§ 2173. Education loan repayment program: commissioned officers in specified health professions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title VI § 651(a) · 111 Stat. 1629

   Enacted · 10 U.S.C. § 2173

   Added Pub. L. 105–85, div. A, title VI, § 651(a), Nov. 18, 1997, 111 Stat. 1802

   Source evidence

   Code source credit
   Added Pub. L. 105–85, div. A, title VI, § 651(a), Nov. 18, 1997, 111 Stat. 1802

   Enacted provision · exact public law section
   (a) In General.— Chapter 109 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2173. Education loan repayment program: commissioned officers in specified health professions “(a) Authority To Repay Education Loans.— For the purpose of maintaining adequate numbers 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 education regarding a health profession; and “(2) was obtained from a governmental entity, private financial institution, school, or other authorized entity. “(b) Eligible Persons.— To be eligible to obtain a loan repayment under this section, a person must— “(1) satisfy one of the requirements specified in subsection (c); “(2) be fully qualified for, or hold, an appointment as a commissioned officer in one of the health professions; and “(3) sign a written agreement to serve on active 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 Requirements—One of the following academic requirements must be satisfied for purposes of determining the eligibility of a person for a loan repayment under this section: “(1) The person is fully qualified in a health care profession that the Secretary of the military department concerned has determined to be necessary to meet identified skill shortages. “(2) The person is enrolled as a full-time student 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 specialty qualification in medicine, dentistry, osteopathic medicine, or other health profession. “(d) Certain Persons Ineligible.— Participants of the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title and 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 limits established by paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by a person described in subsection (b) for— “(A) all educational expenses, comparable to all educational expenses recognized under section 2127(a) of this title for participants in the 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 Scholarship 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 military department concerned may pay not more than $22,000 on behalf of the person. This maximum amount shall Effective date. 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 educational expenses and stipend costs of a single scholarship under the Armed Forces Health Professions Scholarship and Financial Assistance program. 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. “(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 Regulations. 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 obligation shall be served consecutively to any other obligation incurred under the agreement. “(g) Effect of Failure To Complete Obligation.— 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 Scholarship and Financial Assistance program. “(h) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments.”.

2. 2002

   Pub. L. 107–314 § 573(a) · 116 Stat. 2458

   Substituted · 10 U.S.C. § 2173(d)

   Pub. L. 107–314, § 573(a), substituted “Students” for “Participants of the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title and students”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–314, § 573(a), substituted “Students” for “Participants of the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of this title and students”.

   Enacted provision · exact public law section
   (a) Eligible Persons.— Subsection (d) of section 2173 of title 10, United States Code, is amended by striking “Participants” and all that follows through “and students” and inserting “Students”.

3. 2002

   Pub. L. 107–314 § 573(b) · 116 Stat. 2458

   Struck · 10 U.S.C. § 2173(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Loan Repayment Amounts.— Subsection (e)(2) of such section is amended by striking the last sentence.

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 687(c)(7) · 119 Stat. 3136

   1. Amended · 10 U.S.C. § 2173(g)

      Pub. L. 109–163 designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 2173(g)

      Pub. L. 109–163 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 109–163 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (7) Education loan repayment program.— Subsection (g) of section 2173 of such title is amended— (A) by inserting “(1)” before “A commissioned officer”; and (B) by adding at the end the following new paragraph: “(2) An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation imposed under paragraph (1), shall be subject to the repayment provisions of section 303a(e) of title 37.” .

5. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title V § 537(a) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2173(e)(2)

   Pub. L. 109–364 substituted “$60,000” for “$22,000”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 109–364 substituted “$60,000” for “$22,000”.

   Enacted provision · exact public law section
   (a) Increase in Maximum Amount.— Section 2173(e)(2) of title 10, United States Code, is amended by striking “$22,000” and inserting “$60,000”.

   Effective date note
   Pub. L. 109–364, div. A, title V, § 537(b), Oct. 17, 2006, 120 Stat. 2209, provided that:

6. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title V § 553 · 124 Stat. 4137

   Added · 10 U.S.C. § 2173(c)(4)

   Pub. L. 111–383 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 111–383 added par. (4).

   Enacted provision · exact public law section
   SEC. 553. PARTICIPATION OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM RECIPIENTS IN ACTIVE DUTY HEALTH PROFESSION LOAN REPAYMENT PROGRAM.   Section 2173(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) The person is enrolled in the Armed Forces Health Professions Scholarship and Financial 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.” .

7. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title VI § 618(a)(1)(I) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 2173(g)(2)

   Pub. L. 115–91 inserted “or 373” before “of title 37”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 115–91 inserted “or 373” before “of title 37”.

   Enacted provision · exact public law section
   (I) Section 2173(g)(2).

8 of 8 references resolved to an enrolled provision