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10 U.S.C. § 2181 — Definitions

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10 U.S.C. § 2181 — Definitions

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Page 1722 TITLE 10—ARMED FORCES § 2181 on behalf of a member of the armed forces under this section are any 36 consecutive months dur- ing which the member is eligible under sub- section (b). (e) FUNDS FOR PAYMENTS.—Appropriations available for the pay and allowances of military personnel shall be available for payments under this section. (f) COORDINATION.—(1) The Secretary of De- fense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of the Department in which the Coast Guard is operating shall consult with the Sec- retary of Education regarding the administra- tion of the authority under this section. (2) The Secretary concerned shall transfer to the Secretary of Education the funds nec- essary— (A) to pay interest and special allowances on student loans under this section (in accord- ance with sections 428(o), 455(l), and 464(j) of the Higher Education Act of 1965 (20 U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and (B) to reimburse the Secretary of Education for any reasonable administrative costs in- curred by the Secretary in coordinating the program under this section with the adminis- tration of the student loan programs under parts B, D, and E of title IV of the Higher Edu- cation Act of 1965. (g) SPECIAL ALLOWANCE DEFINED.—In this sec- tion, the term ‘‘special allowance’’ means a spe- cial allowance that is payable under section 438 of the Higher Education Act of 1965 (20 U.S.C. 1087–1). (Added Pub. L. 107–314, div. A, title VI, § 651(a)(1), Dec. 2, 2002, 116 Stat. 2578.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- secs. (c) and (f)(2)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified to parts B (§ 1071 et seq.), D (§ 1087a et seq.), and E (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–314, div. A, title VI, § 651(e), Dec. 2, 2002, 116 Stat. 2581, provided that: ‘‘The amendments made by this section [enacting this section and amending sections 1078, 1087e, and 1087dd of Title 20, Education] shall apply with respect to interest, and any special al- lowance under section 438 of the Higher Education Act of 1965 [20 U.S.C. 1087–1], that accrue for months begin- ning on or after October 1, 2003, on student loans de- scribed in subsection (c) of section 2174 of title 10, United States Code (as added by subsection (a)), that were made before, on, or after such date to members of the Armed Forces who are on active duty (as defined in section 101(d) of title 10, United States Code) on or after that date.’’ 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. CHAPTER 110—EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND THEIR DEPENDENTS Sec. 2181. Definitions. 2182. Educational assistance: dependents of cap- tives. 2183. Educational assistance: former captives. 2184. Termination of assistance. 2185. Programs to be consistent with programs ad- ministered by the Department of Veterans Affairs. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510, div. A, title XIV, § 1484(i)(5), Nov. 5, 1990, 104 Stat. 1718, inserted ‘‘administered by’’ after ‘‘programs’’ in item 2185. 1989—Pub. L. 101–189, div. A, title XVI, § 1621(a)(7)(B), Nov. 29, 1989, 103 Stat. 1603, substituted ‘‘programs the Department of Veterans Affairs’’ for ‘‘programs admin- istered by the Veterans’ Administration’’ in item 2185. § 2181. Definitions In this chapter: (1) The terms ‘‘captive status’’ and ‘‘former captive’’ have the meanings given those terms in section 559 of title 37. (2) The term ‘‘dependent’’ has the meaning given that term in section 551 of that title. (Added Pub. L. 99–399, title VIII, § 806(d)(1), Aug. 27, 1986, 100 Stat. 887, and Pub. L. 100–26, § 7(k)(6), Apr. 21, 1987, 101 Stat. 284.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–26, substituted ‘‘The terms ‘cap- tive’ ’’ for ‘‘ ‘Captive’ ’’ in par. (1) and ‘‘The term ‘de- pendent’ ’’ for ‘‘ ‘Dependent’ ’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–399, title VIII, § 806(d)(3), Aug. 27, 1986, 100 Stat. 888, provided that: ‘‘Chapter 110 of title 10, United States Code, as added by paragraph (1), shall apply with respect to persons whose captive status begins after January 21, 1981.’’ § 2182. Educational assistance: dependents of captives (a) Under regulations prescribed by the Presi- dent, the Secretary concerned shall pay (by ad- vancement or reimbursement) a dependent of a person who is in a captive status for expenses in- curred, while attending an educational or train- ing institution, for— (1) subsistence; (2) tuition; (3) fees; (4) supplies; (5) books; (6) equipment; and (7) other educational expenses. (b) Except as provided in section 2184 of this title, payments shall be available under this sec-

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

10 U.S.C. § 2181 — Definitions

In this chapter: (1) The terms “captive status” and “former captive” have the meanings given those terms in [section 559 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section559&num=0&edition=prelim). (2) The term “dependent” has the meaning given that term in section 551 of that title.

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

20 U.S.C. § 1078 — Federal payments to reduce student interest costs

**(a) Federal interest subsidies** (1) **Types of loans that qualify** — Each student who has received a loan for study at an eligible institution for which the first disbursement is made before July 1, 2010, and— (A) which is insured by the Secretary under this part; or (B) which is insured under a program of a State or of a nonprofit private institution or organization which was contracted for, and paid to the student, within the period specified in paragraph (5), and which— (i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) of subsection (b)(1) and provides that repayment of such loan shall be in installments beginning not earlier than 60 days after the student ceases to pursue a course of study (as described in subparagraph (D) of subsection (b)(1)) at an eligible institution, or (ii) in the case of a loan insured after June 30, 1967, was made by an eligible lender and is insured under a program covered by an agreement made pursuant to subsection (b), shall be entitled to have paid on his or her behalf and for his or her account to the holder of the loan a portion of the interest on such loan under circumstances described in paragraph (2). (2) **Additional requirements to receive subsidy** (A) Each student qualifying for a portion of an interest payment under paragraph (1) shall— (i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which the student is in attendance, which— (I) sets forth the loan amount for which the student shows financial need; and (II) sets forth a schedule for disbursement of the proceeds of the loan in ins

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

20 U.S.C. § 1078 — Federal payments to reduce student inter-

Page 417 TITLE 20—EDUCATION § 1078 ‘‘(i) the average of the bond equivalent rates of 91- day Treasury bills auctioned during the 12 months ending on November 30 preceding such calendar year; plus ‘‘(ii) 3.75 percent.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–84 effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as a note under section 1070a 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 1998 AMENDMENT Pub. L. 105–244, title IV, § 416(c), Oct. 7, 1998, 112 Stat. 1682, provided that: ‘‘The amendments made by this section [amending this section and sections 1078–2, 1078–3, and 1087–1 of this title] shall apply with respect to any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.] for which the first disbursement is made on or after October 1, 1998, and before July 1, 2003, except that such amendments shall apply with respect to any loan made under section 428C of such Act [20 U.S.C. 1078–3] for which the application is received by an eligi- ble lender on or after October 1, 1998, and before July 1, 2003.’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 2(c)(5) of Pub. L. 103–208 effec- tive on and after Dec. 20, 1993, and amendment by sec- tion 2(c)(6)–(10) of Pub. L. 103–208 effective, except as otherwise provided, as if included in the Higher Edu- cation Amendments of 1992, Pub. L. 102–325, see section 5(a), (b)(2) of Pub. L. 103–208, set out as a note under section 1051 of this title. EFFECTIVE DATE O

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

20 U.S.C. § 1087 — Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow

**(a) Repayment in full for death and disability** (1) **In general** — If a student borrower who has received a loan described in subparagraph (A) or (B) of [section 1078(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1&num=0&edition=prelim) dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which— (A) a borrower received a discharge of liability under this subsection and after the discharge the borrower— (i) receives a loan made, insured, or guaranteed under this subchapter; or (ii) has earned income in excess of the poverty line; or (B) the Secretary determines the reinstatement and resumption to be necessary. (2) **Disability determinations** — A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of

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20 U.S.C. § 1087 — Repayment by Secretary of loans of bank-

Page 509 TITLE 20—EDUCATION § 1087 1 See References in Text note below. tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1087. Repayment by Secretary of loans of bank- rupt, deceased, or disabled borrowers; treat- ment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow (a) Repayment in full for death and disability (1) In general If a student borrower who has received a loan described in subparagraph (A) or (B) of section 1078(a)(1) of this title dies or becomes permanently and totally disabled (as deter- mined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provi- sion of this subsection, the Secretary may pro- mulgate regulations to reinstate the obliga- tion of, and resume collection on, loans dis- charged under this subsection in any case in which— (A) a borrower received a discharge of li- ability under this subsection and after the discharge the borrower— (i) receives a loan made, insured, or guaranteed under this subchapter; or (ii) has earned income in excess of the pover

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