10 U.S.C. § 2173 — Education loan repayment program: com-

Page 1720 TITLE 10—ARMED FORCES [§ 2172 2011—Subsecs. (g), (h). Pub. L. 111–383 added subsecs. (g) and (h). 2006—Subsec. (a)(1)(D). Pub. L. 109–163, § 537(a), added subpar. (D). Subsec. (a)(2). Pub. L. 109–163, § 537(b), substituted ‘‘a member in an officer program or military specialty’’ for ‘‘an enlisted member in a military specialty’’. 1996—Subsec. (a)(1). Pub. L. 104–106 struck out ‘‘or’’ at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C). 1994—Pub. L. 103–337, § 1663(e)(6), substituted ‘‘Edu- cation loan repayment program: enlisted members on active duty in specified military specialties’’ for ‘‘Gen- eral educational loan repayment program’’ as section catchline. Subsec. (a)(1)(B). Pub. L. 103–337, § 1663(e)(1), struck out ‘‘or’’ after ‘‘(B)’’. Subsec. (a)(2). Pub. L. 103–337, § 1663(e)(2), substituted ‘‘case of any person for— ‘‘(A) service performed— ‘‘(i) as an enlisted member of the Selected Re- serve of the Ready Reserve of an armed force; and ‘‘(ii) in a reserve component and military spe- cialty specified by the Secretary of Defense; or ‘‘(B) service performed’’ and struck out at end ‘‘In the case of service described in clause (A) of the first sentence of this paragraph, the Secretary may repay a loan described in paragraph (1) only if the person to whom the loan was made per- formed such service after the loan was made.’’ Subsec. (b). Pub. L. 103–337, § 1663(e)(3), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The portion or amount of a loan that may be repaid under subsection (a) is— ‘‘(1) 15 percent or $500, whichever is greater, for each year of service, in the case of service described in subsection (a)(2)(A); or ‘‘(2) 331⁄3 percent or $1,500, whichever is greater, for each year of service, in the case of service described in subsection (a)(2)(B).’’ Subsec. (e). Pub. L. 103–337, § 1663(e)(4), substituted ‘‘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 (as described in subsection (a)(2) of that section)’’ for ‘‘Any individual who transfers from service described in clause (A) or (B) of subsection (a)(2) to service described in the other clause of such sub- section’’. Subsec. (f). Pub. L. 103–337, § 1663(e)(5), inserted ‘‘and section 16301 of this title’’ after ‘‘this section’’ and ‘‘and section 16301(a) of this title’’ after ‘‘subsection (a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE Pub. L. 99–145, title VI, § 671(b)(1), Nov. 8, 1985, 99 Stat. 663, provided that: ‘‘The authority provided under sec- tion 2171 of title 10, United States Code, as added by subsection (a), shall apply only— ‘‘(A) in the case of persons who enlist or reenlist in the Selected Reserve of the Ready Reserve of an Armed Force or enlist or reenlist for service on active duty after September 30, 1980; ‘‘(B) with respect to service performed after that date; and ‘‘(C) with respect to loans made after October 1, 1975.’’ [§ 2172. Renumbered § 16302] § 2173. Education loan repayment program: com- missioned officers in specified health profes- sions (a) AUTHORITY TO REPAY EDUCATION LOANS.— For the purpose of maintaining adequate num- bers of commissioned officers of the armed forces on active duty who are qualified in the various health professions, the Secretary of a military department may repay, in the case of a person described in subsection (b), a loan that— (1) was used by the person to finance edu- cation regarding a health profession; and (2) was obtained from a governmental enti- ty, private financial institution, school, or other authorized entity. (b) ELIGIBLE PERSONS.—To be eligible to ob- tain a loan repayment under this section, a per- son must— (1) satisfy one of the requirements specified in subsection (c); (2) be fully qualified for, or hold, an appoint- ment as a commissioned officer in one of the health professions; and (3) sign a written agreement to serve on ac- tive duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation. (c) ACADEMIC AND PROFESSIONAL REQUIRE- MENTS.—One of the following academic require- ments must be satisfied for purposes of deter- mining the eligibility of a person for a loan re- payment under this section: (1) The person is fully qualified in a health care profession that the Secretary of the mili- tary department concerned has determined to be necessary to meet identified skill short- ages. (2) The person is enrolled as a full-time stu- dent in the final year of a course of study at an accredited educational institution leading to a degree in a health profession other than medicine or osteopathic medicine. (3) The person is enrolled in the final year of an approved graduate program leading to spe- cialty qualification in medicine, dentistry, os- teopathic medicine, or other health profession. (4) The person is enrolled in the Armed Forces Health Professions Scholarship and Fi- nancial Assistance Program under subchapter I of chapter 105 of this title for a number of years less than is required to complete the normal length of the course of study required for the health profession concerned. (d) CERTAIN PERSONS INELIGIBLE.—Students of the Uniformed Services University of the Health Sciences established under section 2112 of this title are not eligible for the repayment of an education loan under this section. (e) LOAN REPAYMENTS.—(1) Subject to the lim- its established by paragraph (2), a loan repay- ment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by a person described in sub- section (b) for— (A) all educational expenses, comparable to all educational expenses recognized under sec- tion 2127(a) of this title for participants in the Page 1721 TITLE 10—ARMED FORCES § 2174 Armed Forces Health Professions Scholarship and Financial Assistance program; and (B) reasonable living expenses, not to exceed expenses comparable to the stipend paid under section 2121(d) of this title for participants in the Armed Forces Health Professions Scholar- ship and Financial Assistance program. (2) For each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(3), the Secretary of the mili- tary department concerned may pay not more than $60,000 on behalf of the person. This max- imum amount shall be increased annually by the Secretary of Defense effective October 1 of each year by the percentage equal to the percent increase in the average annual cost of edu- cational expenses and stipend costs of a single scholarship under the Armed Forces Health Pro- fessions Scholarship and Financial Assistance program. (f) ACTIVE DUTY SERVICE OBLIGATION.—(1) A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. The length of this obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans. (2) For persons on active duty before entering into the agreement, the active duty service obli- gation shall be served consecutively to any other obligation incurred under the agreement. (g) EFFECT OF FAILURE TO COMPLETE OBLIGA- TION.—(1) A commissioned officer who is relieved of the officer’s active duty obligation under this section before the completion of that obligation may be given, with or without the consent of the officer, any alternative obligation comparable to any of the alternative obligations authorized by section 2123(e) of this title for participants in the Armed Forces Health Professions Scholar- ship and Financial Assistance program. (2) An officer who does not complete the pe- riod of active duty specified in the agreement entered into under subsection (b)(3), or the al- ternative obligation imposed under paragraph (1), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (h) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion, including standards for qualified loans and authorized payees and other terms and condi- tions for the making of loan repayments. (Added Pub. L. 105–85, div. A, title VI, § 651(a), Nov. 18, 1997, 111 Stat. 1802; amended Pub. L. 107–314, div. A, title V, § 573, Dec. 2, 2002, 116 Stat. 2558; Pub. L. 109–163, div. A, title VI, § 687(c)(7), Jan. 6, 2006, 119 Stat. 3334; Pub. L. 109–364, div. A, title V, § 537(a), Oct. 17, 2006, 120 Stat. 2209; Pub. L. 111–383, div. A, title V, § 553, Jan. 7, 2011, 124 Stat. 4220; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(I), Dec. 12, 2017, 131 Stat. 1426.) Editorial Notes AMENDMENTS 2017—Subsec. (g)(2). Pub. L. 115–91 inserted ‘‘or 373’’ before ‘‘of title 37’’. 2011—Subsec. (c)(4). Pub. L. 111–383 added par. (4). 2006—Subsec. (e)(2). Pub. L. 109–364 substituted ‘‘$60,000’’ for ‘‘$22,000’’. Subsec. (g). Pub. L. 109–163 designated existing provi- sions as par. (1) and added par. (2). 2002—Subsec. (d). Pub. L. 107–314, § 573(a), substituted ‘‘Students’’ for ‘‘Participants of the Armed Forces Health Professions Scholarship and Financial Assist- ance program under subchapter I of chapter 105 of this title and students’’. Subsec. (e)(2). Pub. L. 107–314, § 573(b), struck out at end ‘‘The total amount that may be repaid on behalf of any person may not exceed an amount determined on the basis of a four-year active duty service obligation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title V, § 537(b), Oct. 17, 2006, 120 Stat. 2209, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 2173 of title 10, United States Code, on or after that date. ‘‘(2) PROHIBITION ON ADJUSTMENT.—The adjustment re- quired by the second sentence of section 2173(e)(2) of title 10, United States Code, to be made on October 1, 2006, shall not be made.’’ 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. § 2174. Interest payment program: members on active duty (a) AUTHORITY.—(1) The Secretary concerned may pay in accordance with this section the in- terest and any special allowances that accrue on one or more student loans of an eligible member of the armed forces. (2) The Secretary of a military department may exercise the authority under paragraph (1) only if approved by the Secretary of Defense and subject to such requirements, conditions, and restrictions as the Secretary of Defense may prescribe. (b) ELIGIBLE MEMBERS.—A member of the armed forces is eligible for the benefit under subsection (a) while the member— (1) is serving on active duty in fulfillment of the member’s first enlistment in the armed forces or, in the case of an officer, is serving on active duty and has not completed more than three years of service on active duty; (2) is the debtor on one or more unpaid loans described in subsection (c); and (3) is not in default on any such loan. (c) STUDENT LOANS.—The authority to make payments under subsection (a) may be exercised with respect to the following loans: (1) A 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.). (2) A loan made under part D of such title (20 U.S.C. 1087a et seq.). (3) A loan made under part E of such title (20 U.S.C. 1087aa et seq.). (d) MAXIMUM BENEFIT.—The months for which interest and any special allowance may be paid