§3004 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Lists the nine commissioned officer ranks in the Administration, in the same relative order as Navy ranks: vice admiral; rear admiral; rear admiral (lower half); captain; commander; lieutenant commander; lieutenant; lieutenant (junior grade); and ensign. The Secretary must set what percentage of officers may be in each grade. At least once a year, the Secretary must calculate how many officers are allowed in each grade by applying those percentages to the number of active-duty officers on the lineal list at the time. Round to the nearest whole number, and round any .5 up. The total allowed can be temporarily exceeded so long as the average for the fiscal year does not go over the legal limit. Officers in certain designated positions and officers recalled from retirement are not counted against those grade limits. No officer may be demoted, lose pay, or be forced out because of these calculations.

Title 33, §3004

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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)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)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)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.

Notes & Related Subsidiaries

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.

Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section established strength and distribution of officers in grades.

§3004 Strength and distribution in grade