Cancellation of percentage of debt based on years of qualifying service
Reimbursement for cancellation
section 1087hh of this title1
Special rules
List
If the list of schools in which a teacher may perform service pursuant to subsection (a)(2)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
Continuing eligibility
Pub. L. 89–329, title IV, § 465Pub. L. 99–498, title IV, § 405(a)100 Stat. 1451Pub. L. 100–50, § 13(j)101 Stat. 349Pub. L. 100–369, § 7(c)102 Stat. 837Pub. L. 101–476, title IX, § 901(e)104 Stat. 1151Pub. L. 101–647, title XXI, § 2101(a)104 Stat. 4856Pub. L. 102–119, § 26(h)105 Stat. 607Pub. L. 102–325, title IV, § 465(a)106 Stat. 582Pub. L. 103–82, title I, § 102(c)(3)107 Stat. 824Pub. L. 103–208, § 2(f)(12)107 Stat. 2471Pub. L. 103–382, title III, § 391(e)(3)108 Stat. 4022Pub. L. 105–244, title IV, § 465112 Stat. 1728Pub. L. 108–446, title III, § 305(c)(1)118 Stat. 2805Pub. L. 110–315, title IV, § 465122 Stat. 3267Pub. L. 111–39, title IV, § 405(5)123 Stat. 1947Pub. L. 114–328, div. A, title VI, § 618(e)130 Stat. 2160(, as added , , ; amended , , ; , , ; , , ; , (b), , ; , , ; –(c), , , 583; , , ; –(14), (k)(7), , , 2486; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 89–1079 Stat. 27section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A)(i), (L), (M), is , , . Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 97–3595 Stat. 499section 9801 of Title 42The Head Start Act, referred to in subsec. (a)(2)(B), is subchapter B (§§ 635 to 657) of chapter 8 of subtitle A of title VI of , , , which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 87–29375 Stat. 612section 2501 of Title 22The Peace Corps Act, referred to in subsec. (a)(2)(E), is , , , which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 93–11387 Stat. 394section 4950 of Title 42The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(2)(E), is , , , which is classified principally to chapter 66 (§ 4950 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 101–610104 Stat. 3127section 12501 of Title 42The National and Community Service Act of 1990, referred to in subsec. (a)(6), is , , . Subtitle D of title I of the Act is classified generally to division D of subchapter I (§ 12601 et seq.) of chapter 129 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 1087aa of this titlePub. L. 114–105, § 2(a)(1)(B)129 Stat. 2219, referred to in subsec. (b), was amended by , , , which struck out subsec. (b) authorizing appropriations and added a new subsec. (b) authorizing institutions of higher education to make loans.
Codification
section 2(f)(14) of Pub. L. 103–208Pub. L. 102–325Pub. L. 102–325Pub. L. 103–82Amendment by (which was effective as if included in ) was executed to this section as amended by and , to reflect the probable intent of Congress.
Prior Provisions
Pub. L. 89–329, title IV, § 465Pub. L. 92–318, title I, § 137(b)86 Stat. 277Pub. L. 95–561, title XIII, § 132392 Stat. 2363Pub. L. 96–374, title IV94 Stat. 1440Pub. L. 99–498A prior section 1087ee, , as added , , ; amended , , ; , §§ 442(b)(6), 448(d), (e), title XIII, § 1391(a)(1), , , 1443, 1503, related to cancellation of loans for certain public service, prior to the general revision of this part by .
Amendments
Pub. L. 114–3282016—Subsec. (a)(2)(D). inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.
Pub. L. 111–392009—Subsec. (a)(6). substituted “12601” for “12571”.
Pub. L. 110–315, § 465(1)(A)2008—Subsec. (a)(2)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “as a full-time teacher for service in an academic year in a public or other nonprofit private elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 111(c) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total enrollment of that school;”.
Pub. L. 110–315, § 465(1)(B)Subsec. (a)(2)(B). , substituted “Head Start Act, or in a prekindergarten or child care program that is licensed or regulated by the State, that” for “Head Start Act which”.
Pub. L. 110–315, § 465(1)(C)Subsec. (a)(2)(C). , inserted “, including a system administered by an educational service agency” after “secondary school system”.
Pub. L. 110–315, § 465(1)(D)Subsec. (a)(2)(F). , added subpar. (F) and struck out former subpar. (F) which read as follows: “as a full-time law enforcement officer or corrections officer for service to local, State, or Federal law enforcement or corrections agencies;”.
Pub. L. 110–315, § 465(1)(E)Subsec. (a)(2)(J) to (M). –(G), added subpars. (J) to (M).
Pub. L. 110–315, § 465(2)(A)Subsec. (a)(3)(A)(i). , inserted “(D),” after “(C),” and substituted “(I), (J), (K), (L), or (M)” for “or (I)”.
Pub. L. 110–315, § 465(2)(B)Subsec. (a)(3)(A)(iii), (iv). –(D), redesignated cl. (iv) as (iii) and struck out former cl. (iii) which read as follows: “in the case of service described in subparagraph (D) of paragraph (2), not to exceed a total of 50 percent of such loan at the rate of 12½ percent for each year of qualifying service; or”.
Pub. L. 108–446section 1435(a)(10) of this title2004—Subsec. (a)(2)(C). made technical amendment to reference in original act which appears in text as reference to .
Pub. L. 105–244, § 465(1)(B)1998—Subsec. (a)(2). , substituted “section 1401” for “section 1401(a)(1)” in concluding provisions.
Pub. L. 105–244, § 465(1)(A)Subsec. (a)(2)(C). , substituted “section 1435(a)(10)” for “section 1476(b)(9)”.
Pub. L. 105–244, § 465(1)(C)Subsec. (a)(7). , added par. (7).
Pub. L. 105–244, § 465(2)Subsec. (b). , inserted at end “To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this subsection not later than 3 months after the institution files an institutional application for campus-based funds.”
Pub. L. 103–3821994—Subsec. (a)(2)(A). substituted “title I of the Elementary and Secondary Education Act of 1965” for “chapter 1 of the Education Consolidation and Improvement Act of 1981”.
Pub. L. 103–208, § 2(k)(7)Pub. L. 102–325, § 465(a)(1)1993—Subsec. (a)(2)(A). , amended . See 1992 Amendment note below.
Pub. L. 103–208, § 2(f)(12)Subsec. (a)(2)(D). , substituted “service” for “services”.
Pub. L. 103–208, § 2(f)(13)Subsec. (a)(2)(F). , struck out “or” after semicolon at end.
Pub. L. 103–208, § 2(f)(14)Subsec. (a)(6). , realigned margin. See Codification note above.
Pub. L. 103–82 added par. (6).
Pub. L. 102–325, § 465(a)(1)Pub. L. 103–208, § 2(k)(7)1992—Subsec. (a)(2)(A). , as amended by , struck out before semicolon at end “and such determination shall not be made with respect to more than 50 percent of the total number of schools in the State receiving assistance under such chapter 1”.
Pub. L. 102–325, § 465(a)(2)Subsec. (a)(2)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “as a full-time teacher of children with disabilities in a public or other nonprofit elementary or secondary school system;”.
Pub. L. 102–325, § 465(a)(3)Subsec. (a)(2)(G) to (I). –(5), added subpars. (G) to (I).
Pub. L. 102–325, § 465(b)Subsec. (a)(3)(A)(i). , substituted “(A), (C), (F), (G), (H), or (I)” for “(A), (C), or (F)”.
Pub. L. 102–325, § 465(c)Subsec. (c). , added subsec. (c).
Pub. L. 102–1191991—Subsec. (a)(2). substituted “1401(a)(1)” for “1401(1)” in last sentence. The references to section 1401 include the substitution of “Individuals with Disabilities Education Act” for “Education of the Handicapped Act” in the original.
Pub. L. 101–476, § 901(e)1990—Subsec. (a)(2). , substituted “children with disabilities” for “handicapped children” in two places.
Pub. L. 101–647, § 2101(a)Subsec. (a)(2)(F). , which directed amendment of subsec. (a)(2) by adding at the end a new subpar. (F), was executed by adding subpar. (F) after subpar. (E) and before last sentence to reflect the probable intent of Congress.
Pub. L. 101–647, § 2101(b)Subsec. (a)(3)(A)(i). , which directed amendment of subsec. (a)(3)(i) by substituting “(A), (C), or (F)” for “(A) or (C)”, was executed by making the substitution in subsec. (a)(3)(A)(i) to reflect the probable intent of Congress.
Pub. L. 100–3691988—Subsec. (a)(5). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Pub. L. 100–50, § 13(j)(1)1987—Subsec. (a)(2)(A). , (2), substituted “chapter 1 of the Education Consolidation and Improvement Act of 1981” for “title I of the Elementary and Secondary Education Act of 1965” and “such chapter 1” for “such title I”.
Pub. L. 100–50, § 13(j)(3)section 2809(a)(1) of title 42Subsec. (a)(2)(B). , substituted “the Head Start Act” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–244Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .
Effective Date of 1993 Amendments
Pub. L. 103–208Pub. L. 102–325section 5(a) of Pub. L. 103–208section 1051 of this titleAmendment by effective as if included in the Higher Education Amendments of 1992, , except as otherwise provided, see , set out as a note under .
Pub. L. 103–82section 123 of Pub. L. 103–82section 1701 of Title 16Amendment by effective , see , set out as a note under , Conservation.
Effective Date of 1990 Amendments
Pub. L. 101–647, title XXI, § 2101(c)104 Stat. 4856
Pub. L. 101–476, title X, § 1001104 Stat. 1151
Effective Date of 1987 Amendment
Pub. L. 100–50Pub. L. 99–498section 27 of Pub. L. 100–50section 1001 of this titleAmendment by effective as if enacted as part of the Higher Education Amendments of 1986, , see , set out as a note under .
Effective Date
section 2 of Pub. L. 99–498section 1001 of this titleSection effective , except as otherwise provided, see , set out as a note under .
section 405(b) of Pub. L. 99–498section 1087dd of this titleSubsection (a)(2)(E) of this section applicable only to loans made to cover the costs of instruction for periods of enrollment beginning on or after , to individuals who are new borrowers on that date, see , set out as a note under .