-CITE- 14 USC CHAPTER 3 - COMPOSITION AND ORGANIZATION 1/15/2013 -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 on active duty promotion list. [43. Repealed.] 44. Commandant; appointment. [45. Repealed.] 46. Retirement of Commandant. 47. Vice Commandant; appointment.(!1) [48, 49. Repealed.] 50. Vice admirals. [50a. Repealed.] 51. Retirement. 52. Vice admirals and admiral, continuity of grade. 53. Office of the Coast Guard Reserve; Director. 54. Chief of Staff to President: appointment. [55. Repealed.] 56. Chief Acquisition Officer. 57. Prevention and response workforces. 58. Centers of expertise for Coast Guard prevention and response. 59. Marine industry training programs.(!1) AMENDMENTS 2012 - Pub. L. 112-213, title II, Sec. 216(a), Dec. 20, 2012, 126 Stat. 1555, struck out item 55 "District Ombudsmen". 2010 - Pub. L. 111-281, title II, Secs. 204(b), 214(b), title IV, Sec. 401(b), title V, Secs. 511(f)(3), 521(b), Oct. 15, 2010, 124 Stat. 2911, 2916, 2930, 2953, 2956, added items 55 to 59, substituted "Number and distribution of commissioned officers on active duty promotion list" for "Number and distribution of commissioned officers" in item 42, "Vice Commandant; appointment" for "Vice Commandant; assignment" in item 47, "Vice admirals" for "Area commanders" in item 50, and "Vice admirals and admiral, continuity of grade" for "Vice admirals, continuity of grade" in item 52, and struck out item 50a "Chief of Staff". 2006 - Pub. L. 109-163, div. A, title V, Sec. 597(b), Jan. 6, 2006, 119 Stat. 3283, added item 54. 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, Secs. 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. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 14 USC Sec. 41 1/15/2013 -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, Secs. 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., Secs. 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, Secs. 1, 2, 42 Stat. 1130; July 3, 1926, ch. 742, Secs. 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 Source (U.S. Code) Source (Statutes at Large) section -------------------------------------------------------------------- 41 14:41. Aug. 4, 1949, ch. 393, Sec. 1(41), 63 Stat. 497. 34:135a(a) (less last sentence, as applicable to temporary appointments). May 29, 1954, ch. 249, Sec. 3(a) (less 3d and 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. -End- -CITE- 14 USC Sec. 41a 1/15/2013 -EXPCITE- 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. -End- -CITE- 14 USC Sec. 42 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 42. Number and distribution of commissioned officers on active duty promotion list -STATUTE- (a) Maximum Total Number. - The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,200; except that the Commandant may temporarily increase that number by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class. (b) Distribution Percentages by Grade. - (1) Required. - The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander. (2) Discretionary. - The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. (3) Authority of secretary to reduce percentage. - The Secretary - (A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and (B) shall apply that total percentage reduction to any other lower grade or combination of lower grades. (c) Computations. - (1) In general. - The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list. (2) Rounding fractions. - Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number. (3) Treatment of officers serving outside coast guard. - The number of commissioned officers on the active duty promotion list below the rank of rear admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade. (d) Use of Numbers; Temporary Increases. - The numbers resulting from computations under subsection (c) 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 Serving Coast Guard Academy and Reserve. - 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. -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; Pub. L. 108-293, title II, Sec. 214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111-281, title II, Sec. 204(a), Oct. 15, 2010, 124 Stat. 2910.) -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. AMENDMENTS 2010 - Pub. L. 111-281 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to number and distribution of commissioned officers. 2004 - Subsec. (a). Pub. L. 108-293, Sec. 214(1), substituted "6,700 in each fiscal year 2004, 2005, and 2006" for "6,200". Subsec. (b). Pub. L. 108-293, Sec. 214(2), substituted "commander 15.0; lieutenant commander 22.0" for "commander 12.0; lieutenant commander 18.0". 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. -End- -CITE- 14 USC Sec. 43 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 43. Repealed. -MISC1- [Sec. 43. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641]. 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. -End- -CITE- 14 USC Sec. 44 1/15/2013 -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, Secs. 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 Pub. L. 86-474, Sec. 2, May 14, 1960, 74 Stat. 146, 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 Pub. L. 86-474, Sec. 3, May 14, 1960, 74 Stat. 146, 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." -End- -CITE- 14 USC Sec. 45 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 45. Repealed. -MISC1- [Sec. 45. Repealed. Pub. L. 86-474, Sec. 1(4), May 14, 1960, 74 Stat. 144]. Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, related to permanent grade of Commandant on expiration of term. -End- -CITE- 14 USC Sec. 46 1/15/2013 -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 (!1) 51(d) of this title. (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. -FOOTNOTE- (!1) So in original. Probably should be "section". -End- -CITE- 14 USC Sec. 47 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 47. Vice commandant; (!1) appointment -STATUTE- -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 section 51(d) of this title. -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; Pub. L. 111-281, title V, Sec. 511(f)(1), (g), Oct. 15, 2010, 124 Stat. 2952, 2953.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Secs. 11a, 12 (Apr. 16, 1908, ch. 145, Secs. 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, Secs. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Secs. 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 2010 - Pub. L. 111-281 substituted "Vice commandant; appointment" for "Vice Commandant; assignment" in section catchline and "section 51(d)" for "subsection 51(d)" in text. 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. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 14 USC Secs. 48, 49 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Secs. 48, 49. Repealed. -MISC1- [Secs. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74 Stat. 145]. 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. -End- -CITE- 14 USC Sec. 50 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 50. Vice admirals -STATUTE- (a)(1) The President may designate no more than 4 positions of importance and responsibility that shall be held by officers who - (A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and (B) shall perform such duties as the Commandant may prescribe. (2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. (3)(A) Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues. (B) The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewardship possesses that experience. (b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty. (2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral - (A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; (B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and (C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer's retirement, but not for more than 60 days. (c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. (2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer's permanent grade. (d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office. -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; Pub. L. 111-281, title V, Sec. 511(a), Oct. 15, 2010, 124 Stat. 2951; Pub. L. 111-330, Sec. 1(5), Dec. 22, 2010, 124 Stat. 3569.) -MISC1- AMENDMENTS 2010 - Pub. L. 111-281, Sec. 511(a), as amended by Pub. L. 111- 330, amended section generally. Prior to amendment, section provided for the appointment of a Commander, Atlantic Area, and a Commander, Pacific Area, each having the grade of vice admiral with pay and allowances of that grade. 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 OF 2010 AMENDMENT Pub. L. 111-330, Sec. 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(5) is effective with the enactment of Pub. L. 111-281. 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. TREATMENT OF INCUMBENTS; TRANSITION Pub. L. 111-281, title V, Sec. 511(h)(1), Oct. 15, 2010, 124 Stat. 2953, provided that: "Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act [Oct. 15, 2010], is serving as Chief of Staff, Commander, Atlantic Area, or Commander, Pacific Area - "(A) shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed and confirmed to another position as a vice admiral or admiral; or "(B) for the purposes of transition, may continue at the grade of vice admiral with pay and allowance of that grade, for not more than 1 year after the date of enactment of this Act, to perform the duties of the officer's former position and any other such duties that the Commandant prescribes." -End- -CITE- 14 USC Sec. 50a 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 50a. Repealed. -MISC1- [Sec. 50a. Repealed. Pub. L. 111-281, title V, Sec. 511(b), Oct. 15, 2010, 124 Stat. 2952]. Section, added Pub. L. 103-206, title II, Sec. 205(b)(1), Dec. 20, 1993, 107 Stat. 2422, related to appointment and grade of Chief of Staff of the Coast Guard. -End- -CITE- 14 USC Sec. 51 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 51. Retirement -STATUTE- (a) An officer, other than the Commandant, who, while serving in the grade of vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served. (b) An officer, other than the Commandant, who is retired while serving in the grade of vice admiral, or who, after serving at least 2 1/2 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 highest grade in which that officer served. (c) An officer, other than the Commandant, who, after serving less than 2 1/2 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, or Vice Admiral 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, Secs. 204(d), 205(c), Dec. 20, 1993, 107 Stat. 2421, 2422; Pub. L. 111-281, title V, Sec. 511(c), Oct. 15, 2010, 124 Stat. 2952.) -MISC1- AMENDMENTS 2010 - Subsecs. (a) to (c). Pub. L. 111-281, Sec. 511(c)(1), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which read as follows: "(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." Subsec. (d)(2). Pub. L. 111-281, Sec. 511(c)(2), substituted "or Vice Admiral" for "Area Commander, or Chief of Staff". 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. -End- -CITE- 14 USC Sec. 52 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 52. Vice admirals and admiral, 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 or 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; Pub. L. 111-281, title V, Sec. 511(d), (f)(2), Oct. 15, 2010, 124 Stat. 2952, 2953.) -MISC1- AMENDMENTS 2010 - Pub. L. 111-281 substituted "Vice admirals and admiral, continuity of grade" for "Vice admirals, continuity of grade" in section catchline and inserted "or admiral" after "allowances as a vice admiral" in text. 1989 - Pub. L. 101-225 inserted "or admiral" after "position as a vice admiral". -End- -CITE- 14 USC Sec. 53 1/15/2013 -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. -End- -CITE- 14 USC Sec. 54 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 54. Chief of Staff to President: appointment -STATUTE- The President, by and with the advice and consent of the Senate, may appoint a flag officer of the Coast Guard as the Chief of Staff to the President. -SOURCE- (Added Pub. L. 109-163, div. A, title V, Sec. 597(a), Jan. 6, 2006, 119 Stat. 3283.) -End- -CITE- 14 USC Sec. 55 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 55. Repealed. -MISC1- [Sec. 55. Repealed. Pub. L. 112-213, title II, Sec. 216(a), Dec. 20, 2012, 126 Stat. 1555]. Section, added Pub. L. 111-281, title II, Sec. 214(a), Oct. 15, 2010, 124 Stat. 2915, related to appointment and functions of District Ombudsman. -End- -CITE- 14 USC Sec. 56 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 56. Chief Acquisition Officer -STATUTE- (a) In General. - There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individual's primary duty. (b) Qualifications. - (1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an acquisition professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as - (A) the program executive officer; (B) the program manager of a Level 1 or Level 2 acquisition project or program; (C) the deputy program manager of a Level 1 or Level 2 acquisition; (D) the project manager of a Level 1 or Level 2 acquisition; or (E) any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. (2) The Commandant shall periodically publish a list of the positions designated under paragraph (1). (3) In this subsection each of the terms "Level 1 acquisition" and "Level 2 acquisition" has the meaning that term has in chapter 15 of this title. (c) Functions of the Chief Acquisition Officer. - The functions of the Chief Acquisition Officer include - (1) monitoring the performance of acquisition projects and programs on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard; (2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, assets, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government's requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service procured; (3) making acquisition decisions in concurrence with the technical authority, or technical authorities, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard; (4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used; (5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard; (6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce; (7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management; (8) developing strategies and specific plans for hiring, training, and professional development; and (9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability. -SOURCE- (Added Pub. L. 111-281, title IV, Sec. 401(a), Oct. 15, 2010, 124 Stat. 2929.) -MISC1- SELECTION DEADLINE Pub. L. 111-281, title IV, Sec. 401(c), Oct. 15, 2010, 124 Stat. 2930, provided that: "As soon as practicable after the date of enactment of this Act [Oct. 15, 2010], but no later than October 1, 2011, the Commandant of the Coast Guard shall select a Chief Acquisition Officer under section 56 of title 14, United States Code, as amended by this section." SPECIAL RATE SUPPLEMENTS Pub. L. 111-281, title IV, Sec. 401(d), Oct. 15, 2010, 124 Stat. 2930, as amended by Pub. L. 111-330, Sec. 1(3), Dec. 22, 2010, 124 Stat. 3569, provided that: "(1) Requirement to establish. - Not later than 1 year after the date of enactment of this Act [Oct. 15, 2010] and in accordance with section 9701.333 of title 5, Code of Federal Regulations, the Commandant of the Coast Guard shall establish special rate supplements that provide higher pay levels for employees necessary to carry out the amendment made by this section [adding this section]. "(2) Subject to appropriations. - The requirement under paragraph (1) is subject to the availability of appropriations." ELEVATION OF DISPUTES TO THE CHIEF ACQUISITION OFFICER Pub. L. 111-281, title IV, Sec. 401(e), Oct. 15, 2010, 124 Stat. 2931, provided that: "If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding Level 1 or Level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue." -End- -CITE- 14 USC Sec. 57 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 57. Prevention and response workforces -STATUTE- (a) Career Paths. - The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths. (b) Qualifications for Certain Assignments. - An officer, member, or civilian employee of the Coast Guard assigned as a - (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under section 3316 of title 46 for the type of vessel, system, or equipment that is inspected; (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; or (3) marine safety engineer shall have knowledge, skill, and practical experience in - (A) the construction and operation of commercial vessels; (B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of vessel personnel. (c) Apprenticeship Requirement To Qualify for Certain Careers. - The Commandant may require an officer, member, or employee of the Coast Guard in training for a specialized prevention or response career path to serve an apprenticeship under the guidance of a qualified individual. However, an individual in training to become a marine inspector, marine casualty investigator, or marine safety engineer shall serve a minimum of one-year as an apprentice unless the Commandant authorizes a shorter period for certain qualifications. (d) Management Information System. - The Secretary, acting through the Commandant, shall establish a management information system for the prevention and response workforces that shall provide, at a minimum, the following standardized information on persons serving in those workforces: (1) Qualifications, assignment history, and tenure in assignments. (2) Promotion rates for military and civilian personnel. (e) Assessment of Adequacy of Marine Safety Workforce. - (1) Report. - The Secretary, acting through the Commandant, shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by December 1 of each year on the adequacy of the current marine safety workforce to meet that anticipated workload. (2) Contents. - The report shall specify the number of civilian and military Coast Guard personnel currently assigned to marine safety positions and shall identify positions that are understaffed to meet the anticipated marine safety workload. (f) Sector Chief of Prevention. - There shall be in each Coast Guard sector a Chief of Prevention who shall be at least a Lieutenant Commander or civilian employee within the grade GS-13 of the General Schedule, and who shall be a - (1) marine inspector, qualified to inspect vessels, vessel systems, and equipment commonly found in the sector; and (2) qualified marine casualty investigator or marine safety engineer. (g) Signatories of Letter of Qualification for Certain Prevention Personnel. - Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification for the type being certified. (h) Sector Chief of Response. - There shall be in each Coast Guard sector a Chief of Response who shall be at least a Lieutenant Commander or civilian employee within the grade GS-13 of the General Schedule in each Coast Guard sector. -SOURCE- (Added Pub. L. 111-281, title V, Sec. 521(a), Oct. 15, 2010, 124 Stat. 2953.) -End- -CITE- 14 USC Sec. 58 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 58. Centers of expertise for Coast Guard prevention and response -STATUTE- (a) Establishment. - The Commandant of the Coast Guard may establish and operate one or more centers of expertise for prevention and response missions of the Coast Guard (in this section referred to as a "center"). (b) Missions. - Each center shall - (1) promote and facilitate education, training, and research; (2) develop a repository of information on its missions and specialties; and (3) perform any other missions as the Commandant may specify. (c) Joint Operation With Educational Institution Authorized. - The Commandant may enter into an agreement with an appropriate official of an institution of higher education to - (1) provide for joint operation of a center; and (2) provide necessary administrative services for a center, including administration and allocation of funds. (d) Acceptance of Donations. - (1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a center, donations to be used to defray the costs of the center or to enhance the operation of the center. Those donations may be accepted from any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any individual. (2) The Commandant may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise - (A) the ability of the Coast Guard or the department in which the Coast Guard is operating, any employee of the Coast Guard or the department, or any member of the Armed Forces to carry out any responsibility or duty in a fair and objective manner; or (B) the integrity of any program of the Coast Guard, the department in which the Coast Guard is operating, or of any person involved in such a program. (3) The Commandant shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a donation from a foreign source would have a result described in paragraph (2). -SOURCE- (Added Pub. L. 111-281, title V, Sec. 521(a), Oct. 15, 2010, 124 Stat. 2955.) -End- -CITE- 14 USC Sec. 59 1/15/2013 -EXPCITE- TITLE 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION -HEAD- Sec. 59. Marine industry training program -STATUTE- (a) In General. - The Commandant shall, by policy, establish a program under which an officer, member, or employee of the Coast Guard may be assigned to a private entity to further the institutional interests of the Coast Guard with regard to marine safety, including for the purpose of providing training to an officer, member, or employee. Policies to carry out the program - (1) with regard to an employee of the Coast Guard, shall include provisions, consistent with sections 3702 through 3704 of title 5, as to matters concerning - (A) the duration and termination of assignments; (B) reimbursements; and (C) status, entitlements, benefits, and obligations of program participants; and (2) shall require the Commandant, before approving the assignment of an officer, member, or employee of the Coast Guard to a private entity, to determine that the assignment is an effective use of the Coast Guard's funds, taking into account the best interests of the Coast Guard and the costs and benefits of alternative methods of achieving the same results and objectives. (b) Annual Report. - Not later than the date of the submission each year of the President's budget request under section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes - (1) the number of officers, members, and employees of the Coast Guard assigned to private entities under this section; and (2) the specific benefit that accrues to the Coast Guard for each assignment. -SOURCE- (Added Pub. L. 111-281, title V, Sec. 521(a), Oct. 15, 2010, 124 Stat. 2956.) -End-