33 U.S.C. § 3034 — Officer candidates

submitted 6 years ago by Pub. L. 107-372 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section governs the number, appointment, discipline, agreements, and repayment obligations of officer candidates in the Administration’s basic officer training program.

(a) The Secretary decides how many officer candidates will be appointed. (b) The Secretary must issue appointment regulations covering age limits, selection methods, the service period before graduation from basic officer training, and all other appointment matters. (c) The Secretary may dismiss a candidate whose academics or conduct are unsatisfactory or who is not suited for a career in the commissioned officer corps. Candidates must follow disciplinary rules set by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. (d)(1) Each candidate must sign an agreement with the Secretary under section 3006(a)(2) about service in the commissioned officer corps. (2) The agreement must require the candidate to (A) complete the basic officer training course and (B), after graduation, accept an officer appointment if offered and serve at least four years on active duty immediately after appointment. (e) The Secretary must issue regulations, including standards for what breaches the agreement and procedures for deciding whether a breach occurred. (f) A candidate or former candidate who does not fulfill the service obligation is subject to section 3006(b)’s repayment rules.

the actual law source: uscode.house.gov ↗public domain

(a) Determination of number

The Secretary shall determine the number of appointments of officer candidates.

(b) Appointment

Appointment of officer candidates shall be made under regulations, which the Secretary shall prescribe, including regulations with respect to determining age limits, methods of selection of officer candidates, term of service as an officer candidate before graduation from the basic officer training program of the Administration, and all other matters affecting such appointment.

The Secretary may dismiss from the basic officer training program of the Administration any officer candidate who, during the officer candidate’s term as an officer candidate, the Secretary considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned officer corps of the Administration. Officer candidates shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(d) Agreement

(1) In general

Each officer candidate shall sign an agreement with the Secretary in accordance with section 3006(a)(2) of this title regarding the officer candidate’s term of service in the commissioned officer corps of the Administration.

(2) Elements

An agreement signed by an officer candidate under paragraph (1) shall provide that the officer candidate agrees to the following:

(A)

That the officer candidate will complete the course of instruction at the basic officer training program of the Administration.

(B)

That upon graduation from such program, the officer candidate—

(i)

will accept an appointment, if tendered, as an officer; and

(ii)

will serve on active duty for at least four years immediately after such appointment.

(e) Regulations

The Secretary shall prescribe regulations to carry out this section. Such regulations shall include—

(1)

standards for determining what constitutes a breach of an agreement signed under subsection (d)(1); and

(2)

procedures for determining whether such a breach has occurred.

(f) Repayment

An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under subsection (d) shall be subject to the repayment provisions of section 3006(b) of this title.

Source credit: (Pub. L. 107–372, title II, § 234, as added Pub. L. 116–259, title III, § 305(a), Dec. 23, 2020, 134 Stat. 1172.)

history & why it existsrecord from the source credit

2020Enacted · Pub. L. 107-372 · 134 Stat. 1172

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-372 on 2020-12-23.

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