33 U.S. Code § 3004 - Strength and distribution in grade

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(a) Relative rank; proportion
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 general
Subject 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 number
The 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 numbers
Nothing 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 numbers
The 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 Provisions

Provisions 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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