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10 USC CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS

.

-HEAD-

CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS

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Sec.

16301. Education loan repayment program: enlisted members of

Selected Reserve with critical specialties.

16302. Education loan repayment program: health professions

officers serving in Selected Reserve with wartime critical

medical skill shortages.

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10 USC Sec. 16301 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS

-HEAD-

Sec. 16301. Education loan repayment program: enlisted members of

Selected Reserve with critical specialties

-STATUTE-

(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.); or

(C) any loan made under part E of such title (20 U.S.C. 1087aa

et seq.).

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 as an enlisted member

of the Selected Reserve of the Ready Reserve of an armed force in a

reserve component and 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 $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 the 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 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.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1663(d)(1), Oct.

5, 1994, 108 Stat. 3008; amended Pub. L. 104-106, div. A, title X,

Sec. 1079(b), Feb. 10, 1996, 110 Stat. 451; Pub. L. 106-65, div.

A, title VI, Sec. 676, Oct. 5, 1999, 113 Stat. 676; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

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REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (a)(1),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Parts

B, D, and E of title IV of the Act are classified to parts B (Sec.

1071 et seq.), C (Sec. 1087a et seq.), and D (Sec. 1087aa et seq.),

respectively, of subchapter IV of chapter 28 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20 and Tables.

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AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1999 - Subsec. (g). Pub. L. 106-65 added subsec. (g).

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).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2171 of this title.

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10 USC Sec. 16302 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL

ASSISTANCE PROGRAMS

CHAPTER 1609 - EDUCATION LOAN REPAYMENT PROGRAMS

-HEAD-

Sec. 16302. Education loan repayment program: health professions

officers serving in Selected Reserve with wartime critical

medical skill shortages

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense and

subject to the other provisions of this section, the Secretary

concerned may repay -

(1) a 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.);

(2) any loan made under part D of such title (the William D.

Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or

(3) a loan made under part E of such title (20 U.S.C. 1087aa et

seq.) after October 1, 1975;

(4) a health professions education loan made or insured under

part A of title VII of the Public Health Service Act (42 U.S.C.

292 et seq.) or under part B of title VIII of such Act (42 U.S.C.

297 et seq.); and

(5) a loan made, insured, or guaranteed through a recognized

financial or educational institution if that loan was used to

finance education regarding a health profession that the

Secretary of Defense determines to be critically needed in order

to meet identified wartime combat medical skill shortages.

(b) The Secretary concerned may repay loans described in

subsection (a) only in the case of a person who -

(1) performs satisfactory service as an officer in the Selected

Reserve of an armed force; and

(2) possesses professional qualifications, or is enrolled in a

program of education leading to professional qualifications, in a

health profession that the Secretary of Defense has determined to

be needed critically in order to meet identified wartime combat

medical skill shortages.

(c)(1) The amount of any repayment of a loan made under this

section on behalf of any person shall be determined on the basis of

each complete year of service that is described in subsection

(b)(1) and performed by the person after the date on which the loan

was made.

(2) Subject to paragraph (3), the amount of a loan that may be

repaid under this section on behalf of any person may not exceed

$20,000 for each year of service described in paragraph (1).

(3) The total amount that may be repaid on behalf of any person

under this section may not exceed $50,000.

(d) The authority provided in this section shall apply only in

the case of a person first appointed as a commissioned officer

before January 1, 2004.

-SOURCE-

(Added Pub. L. 99-145, title VI, Sec. 671(a)(1), Nov. 8, 1985, 99

Stat. 662, Sec. 2172; amended Pub. L. 100-180, div. A, title VII,

Sec. 713, Dec. 4, 1987, 101 Stat. 1112; Pub. L. 101-189, div. A,

title VII, Sec. 701(a)-(c), Nov. 29, 1989, 103 Stat. 1467; Pub. L.

102-484, div. A, title VI, Sec. 612(f), Oct. 23, 1992, 106 Stat.

2421; Pub. L. 103-160, div. A, title VI, Sec. 613(f), Nov. 30,

1993, 107 Stat. 1681; renumbered Sec. 16302 and amended Pub. L.

103-337, div. A, title VI, Sec. 613(e), title X, Sec. 1070(a)(9),

title XVI, Sec. 1663(d)(2), Oct. 5, 1994, 108 Stat. 2783, 2855,

3009; Pub. L. 104-106, div. A, title VI, Sec. 613(h), title X,

Sec. 1079(c), Feb. 10, 1996, 110 Stat. 360, 452; Pub. L. 104-201,

div. A, title VI, Sec. 613(g), Sept. 23, 1996, 110 Stat. 2544;

Pub. L. 105-85, div. A, title VI, Sec. 611(h), Nov. 18, 1997, 111

Stat. 1785; Pub. L. 105-261, div. A, title VI, Sec. 611(h), 654,

Oct. 17, 1998, 112 Stat. 2039, 2052; Pub. L. 106-65, div. A, title

VI, Sec. 611(h), Oct. 5, 1999, 113 Stat. 650; Pub. L. 106-398, Sec.

1 ((div. A), title VI, Sec. 621(h)), Oct. 30, 2000, 114 Stat. 1654,

1654A-151; Pub. L. 107-107, div. A, title VI, Sec. 611(h), Dec.

28, 2001, 115 Stat. 1135; Pub. L. 107-314, div. A, title VI, Sec.

612(b), Dec. 2, 2002, 116 Stat. 2567.)

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REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (a)(1)

to (3), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Parts B, D, and E of title IV of the Act are classified

to parts B (Sec. 1071 et seq.), C (Sec. 1087a et seq.), and D (Sec.

1087aa et seq.), respectively, of subchapter IV of chapter 28 of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 20

and Tables.

The Public Health Service Act, referred to in subsec. (a)(4), is

act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of

title VII of the Act is classified generally to part A (Sec. 292 et

seq.) of subchapter V of chapter 6A of Title 42, The Public Health

and Welfare. Part B of title VIII of the Act is classified

generally to part B (Sec. 297 et seq.) of subchapter VI of chapter

6A of Title 42. For complete classification of this Act to the

Code, see Short Title note set out under section 201 of Title 42

and Tables.

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AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 substituted ''January 1,

2004'' for ''January 1, 2003''.

2001 - Subsec. (d). Pub. L. 107-107 substituted ''January 1,

2003'' for ''January 1, 2002''.

2000 - Subsec. (d). Pub. L. 106-398 substituted ''January 1,

2002'' for ''January 1, 2001''.

1999 - Subsec. (d). Pub. L. 106-65 substituted ''January 1,

2001'' for ''January 1, 2000''.

1998 - Subsec. (b)(2). Pub. L. 105-261, Sec. 654(a), inserted '',

or is enrolled in a program of education leading to professional

qualifications,'' after ''possesses professional qualifications''.

Subsec. (c)(2). Pub. L. 105-261, Sec. 654(b)(1), substituted

''$20,000'' for ''$3,000''.

Subsec. (c)(3). Pub. L. 105-261, Sec. 654(b)(2), substituted

''$50,000'' for ''$20,000''.

Subsec. (d). Pub. L. 105-261, Sec. 611(h), substituted ''January

1, 2000'' for ''October 1, 1999''.

1997 - Subsec. (d). Pub. L. 105-85 substituted ''October 1,

1999'' for ''October 1, 1998''.

1996 - Subsec. (a)(2) to (5). Pub. L. 104-106, Sec. 1079(c),

added par. (2) and redesignated former pars. (2) to (4) as (3) to

(5), respectively.

Subsec. (d). Pub. L. 104-201 substituted ''October 1, 1998'' for

''October 1, 1997''.

Pub. L. 104-106, Sec. 613(h), substituted ''October 1, 1997'' for

''October 1, 1996''.

1994 - Pub. L. 103-337, Sec. 1663(d)(2), renumbered section 2172

of this title as this section and substituted ''Education loan

repayment program: health professions officers serving in Selected

Reserve with wartime critical medical skill shortages'' for

''Education loans for certain health professionals who serve in the

Selected Reserve'' as section catchline.

Subsec. (a)(3). Pub. L. 103-337, Sec. 1070(a)(9), substituted

''health professions education loan'' for ''health education

assistance loan'', ''part A'' for ''part C'', and ''42 U.S.C. 292''

for ''42 U.S.C. 294''.

Subsec. (d). Pub. L. 103-337, Sec. 613(e), substituted ''October

1, 1996'' for ''October 1, 1995''.

1993 - Subsec. (d). Pub. L. 103-160 substituted ''October 1,

1995'' for ''October 1, 1993''.

1992 - Subsec. (d). Pub. L. 102-484 substituted ''October 1,

1993'' for ''October 1, 1992''.

1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 701(c)(1), struck

out ''a portion of'' before ''a loan made''.

Subsec. (a)(4). Pub. L. 101-189, Sec. 701(a), added par. (4).

Subsec. (c)(2). Pub. L. 101-189, Sec. 701(c)(2), substituted

''amount of'' for ''portion of''.

Subsec. (d). Pub. L. 101-189, Sec. 701(b), substituted ''October

1, 1992'' for ''October 1, 1990''.

1987 - Subsec. (a)(3). Pub. L. 100-180, Sec. 713(a), inserted

''or under part B of title VIII of such Act (42 U.S.C. 297 et

seq.)''.

Subsec. (d). Pub. L. 100-180, Sec. 713(b), substituted ''October

1, 1990'' for ''October 1, 1988''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1663(d)(2) of 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

Section 671(b)(2) of Pub. L. 99-145 provided that: ''The

authority provided under section 2172 (now 16302) of title 10,

United States Code, as added by subsection (a), shall apply only -

''(A) in the case of a person who is first appointed as a

commissioned officer of an Armed Force after September 30, 1985;

and

''(B) with respect to service performed after that date.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 1087cc-1.

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