Sec. 305. Officer candidates
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Subtitle B ( 33 U.S.C. 3021 et seq.) is amended by adding at the end the following: The Secretary shall determine the number of appointments of officer candidates. 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 program, 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.
Each officer candidate shall sign an agreement with the Secretary in accordance with section 216(a)(2) regarding the officer candidate's term of service in the commissioned officer corps of the Administration. An agreement signed by an officer candidate under paragraph
(1)shall provide that the officer candidate agrees to the following: That the officer candidate will complete the course of instruction at the basic officer training program of the Administration. That upon graduation from the such program, the officer candidate— will accept an appointment, if tendered, as an officer; and will serve on active duty for at least 4 years immediately after such appointment. The Secretary shall prescribe regulations to carry out this section. Such regulations shall include— standards for determining what constitutes a breach of an agreement signed under such subsection (d)(1); and procedures for determining whether such a breach has occurred. An officer candidate or former officer candidate who does not fulfill the terms of the obligation to serve as specified under section
(d)shall be subject to the repayment provisions of section 216(b). . The table of contents in section 1 of the Hydrographic Services Improvement Act Amendments of 2002 ( Public Law 107–372 ), as amended by this Act, is further amended by inserting after the item relating to section 233 the following: Sec. 234. Officer candidates. . Section 212(b) ( 33 U.S.C. 3002(b) ) is amended by inserting after paragraph
(6)the following: The term officer candidate means an individual who is enrolled in the basic officer training program of the Administration and is under consideration for appointment as an officer under section 221(a)(2)(A). . Section 203 of title 37, United States Code, is amended by adding at the end the following: An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at a monthly rate equal to the basic pay of an enlisted member in the pay grade E–5 with less than 2 years service. An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay. .
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- Pub. L. 107-372
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