33 USC 3079 - Student pre-commissioning education assistance program

U.S Code last checked for updates: Nov 22, 2024

§ 3079.

Student pre-commissioning education assistance program

(a)

Authority to provide financial assistance

For the purpose of maintaining adequate numbers of officers of the commissioned officer corps of the Administration on active duty, the Secretary may provide financial assistance to a person described in subsection (b) for expenses of the person while the person is pursuing on a full-time basis at an accredited educational institution (as determined by the Secretary of Education) a program of education approved by the Secretary that leads to—

(1)

a baccalaureate degree in not more than five academic years; or

(2)

a postbaccalaureate degree.

(b)

Eligible persons

(1)

In general

A person is eligible to obtain financial assistance under subsection (a) if the person—

(A)

is enrolled on a full-time basis in a program of education referred to in subsection (a) at any educational institution described in such subsection;

(B)

meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and

(C)

enters into a written agreement with the Secretary described in paragraph (2).

(2)

Agreement

A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person—

(A)

agrees to accept an appointment as an officer, if tendered; and

(B)

upon completion of the person’s educational program, agrees to serve on active duty, immediately after appointment, for—

(i)

up to three years if the person received less than three years of assistance; and

(ii)

up to five years if the person received at least three years of assistance.

(c)

Qualifying expenses

Expenses for which financial assistance may be provided under subsection (a) are the following:

(1)

Tuition and fees charged by the educational institution involved.

(2)

The cost of educational materials.

(3)

In the case of a program of education leading to a baccalaureate degree, laboratory expenses.

(4)

Such other expenses as the Secretary considers appropriate.

(d)

Limitation on amount

(e)

Duration of assistance

(f)

Subsistence allowance

(1)

In general

(2)

Determination of amount

(g)

Initial clothing allowance

(1)

Training

(2)

Appointment

(h)

Termination of financial assistance

(1)

In general

The Secretary shall terminate the assistance provided to a person under this section if—

(A)

the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2);

(B)

the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or

(C)

the person fails to fulfill any term or condition of the agreement.

(2)

Reimbursement

(3)

Waiver

The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person—

(A)

becomes unqualified to serve on active duty in the commissioned officer corps of the Administration because of a circumstance not within the control of that person; or

(B)

is—

(i)

not physically qualified for appointment; and

(ii)

determined to be unqualified for service in the commissioned officer corps of the Administration because of a physical or medical condition that was not the result of the person’s own misconduct or grossly negligent conduct.

(4)

Obligation as debt to United States

(5)

Discharge in bankruptcy

(i)

Regulations

(j)

Concurrent completion of service obligations

(Pub. L. 107–372, title II, § 269, as added Pub. L. 116–259, title II, § 203(a), Dec. 23, 2020, 134 Stat. 1163.)

cite as: 33 USC 3079