I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard and 

5 Reserve Student Loan Fairness Act’’. 


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1 SEC. 2. SPECIAL RULE FOR MEMBERS OF THE RESERVE 

2 COMPONENTS OF THE ARMED FORCES PER3 FORMING CERTAIN DUTY. 

4 Section 455(m) of the Higher Education Act of 1965 

5 (20 U.S.C. 1087e(m)) is amended by adding at the end 

6 the following: 

7 ‘‘(5) SPECIAL RULE FOR A MEMBER OF THE

8 RESERVE COMPONENTS OF THE ARMED FORCES

9 PERFORMING CERTAIN DUTY.— 

10 ‘‘(A) CALCULATION OF QUALIFYING PAY11 MENTS BASED ON MONTHS SERVED.—With re12 spect to a borrower who is a member of a re13 serve component of an Armed Force, the Sec14 retary shall deem a month of covered duty (as 

15 calculated under subparagraph (B)) to be a 

16 month for which a qualifying payment was 

17 made under paragraph (1) if— 

18 ‘‘(i) except as provided in subpara19 graph (D)(ii), for each month of such cov20 ered duty (as so calculated), during the 

21 year in which such month occurred, the 

22 borrower made a corresponding monthly 

23 payment on an eligible Federal Direct 

24 Loan; and 

25 ‘‘(ii) such corresponding monthly pay26 ment— 


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1 ‘‘(I) met the requirements of 

2 paragraph (1); or 

3 ‘‘(II) in the case of a borrower 

4 not employed full-time in a public 

5 service job at the time the payment 

6 was made, such payment would have 

7 met the requirements of paragraph 

8 (1) had the borrower been employed 

9 full-time in a public service job at the 

10 time of such payment. 

11 ‘‘(B) CALCULATION OF MONTHS OF COV12 ERED DUTY.—Except as provided in subpara13 graph (C), the number of months that a bor14 rower described in subparagraph (A) shall be 

15 considered to have performed covered duty in a 

16 year for purposes of subparagraph (A) shall be 

17 equal to— 

18 ‘‘(i) the number days the member per19 formed covered duty in such year, divided 

20 by 

21 ‘‘(ii) twenty; and 

22 ‘‘(iii) rounded to the nearest whole 

23 number. 

24 ‘‘(C) MINIMUM PERIOD.—A borrower de25 scribed in subparagraph (A) who performed 


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1 covered duty for a total period of less than 10 

2 days in a year may not receive credit for a 

3 qualifying monthly payment under this para4 graph. 

5 ‘‘(D) NO ANNUAL CAP ON NUMBER OF

6 QUALIFYING PAYMENTS CREDITED TO A BOR7 ROWER.— 

8 ‘‘(i) IN GENERAL.—A borrower de9 scribed in subparagraph (A) may receive 

10 credit for more than 12 qualifying monthly 

11 payments in a year if each such payment 

12 qualifies to be counted under this para13 graph or paragraph (1). 

14 ‘‘(ii) EXCEPTION TO REQUIREMENT

15 FOR CORRESPONDING MONTHLY PAY16 MENT.—The requirement for a borrower to 

17 make a corresponding payment for each 

18 month credited as qualifying payment 

19 under this paragraph, as described in 

20 clauses (i) and (ii) of subparagraph (A), 

21 shall not apply to any qualifying payment 

22 in excess of the twelfth payment credited 

23 to a borrower for a year. 

24 ‘‘(E) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) The term ‘covered duty’ means 

2 any Federal or State duty (including inac3 tive duty training, active duty training, 

4 and active duty) performed by a member 

5 of a reserve component of an Armed Force, 

6 except such term does not include active 

7 duty for a period of more than 30 days. 

8 ‘‘(ii) The terms ‘Armed Force’ and 

9 ‘active duty for a period of more than 30 

10 days’ have the meanings given those terms 

11 in section 101 of title 10, United States 

12 Code.’’. 

Æ 


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