 U.S.C. § 1087aa — Appropriations authorized

**(a) Program authority** The Secretary shall carry out a program assisting in the maintenance of funds at institutions of higher education for the making of loans to undergraduate students in need to pursue their courses of study in such institutions or while engaged in programs of study abroad approved for credit by such institutions. Loans made under this part shall be known as “Federal Perkins Loans”. **(b) Authority to make loans** (1) **In general** (A) *Loans for new undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has no outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Loans, as referenced under subparagraphs (A) and (D) of [section 1087e(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/a/2&num=0&edition=prelim), for which such undergraduate student is eligible. (B) *Loans for current undergraduate Federal Perkins Loan borrowers* — Through September 30, 2017, an institution of higher education may make a loan under this part to an eligible undergraduate student who, on the date of disbursement of a loan made under this part, has an outstanding balance of principal or interest on a loan made under this part from the student loan fund established under this part by the institution, but only if the institution has awarded all Federal Direct Stafford Loans as referenced under [section 1087e(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=g

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

10 U.S.C. § 16301 — Education loan repayment program: members of Selected Reserve

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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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

10 U.S.C. § 2171 — Education loan repayment program: en-

Page 1719 TITLE 10—ARMED FORCES § 2171 (b) DEGREE GRANTING AUTHORITY.—The School of Nursing may include a program that awards a bachelor of science in nursing. (c) PHASED DEVELOPMENT.—The Secretary of Defense may develop the School of Nursing in phases as determined appropriate by the Sec- retary. (Added Pub. L. 111–84, div. A, title V, § 525(a)(2), Oct. 28, 2009, 123 Stat. 2286.) CHAPTER 109—EDUCATIONAL LOAN REPAYMENT PROGRAMS Sec. 2171. Education loan repayment program: enlisted members on active duty in specified mili- tary specialties. [2172. Renumbered.] 2173. Education loan repayment program: commis- sioned officers in specified health profes- sions. 2174. Interest payment program: members on ac- tive duty. Editorial Notes AMENDMENTS 2002—Pub. L. 107–314, div. A, title VI, § 651(a)(2), Dec. 2, 2002, 116 Stat. 2579, added item 2174. 1997—Pub. L. 105–85, div. A, title VI, § 651(b), Nov. 18, 1997, 111 Stat. 1803, added item 2173. 1994—Pub. L. 103–337, div. A, title XVI, § 1671(b)(13), Oct. 5, 1994, 108 Stat. 3014, added item 2171 and struck out former items 2171 ‘‘General educational loan repay- ment program’’ and 2172 ‘‘Education loans for certain health professionals who serve in the Selected Re- serve’’. § 2171. Education loan repayment program: en- listed members on active duty in specified military specialties (a)(1) Subject to the provisions of this section, the Secretary of Defense may repay— (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Edu- cation Act of 1965 (20 U.S.C. 1071 et seq.); (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Pro- gram, 20 U.S.C. 1087a et seq.); (C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or (D) any

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

20 U.S.C. § 1071 — Statement of purpose; nondiscrimination;

Page 392 TITLE 20—EDUCATION § 1070g–3 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n), to ‘highly qualified’, as defined in sec- tion 9101 of the Elementary and Secondary Education Act of 1965 [now section 8101, 20 U.S.C. 7801], with re- spect to a teacher, means that the teacher meets ap- plicable State certification and licensure require- ments, including any requirements for certification obtained through alternative routes to certification.’’ § 1070g–3. Program period and funding Beginning on July 1, 2008, there shall be avail- able to the Secretary to carry out this subpart, from funds not otherwise appropriated, such sums as may be necessary to provide TEACH Grants in accordance with this subpart to each eligible applicant. (Pub. L. 89–329, title IV, § 420O, as added Pub. L. 110–84, title I, § 104, Sept. 27, 2007, 121 Stat. 790.) § 1070g–4. Program report Not later than two years after August 14, 2008, and every two years thereafter, the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with re- spect to the schools and students served by re- cipients of such grants. Such report shall take into consideration information related to— (1) the number of TEACH grant recipients; (2) the degrees obtained by such recipients; (3) the location, including the school, local educational agency, and State, where the re- cipients completed the service agreed to under section 1070g–2(b) of this title and the subject taught; (4) the duration of such service; and (5) any other data necessary to conduct such evaluation. (Pub. L. 89–329, title IV, § 420P, as added Pub. L. 110–315, title IV, § 412(a)(2), Aug. 14, 2008, 122 Stat. 3227.) SUBPART 10—SCHO

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

20 U.S.C. § 1087a — Program authority

Page 554 TITLE 20—EDUCATION § 1087a PART D—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM Editorial Notes CODIFICATION Parts A to J of title IV of the Higher Education Act of 1965, Pub. L. 89–329 (‘‘the HEA’’), would typically have been classified to parts A to J of this subchapter. However, part C of title IV of the HEA could not be classified to part C of this subchapter when it was en- acted because it amended and related to various provi- sions of the Economic Opportunity Act of 1964, Pub. L. 88–452, which were classified to Title 42, The Public Health and Welfare. As a result, parts D to J of title IV of the HEA were editorially designated as parts C to I of this subchapter to fill the gap left in the Code by the absence of a part C. That original part C of title IV of the HEA was subsequently repealed, and part C of title I of the Economic Opportunity Act of 1964 was redesig- nated to become a new part C of title IV of the HEA. In order to merge the pieces of the HEA together after the redesignation and logically realign the part struc- ture of the HEA with that of the Code, part C of title IV of the HEA was editorially transferred from its original location in part C (§ 2751 et seq.) of subchapter I of chapter 34 of Title 42 to part C (§ 1087–51 et seq.) of this subchapter, and subsequent parts D to I of title IV of the HEA were redesignated as parts D to I of this subchapter. Part J of title IV of the HEA was omitted instead of redesignated as part J of this subchapter be- cause it had already been transferred to another part of the HEA. PRIOR PROVISIONS A prior part D, consisting of part E of title IV of Pub. L. 89–329, was redesignated part E of this subchapter. § 1087a. Program authority (a) In general There are hereby made availab

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

20 U.S.C. § 1087aa — Appropriations authorized

Page 579 TITLE 20—EDUCATION § 1087aa 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. 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 2004 AMENDMENT; TRANSITION RULE Amendment by section 3(b)(2) of Pub. L. 108–409 appli- cable only with respect to eligible individuals who are new borrowers (as defined in section 1003 of this title) on or after Oct. 1, 1998, see section 3(b)(3) of Pub. L. 108–409, as amended, set out as a note under section 1078–10 of this title. For transition rules relating to amendments made by section 3(a)(1)(B) of Pub. L. 108–409, see section 3(a)(2) of Pub. L. 108–409, set out as a note under section 1078–10 of this title. EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. PART E—FEDERAL PERKINS LOANS Editorial Notes CODIFICATION This part was added as part E of title IV of Pub. L. 89–329 by Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 273, and amended by Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97–301, Oct. 13, 1982, 96 Stat. 1400; Pub. L. 98–79, Aug. 15, 1983, 97 Stat. 476; Pub. L. 99–272, Apr. 7, 1986, 100 Stat. 82. Such part is shown herein, however, as having been added by Pub. L. 99–4

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