Title 33Navigation and Navigable WatersRelease 119-73

§3079 Student pre-commissioning education assistance program

Title 33 › Chapter CHAPTER 43— - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS › Subchapter SUBCHAPTER V— - RIGHTS AND BENEFITS › § 3079

Last updated Apr 6, 2026|Official source

Summary

The Secretary can pay a person’s school costs while the person studies full time at an accredited school in a program the Secretary approves that leads to a bachelor’s degree (in no more than five academic years) or a post‑baccalaureate degree. To get this help the student must be full time, meet all officer entry rules except having the degree, and sign a written agreement. The help can cover tuition and fees, books and materials, lab costs for bachelor programs, and other things the Secretary approves. Aid can last no more than five consecutive academic years. The Secretary sets how much is paid per year of agreed service, but it cannot be more than the amount in 10 U.S.C. 2173(e)(2). Students also get a monthly living allowance equal to the rate in 10 U.S.C. 2144(a). The Secretary may give a payment for initial uniform and gear, and after the student becomes an officer they may get the normal new‑officer clothing allowance. The agreement requires the person to accept an officer appointment if offered and to serve on active duty after appointment: up to three years if they received less than three years of help, or up to five years if they received three or more years. The Secretary will stop help if the person is released from the agreement, fails to meet its terms, or is removed for misconduct. If the person leaves early, they may have to repay a share of the costs equal to the unserved portion of their agreed service. The Secretary can waive the service duty for reasons beyond the person’s control or for certain medical disqualifications not caused by misconduct. That repayment is a U.S. government debt, and a bankruptcy discharge entered less than five years after the agreement ends does not cancel it. The Secretary may make rules to run the program. Service under this agreement may run at the same time as service required under 10 U.S.C. 3006.

Full Legal Text

Title 33, §3079

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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)Financial assistance may be provided to a person under subsection (a) for not more than five consecutive academic years.
(f)(1)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)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)(1)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)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)(1)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)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)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)An obligation to reimburse the Secretary imposed under paragraph (2) is, for all purposes, a debt owed to the United States.
(5)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)The Secretary may prescribe such regulations and orders as the Secretary considers appropriate to carry out this section.
(j)A service obligation under this section may be completed concurrently with a service obligation under section 3006 of this title.

Reference

Citations & Metadata

Citation

33 U.S.C. § 3079

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73