                 CHAPTER 74--TROOPS-TO-TEACHERS PROGRAM
 
Sec. 9305. Stipend and bonus for participants


(a) Stipend authorized

    (1) Subject to paragraph (2), the administering Secretary shall pay 
to each participant in the Troops-to-Teachers Program a stipend in an 
amount equal to $5,000.
    (2) The total number of stipends that may be paid under paragraph 
(1) in any fiscal year may not exceed 3,000.

(b) Bonus authorized

    (1) Subject to paragraph (2), the administering Secretary may, in 
lieu of paying a stipend under subsection (a) of this section, pay a 
bonus of $10,000 to each participant in the Troops-to-Teachers Program 
who agrees under section 9304(e) of this title to accept full-time 
employment as an elementary or secondary school teacher or vocational or 
technical teacher for not less than four years in a high need school.
    (2) The total number of bonuses that may be paid under paragraph (1) 
in any fiscal year may not exceed 1,000.
    (3) In this subsection, the term ``high need school'' means an 
elementary school or secondary school that meets one or more of the 
following criteria:
        (A) The school has a drop out rate that exceeds the national 
    average school drop out rate.
        (B) The school has a large percentage of students (as determined 
    by the Secretary of Education in consultation with the National 
    Assessment Governing Board) who speak English as a second language.
        (C) The school has a large percentage of students (as so 
    determined) who are at risk of educational failure by reason of 
    limited proficiency in English, poverty, race, geographic location, 
    or economic circumstances.
        (D) At least one-half of the students of the school are from 
    families with an income below the poverty line (as that term is 
    defined by the Office of Management and Budget and revised annually 
    in accordance with section 9902(2) of title 42) applicable to a 
    family of the size involved.
        (E) The school has a large percentage of students (as so 
    determined) who qualify for assistance under part B of the 
    Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
    seq.).
        (F) The school meets any other criteria established by the 
    administering Secretary in consultation with the National Assessment 
    Governing Board.

(c) Treatment of stipend and bonus

    Stipends and bonuses paid under this section shall be taken into 
account in determining the eligibility of the participant concerned for 
Federal student financial assistance provided under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 
et seq.]).

(d) Reimbursement under certain circumstances

    (1) If a participant in the Troops-to-Teachers Program fails to 
obtain teacher certification or licensure or employment as an elementary 
or secondary school teacher or vocational or technical teacher as 
required by the agreement under section 9304(e) of this title or 
voluntarily leaves, or is terminated for cause, from the employment 
during the four years of required service in violation of the agreement, 
the participant shall be required to reimburse the administering 
Secretary for any stipend paid to the participant under subsection (a) 
of this section in an amount that bears the same ratio to the amount of 
the stipend as the unserved portion of required service bears to the 
four years of required service.
    (2) If a participant in the Troops-to-Teachers Program who is paid a 
bonus under subsection (b) of this section fails to obtain employment 
for which the bonus was paid as required by the agreement under section 
9304(e) of this title, or voluntarily leaves or is terminated for cause 
from the employment during the four years of required service in 
violation of the agreement, the participant shall be required to 
reimburse the administering Secretary for any bonus paid to the 
participant under that subsection in an amount that bears the same ratio 
to the amount of the bonus as the unserved portion of required service 
bears to the four years of required service.
    (3) The obligation to reimburse the administering Secretary under 
this subsection is, for all purposes, a debt owing the United States. A 
discharge in bankruptcy under title 11, shall not release a participant 
from the obligation to reimburse the administering Secretary.
    (4) Any amount owed by a participant under this subsection shall 
bear interest at the rate equal to the highest rate being paid by the 
United States on the day on which the reimbursement is determined to be 
due for securities having maturities of ninety days or less and shall 
accrue from the day on which the participant is first notified of the 
amount due.

(e) Exceptions to reimbursement requirement

    A participant in the Troops-to-Teachers Program shall be excused 
from reimbursement under subsection (d) of this section if the 
participant becomes permanently totally disabled as established by sworn 
affidavit of a qualified physician. The administering Secretary may also 
waive reimbursement in cases of extreme hardship to the participant, as 
determined by the administering Secretary.

(f) Relationship to educational assistance under Montgomery GI Bill

    The receipt by a participant in the Troops-to-Teachers Program of 
any assistance under the program shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under chapter 30 of 
title 38 or chapter 1606 of title 10.

(Pub. L. 106-65, div. A, title XVII, Sec. 1705, Oct. 5, 1999, 113 Stat. 
821.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (b)(3)(E), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended. Part B of the Act is classified generally to 
subchapter II (Sec. 1411 et seq.) of chapter 33 of this title. For 
complete classification of this Act to the Code, see section 1400 of 
this title and Tables.
    The Higher Education Act of 1965, referred to in subsec. (c), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of the 
Act is classified generally to subchapter IV (Sec. 1070 et seq.) of 
chapter 28 of this title and part C (Sec. 2751 et seq.) of subchapter I 
of chapter 34 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1001 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 9304, 9308 of this title.
