-CITE-

14 USC CHAPTER 3 - COMPOSITION AND ORGANIZATION 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

.

-HEAD-

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-MISC1-

Sec.

41. Grades and ratings.

41a. Active duty promotion list.

42. Number and distribution of commissioned officers.

(43. Repealed.)

44. Commandant; appointment.

(45. Repealed.)

46. Retirement of Commandant.

47. Vice Commandant; assignment.

(48, 49. Repealed.)

50. Area commanders.

50a. Chief of Staff.

51. Retirement.

52. Vice admirals, continuity of grade.

53. Office of the Coast Guard Reserve; Director.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 557(b), Oct. 5,

1999, 113 Stat. 620, added item 53.

1993 - Pub. L. 103-206, title II, Sec. 204(b)(2), 205(b)(2), Dec.

20, 1993, 107 Stat. 2421, 2422, struck out ''; retirement'' after

''assignment'' in item 47 and added item 50a.

1982 - Pub. L. 97-322, title I, Sec. 115(a)(2), Oct. 15, 1982, 96

Stat. 1585, added item 52.

1972 - Pub. L. 92-451, Sec. 1(8), Oct. 2, 1972, 86 Stat. 756,

substituted ''Vice Commandant'' for ''Assistant Commandant'' in

item 47 and added items 50 and 51.

1963 - Pub. L. 88-130, Sec. 1(7), Sept. 24, 1963, 77 Stat. 175,

added item 41a and struck out item 43.

1960 - Pub. L. 86-474, Sec. 1(8), May 14, 1960, 74 Stat. 145,

substituted ''Assistant Commandant; assignment; retirement'' for

''Assistant Commandant and Engineer in Chief; appointment'' in item

47 and struck out items 45, 48, and 49.

-CITE-

14 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 41. Grades and ratings

-STATUTE-

In the Coast Guard there shall be an admiral, vice admirals; rear

admirals; rear admirals (lower half); captains; commanders;

lieutenant commanders; lieutenants; lieutenants (junior grade);

ensigns; chief warrant officers; cadets; warrant officers; and

enlisted members. Enlisted members shall be distributed in ratings

established by the Secretary.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 497; Aug. 10, 1956, ch. 1041, Sec.

6, 53, 70A Stat. 620, 679; Pub. L. 86-474, Sec. 1(1), May 14, 1960,

74 Stat. 144; Pub. L. 92-451, Sec. 1(1), Oct. 2, 1972, 86 Stat.

755; Pub. L. 97-417, Sec. 2(1), Jan. 4, 1983, 96 Stat. 2085; Pub.

L. 98-557, Sec. 15(a)(3)(B), (C), Oct. 30, 1984, 98 Stat. 2865;

Pub. L. 99-145, title V, Sec. 514(a)(2), Nov. 8, 1985, 99 Stat.

628; Pub. L. 103-337, div. A, title V, Sec. 541(f)(4), Oct. 5,

1994, 108 Stat. 2766.)

-MISC1-

HISTORICAL AND REVISION NOTES

1949 ACT

Based on title 14, U.S.C., 1946 ed., Sec. 5, 9, 21 (Apr. 12,

1902, ch. 501, Sec. 1, 32 Stat. 100; Jan. 28, 1915, ch. 20, Sec. 2,

38 Stat. 801; May 18, 1920, ch. 190, Sec. 8, 41 Stat. 603; June 5,

1920, ch. 235, Sec. 1, 41 Stat. 879; Jan. 12, 1923, ch. 25, Sec. 1,

2, 42 Stat. 1130; July 3, 1926, ch. 742, Sec. 3, 9, 10, 44 Stat.

815, 817).

The grades of vice admiral and rear admiral are added to make

provision for the commissioned officer personnel structure of the

service as provided for in this revision. The entire rating

structure for enlisted men is left to the administrative discretion

of the Secretary, as in the past, for reasons of flexibility.

The last two paragraphs of said section 5 are obsolete and have

been omitted.

Changes were made in phraseology. 81st Congress, House Report No.

557.

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

41 14:41. 34:135a(a) Aug. 4, 1949, ch.

(less last 393, Sec. 1(41), 63

sentence, as Stat. 497. May 29,

applicable to 1954, ch. 249, Sec.

temporary 3(a) (less 3d and

appointments). last sentences, as

applicable to

temporary

appointments), 68

Stat. 157.

-------------------------------

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''chief warrant officers;

cadets; warrant officers;'' for ''chief warrant officers, W-4;

chief warrant officers, W-3; chief warrant officers, W-2; cadets;

warrant officers, W-1;''.

1985 - Pub. L. 99-145 substituted ''rear admirals (lower half)''

for ''commodores''.

1984 - Pub. L. 98-557 substituted ''members'' for ''men'' in two

places.

1983 - Pub. L. 97-417 inserted ''commodores;'' after ''rear

admirals;''.

1972 - Pub. L. 92-451 substituted ''vice admirals'' for ''a vice

admiral''.

1960 - Pub. L. 86-474 inserted the grade of admiral.

1956 - Act Aug. 10, 1956, repealed and reenacted section by

general amendment thereby substituting ''chief warrant officers,

W-4; chief warrant officers, W-3; chief warrant officers, W-2'' for

''commissioned warrant officers'', and ''warrant officers, W-1''

for ''warrant officers''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

this title.

-CITE-

14 USC Sec. 41a 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 41a. Active duty promotion list

-STATUTE-

(a) The Secretary shall maintain a single active duty promotion

list of officers of the Coast Guard on active duty in the grades of

ensign and above. Reserve officers on active duty, other than

pursuant to an active duty agreement executed under section 12311

of title 10, retired officers, and officers of the permanent

commissioned teaching staff of the Coast Guard Academy shall not be

included on the active duty promotion list.

(b) Officers shall be carried on the active duty promotion list

in the order of seniority of the grades in which they are serving.

Officers serving in the same grade shall be carried in the order of

their seniority in that grade. The Secretary may correct any

erroneous position on the active duty promotion list that was

caused by administrative error.

(c) A person appointed in the grade of ensign or above in the

Regular Coast Guard shall be placed on the active duty promotion

list in the order of his date of rank and seniority.

(d) A Reserve officer, other than one excluded by subsection (a),

shall, when he enters on active duty, be placed on the active duty

promotion list in accordance with his grade and seniority. The

position of such a Reserve officer among other officers of the

Coast Guard on active duty who have the same date of rank shall be

determined by the Secretary.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(1), Sept. 24, 1963, 77 Stat. 174;

amended Pub. L. 91-278, Sec. 1(2), June 12, 1970, 84 Stat. 304;

Pub. L. 93-174, Sec. 1(1), Dec. 5, 1973, 87 Stat. 692; Pub. L.

97-136, Sec. 6(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 103-206,

title II, Sec. 205(a), Dec. 20, 1993, 107 Stat. 2422; Pub. L.

103-337, div. A, title XVI, Sec. 1677(b)(1), Oct. 5, 1994, 108

Stat. 3019.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337 substituted ''section 12311

of title 10'' for ''section 679 of title 10''.

1993 - Subsec. (b). Pub. L. 103-206 struck out before period at

end of second sentence '', except that the rear admiral serving as

Chief of Staff shall be the senior rear admiral for all purposes

other than pay''.

1981 - Subsec. (a). Pub. L. 97-136, Sec. 6(a)(1), substituted

''Reserve officers on active duty, other than pursuant to an active

duty agreement executed under section 679 of title 10, retired

officers, and officers of the permanent commissioned teaching staff

of the Coast Guard Academy shall not'' for ''Retired officers and

officers of the permanent commissioned teaching staff of the Coast

Guard Academy shall not be included on the active duty promotion

list. Reserve officers on extended active duty, other than those

serving in connection with organizing, administering, recruiting,

instructing, or training the Reserve components or assigned to the

Selective Service System, shall''.

Subsec. (b). Pub. L. 97-136, Sec. 6(a)(2), inserted exception

that rear admiral serving as Chief of Staff shall be senior rear

admiral for all purposes other than pay.

Subsec. (d). Pub. L. 97-136, Sec. 6(a)(3), substituted ''enters

on active duty'' for ''enters on extended active duty''.

1973 - Subsec. (a). Pub. L. 93-174 substituted ''Retired officers

and officers'' for ''Retired officers, officers'' and struck out

'', and officers of the Women's Reserve'' after ''Coast Guard

Academy''.

1970 - Subsec. (a). Pub. L. 91-278 inserted ''or assigned to the

Selective Service System'' after ''components'' in last sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 770 of this title; title

10 section 583.

-CITE-

14 USC Sec. 42 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 42. Number and distribution of commissioned officers

-STATUTE-

(a) The total number of commissioned officers, excluding

commissioned warrant officers, on active duty in the Coast Guard

shall not exceed 6,200.

(b) The commissioned officers on the active duty promotion list

shall be distributed in grade in the following percentages,

respectively: rear admiral 0.375; rear admiral (lower half) 0.375;

captain 6.0; commander 12.0; lieutenant commander 18.0. The

Secretary shall prescribe the percentages applicable to the grades

of lieutenant, lieutenant (junior grade), and ensign. The

Secretary may, as the needs of the Coast Guard require, reduce the

percentage applicable to any grade above lieutenant commander, and

in order to compensate for such reduction increase correspondingly

the percentage applicable to any lower grade.

(c) The Secretary shall, at least once each year, make a

computation to determine the number of officers on the active duty

promotion 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. In making computations

under this section the nearest whole number shall be regarded as

the authorized number in any case where there is a fraction in the

final result.

(d) The numbers resulting from such computations shall be for all

purposes the authorized number in each grade, except that the

authorized number for a grade is temporarily increased during the

period between one computation and the next by the number of

officers originally appointed in that grade during that period and

the number of officers of that grade for whom vacancies exist in

the next higher grade but whose promotion has been delayed for any

reason.

(e) Officers who are not included on the active duty promotion

list, officers serving as extra numbers in grade under sections 432

and 433 (FOOTNOTE 1) of this title, and officers serving with other

departments or agencies on a reimbursable basis or excluded under

the provisions of section 324(d) of title 49, shall not be counted

in determining authorized strengths under subsection (c) and shall

not count against those strengths. The number of officers

authorized to be serving on active duty in each grade of the

permanent commissioned teaching staff of the Coast Guard Academy

and of the Reserve serving in connection with organizing,

administering, recruiting, instructing, or training the reserve

components shall be prescribed by the Secretary.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, Sec.

2, 70 Stat. 588; Pub. L. 86-474, Sec. 1(2), May 14, 1960, 74 Stat.

144; Pub. L. 88-130, Sec. 1(2), Sept. 24, 1963, 77 Stat. 174; Pub.

L. 89-444, Sec. 1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90-385,

July 5, 1968, 82 Stat. 293; Pub. L. 92-451, Sec. 1(2), Oct. 2,

1972, 86 Stat. 755; Pub. L. 93-174, Sec. 1(2), Dec. 5, 1973, 87

Stat. 692; Pub. L. 96-23, Sec. 4, June 13, 1979, 93 Stat. 68; Pub.

L. 97-417, Sec. 2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97-449,

Sec. 5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98-557, Sec.

25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V,

Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103-206, title

II, Sec. 201, Dec. 20, 1993, 107 Stat. 2420.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 6a (July 23, 1947, ch.

301, Sec. 1, 61 Stat. 409).

The only change is in phraseology in the second sentence, it

being necessary to include the extra numbers authorized by the act

of July 23, 1947, in the figure given as the present number of

extra numbers in the Coast Guard. 81st Congress, House Report No.

557.

-REFTEXT-

REFERENCES IN TEXT

Section 433 of this title, referred to in subsec. (e), was

repealed by Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100

Stat. 3549.

-MISC2-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206 substituted ''6,200'' for

''6,000''.

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1984 - Subsec. (b). Pub. L. 98-557 substituted ''0.375'' for

''.375'' in two places.

1983 - Subsec. (b). Pub. L. 97-417 substituted ''.375; commodore

.375;'' for ''0.75;'' after ''rear admiral''.

Subsec. (e). Pub. L. 97-449 substituted ''section 324(d) of title

49'' for ''section 9(d)(1) of the Department of Transportation Act

(80 Stat. 944; 49 U.S.C. 1657)''.

1979 - Subsec. (a). Pub. L. 96-23 substituted ''6,000'' for

''five thousand''.

1973 - Subsec. (e). Pub. L. 93-174 substituted ''Coast Guard

Academy and of the'' for ''Coast Guard Academy, of the'' and struck

out '', and of the Women's Reserve'' after ''training and reserve

components''.

1972 - Subsec. (e). Pub. L. 92-451 inserted provision that

officers excluded under section 1657(d)(1) of Title 49 shall not be

counted in determining authorized strengths.

1968 - Subsec. (a). Pub. L. 90-385 substituted ''five thousand''

for ''four thousand''.

1966 - Subsec. (a). Pub. L. 89-444 substituted ''four thousand''

for ''three thousand five hundred''.

1963 - Pub. L. 88-130 specified percentage of distribution of

commissioned officers from rear admiral to lieutenant commander,

authorized Secretary to prescribe percentages for lieutenant,

lieutenant (junior grade), and ensign, required number in each

grade to be computed by applying the applicable percentage to the

total number of officers serving on active duty on the date the

computation is made, provided that officers not on the active duty

promotion list, officers serving as extra numbers in grade, and

officers serving with other departments or agencies on a

reimbursable basis shall not be counted in determining authorized

strengths and that the number of officers authorized to be serving

on active duty in each grade of the permanent commissioned teaching

staff of the Coast Guard Academy, of the Reserve, and of the

Women's Reserve shall be prescribed by the Secretary, and struck

out provisions which included in the number of commissioned

officers the extra numbers in grade which increase the authorized

number of line officers upon separation or retirement of the person

holding such number, and the members of the permanent commissioned

teaching staff of the Coast Guard Academy, distributed commissioned

officers in grades in the same percentages as prescribed for the

Navy, determined authorized number of officers in the various

grades by the actual number on active duty, including permanent,

temporary, and reserve officers, but not including extra numbers in

the Coast Guard at the date of making the computation, and which

provided that no officer be reduced in permanent grade or pay or

removed from the active list as a result of any computation of the

number of officers in grade.

1960 - Pub. L. 86-474 substituted ''three thousand five hundred''

for ''three thousand''.

1956 - Act July 20, 1956, substituted ''three thousand'' for

''two thousand two hundred and fifty'' and inserted ''except that

the authorized number for a grade is temporarily increased during

the period between one computation and the next by the number of

officers originally appointed in that grade during that period and

the number of officers of that grade for whom vacancies exist in

the next higher grade but whose promotion has been delayed for any

reason''.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 271 of this title.

-CITE-

14 USC Sec. 43 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

(Sec. 43. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, provided for

relative rank of commissioned officers with respect to Army and

Navy officers. See section 741 of Title 10, Armed Forces.

-CITE-

14 USC Sec. 44 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 44. Commandant; appointment

-STATUTE-

The President may appoint, by and with the advice and consent of

the Senate, one Commandant for a period of four years, who may be

reappointed for further periods of four years, who shall act as

Chief of the Coast Guard. The Commandant shall be appointed from

the officers on the active duty promotion list serving above the

grade of captain who have completed at least ten years of active

service as a commissioned officer in the Coast Guard. The

Commandant while so serving shall have the grade of admiral.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 498; Pub. L. 86-474, Sec. 1(3),

May 14, 1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(3), Sept. 24,

1963, 77 Stat. 175; Pub. L. 89-444, Sec. 1(3), June 9, 1966, 80

Stat. 195; Pub. L. 92-451, Sec. 1(3), Oct. 2, 1972, 86 Stat. 755.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 11 (Apr. 16, 1908, ch.

145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38

Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; Apr. 23,

1930, ch. 211, 46 Stat. 253; June 9, 1937, ch. 309, Sec. 1, 50

Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246).

Said section has been divided. The provisions of the first

proviso are placed in section 45 of this title, and the remainder

is placed in this section.

The grade of the Commandant is fixed as vice admiral rather than

that prescribed for Bureau Chiefs of the Navy. The additional

qualifications that an officer appointed Commandant must have at

least 10 years commissioned service in the Coast Guard has been

inserted. 81st Congress, House Report No. 557.

AMENDMENTS

1972 - Pub. L. 92-451 substituted ''above the grade of captain''

for ''in the grade of captain or above'' in second sentence.

1966 - Pub. L. 89-444 struck out provision that the position of

an officer appointed Commandant be filled by promotion according to

law.

1963 - Pub. L. 88-130 substituted ''officers on the active duty

promotion list serving in the grade of'' for ''active list of

officers who hold a permanent commission as'', required qualifying

period of 10 years commissioned service to be ''active'' service,

and struck out '', pay, and allowances'' before ''of admiral''.

1960 - Pub. L. 86-474 substituted ''active list of officers'' for

''active list of line officers'', ''captain or above'' for

''commander or above'', and ''allowances of admiral'' for

''allowances of vice admiral''.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

this title.

EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES

Section 2 of Pub. L. 86-474 provided that: ''The increased grade

of admiral for the Commandant and vice admiral for the Assistant

Commandant (now Vice Commandant), including the pay and allowances

applicable to such grades, shall be effective on the first day of

the month following enactment of this Act (May 14, 1960).''

SAVINGS PROVISION

Section 3 of Pub. L. 86-474 provided that: ''Except as provided

by section 2 (set out as a note under this section), the amendments

by section 1 (amending sections 41, 42, 44, 46, 47, 186 to 191,

222, 247(c), 365, and 462 of this title, and repealing sections 45,

48, and 49 of this title) shall not operate to change or deprive

the present incumbents serving as Commandant, Assistant Commandant

(now Vice Commandant), and Engineer in Chief of any rights,

benefits and privileges appertaining to such offices on the day

preceding the date of enactment of this Act (May 14, 1960), nor to

divest them of their offices for the terms appointed.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 113.

-CITE-

14 USC Sec. 45 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

(Sec. 45. Repealed. Pub. L. 86-474, Sec. 1(4), May 14, 1960, 74

Stat. 144)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, related to

permanent grade of Commandant on expiration of term.

-CITE-

14 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 46. Retirement of Commandant

-STATUTE-

(a) A Commandant who is not reappointed shall be retired with the

grade of admiral at the expiration of the appointed term, except as

provided in subsection (FOOTNOTE 1) 51(d) of this title.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(b) A Commandant who is retired for physical disability shall be

placed on the retired list with the grade of admiral.

(c) An officer who is retired prior to the expiration of his

term, while serving as Commandant, may, in the discretion of the

President, be retired with the grade of admiral.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 499; Pub. L. 86-474, Sec. 1(5),

May 14, 1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(4), Sept. 24,

1963, 77 Stat. 175; Pub. L. 89-444, Sec. 1(4), (5), June 9, 1966,

80 Stat. 195; Pub. L. 97-295, Sec. 2(1), Oct. 12, 1982, 96 Stat.

1301; Pub. L. 99-348, title II, Sec. 205(b)(1), July 1, 1986, 100

Stat. 699; Pub. L. 103-206, title II, Sec. 204(a), Dec. 20, 1993,

107 Stat. 2421.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 161 (Jan. 12, 1923, ch.

25, Sec. 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924;

June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257,

Sec. 1(a), 54 Stat. 246).

Provision is added for retirement of the Commandant with the

grade and pay of vice admiral after 3 years service, in the

discretion of the President, regardless of total length of

service. Provision is also added for retirement with the grade and

pay of vice admiral in case of physical disability. 81st Congress,

House Report No. 557.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''Any

Commandant who is not reappointed shall, at the expiration of his

term, be retired with the grade of admiral.''

1986 - Pub. L. 99-348 struck out ''and retired pay computed at

the highest rates of basic pay applicable to him while he served as

Commandant'' after ''admiral'' in subsecs. (a) to (c).

1982 - Subsec. (a). Pub. L. 97-295 substituted ''Commandant'' for

''commandant''.

1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(4), removed

requirement that the Commandant serve 2 1/2 years as Commandant

before being eligible for retirement with the grade of admiral and

retired pay computed at the highest rates of basic pay applicable

to him while he served as Commandant.

Subsec. (d). Pub. L. 89-444, Sec. 1(5), repealed subsec. (d)

which provided that a Commandant who retired within 2 1/2 years of

the date of his original appointment as Commandant would retire in

his permanent grade and with the retired pay of that grade.

1963 - Subsecs. (a) to (c). Pub. L. 88-130 substituted ''of

admiral and retired pay computed at the highest rates of basic pay

applicable to him while he served as Commandant'' for ''and retired

pay of admiral''.

1960 - Pub. L. 86-474 authorized any Commandant who is not

reappointed at the expiration of his term to be retired with the

grade and retired pay of admiral, directed placement on the retired

list with the grade and retired pay of admiral for a Commandant who

is retired for physical disability, reduced from three to two and

one-half years the period that the Commandant must serve before he

may voluntarily apply retirement without regard to total length of

service, and provided that any Commandant who retires within two

and one-half years of the date of his original appointment as

Commandant shall retire in his permanent grade and with the retired

pay of that grade.

-CITE-

14 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 47. Vice Commandant; assignment

-STATUTE-

The President may appoint, by and with the advice and consent of

the Senate, one Vice Commandant who shall rank next after the

Commandant, shall perform such duties as the Commandant may

prescribe and shall act as Commandant during the absence or

disability of the Commandant or in the event that there is a

vacancy in the office of Commandant. The Vice Commandant shall be

selected from the officers on the active duty promotion list

serving above the grade of captain. The Commandant shall make

recommendation for such appointment. The Vice Commandant shall,

while so serving, have the grade of vice admiral with pay and

allowances of that grade. The appointment and grade of a Vice

Commandant shall be effective on the date the officer assumes that

duty, and shall terminate on the date the officer is detached from

that duty, except as provided in subsection (FOOTNOTE 1) 51(d) of

this title.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 499; Pub. L. 86-474, Sec. 1(6),

May 14, 1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(5), (6), Sept.

24, 1963, 77 Stat. 175; Pub. L. 89-444, Sec. 1(6), (7), June 9,

1966, 80 Stat. 195; Pub. L. 92-451, Sec. 1(4), Oct. 2, 1972, 86

Stat. 755; Pub. L. 97-295, Sec. 2(2), Oct. 12, 1982, 96 Stat. 1301;

Pub. L. 99-348, title II, Sec. 205(b)(2), July 1, 1986, 100 Stat.

700; Pub. L. 103-206, title II, Sec. 204(b)(1), Dec. 20, 1993, 107

Stat. 2421.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 11a, 12 (Apr. 16, 1908,

ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38

Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; May 24,

1939, ch. 148, Sec. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Sec.

1(b), 3, 54 Stat. 246; July 23, 1947, ch. 301, Sec. 2, 61 Stat.

410; May 19, 1948, ch. 305, 62 Stat. 239).

Said sections have been divided. The provisions of the proviso

of title 14, U.S.C., 1946 ed., Sec. 11a, and the first proviso of

title 14, U.S.C., 1946 ed., Sec. 12, are placed in section 48 of

this title and the remainder is placed in this section.

The provisions regarding appointment of the Assistant Commandant

and Engineer in Chief are coordinated, inasmuch as these positions

are about equal in the Coast Guard organization. The qualification

that the Engineer in Chief be appointed from the active list of

engineering officers is changed to the active list of officers who

have qualified for engineering duty, because there is no longer any

provision for a corps of engineering officers. 81st Congress, House

Report No. 557.

AMENDMENTS

1993 - Pub. L. 103-206 struck out ''; retirement'' after

''assignment'' in section catchline, struck out ''(a)'' before

''The President may appoint'', substituted ''The appointment and

grade of a Vice Commandant shall be effective on the date the

officer assumes that duty, and shall terminate on the date the

officer is detached from that duty, except as provided in

subsection 51(d) of this title.'' for ''The appointment of a Vice

Commandant shall be effective on the date the officer assumes such

duty, and shall terminate on the date he is detached from such

duty.'', and struck out subsecs. (b) to (d) which read as follows:

''(b) A Vice Commandant, while so serving, who is retired for

physical disability shall be placed on the retired list with the

grade of vice admiral.

''(c) An officer who is retired while serving as Vice Commandant,

or who, after serving at least two and one-half years as Vice

Commandant, is retired after completion of that service while

serving in a lower rank or grade, may, in the discretion of the

President, be retired with the grade of vice admiral.

''(d) An officer who, after serving less than two and one-half

years as Vice Commandant, is retired after completion of that

service while serving in a lower rank or grade, shall be retired in

his permanent grade.''

1986 - Subsecs. (b), (c). Pub. L. 99-348, Sec. 205(b)(2)(A),

struck out ''and retired pay'' after ''with the grade''.

Subsec. (d). Pub. L. 99-348, Sec. 205(b)(2)(B), struck out ''and

with the retired pay of that grade'' after ''permanent grade''.

1982 - Subsec. (a). Pub. L. 97-295 substituted ''a'' for ''an''

before ''Vice Commandant''.

1972 - Subsec. (a). Pub. L. 92-451 substituted ''Vice

Commandant'' for ''Assistant Commandant'' in four places, and

''above the grade of captain'' for ''in the grade of captain or

above'' in second sentence.

Subsec. (b). Pub. L. 92-451 substituted ''A Vice Commandant'' for

''An Assistant Commandant''.

Subsecs. (c), (d). Pub. L. 92-451 substituted ''Vice Commandant''

for ''Assistant Commandant'' wherever appearing.

1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(6), struck out

requirement that Assistant Commandant serve 2 1/2 years as

Assistant Commandant before becoming eligible for retirement with

the grade and pay of vice admiral.

Subsec. (d). Pub. L. 89-444, Sec. 1(7), struck out provision that

section 334 of this title, which covers cases of retirement when a

higher grade has been held, shall not apply to an officer retiring

within 2 1/2 years of the date of his original assignment as

Assistant Commandant.

1963 - Subsec. (a). Pub. L. 88-130, Sec. 1(5), substituted

''officers on the active duty promotion list serving in the grade

of captain or above'' for ''active list of officers who hold a

permanent commission as captain or above''.

Subsec. (d). Pub. L. 88-130, Sec. 1(6), substituted ''section

334'' for ''section 243''.

1960 - Pub. L. 86-474 amended section generally, and, among other

changes, required Assistant Commandant to be appointed from the

active list of officers who hold a permanent commission as captain

or above, raised grade of Assistant Commandant from rear admiral to

vice admiral, increased his pay and allowances from that of a rear

admiral (upper half) to that of a vice admiral, struck out

provisions which related to an Engineer in Chief, and added

subsecs. (b) to (d).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

this title.

EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES

The increased grade of vice admiral for the Vice Commandant,

including the pay and allowances applicable to such grade,

effective on the first day of the month following May 14, 1960, see

section 2 of Pub. L. 86-474, set out as a note under section 44 of

this title.

-CITE-

14 USC Sec. 48, 49 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

(Sec. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74

Stat. 145)

-MISC1-

Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to

permanent grade of that Assistant Commandant and Engineer in Chief

on expiration of term.

Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to

grade and retired pay upon retirement of Assistant Commandant or

Engineer in Chief.

-CITE-

14 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 50. Area commanders

-STATUTE-

(a) The President may appoint, by and with the advice and consent

of the Senate, a Commander, Atlantic Area, and a Commander, Pacific

Area, each of whom shall be an intermediate commander between the

Commandant and the district commanders in his respective area and

shall perform such duties as the Commandant may prescribe. The

area commanders shall be appointed from officers on the active duty

promotion list serving above the grade of captain. The Commandant

shall make recommendations for such appointments.

(b) An area commander shall, while so serving, have the grade of

vice admiral with pay and allowances of that grade. The

appointment and grade of an area commander shall be effective on

the date the officer assumes that duty, and shall terminate on the

date the officer is detached from that duty, except as provided in

subsection (FOOTNOTE 1) 51(d) of this title.

(FOOTNOTE 1) So in original. Probably should be ''section''.

-SOURCE-

(Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755;

amended Pub. L. 103-206, title II, Sec. 204(c), Dec. 20, 1993, 107

Stat. 2421.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-206 substituted ''The appointment

and grade of an area commander shall be effective on the date the

officer assumes that duty, and shall terminate on the date the

officer is detached from that duty, except as provided in

subsection 51(d) of this title.'' for ''The appointment of an area

commander is effective on the date the officer assumes that duty,

and terminates on the date he is detached from that duty.''

EFFECTIVE DATE

Section effective Oct. 2, 1972, except that continuation boards

may not be held until one year thereafter, see section 3 of Pub. L.

92-451, set out as an Effective Date of 1972 Amendment note under

section 290 of this title.

-CITE-

14 USC Sec. 50a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 50a. Chief of Staff

-STATUTE-

(a) The President may appoint, by and with the advice and consent

of the Senate, a Chief of Staff of the Coast Guard who shall rank

next after the area commanders and who shall perform duties as

prescribed by the Commandant. The Chief of Staff shall be appointed

from the officers on the active duty promotion list serving above

the grade of captain. The Commandant shall make recommendations

for the appointment.

(b) The Chief of Staff shall have the grade of vice admiral with

the pay and allowances of that grade. The appointment and grade of

the Chief of Staff shall be effective on the date the officer

assumes that duty, and shall terminate on the date the officer is

detached from that duty, except as provided in section 51(d) of

this title.

-SOURCE-

(Added Pub. L. 103-206, title II, Sec. 205(b)(1), Dec. 20, 1993,

107 Stat. 2422.)

-CITE-

14 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 51. Retirement

-STATUTE-

(a) An officer who, while serving in the grade of vice admiral,

is retired for physical disability shall be placed on the retired

list with the grade of vice admiral.

(b) An officer who is retired while serving in the grade of vice

admiral, or who, after serving at least two and one-half years in

the grade of vice admiral, is retired while serving in a lower

grade, may in the discretion of the President, be retired with the

grade of vice admiral.

(c) An officer who, after serving less than two and one-half

years in the grade of vice admiral, is retired while serving in a

lower grade, shall be retired in his permanent grade.

(d) An officer serving in the grade of admiral or vice admiral

shall continue to hold that grade -

(1) while being processed for physical disability retirement,

beginning on the day of the processing and ending on the day that

officer is retired, but not for more than 180 days; and

(2) while awaiting retirement, beginning on the day that

officer is relieved from the position of Commandant, Vice

Commandant, Area Commander, or Chief of Staff and ending on the

day before the officer's retirement, but not for more than 60

days.

-SOURCE-

(Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755;

amended Pub. L. 99-348, title II, Sec. 205(b)(3), July 1, 1986, 100

Stat. 700; Pub. L. 103-206, title II, Sec. 204(d), 205(c), Dec. 20,

1993, 107 Stat. 2421, 2422.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 205(c)(1), substituted

''in the grade of vice admiral'' for ''as Commander, Atlantic Area,

or Commander, Pacific Area''.

Subsec. (b). Pub. L. 103-206, Sec. 205(c)(2), substituted ''in

the grade of vice admiral'' for ''as Commander, Atlantic Area, or

Commander, Pacific Area''.

Subsec. (d). Pub. L. 103-206, Sec. 204(d), added subsec. (d).

1986 - Subsecs. (a), (b). Pub. L. 99-348, Sec. 205(b)(3)(A),

struck out ''and retired pay'' after ''with the grade''.

Subsec. (c). Pub. L. 99-348, Sec. 205(b)(3)(B), struck out ''and

with the retired pay of that grade'' after ''permanent grade''.

EFFECTIVE DATE

Section effective Oct. 2, 1972, except that continuation boards

may not be held until one year thereafter, see section 3 of Pub. L.

92-451, set out as an Effective Date of 1972 Amendment note under

section 290 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 47, 50, 50a of this

title.

-CITE-

14 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 52. Vice admirals, continuity of grade

-STATUTE-

The continuity of an officer's precedence on the active duty

promotion list, date of rank, grade, pay, and allowances as a vice

admiral shall not be interrupted by the termination of an

appointment for the purpose of reappointment to another position as

a vice admiral or admiral.

-SOURCE-

(Added Pub. L. 97-322, title I, Sec. 115(a)(1), Oct. 15, 1982, 96

Stat. 1585; amended Pub. L. 101-225, title II, Sec. 203(1), Dec.

12, 1989, 103 Stat. 1911.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-225 inserted ''or admiral'' after ''position

as a vice admiral''.

-CITE-

14 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 3 - COMPOSITION AND ORGANIZATION

-HEAD-

Sec. 53. Office of the Coast Guard Reserve; Director

-STATUTE-

(a) Establishment of Office; Director. - There is in the

executive part of the Coast Guard an Office of the Coast Guard

Reserve. The head of the Office is the Director of the Coast Guard

Reserve. The Director of the Coast Guard Reserve is the principal

adviser to the Commandant on Coast Guard Reserve matters and may

have such additional functions as the Commandant may direct.

(b) Appointment. - The President, by and with the advice and

consent of the Senate, shall appoint the Director of the Coast

Guard Reserve, from officers of the Coast Guard who -

(1) have had at least 10 years of commissioned service;

(2) are in a grade above captain; and

(3) have been recommended by the Secretary of Homeland

Security.

(c) Term. - (1) The Director of the Coast Guard Reserve holds

office for a term determined by the President, normally two years,

but not more than four years. An officer may be removed from the

position of Director for cause at any time.

(2) The Director of the Coast Guard Reserve, while so serving,

holds a grade above Captain, without vacating the officer's

permanent grade.

(d) Budget. - The Director of the Coast Guard Reserve is the

official within the executive part of the Coast Guard who, subject

to the authority, direction, and control of the Secretary of

Homeland Security and the Commandant, is responsible for

preparation, justification, and execution of the personnel,

operation and maintenance, and construction budgets for the Coast

Guard Reserve. As such, the Director of the Coast Guard Reserve is

the director and functional manager of appropriations made for the

Coast Guard Reserve in those areas.

(e) Annual Report. - The Director of the Coast Guard Reserve

shall submit to the Secretary of Homeland Security and the

Secretary of Defense an annual report on the state of the Coast

Guard Reserve and the ability of the Coast Guard Reserve to meet

its missions. The report shall be prepared in conjunction with the

Commandant and may be submitted in classified and unclassified

versions.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 557(a), Oct. 5, 1999,

113 Stat. 619; amended Pub. L. 107-296, title XVII, Sec. 1704(a),

Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (b)(3), (d), (e). Pub. L. 107-296 substituted

''of Homeland Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-CITE-