§853a. Authorized numbers in permanent rank

(a) Fiscal year authorizations; reductions

(1) Except as provided in paragraph (2), there are authorized to be not less than 264 and not more than 299 commissioned officers on the active list of the National Oceanic and Atmospheric Administration for fiscal years 1999, 2000, 2001, 2002, and 2003.

(2) The Administrator may reduce the number of commissioned officers on the active list below 264 if the Administrator determines that it is appropriate, taking into consideration-

(A) the number of billets on the fisheries, hydrographic, and oceanographic vessels owned and operated by the Administration;

(B) the need of the Administration to collect high-quality oceanographic, fisheries, and hydrographic data and information on a continuing basis;

(C) the need for effective and safe operation of the Administration's fisheries, hydrographic and oceanographic vessels;

(D) the need for effective management of the commissioned Corps; and

(E) the protection of the interests of taxpayers.

(3) At least 90 days before beginning any reduction as described in paragraph (2), the Administrator shall provide notice of such reduction to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.

(b) Relative rank; proportion

Of the total authorized number of commissioned officers on the active list of the National Oceanic and Atmospheric Administration, there are authorized numbers in permanent grade, in relative rank with officers of the Navy, in the proportion of eight in the grade of captain, to fourteen in the grade of commander, to nineteen in the grade of lieutenant commander, to twenty-three in the grade of lieutenant, to eighteen in the grade of lieutenant (junior grade), to eighteen in the grade of ensign.

(c) Computation of number in grade

Whenever a final fraction occurs in computing the authorized number of officers in any grade, the nearest whole number shall be taken, and if such fraction be one-half the next higher whole number shall be taken: Provided, That the total number of officers as authorized by law shall not be increased as the result of the computations prescribed herein, and if necessary the number of officers in the lowest grade shall be reduced accordingly.

(d) Reduction of grade or pay; separation

No officer shall be reduced in grade or pay or separated from the active list as the result of any computations made to determine the authorized number of officers in the various grades.

(e) Filling of vacancies; additional numbers

Nothing in this section shall be construed as requiring the filling of any vacancy or as prohibiting additional numbers in any grade to compensate for vacancies existing in higher grades.

(f) Temporary increase in numbers

The total number of officers on active duty as authorized by law may be temporarily exceeded provided that the average number on active duty for the fiscal year shall not exceed the authorized number.

(June 3, 1948, ch. 390, §2, 62 Stat. 297 ; Pub. L. 87–233, §1(a), Sept. 14, 1961, 75 Stat. 506 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, §307(a), Nov. 13, 1998, 112 Stat. 3457 .)

Amendments

1998-Pub. L. 105–384 added subsec. (a) and redesignated former subsecs. (a) to (e) as (b) to (f), respectively.

1961-Subsec. (e). Pub. L. 87–233 added subsec. (e).

Short Title

Section 1 of act June 3, 1948, provided: "That this Act [enacting this section and sections 853b to 853o and 853p to 853v of this title, amending sections 852a, 852b, 854a, and 864d of this title, and repealing sections 851a, 854b, 854c, 864b, and 864c of this title] may be cited as the 'Coast and Geodetic Survey Commissioned Officers' Act of 1948'."

Transfer of Functions

Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. For further details, see note set out under section 851 of this title.