2011 US Code
Title 33 - Navigation and Navigable Waters
Chapter 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS (§§ 3001 - 3076)
Subchapter I - GENERAL PROVISIONS (§§ 3001 - 3005)
Section 3004 - Strength and distribution in grade
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 43 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS SUBCHAPTER I - GENERAL PROVISIONS Sec. 3004 - Strength and distribution in grade |
| Contains | section 3004 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 107-372, title II, §214, Dec. 19, 2002, 116 Stat. 3083. |
| Statutes at Large Reference | 116 Stat. 3083 |
| Public Law References | Public Law 107-372 |
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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 generalSubject 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 numberThe 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 numbersNothing 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 numbersThe 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.
(Pub. L. 107–372, title II, §214, Dec. 19, 2002, 116 Stat. 3083.)
Prior ProvisionsProvisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372.
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