---
kind: "section"
citation: "33 U.S.C. § 3004"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3004"
heading: "Strength and distribution in grade"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3004"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter I — General Provisions"
---

# §3004. Strength and distribution in grade

- (a) **Grades—** The commissioned [grades](/usc/33/3002.md?p=b-2) in the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) are the following, in relative rank with [officers](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-2)).
  - (9) Ensign.
- (b) **Grade distribution—** The [Secretary](/usc/33/3002.md?p=b-6) shall prescribe, with respect to the distribution on the lineal list in [grade](/usc/33/3002.md?p=b-2), the percentages applicable to the [grades](/usc/33/3002.md?p=b-2) set forth in [subsection (a)](#a).
- (c) **Annual computation of number in grade—**
  - (1) **In general—** Not less frequently than once each year, the [Secretary](/usc/33/3002.md?p=b-6) shall make a computation to determine the number of [officers](/usc/33/3002.md?p=b-3) on the lineal list authorized to be serving in each [grade](/usc/33/3002.md?p=b-2).
  - (2) **Method of computation—** The number in each [grade](/usc/33/3002.md?p=b-2) shall be computed by applying the applicable percentage to the total number of such [officers](/usc/33/3002.md?p=b-3) serving on [active duty](/usc/33/3002.md?p=b-1) on the date the computation is made.
  - (3) **Fractions—** If a final fraction occurs in computing the authorized number of [officers](/usc/33/3002.md?p=b-3) in a [grade](/usc/33/3002.md?p=b-2), 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](/usc/33/3002.md?p=b-3) 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](/usc/33/3002.md?p=b-3) serving in positions designated under [section 3028(a) of this title](/usc/33/3028.md?p=a) and [officers](/usc/33/3002.md?p=b-3) recalled from retired status shall not be counted when computing authorized strengths under [subsection (c)](#c) and shall not count against those strengths.
- (f) **Preservation of grade and pay—** No [officer](/usc/33/3002.md?p=b-3) may be reduced in [grade](/usc/33/3002.md?p=b-2) or pay or separated from the commissioned [officer](/usc/33/3002.md?p=b-3) corps of the [Administration](/usc/33/3002.md?p=b-7) as the result of a computation made to determine the authorized number of [officers](/usc/33/3002.md?p=b-3) in the various [grades](/usc/33/3002.md?p=b-2).

## Source credit

(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.)

## Notes

### 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.