[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10226 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10226

To amend the Higher Education Act of 1965 to ensure that members of the 
  reserve components of the Armed Forces who perform duty other than 
   active duty for a period of more than 30 days receive appropriate 
 credit toward public service loan forgiveness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2024

Mr. Magaziner (for himself and Mr. Kelly of Mississippi) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to ensure that members of the 
  reserve components of the Armed Forces who perform duty other than 
   active duty for a period of more than 30 days receive appropriate 
 credit toward public service loan forgiveness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard and Reserve Student 
Loan Fairness Act''.

SEC. 2. SPECIAL RULE FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
              FORCES PERFORMING CERTAIN DUTY.

    Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 
1087e(m)) is amended by adding at the end the following:
            ``(5) Special rule for a member of the reserve components 
        of the armed forces performing certain duty.--
                    ``(A) Calculation of qualifying payments based on 
                months served.--With respect to a borrower who is a 
                member of a reserve component of an Armed Force, the 
                Secretary shall deem a month of covered duty (as 
                calculated under subparagraph (B)) to be a month for 
                which a qualifying payment was made under paragraph (1) 
                if--
                            ``(i) except as provided in subparagraph 
                        (D)(ii), for each month of such covered duty 
                        (as so calculated), during the year in which 
                        such month occurred, the borrower made a 
                        corresponding monthly payment on an eligible 
                        Federal Direct Loan; and
                            ``(ii) such corresponding monthly payment--
                                    ``(I) met the requirements of 
                                paragraph (1); or
                                    ``(II) in the case of a borrower 
                                not employed full-time in a public 
                                service job at the time the payment was 
                                made, such payment would have met the 
                                requirements of paragraph (1) had the 
                                borrower been employed full-time in a 
                                public service job at the time of such 
                                payment.
                    ``(B) Calculation of months of covered duty.--
                Except as provided in subparagraph (C), the number of 
                months that a borrower described in subparagraph (A) 
                shall be considered to have performed covered duty in a 
                year for purposes of subparagraph (A) shall be equal 
                to--
                            ``(i) the number days the member performed 
                        covered duty in such year, divided by
                            ``(ii) twenty; and
                            ``(iii) rounded to the nearest whole 
                        number.
                    ``(C) Minimum period.--A borrower described in 
                subparagraph (A) who performed covered duty for a total 
                period of less than 10 days in a year may not receive 
                credit for a qualifying monthly payment under this 
                paragraph.
                    ``(D) No annual cap on number of qualifying 
                payments credited to a borrower.--
                            ``(i) In general.--A borrower described in 
                        subparagraph (A) may receive credit for more 
                        than 12 qualifying monthly payments in a year 
                        if each such payment qualifies to be counted 
                        under this paragraph or paragraph (1).
                            ``(ii) Exception to requirement for 
                        corresponding monthly payment.--The requirement 
                        for a borrower to make a corresponding payment 
                        for each month credited as qualifying payment 
                        under this paragraph, as described in clauses 
                        (i) and (ii) of subparagraph (A), shall not 
                        apply to any qualifying payment in excess of 
                        the twelfth payment credited to a borrower for 
                        a year.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) The term `covered duty' means any 
                        Federal or State duty (including inactive duty 
                        training, active duty training, and active 
                        duty) performed by a member of a reserve 
                        component of an Armed Force, except such term 
                        does not include active duty for a period of 
                        more than 30 days.
                            ``(ii) The terms `Armed Force' and `active 
                        duty for a period of more than 30 days' have 
                        the meanings given those terms in section 101 
                        of title 10, United States Code.''.
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