### §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

The Secretary shall prescribe the amount of financial assistance provided to a person under subsection (a), which may not exceed the amount specified in section 2173(e)(2) of title 10, for each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(2).

#### (e) Duration of assistance

Financial assistance may be provided to a person under subsection (a) for not more than five consecutive academic years.

#### (f) Subsistence allowance

#### (1) In general

A person who receives financial assistance under subsection (a) shall be entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) for the duration of the period for which the person receives such financial assistance.

#### (2) Determination of amount

The Secretary shall prescribe monthly rates for subsistence allowance provided under paragraph (1), which shall be equal to the amount specified in section 2144(a) of title 10.

#### (g) Initial clothing allowance

#### (1) Training

The Secretary may prescribe a sum which shall be credited to each person who receives financial assistance under subsection (a) to cover the cost of the person's initial clothing and equipment issue.

#### (2) Appointment

Upon completion of the program of education for which a person receives financial assistance under subsection (a) and acceptance of appointment in the commissioned officer corps of the Administration, the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed officer.

#### (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

The Secretary may require a person who receives assistance described in subsection (c), (f), or (g) under an agreement entered into under subsection (b)(1)(C) to reimburse the Secretary in an amount that bears the same ratio to the total costs of the assistance provided to that person as the unserved portion of active duty bears to the total period of active duty the officer agreed to serve under the agreement.

#### (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

An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States.

#### (5) Discharge in bankruptcy

A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (b)(1)(C) does not discharge the person signing the agreement from a debt arising under such agreement or under paragraph (2).

#### (i) Regulations

The Secretary may prescribe such regulations and orders as the Secretary considers appropriate to carry out this section.

#### (j) Concurrent completion of service obligations

A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title.

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