---
kind: "section"
citation: "33 U.S.C. § 3079"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3079"
heading: "Student pre-commissioning education assistance program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3079"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter V — Rights and Benefits"
---

# §3079. Student pre-commissioning education assistance program

- (a) **Authority to provide financial assistance—** For the purpose of maintaining adequate numbers of [officers](/usc/33/3002.md?p=b-3) of the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) on [active duty](/usc/33/3002.md?p=b-1), the [Secretary](/usc/33/3002.md?p=b-6) may provide financial assistance to a person described in [subsection (b)](#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](/usc/33/3002.md?p=b-6) of Education) a program of education approved by the [Secretary](/usc/33/3002.md?p=b-6) 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)](#a) if the person—
    - (A) is enrolled on a full-time basis in a program of education referred to in [subsection (a)](#a) at any educational institution described in such subsection;
    - (B) meets all of the requirements for acceptance into the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) except for the completion of a baccalaureate degree; and
    - (C) enters into a written agreement with the [Secretary](/usc/33/3002.md?p=b-6) described in [paragraph (2)](#b-2).
  - (2) **Agreement—** A written agreement referred to in [paragraph (1)(C)](#b-1-C) is an agreement between the person and the [Secretary](/usc/33/3002.md?p=b-6) in which the person—
    - (A) agrees to accept an appointment as an [officer](/usc/33/3002.md?p=b-3), if tendered; and
    - (B) upon completion of the person’s educational program, agrees to serve on [active duty](/usc/33/3002.md?p=b-1), 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)](#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](/usc/33/3002.md?p=b-6) considers appropriate.
- (d) **Limitation on amount—** The [Secretary](/usc/33/3002.md?p=b-6) shall prescribe the amount of financial assistance provided to a person under [subsection (a)](#a), which may not exceed the amount specified in [section 2173(e)(2) of title 10](/usc/10/2173.md?p=e-2), for each year of obligated service that a person agrees to serve in an agreement described in [subsection (b)(2)](#b-2).
- (e) **Duration of assistance—** Financial assistance may be provided to a person under [subsection (a)](#a) for not more than five consecutive academic years.
- (f) **Subsistence allowance—**
  - (1) **In general—** A person who receives financial assistance under [subsection (a)](#a) shall be entitled to a monthly subsistence allowance at a rate prescribed under [paragraph (2)](#f-2) for the duration of the period for which the person receives such financial assistance.
  - (2) **Determination of amount—** The [Secretary](/usc/33/3002.md?p=b-6) shall prescribe monthly rates for subsistence allowance provided under [paragraph (1)](#f-1), which shall be equal to the amount specified in [section 2144(a) of title 10](/usc/10/2144.md?p=a).
- (g) **Initial clothing allowance—**
  - (1) **Training—** The [Secretary](/usc/33/3002.md?p=b-6) may prescribe a sum which shall be credited to each person who receives financial assistance under [subsection (a)](#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)](#a) and acceptance of appointment in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7), the person may be issued a subsequent clothing allowance equivalent to that normally provided to a newly appointed [officer](/usc/33/3002.md?p=b-3).
- (h) **Termination of financial assistance—**
  - (1) **In general—** The [Secretary](/usc/33/3002.md?p=b-6) shall terminate the assistance provided to a person under this section if—
    - (A) the [Secretary](/usc/33/3002.md?p=b-6) accepts a request by the person to be released from an agreement described in [subsection (b)(2)](#b-2);
    - (B) the misconduct of the person results in a failure to complete the period of [active duty](/usc/33/3002.md?p=b-1) required under the agreement; or
    - (C) the person fails to fulfill any term or condition of the agreement.
  - (2) **Reimbursement—** The [Secretary](/usc/33/3002.md?p=b-6) may require a person who receives assistance described in subsection [(c)](#c), [(f)](#f), or [(g)](#g) under an agreement entered into under [subsection (b)(1)(C)](#b-1-C) to reimburse the [Secretary](/usc/33/3002.md?p=b-6) 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](/usc/33/3002.md?p=b-1) bears to the total period of [active duty](/usc/33/3002.md?p=b-1) the [officer](/usc/33/3002.md?p=b-3) agreed to serve under the agreement.
  - (3) **Waiver—** The [Secretary](/usc/33/3002.md?p=b-6) may waive the service obligation of a person through an agreement entered into under [subsection (b)(1)(C)](#b-1-C) if the person—
    - (A) becomes unqualified to serve on [active duty](/usc/33/3002.md?p=b-1) in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) 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](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) 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](/usc/33/3002.md?p=b-6) imposed under [paragraph (2)](#h-2) is, for all purposes, a debt owed to the United States.
  - (5) **Discharge in bankruptcy—** A discharge in bankruptcy under [title 11](/usc/11.md) that is entered less than five years after the termination of a written agreement entered into under [subsection (b)(1)(C)](#b-1-C) does not discharge the person signing the agreement from a debt arising under such agreement or under [paragraph (2)](#h-2).
- (i) **Regulations—** The [Secretary](/usc/33/3002.md?p=b-6) may prescribe such regulations and orders as the [Secretary](/usc/33/3002.md?p=b-6) 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](/usc/33/3006.md).

## Source credit

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