TITLE 33 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

33 USC 3001 - Commissioned officer corps

There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.

33 USC 3002 - Definitions

(a) Applicability of definitions in title 10 
Except as provided in subsection (b) of this section, the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions 
In this chapter:
(1) Active duty 
The term active duty means full-time duty in the active service of a uniformed service.
(2) Grade 
The term grade means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.
(3) Officer 
The term officer means an officer of the commissioned corps.
(4) Flag officer 
The term flag officer means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(5) Secretary 
The term Secretary means the Secretary of Commerce.
(6) Administration 
The term Administration means the National Oceanic and Atmospheric Administration.

33 USC 3003 - Authorized number on the active list

(a) Annual strength on active list 
The annual strength of the commissioned corps in officers on the lineal list of active duty officers of the corps shall be prescribed by law.
(b) Lineal list 
The Secretary shall maintain a list, known as the lineal list, of officers on active duty. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade.

33 USC 3004 - Strength and distribution in grade

(a) Relative rank; proportion 
Of the total authorized number of officers on the lineal list of the commissioned corps, there are authorized numbers in permanent grade, in relative rank with officers of the Navy, in proportions as follows:
(1) 8 in the grade of captain.
(2) 14 in the grade of commander.
(3) 19 in the grade of lieutenant commander.
(4) 23 in the grade of lieutenant.
(5) 18 in the grade of lieutenant (junior grade).
(6) 18 in the grade of ensign.
(b) Computation of number in grade 

(1) In general 
Subject to paragraph (2), whenever a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken, and if the fraction is one-half the next higher whole number shall be taken.
(2) Limitation on increase in total number 
The total number of officers on the lineal list authorized by law may not be increased as the result of the computations prescribed in this section, and if necessary the number of officers in the lowest grade shall be reduced accordingly.
(c) Preservation of grade and pay, etc. 
No officer may be reduced in grade or pay or separated from the commissioned corps as the result of a computation made to determine the authorized number of officers in the various grades.
(d) Filling of vacancies; additional numbers 
Nothing in this section may 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.
(e) Temporary increase in numbers 
The total number of officers authorized by law to be on the lineal list during a fiscal year may be temporarily exceeded so long as the average number on that list during that fiscal year does not exceed the authorized number.

33 USC 3005 - Authorized number for fiscal years 2003 through 2005

There are authorized to be on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration
(1) 270 officers for fiscal year 2003;
(2) 285 officers for fiscal year 2004; and
(3) 299 officers for fiscal year 2005.