---
kind: "section"
citation: "33 U.S.C. § 3034"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3034"
heading: "Officer candidates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3034"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3034. Officer candidates

- (a) **Determination of number—** The [Secretary](/usc/33/3002.md?p=b-6) shall determine the number of appointments of [officer candidates](/usc/33/3002.md?p=b-4).
- (b) **Appointment—** Appointment of [officer candidates](/usc/33/3002.md?p=b-4) shall be made under regulations, which the [Secretary](/usc/33/3002.md?p=b-6) shall prescribe, including regulations with respect to determining age limits, methods of selection of [officer candidates](/usc/33/3002.md?p=b-4), term of service as an [officer candidate](/usc/33/3002.md?p=b-4) before graduation from the basic [officer](/usc/33/3002.md?p=b-3) training program of the [Administration](/usc/33/3002.md?p=b-7), and all other matters affecting such appointment.
- (c) **Dismissal—** The [Secretary](/usc/33/3002.md?p=b-6) may dismiss from the basic [officer](/usc/33/3002.md?p=b-3) training program of the [Administration](/usc/33/3002.md?p=b-7) any [officer candidate](/usc/33/3002.md?p=b-4) who, during the [officer candidate](/usc/33/3002.md?p=b-4)’s term as an [officer candidate](/usc/33/3002.md?p=b-4), the [Secretary](/usc/33/3002.md?p=b-6) considers unsatisfactory in either academics or conduct, or not adapted for a career in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7). [Officer candidates](/usc/33/3002.md?p=b-4) shall be subject to rules governing discipline prescribed by the Director of the National Oceanic and Atmospheric [Administration](/usc/33/3002.md?p=b-7) Commissioned [Officer](/usc/33/3002.md?p=b-3) Corps.
- (d) **Agreement—**
  - (1) **In general—** Each [officer candidate](/usc/33/3002.md?p=b-4) shall sign an agreement with the [Secretary](/usc/33/3002.md?p=b-6) in accordance with [section 3006(a)(2) of this title](/usc/33/3006.md?p=a-2) regarding the [officer candidate](/usc/33/3002.md?p=b-4)’s term of service in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7).
  - (2) **Elements—** An agreement signed by an [officer candidate](/usc/33/3002.md?p=b-4) under [paragraph (1)](#d-1) shall provide that the [officer candidate](/usc/33/3002.md?p=b-4) agrees to the following:
    - (A) That the [officer candidate](/usc/33/3002.md?p=b-4) will complete the course of instruction at the basic [officer](/usc/33/3002.md?p=b-3) training program of the [Administration](/usc/33/3002.md?p=b-7).
    - (B) That upon graduation from such program, the [officer candidate](/usc/33/3002.md?p=b-4)—
      - (i) will accept an appointment, if tendered, as an [officer](/usc/33/3002.md?p=b-3); and
      - (ii) will serve on [active duty](/usc/33/3002.md?p=b-1) for at least four years immediately after such appointment.
- (e) **Regulations—** The [Secretary](/usc/33/3002.md?p=b-6) 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)](#d-1); and
  - (2) procedures for determining whether such a breach has occurred.
- (f) **Repayment—** An [officer candidate](/usc/33/3002.md?p=b-4) or former [officer candidate](/usc/33/3002.md?p=b-4) who does not fulfill the terms of the obligation to serve as specified under [subsection (d)](#d) shall be subject to the repayment provisions of [section 3006(b) of this title](/usc/33/3006.md?p=b).

## 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.)