[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 [www.gpo.gov]
[FR Doc No: 2022-10945]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
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.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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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.

-----------------------------------------------------------------------

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