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2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 3004 Strength and distribution in grade us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 43 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS 3004 33 U.S.C. § 3004 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s3004 data/legal/raw/us/code/title-33/usc33.xml c0c7631b864d1b9a85af53569667a998185fee5fd781de8e40dcdb7b9d4d8015 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 0604fa0eaf3abecfce7712c32b5f9ca1a00c116444f8742338067845dd65aa9c 2026-07-04 official
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33 U.S.C. § 3004 - Strength and distribution in grade

Text

(a) Grades The commissioned grades in the commissioned officer corps of the Administration are the following, in relative rank with officers of the Navy:

(1) Vice admiral.

(2) Rear admiral.

(3) Rear admiral (lower half).

(4) Captain.

(5) Commander.

(6) Lieutenant commander.

(7) Lieutenant.

(8) Lieutenant (junior grade).

(9) Ensign.

(b) Grade distribution The Secretary shall prescribe, with respect to the distribution on the lineal list in grade, the percentages applicable to the grades set forth in subsection (a).

(c) Annual computation of number in grade (1) In general Not less frequently than once each year, the Secretary shall make a computation to determine the number of officers on the lineal list authorized to be serving in each grade.

(2) Method of computation The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made.

(3) Fractions If a final fraction occurs in computing the authorized number of officers in a grade, the nearest whole number shall be taken. If the fraction is one-half, the next higher whole number shall be taken.

(d) 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 if the average number on that list during that fiscal year does not exceed the authorized number.

(e) Positions of importance and responsibility Officers serving in positions designated under section 3028(a) of this title and officers recalled from retired status shall not be counted when computing authorized strengths under subsection (c) and shall not count against those strengths.

(f) Preservation of grade and pay No officer may be reduced in grade or pay or separated from the commissioned officer corps of the Administration as the result of a computation made to determine the authorized number of officers in the various grades.

(Pub. L. 107372, title II, § 214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116259, title I, § 101, Dec. 23, 2020, 134 Stat. 1154.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107372.

Amendments2020—Pub. L. 116259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades.