Page:United States Statutes at Large Volume 116 Part 4.djvu/655

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PUBLIC LAW 107-372—DEC. 19, 2002 116 STAT. 3083 (b) ADDITIONAL DEFINITIONS. —In this title: (1) ACTIVE DUTY.— The term "active duty" means full-time duty in the active service of a uniformed service. (2) GRADE.— The term "grade" meems 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. SEC. 213. AUTHORIZED NUMBER ON THE ACTIVE LIST. 33 USC 3003. (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. SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE. 33 USC 3004. (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, £Uid if the fi"action is one-half the next higher whole ntunber 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