Rule2022-10945
Appointment of Officer Candidates and Obligated Service Requirements of Officers of the National Oceanic and Atmospheric Administration Commissioned Officer Corps
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Published
May 25, 2022
Effective
June 24, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
On December 23, 2020, the President signed into law the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020, which amended statutory authorities relating to the appointment, promotion, benefits, obligations, and separation of commissioned officers of the National Oceanic and Atmospheric Administration Commissioned Officer Corps (NOAA Corps). This final rule provides regulations governing the qualifications, selection, appointment, terms of service, pay of officer candidates, and service obligations of the NOAA Corps.
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[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31707-31711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10945]
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Rules and Regulations
Federal Register
________________________________________________________________________
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having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules
and Regulations
[[Page 31707]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 998
[Docket No. 220408-0088]
RIN 0648-BL11
Appointment of Officer Candidates and Obligated Service
Requirements of Officers of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps
AGENCY: Office of Marine and Aviation Operations (OMAO), National
Oceanic and Atmospheric Administration (NOAA), U.S. Department of
Commerce.
ACTION: Final rule.
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SUMMARY: On December 23, 2020, the President signed into law the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Amendments Act of 2020, which amended statutory authorities
relating to the appointment, promotion, benefits, obligations, and
separation of commissioned officers of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps (NOAA Corps).
This final rule provides regulations governing the qualifications,
selection, appointment, terms of service, pay of officer candidates,
and service obligations of the NOAA Corps.
DATES: This rule is effective June 24, 2022.
FOR FURTHER INFORMATION CONTACT: LCDR Zachary Cress, NOAA Corps, OMAO
Strategic Management Division, 301-713-1045.
SUPPLEMENTARY INFORMATION:
Background
The NOAA Corps is one of the Nation's eight uniformed services and
was established as the U.S. Coast and Geodetic Survey Corps on May 22,
1917. The NOAA Corps is composed of a cadre of professionals trained in
engineering, earth sciences, oceanography, meteorology, fisheries
science, and other related disciplines. NOAA Corps officers operate
NOAA's fleet of ships, aircraft, and uncrewed systems, conduct diving
operations, and serve in staff and leadership positions throughout
NOAA. NOAA Corps officers use the same naval commissioned officer ranks
as the U.S. Navy and U.S. Coast Guard and receive the same pay and
benefits as members of the other uniformed services as authorized by
Title 37 of the U.S. Code.
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Amendments Act of 2020
The National Oceanic and Atmospheric Administration Commissioned
Officer Corps Amendments Act of 2020 (NCAA) revised provisions related
to the NOAA Corps. (33 U.S.C. 3001 et seq.). The NCAA sets forth new
requirements for the NOAA Corps including requirements concerning
commissioned grades and operational strength numbers, obligated
service, training and physical fitness, education loan assistance,
recruitment, appointment and promotions, separation and retirement,
sexual harassment and assault prevention, and other workforce issues.
Officer Candidate Appointments and Obligated Service Requirements
The majority of NOAA Corps officers must complete NOAA's Basic
Officer Training Class (BOTC), which is administered by the NOAA Corps
Officer Training Center and co-located with the U.S. Coast Guard
Officer Candidate School, before reporting for their first active duty
assignment. Currently, all officer candidates attending BOTC receive a
temporary appointment as ensign (pay grade O-1) prior to receiving a
permanent appointment as ensign, rather than a temporary officer
candidate rank similar to other uniformed services.
33 U.S.C. 3034 authorizes the Secretary to assign a temporary
officer candidate rank to individuals enrolled in BOTC and under
consideration for an original appointment as an officer upon graduation
from BOTC. Each officer candidate would be required to sign an
agreement with the Secretary regarding the officer candidate's term of
service in the NOAA Corps and agree to accept an appointment after
graduating from BOTC, if tendered, and serve for four years immediately
after receiving such appointment. Officer candidates who do not fulfill
the term of service in the NOAA Corps would be subject to repayment
requirements described in 33 U.S.C. 3006. Officer candidates enrolled
in BOTC would be entitled to pay at rates equal to the basic pay of an
enlisted member in the pay grade of E-5 with less than 2 years of
service, rather than the pay grade of O-1, as authorized by 37 U.S.C.
203(f).
33 U.S.C. 3006 authorizes the establishment of obligated service
requirements of NOAA Corps officers for appointments, training,
promotions, separations, continuations, and retirements of officers not
otherwise covered by law, and it requires the Secretary and officers to
enter into written agreements describing the officers' obligated
service requirements. This section authorizes the Secretary to require
an officer who fails to meet the service requirements to reimburse the
Secretary in an amount that bears the same ratio of the total costs of
training provided to that officer as the unserved portion of active
duty bears to the total period of active duty the officer agreed to
serve.
33 U.S.C. 3071 applies certain provisions of Title 10 to members of
the NOAA Corps. In particular, Sec. 3071(a)(22) applies to NOAA Corps
officers the provisions of 10 U.S.C. 2005, relating to advanced
education assistance, active duty agreements, and reimbursement
requirements, including the repayment provisions of 37 U.S.C. 303(e)
and 373.
Pursuant to the requirements of the NCAA, OMAO is promulgating
these regulations to govern the process by which officer candidates are
selected and appointed. Under these regulations, NOAA Corps personnel
boards will review applicants and provide recommendations to the
Secretary of Commerce. Selected applicants will sign a written
agreement with the Secretary regarding their terms of service,
including the requirements to complete BOTC, accept an appointment as
ensign upon graduation, if offered, and to then serve in the NOAA Corps
for 4 years. Officer candidates or former officer candidates who do not
meet these terms of service will be considered to be in
[[Page 31708]]
breach of their written agreement with the Secretary and subject to
repayment requirements for the cost of their training.
These regulations also govern other obligated service requirements
of NOAA Corps officers that are subject to repayment requirements.
Under these regulations, NOAA Corps officers will be required to enter
into written agreements with the Secretary to continue to serve for
specified periods in exchange for training or education. In general,
training greater than 60 days in length but less than 1 year will incur
an active duty service obligation equal to three times the length of
training. These regulations also provide fixed-term active duty service
obligations for certain operational training, such as fixed-wing multi-
engine pilot training.
Officer candidates, former officer candidates, and active duty NOAA
Corps officers who do not meet the terms of their written agreements
for BOTC, or other training or education, or who become unqualified for
continued service in the NOAA Corps, will be subject to repayment and
required to reimburse the government in an amount proportional to the
amount of time left on their service obligation, unless waived by the
Secretary. Under these regulations, an obligation to reimburse the
government is a debt owed to the United States, and a discharge in
bankruptcy does not discharge the individual from such debt.
The Secretary may waive service obligations for original
appointments, NOAA Corps or officer training, and undergraduate
assistance programs if the officer becomes unqualified to serve based
on circumstances not within control of the officer, or they become
physically disqualified because of a condition that was not the result
of misconduct. The Secretary may also waive service obligations for
civilian training or education of officers who fail to satisfy their
eligibility requirements if the Secretary determines that the required
repayment would be contrary to personnel policy, against equity and
good conscience, or contrary to the best interest of the United States.
These regulations will take effect June 24, 2022.
Classification
Pursuant to 5 U.S.C. 553(a)(2), the provisions of the
Administrative Procedure Act requiring notice of proposed rulemaking
and the opportunity for public participation are inapplicable to this
final rule because this rule falls within the agency management and
personnel exception as it strictly regulates NOAA Corps personnel,
addresses internal agency management, and affects only persons outside
the agency through the formulation of hiring standards.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
This regulation is exempt from the notice and comment provisions of
the APA. Therefore, the requirements of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) do not apply. Accordingly, no Regulatory
Flexibility Analysis is required and none has been prepared.
This rule does not have any collection of information requirements
under the Paperwork Reduction Act.
List of Subjects in 15 CFR Part 998
Government employees, Military personnel, Administrative practice
and procedure.
Date: May 4, 2022.
Rear Admiral Nancy Lynn Hann,
Director, NOAA Corps and Office of Marine and Aviation Operations.
For the reasons set forth in the preamble, 15 CFR chapter IX is
amended as follows:
0
1. Add part 998 to read as follows:
PART 998--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS
Sec.
Subpart A--Administrative
998.1 Definitions.
Subpart B--Appointment of Officer Candidates of the Commissioned
Officer Corps of the National Oceanic and Atmospheric Administration
998.10 Appointments of officer candidates.
998.11 Qualifications of officer candidates.
998.12 Selection of officer candidates.
Subpart C--Active Duty Service Obligations of NOAA Corps Officers
998.20 Applicability.
998.21 Purpose.
998.22 Policy.
998.23 Service obligations for original appointments.
998.24 Service obligations for NOAA Corps or officer training and
education.
998.25 Service obligations for civilian training and advanced
education.
998.26 Computation of service obligations for NOAA Corps and officer
training and civilian training and advanced education.
998.27 Service obligations for undergraduate assistance programs.
998.28 Notification and verification of active duty service
obligations.
998.29 Waivers or suspension of compliance.
998.30 Repayment for failure to satisfy service requirements.
Subpart A--Administrative
Authority: 33 U.S.C. 3001 et seq.
Sec. 998.1 Definitions.
As used in this part:
Administration means the National Oceanic and Atmospheric
Administration (NOAA).
Administrator means the Under Secretary of Commerce for Oceans and
Atmosphere and NOAA Administrator.
ADSO means active duty service obligation.
Chain of command means the succession of commanding officers from a
superior to a subordinate through which command is exercised, and the
succession of officers or civilian personnel through whom
administrative control is exercised, including supervision and rating
of performance.
Civilian training and advanced education means education or
training above the secondary school level but does not include
technical training (such as maritime and aviation training provided to
a member to qualify such member to perform a specified military or
operational function), workshops, or short-term training programs.
Director means the Director of NOAA Corps and the Office of Marine
and Aviation Operations.
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 the appointment
authority for graduates of the basic officer training program of the
commissioned officer corps of the Administration (33 U.S.C.
3021(a)(2)(A)).
NOAA Corps means the commissioned officer corps of the National
Oceanic and Atmospheric Administration.
Secretary means the Secretary of Commerce.
Written agreement means an agreement entered into between the
Secretary and a NOAA Corps officer or officer candidate that describes
the officer's obligated service requirements in return for
appointments, training, promotions, separations, continuations, and
retirements as the Secretary considers appropriate.
Subpart B--Appointment of Officer Candidates of the Commissioned
Officer Corps of the National Oceanic and Atmospheric
Administration
Authority: 33 U.S.C. 3006, 3021, 3034; 37 U.S.C. 203(f).
[[Page 31709]]
Sec. 998.10 Appointments of officer candidates.
(a) The Secretary shall determine the number of appointments of
officer candidates annually.
(b) Applicants for an appointment as an officer candidate shall
meet all qualifications described in Sec. 998.11.
(c) Selection and appointment of officer candidates shall be made
according to the procedures described in Sec. 998.12.
(d) The Secretary may dismiss any officer candidate from the NOAA
Corps Basic Officer Training Class who, during the candidate's term as
an officer candidate, the Secretary considers unsatisfactory in either
academics or conduct, or not adapted for a career in the NOAA Corps.
Officer candidates shall be subject to all rules governing discipline
prescribed by the Director.
(e) Each officer candidate shall sign an agreement with the
Secretary regarding the officer candidate's term of service in the NOAA
Corps, which shall provide that the candidate agrees to:
(1) Complete the course of instruction of the NOAA Corps Basic
Officer Training Class;
(2) Upon graduation from the Basic Officer Training Class program,
accept an appointment, if tendered, to the grade of ensign; and
(3) Serve on active duty in the NOAA Corps for at least four years
immediately after such appointment.
(f) An officer candidate or former officer candidate who is on
active duty but who has not yet met their initial service obligation
under paragraph (e)(3) of this section shall be considered to be in
breach of their written agreement if they do not fulfill the terms of
their service.
(g) An individual found to be in breach of their written agreement
shall be subject to the repayment provisions of Sec. 998.30.
Sec. 998.11 Qualifications of officer candidates.
(a) Original appointments to the NOAA Corps are made based on the
qualifications of individual applicants and the needs of the NOAA
Corps. Each applicant must:
(1) Be a citizen of the United States of good moral character;
(2) Be able to obtain and maintain a security clearance level of
Secret;
(3) Meet physical and mental qualifications as the Secretary may
direct, such as physical fitness, medical, dental, and mental
examinations;
(4) Hold a baccalaureate degree, preferably in a major course of
study related to NOAA's scientific or technical activities, awarded
from an accredited postsecondary institution. All applicants,
regardless of degree(s) awarded, must have completed at least 48
semester (72 quarter) hours in math, science, or engineering coursework
pertaining to NOAA's mission unless waived by the Director based on the
needs of the NOAA Corps; and
(5) Have not twice failed selection for promotion in another
uniformed service.
(b) [Reserved]
Sec. 998.12 Selection of officer candidates.
(a) The Secretary shall prescribe the number of applicants to be
selected for officer candidates and the basic qualifications necessary
to fulfill the needs of the NOAA Corps.
(b) A personnel board convened pursuant to 33 U.S.C. 3022 shall
review all qualified applicants and make recommendations for
appointment to the Secretary and the President. Applicants shall be
rated on collegiate record, work experience, references, the report of
the interviewing officer, and all other available information.
(c) Upon review of the recommendations of the personnel board, the
Secretary shall make those temporary appointments in the grade of
officer candidate as deemed appropriate. An original appointment of an
officer candidate, upon graduation from the Basic Officer Training
Class program of the NOAA Corps, may not be made in any other grade
than ensign.
(d) Officer candidates receiving appointments as ensigns upon
graduation from the Basic Officer Training Class program shall take
rank according to their proficiency as shown by the order of their
merit at date of graduation.
Subpart C--Active Duty Service Obligations of NOAA Corps Officers
Authority: 10 U.S.C. 2005; 33 U.S.C. 3006, 3071(a)(22); 37
U.S.C. 303a(e), 373.
Sec. 998.20 Applicability.
This subpart applies to all active duty NOAA Corps officers and
officer candidates.
Sec. 998.21 Purpose.
(a) This subpart establishes policies and procedures for the
receipt, computation, and notice of ADSOs for all commissioned officers
on the active duty lineal list. It also describes how multiple ADSOs
incurred by the same officer are managed.
(b) The ADSOs are intended to assist the NOAA Corps in:
(1) Effectively managing its resources and workforce;
(2) Accomplishing its assigned missions;
(3) Maintaining an experienced and well-qualified officer force;
and
(4) Ensuring a reasonable return to the NOAA Corps following an
expenditure of public funds.
(c) Public funds are expended starting with the commissioning phase
through the NOAA Corps Basic Officer Training Class and other
commissioning programs. It continues when an officer enters active duty
and enters training or education programs to qualify for specialized
knowledge and skills.
Sec. 998.22 Policy.
(a) In general, individuals entering active duty in the NOAA Corps
must complete at least four years of obligated service upon
appointment.
(b) NOAA Corps officers who complete Government-funded or -
sponsored formal education and training programs shall incur an ADSO.
Officers must fulfill ADSOs before they are eligible for voluntary
separation. The Director may grant a waiver of the ADSO as described in
Sec. 998.29. Officers will not be further obligated beyond the dates
that ADSOs are fulfilled without their written consent. Officers who
attend NOAA Corps and officer training programs, or civilian courses of
instruction as stated in this Subpart may incur an ADSO for up to six
years upon completion or termination from the course(s).
(c) All NOAA Corps officers shall enter into written agreements
that describe the officer's obligated service requirements prescribed
in this subpart in return for such Government-funded or -sponsored
education and training. The written agreement shall document the total
cost of training that may be subject to the repayment provisions of
Sec. 998.30.
Sec. 998.23 Service obligations for original appointments.
Officer candidates accepting an original appointment in the NOAA
Corps upon graduation from the NOAA Corps Basic Officer Training Class
as described in subpart B of this part shall incur an ADSO of 4 years.
Sec. 998.24 Service obligations for NOAA Corps or officer training
and education.
(a) NOAA Corps officers who attend any NOAA Corps or uniformed
service officer training or education whose course of instruction is
longer than 60 days or produces a duty under instruction officer
evaluation report for long term training shall incur an ADSO to begin
upon completion of the course or termination of attendance. If the
[[Page 31710]]
officer does not complete the NOAA Corps or officer training, the ADSO
shall still apply. The ADSO shall be calculated according to Sec.
998.26. For the purpose of determining ADSOs, all aviation and maritime
training longer than 60 days, not including the Basic Officer Training
Class, shall be considered to be NOAA Corps or officer training.
Exceptions to the computation standards in Sec. 998.26 for NOAA Corps
and officer training are as follows:
(1) Officers who attend initial fixed-wing multi-engine flight
training shall incur a six-year ADSO upon completion of the course or
termination of attendance;
(2) Officers who attend heavy aircraft flight training for the
first time shall incur a four-year ADSO upon completion of the course
or termination of attendance;
(3) Officers who attend heavy aircraft flight training for a second
time for the purpose of qualification on new airframes shall incur a
three-year ADSO upon completion of the course or termination of
attendance;
(4) Officers who attend a test pilot school longer than six months
(including the U.S. Naval Test Pilot School and U.S. Air Force Test
Pilot School) shall incur a four-year ADSO upon completion of the
course or termination of attendance; and
(5) Officers selected as candidates for the National Aeronautics
and Space Administration Astronaut Corps shall incur a three-year ADSO
upon the conclusion of their detail and return to the NOAA Corps.
(b) Concurrent obligations. An ADSO incurred under this section
shall be served concurrently with an ADSO previously incurred under any
other section of this part, or any other provision of law, except as
provided for officers on active duty entering into an agreement for
education loan repayment under Sec. 998.27(a). When a newly incurred
ADSO under this section is to be served concurrently with an existing
ADSO, the obligated period will be equal to the length of the longest
remaining obligation. The Commissioned Personnel Center will track each
ADSO independently and notify the officer when each is fulfilled.
(c) Consideration of NOAA Corps and officer training toward
fulfillment of other service obligations. Time spent in NOAA Corps or
officer training is considered active duty service and shall be
credited toward fulfilling an ADSO previously incurred under any other
section of this part, or any other provision of law.
Sec. 998.25 Service obligations for civilian training and advanced
education.
(a) Full-time courses. Officers who attend full-time courses at
civilian institutions that are fully funded by NOAA for more than 60
days will incur an ADSO to begin upon completion of the course or
termination of attendance. One ADSO will be incurred per written
agreement for training or education, as provided under Sec. 998.22. If
the officer does not complete the course of instruction, the ADSO shall
still apply. The ADSO shall be calculated according to Sec. 998.26.
(b) Part-time courses. Officers who participate in part-time
courses at civilian institutions that are fully funded by NOAA for more
than 60 days will incur an ADSO upon completion of the course or
termination of attendance. One ADSO will be incurred per written
agreement for training or education, as provided under Sec. 998.22. If
the officer does not complete the course of instruction, the ADSO shall
still apply. The ADSO will equal the length of training or education,
computed in days. The length of training or education will be computed
from the first day of instruction until the last day, to include
breaks, weekends, holidays, and summers, regardless of whether the
officer attended classes during those periods.
(c) NOAA Leadership Competencies Development Program. NOAA Corps
officers who participate in NOAA's Leadership Competencies Development
Program shall incur an ADSO of two years upon graduation from the
program.
(d) Voluntary disenrollment or disenrollment for poor performance.
If an officer voluntarily terminates their enrollment or is required to
disenroll due to poor performance in a program under this section, the
ADSO will be based on what would have been the expected graduation
date.
(e) Disenrollment for mission needs. Each written agreement for
civilian training or advanced education under this subpart shall
provide that if an officer terminates enrollment because of a recall to
meet urgent mission needs as determined by the Director, no ADSO will
be incurred.
(f) Consecutive obligations. ADSOs resulting from more than one
written agreement for civilian education under this section are to be
served consecutively. For example, an officer completing a NOAA-funded
graduate certificate course of instruction under one written agreement
followed by a NOAA-funded master's degree under a second written
agreement will incur multiple ADSOs to be served consecutively. The
ADSOs will be calculated separately for each written agreement
according to Sec. 998.26. When a newly incurred ADSO is to be served
consecutively with another, add the period of the new ADSO to the
remaining portion of the existing ADSO. In cases where the compounded
period of consecutive ADSOs exceeds six years, it will be capped at 6
years.
(g) Concurrent obligations. An ADSO incurred under this section can
be served concurrently with an ADSO previously incurred under any other
section of this part or any other provision of law. When a newly
incurred ADSO under this section is to be served concurrently with an
existing ADSO under another section of this part, the officer's total
obligated period will be equal to the length of the longest remaining
obligation. The Commissioned Personnel Center will track each ADSO
independently and notify the officer when each is fulfilled.
(h) Consideration of civilian education and training toward
fulfillment of other service obligations. Time spent at a civilian
education or training program is considered active duty service and
shall be credited toward fulfilling an ADSO incurred under any other
section of this part or any other provision of law. The time spent
attending a civilian education or training program under one written
agreement will not be credited toward fulfilling an existing ADSO for a
previous civilian education or training program under a previous
written agreement incurred under this section.
Sec. 998.26 Computation of service obligations for NOAA Corps and
officer training and civilian training and advanced education.
Service obligations incurred under Sec. 998.24 and Sec. 998.25(a)
are computed as shown in this section, with the exception of fixed-
period ADSOs as provided under Sec. 998.24(a)(1) through (5). Officers
may accumulate more than one ADSO from multiple obligating events. When
an officer incurs an ADSO, compute the ADSO using the following rules:
(a) For obligating events that require calculation:
(1) For training greater than 60 days but equal to or fewer than
365 days:
(i) Step 1. Count the number of calendar days of the course of
instruction using the beginning and end dates of the course, including
breaks, weekends, holidays, and summers, regardless of whether the
officers attended classes during those periods.
[[Page 31711]]
(ii) Step 2. Multiply the total found in Step 1 by three to get the
total length of the ADSO in days.
(iii) Step 3. Add the number of days found in Step 2 to the end
date of the training to determine the date that the ADSO will expire.
(iv) Example. An officer attends a semester-long civilian course of
instruction that begins on January 1, 2021, and ends on May 30, 2021.
(A) Step 1. January 1, 2021 to May 30, 2021 = 150 training days.
(B) Step 2. 150 training days x 3 = 450 days, or 1 year, 85 days
ADSO length.
(C) Step 3. May 30, 2021 + 450 days = August 23, 2022 ADSO
expiration.
(2) For training greater than 365 days:
(i) Step 1. The first 365 days of training automatically incur
three years ADSO.
(ii) Step 2. Count the number of additional training days from the
366th day to the end date of the course, including breaks, weekends,
holidays, and summers, regardless of whether the officers attended
classes during those periods.
(iii) Step 3. Add the number of days found in Step 2 to three years
to determine the total ADSO length.
(iv) Step 4. Add the total ADSO length found in Step 3 to the end
date of the training to determine the date that the ADSO will expire.
(v) Example. An officer attends a full-time civilian postgraduate
program that spans three academic years, beginning on September 1, 2021
and graduating on May 31, 2024.
(A) Step 1. First year: September 1, 2021 to August 31, 2022 = 3
year ADSO.
(B) Step 2. Additional training time: September 1, 2022 to May 31,
2024 = 639 days or 1 year, 274 days.
(C) Step 3. 3-year ADSO + 639 days = 4 years, 274 days total ADSO
length.
(D) Step 4. May 31, 2024 + 4 years, 274 days = March 1, 2029 ADSO
expiration.
(b) The officer will ensure that supporting documents for each
event are submitted to the NOAA Commissioned Personnel Center for
review and verification for accurate calculation of their ADSO. The
length of the ADSO shall be identified in the written agreement with
the officer described in Sec. 998.22(c).
Sec. 998.27 Service obligations for undergraduate assistance
programs.
(a) Education Loan Repayment Program. An individual who enters into
a written agreement to serve on active duty in the NOAA Corps as part
of an education loan repayment program authorized by 33 U.S.C. 3077
shall serve one year for each maximum annual amount or portion thereof
paid on behalf of the individual for qualified loans. If an individual
is on active duty when entering into the agreement and has an existing
ADSO, the ADSO incurred under this subsection must be served
consecutively to any other existing ADSO. If an individual is not on
active duty when entering into an agreement, the ADSO under this
paragraph (a) may be served concurrently with an ADSO incurred under
Sec. 998.23. ADSOs incurred under Sec. 998.24 and Sec. 998.25 after
an ADSO is incurred under this paragraph (a) may be served concurrently
with the ADSO incurred under this paragraph (a).
(b) Student Pre-Commissioning Assistance Program. An individual
entering into a written agreement for pre-commissioning education
assistance authorized by 33 U.S.C. 3079 shall agree to serve on active
duty for:
(1) Three years if the individual received fewer than three years
of assistance; and
(2) Five years if the individual received at least three years of
assistance.
(c) Concurrent obligations. An ADSO incurred under paragraph (b) of
this section may be served concurrently with an ADSO incurred under
Sec. Sec. 998.23, 998.24, and 998.25.
Sec. 998.28 Notification and verification of active duty service
obligations.
NOAA Corps officers will be informed of their ADSOs under this part
as indicated:
(a) The NOAA Corps Commissioned Personnel Center shall--
(1) Maintain and make available for review to the officer a copy of
the written agreement specifying the length of service obligation
incurred; and
(2) Verify that officers meet the requirements of their written
agreements and determine if a breach has occurred and, if so, notify
the officer of such determination in writing.
(b) [Reserved]
Sec. 998.29 Waivers or suspension of compliance.
(a) The Secretary may waive the service obligations of an officer
incurred under Sec. 998.23, Sec. 998.24, and Sec. 998.27 who:
(1) Becomes unqualified to serve on active duty in the NOAA Corps
because of a circumstance not within the control of that officer; or
(2) Is:
(i) Not physically qualified for appointment; and
(ii) Determined to be unqualified for service in the NOAA Corps
because of a physical or medical condition that was not the result of
the officer's own misconduct or grossly negligent conduct.
(b) The Secretary may waive the service obligations of an officer
incurred under Sec. 998.25 who fails to satisfy the eligibility
requirements if the Secretary determines that the imposition of the
repayment requirement and the termination of unpaid amounts of such
assistance would be--
(1) Contrary to personnel policy or management objective;
(2) Against equity and good conscience; or
(3) Contrary to the best interest of the United States.
(c) With respect to a service obligation under Sec. 998.27(a), the
Secretary may relieve an officer's ADSO and provide an alternative
obligation at the discretion of the Secretary, the terms of which will
be documented in a new written agreement.
(d) The authorities provided in this part to grant waivers or
exceptions will be referenced in all written agreements.
Sec. 998.30 Repayment for failure to satisfy service requirements.
(a) An officer who fails to satisfy eligibility requirements or to
meet the service requirements prescribed in Sec. Sec. 998.23, 998.24,
998.25, 998.27(a), and 998.27(b) is required to reimburse the
Government in an amount that bears the same ratio of the total costs of
the training or education provided to that officer as the unserved
portion of active duty bears to the total period of active duty the
officer agreed to serve, unless waived by the Secretary under Sec.
998.29(a) or (b). Calculation of the total cost of training subject to
repayment includes tuition and matriculation fees, library and
laboratory services, purchase or rental of books, materials, and
supplies, but does not include travel, lodging, salary, or other
allowances otherwise entitled to the individual. The total cost shall
be calculated by the NOAA Commissioned Personnel Center and included in
any written agreement.
(b) An obligation to reimburse the Government under this Section
is, for all purposes, a debt owed to the United States.
(c) A discharge in bankruptcy under title 11 of the U.S. Code that
is entered less than 5 years after the termination of a written
agreement entered into under this part does not discharge the
individual signing the agreement from a debt arising under such
agreement.
[FR Doc. 2022-10945 Filed 5-24-22; 8:45 am]
BILLING CODE 3510-12-P
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</html>Indexed from Federal Register on May 25, 2022.
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