Sec. 403. Student pre-commissioning education assistance program
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Subtitle E ( 33 U.S.C. 3071 et seq. ), as amended by sections 401(a) and 402(a), is further amended by adding at the end the following: 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— a baccalaureate degree in not more than 5 academic years; or a postbaccalaureate degree. A person is eligible to obtain financial assistance under subsection
(a)if the person— 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; meets all of the requirements for acceptance into the commissioned officer corps of the Administration except for the completion of a baccalaureate degree; and enters into a written agreement with the Secretary described in paragraph (2). A written agreement referred to in paragraph (1)(C) is an agreement between the person and the Secretary in which the person agrees— to accept an appointment as an officer, if tendered; and upon completion of the person's educational program, agrees to serve on active duty, immediately after appointment, for— up to 3 years if the person received less than 3 years of assistance; and up to 5 years if the person received at least 3 years of assistance. Expenses for which financial assistance may be provided under subsection
(a)are the following: Tuition and fees charged by the educational institution involved. The cost of books. In the case of a program of education leading to a baccalaureate degree, laboratory expenses. Such other expenses as the Secretary considers appropriate. 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, United States Code, for each year of obligated service that a person agrees to serve in an agreement described in subsection (b)(2). Financial assistance may be provided to a person under subsection
(a)for not more than 5 consecutive academic years. 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. 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, United States Code. 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. 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. The Secretary shall terminate the assistance provided to a person under this section if— the Secretary accepts a request by the person to be released from an agreement described in subsection (b)(2); the misconduct of the person results in a failure to complete the period of active duty required under the agreement; or the person fails to fulfill any term or condition of the agreement. 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. The Secretary may waive the service obligation of a person through an agreement entered into under subsection (b)(1)(C) if the person— 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 is— not physically qualified for appointment; and 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. An obligation to reimburse the Secretary imposed under paragraph
(2)is, for all purposes, a debt owed to the United States. A discharge in bankruptcy under title 11, United States Code, that is entered less than 5 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). The Secretary may promulgate such regulations and orders as the Secretary considers appropriate to carry out this section. . The table of sections in section 1 of the Act entitled An Act to authorize the Hydrographic Service Improvement Act of 1998, and for other purposes ( Public Law 107–372 ), as amended by section 402(c), is further amended by inserting after the item relating to section 268 the following: Sec. 269. Student pre-commissioning education assistance program. .
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- Pub. L. 107-372
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