10-U.S.C.-5441
§5441 – Prescribed Number; Vacancies
Pathway
Title 10 > Subtitle C > Part II > Chapter 533 > Section 5441
Details
- Reference: Section 5441
- Legend: §5441 – Prescribed Number; Vacancies
- USCode Year: 2013
Provision Content
In this chapter, the term prescribed number or number . . . prescribed as applied to a grade, means the number of officers of a described corps, designation, or other category that shall be maintained in the grade concerned. Except as otherwise specifically provided, the actual number of officers in a grade may not exceed the prescribed number. Vacancies occur whenever, and to the extent that, the actual number falls below the prescribed number.
(Aug. 10, 1956, ch. 1041, 70A Stat. 299; Pub. L. 96–513, title III, §313(a), Dec. 12, 1980, 94 Stat. 2889; Pub. L. 101–189, div. A, title XVI, §1622(e)(8), Nov. 29, 1989, 103 Stat. 1605.)
Historical and Revision Notes
This section is derived from the distribution-in-grade provisions of the Officers Personnel Act of 1947. It is inserted here to show clearly what is meant by the authorized number of officers in a grade as used in the distribution-in-grade sections of the Officer Personnel Act. Prescribed number is substituted for authorized number because the latter, as used in other provisions of law, means simply the maximum number of persons authorized to be in a designated category. As used in the distribution-in-grade provisions of the Officer Personnel Act the term means not only the maximum number of officers that may be in a particular grade, but also the number of officers that should be maintained in that grade. It places not only a ceiling but a floor on the number of officers for the grade concerned. This is accomplished by establishing vacancies when the actual number of officers in the grade concerned falls below the authorized or, as used here, the prescribed number. Where there is a prescribed number for a grade, an officer should, in the absence of other controlling provisions of law, be promoted to that grade to fill an existing vacancy, as of the date on which the vacancy occurred. In this manner, at least constructively, the prescribed number is maintained.
There is no source for the section because the Officer Personnel Act did not attempt specifically to define authorized number in this context. The meaning of the term is derived only from understanding the effect given it throughout the Officer Personnel Act and from the imperative requirements of sections 103, 203, and 303 of the act.
Amendments
1989—Pub. L. 101–189 inserted , the term after In this chapter.
1980—Pub. L. 96–513 struck out or combination of grades after to a grade, after in the grade, and after in a grade.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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