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

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 714 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense can repay federal and certain other education loans for people who serve in the Selected Reserve in specific officer programs or specialties. Each full year of service can wipe out 15% of the loan or $1,000, whichever is bigger, plus that year's interest. Someone who does not finish the required service may have to repay the benefit.

(a) (1) Subject to the rest of this section, the Secretary of Defense may repay: (A) loans made, insured, or guaranteed under Part B of Title IV of the Higher Education Act of 1965 (the old guaranteed student loan program); (B) loans made under Part D of that title (the William D. Ford Federal Direct Loan Program); (C) loans made under Part E of that title (Perkins-type loans); or (D) education loans made by a lender that is (i) a state agency or instrumentality, (ii) a financial or credit institution, including an insurance company, supervised by a federal or state regulator, (iii) a pension fund the Secretary has approved for this purpose, or (iv) a nonprofit private lender that a state designates, regulates, and the Secretary approves for this purpose. Repayment is based on each complete year of service the borrower performs. (2) The Secretary of Defense may repay these loans only for someone who serves in the Selected Reserve of the Ready Reserve, in an officer program or military specialty the Secretary of Defense specifies. The Secretary may repay a loan only if the person performed that service after the loan was made. (b) Each year of service can pay off the greater of 15% of the loan or $1,000, plus any interest that accrues during the current year. (c) If only part of a loan is repaid in a given year, interest on the rest keeps building and is paid the normal way. For this section, interest that built up in prior years counts as part of the total loan amount being repaid. (d) This section does not allow refunding of any loan repayment already made. (e) A person who switches during the year from service that qualifies them under this section to service that qualifies them under the similar loan-repayment program in section 2171 (or the reverse) is eligible to have a portion of the loan repaid, based on giving fractional credit for the part of the year served under each program, following the rules of the Secretary concerned. (f) The Secretary of Defense must, by regulation, set a schedule for dividing up available funds if, in a given year, there is not enough money to cover everyone eligible for repayment under this section and under section 2171(a). (g) The Secretary of Homeland Security may repay these loans and otherwise administer this section for members of the Coast Guard Reserve's Selected Reserve, when the Coast Guard is not operating as part of the Navy. (h) Except for a person described in subsection (e) who transfers to service under section 2171, a member of the armed forces who fails to complete the required period of service must repay the benefit, subject to the repayment rules of section 303a(e) or 373 of title 37. (i) The Secretary of Defense may issue regulations to carry out this section, including standards for which loans and payees qualify and other terms and conditions for loan repayments. These regulations may allow a lump-sum payment of a loan repayment owed under a written agreement that existed at the time of a member's death or disability.
the actual law source: uscode.house.gov ↗public domain
(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 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 et seq.);

(C)

any loan made under part E of such title (20 U.S.C. 1087aa 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 nonprofit private entity designated by a State, regulated by that 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 of Defense may repay loans described in paragraph (1) in the case of any person for service performed as a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty specified by the Secretary of Defense. The Secretary may repay such a loan only if the person to whom the loan was made performed such service after the loan was made.

(b)

The portion or amount of a loan that may be repaid under subsection (a) is 15 percent or $1,000, whichever is greater, for each year of service, plus the amount of any interest that may accrue during the current year.

(c)

If a portion of a loan is repaid under this section for any year, interest on the remainder of the loan shall accrue and be paid in the same manner as is otherwise required. For the purposes of this section, any interest that has accrued on the loan for periods before the current year shall be considered as within the total loan amount that shall be repaid.

(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 2171 of this title (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 2171 of this title during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 2171(a) of this title.

(g)

The Secretary of Homeland Security may repay loans described in subsection (a)(1) and otherwise administer this section in the case of members of the Selected Reserve of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy.

(h)

Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 2171 of this title, 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.

(i)

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.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1663(d)(1), Oct. 5, 1994, 108 Stat. 3008; amended Pub. L. 104–106, div. A, title X, § 1079(b), Feb. 10, 1996, 110 Stat. 451; Pub. L. 106–65, div. A, title VI, § 676, Oct. 5, 1999, 113 Stat. 676; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 534, Nov. 24, 2003, 117 Stat. 1474; Pub. L. 108–375, div. A, title V, § 526, Oct. 28, 2004, 118 Stat. 1890; Pub. L. 110–181, div. A, title VI, § 672(a)–(c)(1), Jan. 28, 2008, 122 Stat. 184, 185; Pub. L. 111–383, div. A, title V, § 552(b), Jan. 7, 2011, 124 Stat. 4220; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(P), Dec. 12, 2017, 131 Stat. 1426; Pub. L. 116–283, div. A, title V, § 515(a), Jan. 1, 2021, 134 Stat. 3589.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 3008
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 451
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 676
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1474
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1890
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 184, 185
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4220
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1426
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3589

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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