176 
or Alaska Native Tribe, band, nation, pueblo, village, 
community, component band, or component reserva-
tion, individually identified (including parentheti-
cally) in the list published most recently as of the 
date of enactment of this subtitle pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
‘‘(7) NATIVE HAWAIIAN EDUCATION SYSTEM.— 
The term ‘Native Hawaiian education system’ means 
an entity eligible to receive direct grants or enter 
into contracts with the Secretary under section 6205 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7515) to carry out the authorized 
activities under that section. 
‘‘(8) QUALIFYING EDUCATOR.—Subject to sub-
section (i), the term ‘qualifying educator’ means— 
‘‘(A) an elementary or secondary school 
teacher who— 
‘‘(i) has obtained full State or Tribal 
certification and licensure requirements for 
such employment; and 
‘‘(ii) has not had such certification or 
licensure requirements waived on an emer-
gency, temporary, or provisional basis; 
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177 
‘‘(B) an early childhood educator who pro-
vides care or instruction to children; 
‘‘(C) a school leader of an elementary or 
secondary school who— 
‘‘(i) has obtained full State or Tribal 
certification and licensure requirements for 
such employment; and 
‘‘(ii) has not had such certification or 
licensure requirements waived on an emer-
gency, temporary, or provisional basis; or 
‘‘(D) an early childhood education program 
director (including a family child care provider). 
‘‘(9) QUALIFYING SERVICE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph 
(B), 
the 
term 
‘qualifying 
service’ 
means— 
‘‘(i) in the case of a qualifying educa-
tor described in subparagraph (A) or (C) 
of paragraph (8), employment as a full- 
time qualifying educator in a high need 
school; and 
‘‘(ii) in the case of a qualifying educa-
tor described in subparagraph (B) or (D) 
of paragraph (8), employment as a full- 
time qualifying educator in an early child-
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178 
hood education program (including school- 
based programs). 
‘‘(B) EXCEPTION.—In the case of a quali-
fying educator who is unable to complete a full 
school or program year of service, that year 
may still be counted toward the required quali-
fying service period under paragraphs (1) and 
(2) of subsection (c) if— 
‘‘(i) the qualifying educator completed 
at least one-half of the school or program 
year; 
‘‘(ii) the employer considers the quali-
fying educator to have fulfilled the contract 
requirements for the school or program 
year for the purposes of salary increases, 
tenure, and retirement; and 
‘‘(iii) the qualifying educator was un-
able to complete the school or program 
year because— 
‘‘(I) the qualifying educator re-
turned to postsecondary education, on 
at least a half-time basis, in an area 
of study directly related to the per-
formance of the qualifying service; 
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179 
‘‘(II) the qualifying educator ex-
perienced a condition described in sec-
tion 102 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612); 
‘‘(III) the qualifying educator 
was called or ordered to Federal or 
State active duty status, or Active 
Service as a member of a Reserve 
Component of the Armed Forces 
named in section 10101 of title 10, 
United States Code, or service as a 
member of the National Guard on 
full-time National Guard duty, as de-
fined in section 101(d)(5) of title 10, 
United States Code; or 
‘‘(IV) the qualifying educator re-
sides in or is employed in a disaster 
area, as declared by any Federal, 
State, or local official in connection 
with a national emergency. 
‘‘(10) SCHOOL
LEADER.—The term ‘school 
leader’ has the meaning given that term in section 
8101 of the Elementary and Secondary Education 
Act of 1965. 
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180 
‘‘(11) TRIBAL EARLY CHILDHOOD EDUCATION 
PROGRAM.—The term ‘Tribal early childhood edu-
cation program’ means any of the following pro-
grams: 
‘‘(A) An American Indian or Alaska Native 
Head Start or Early Head Start program car-
ried out under the Head Start Act (42 U.S.C. 
9831 et seq.). 
‘‘(B) A Tribal child care and development 
program carried out under the Child Care and 
Development Block Grant of 1990 (42 U.S.C. 
9858 et seq.). 
‘‘(C) A program serving children from 
birth through age 6 that— 
‘‘(i) receives funding support from the 
Native American language preservation 
and maintenance program carried out 
under section 803C of the Native Amer-
ican Programs Act of 1974 (42 U.S.C. 
2991b–3); 
‘‘(ii) is a Tribal prekindergarten pro-
gram; 
‘‘(iii) is a program authorized under 
section 619 or part C of the Individuals 
with Disabilities Education Act; or 
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181 
‘‘(iv) is a center-based or group-based 
early childhood learning or development 
program that the Secretary determines 
shall be included under this definition, 
after receiving a request from an Indian 
Tribe. 
‘‘(12) TRIBAL
EDUCATIONAL
AGENCY.—The 
term ‘Tribal educational agency’ has the meaning 
given the term (without respect to capitalization) in 
section 6132(b) of the Elementary and Secondary 
Education Act of 1965. 
‘‘(13) YEAR.—The term ‘year’, when applied to 
service as a qualifying educator, means a school or 
program year as defined by the Secretary or the 
Secretary of Health and Human Services, as appli-
cable. 
‘‘(i) SPECIAL RULE.—An educator that provides in-
struction or curricular development in an Alaska Native, 
American Indian, or Native Hawaiian language or a Na-
tive American language as defined in the Native American 
Languages Act (25 U.S.C. 2902) shall be considered to 
be a qualifying educator regardless of whether the educa-
tor has achieved full State or Tribal certification and licen-
sure requirements for such employment.’’. 
(c) EFFECTIVE DATE; PROGRAM NAME.— 
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182 
(1) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall take effect on the 
day that is 180 days after the date of enactment of 
this Act. 
(2) PROGRAM NAME.—The programs under sec-
tion 428J and 460 of the Higher Education Act of 
1965, as amended by subsections (a) and (b), shall 
be known as ‘‘Educator Loan Forgiveness Pro-
grams’’. 
(d) TECHNICAL AMENDMENT.—Section 455(m)(4) of 
the Higher Education Act of 1965 (20 U.S.C. 
1087e(m)(4)) is amended by striking ‘‘section 428J, 
428K, 428L, or 460’’ and inserting ‘‘section 428K or 
428L’’. 
(e) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall prepare and submit to Con-
gress a report containing information about the impact of 
the amendments made under this section, which shall in-
clude data on the participation rate of eligible borrowers, 
the dollar amount of benefits to participants, and the per-
formance of servicers. 
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183 
SEC. 7. LOAN CREDIT FOR EDUCATORS. 
(a) LOAN CREDIT FOR EDUCATORS.—Part D of title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 461. LOAN CREDIT FOR ELIGIBLE EDUCATORS. 
‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of 
this section to encourage individuals to enter and continue 
in the education profession. 
‘‘(b) PROGRAM AUTHORIZED.—Beginning not later 
than 1 year after the date of enactment of the EDU-
CATORS for America Act, the Secretary shall carry out 
a program of applying monthly credits in accordance with 
subsection (c) for covered loans for any new borrower on 
or after October 1, 1998, who is an eligible educator or 
who has a covered loan on behalf of an eligible educator 
in accordance with subsection (d)(1)(B). 
‘‘(c) QUALIFIED LOAN AMOUNTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AMOUNT OF CREDIT.—For every eli-
gible educator enrolled in an income contingent 
or income-based repayment plan (including 
plans 
under 
section 
493C 
or 
section 
455(d)(1)(D)), the Secretary shall apply a 
monthly credit for each month of covered serv-
ice (including past covered service on or after 
the date of enactment of the EDUCATORS for 
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184 
America Act) to the balance of interest and 
principal due on any covered loan for that eligi-
ble educator in an amount that, when added to 
the monthly payment required from the bor-
rower, would be equal to the monthly payment 
amount that would repay the borrower’s origi-
nal balance and accrued interest on the basis of 
a 10-year amortization schedule. 
‘‘(B) COVERED SERVICE.—With respect to 
monthly credits described in subparagraph (A), 
‘covered service’ means full-time employment as 
an educator beginning on or after the date of 
enactment of the EDUCATORS for America 
Act. 
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No 
borrower may, for the same voluntary service, re-
ceive a benefit under both this section and— 
‘‘(A) section 428K; or 
‘‘(B) subtitle D of title I of the National 
and Community Service Act of 1990 (42 U.S.C. 
12601 et seq.). 
‘‘(d) DEFINITIONS.— 
‘‘(1) COVERED LOAN.— 
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185 
‘‘(A) IN
GENERAL.—The term ‘covered 
loan’ means a loan that is not in default that 
is— 
‘‘(i) a Federal Direct Stafford Loan, a 
Federal 
Direct 
Unsubsidized 
Stafford 
Loan, or a Federal Direct PLUS Loan 
(which may include a loan to the parent of 
a dependent student), under this part; or 
‘‘(ii) a loan amount for a Federal Di-
rect Consolidation Loan only to the extent 
that such loan amount was used to repay 
a Federal Direct Stafford Loan, a Federal 
Direct Unsubsidized Stafford Loan, or a 
Federal Direct PLUS Loan (which may in-
clude a loan to the parent of a dependent 
student) under this part. 
‘‘(B) PARENT PLUS LOANS.— 
‘‘(i) PARENT PLUS LOAN ON BEHALF 
OF A STUDENT WHO IS AN ELIGIBLE EDU-
CATOR BORROWER.—A borrower of a par-
ent Federal Direct PLUS Loan issued on 
behalf of a student who is an eligible edu-
cator shall qualify for monthly credit and 
any other benefits under this section for 
the covered service of the student in the 
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186 
same manner and to the same extent as 
the student borrower qualifies for such 
monthly credit and other benefits. 
‘‘(ii) PARENT PLUS LOAN BORROWED 
BY A PARENT WHO IS AN ELIGIBLE EDUCA-
TOR.—The borrower of a parent Federal 
Direct PLUS Loan issued on behalf of a 
student who is not an eligible educator 
shall also qualify for the monthly credit 
and any other benefits under this section 
for covered service if that parent borrower 
is engaged in covered service and meets 
the requirements of this section. 
‘‘(2) ELIGIBLE EDUCATOR.—In this section, the 
term ‘eligible educator’ means an individual who— 
‘‘(A) is employed on a full-time basis as an 
educator, as defined under section 200; and 
‘‘(B) 
is 
not 
simultaneously 
receiving 
monthly loan cancellation benefits under section 
460. 
‘‘(3) YEAR.—For the purpose of this section, 
the term ‘year’ where applied to service as a teacher 
means an academic year as defined by the Sec-
retary.’’. 
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187 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall prepare and submit to Con-
gress a report containing information about the impact of 
the amendment made under subsection (a), which shall in-
clude data on the participation rate of eligible borrowers, 
the dollar amount of benefits to participants, and the per-
formance of servicers. 
Æ 
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