14 U.S.C. § 709a : US Code - Section 709A: Reserve student pre-commissioning assistance program

Search 14 U.S.C. § 709a : US Code - Section 709A: Reserve student pre-commissioning assistance program

(a) The Secretary may provide financial assistance to an eligible
enlisted member of the Coast Guard Reserve, not on active duty, for
expenses of the member while the member is pursuing on a full-time
basis at an institution of higher education a program of education
approved by the Secretary that leads to -
(1) a baccalaureate degree in not more than 5 academic years;
or
(2) a post-baccalaureate degree.
(b)(1) To be eligible for financial assistance under this
section, an enlisted member of the Coast Guard Reserve shall -
(A) be enrolled on a full-time basis in a program of education
referred to in subsection (a) at any institution of higher
education; and
(B) enter into a written agreement with the Coast Guard
described in paragraph (2).
(2) A written agreement referred to in paragraph (1)(B) is an
agreement between the member and the Secretary in which the member
agrees -
(A) to accept an appointment as a commissioned officer in the
Coast Guard Reserve, if tendered;
(B) to serve on active duty for up to five years; and
(C) under such terms and conditions as shall be prescribed by
the Secretary, to serve in the Coast Guard Reserve until the
eighth anniversary of the date of the appointment.
(c) Expenses for which financial assistance may be provided under
this section are the following:
(1) Tuition and fees charged by the institution of higher
education involved.
(2) The cost of books.
(3) In the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
(4) Such other expenses as are deemed appropriate by the
Secretary.
(d) The amount of financial assistance provided to a member under
this section shall be prescribed by the Secretary, but may not
exceed $25,000 for any academic year.
(e) Financial assistance may be provided to a member under this
section for up to 5 consecutive academic years.
(f) A member who receives financial assistance under this section
may be ordered to active duty in the Coast Guard Reserve by the
Secretary to serve in a designated enlisted grade for such period
as the Secretary prescribes, but not more than 4 years, if the
member -
(1) completes the academic requirements of the program and
refuses to accept an appointment as a commissioned officer in the
Coast Guard Reserve when offered;
(2) fails to complete the academic requirements of the
institution of higher education involved; or
(3) fails to maintain eligibility for an original appointment
as a commissioned officer.
(g)(1) If a member requests to be released from the program and
the request is accepted by the Secretary, or if the member fails
because of misconduct to complete the period of active duty
specified, or if the member fails to fulfill any term or condition
of the written agreement required to be eligible for financial
assistance under this section, the financial assistance shall be
terminated. The Secretary may request the member to reimburse the
United States in an amount that bears the same ratio to the total
costs of the education provided to that member as the unserved
portion of active duty bears to the total period of active duty the
member agreed to serve. The Secretary shall have the option to
order such reimbursement without first ordering the member to
active duty. An obligation to reimburse the United States imposed
under this paragraph is a debt owed to the United States.
(2) The Secretary may waive the service obligated under
subsection (f) of a member who becomes unqualified to serve on
active duty due to a circumstance not within the control of that
member or who is not physically qualified for appointment and who
is determined to be unqualified for service as an enlisted member
of the Coast Guard Reserve due to a physical or medical condition
that was not the result of the member's own misconduct or grossly
negligent conduct.
(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered
into under subsection (b) does not discharge the individual signing
the agreement from a debt arising under such agreement or under
paragraph (1).
(h) As used in this section, the term "institution of higher
education" has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).