2020 US Code
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
| 33 U.S.C. § 3004 (2020) |
| §3004. Strength and distribution in grade |
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(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. 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 generalNot 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. 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. 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. 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 responsibilityOfficers 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 payNo 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. |
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(Pub. L. 107–372, title II, §214, Dec. 19, 2002, 116 Stat. 3083; Pub. L. 116–259, title I, §101, Dec. 23, 2020, 134 Stat. 1154.) |
| EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 853a of this title prior to repeal by Pub. L. 107–372. AMENDMENTS2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades. |
| United States Code, 2018 Edition, Supplement 2, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 3004 |
| 2020 |
| January 13, 2021 |
| No |
| standard |
| 116 Stat. 3083 134 Stat. 1154 |
| Public Law 107-372, Public Law 116-259 |
