
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC853a]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                    CHAPTER 17--NATIONAL OCEAN SURVEY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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, Sec. 2, 62 Stat. 297; Pub. L. 87-233, Sec. 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, 
Sec. 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.
