§42. Number and distribution of commissioned officers

(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 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 497 ; July 20, 1956, ch. 647, §2, 70 Stat. 588 ; Pub. L. 86–474, §1(2), May 14, 1960, 74 Stat. 144 ; Pub. L. 88–130, §1(2), Sept. 24, 1963, 77 Stat. 174 ; Pub. L. 89–444, §1(2), June 9, 1966, 80 Stat. 195 ; Pub. L. 90–385, July 5, 1968, 82 Stat. 293 ; Pub. L. 92–451, §1(2), Oct. 2, 1972, 86 Stat. 755 ; Pub. L. 93–174, §1(2), Dec. 5, 1973, 87 Stat. 692 ; Pub. L. 96–23, §4, June 13, 1979, 93 Stat. 68 ; Pub. L. 97–417, §2(2), Jan. 4, 1983, 96 Stat. 2085 ; Pub. L. 97–449, §5(b), Jan. 12, 1983, 96 Stat. 2442 ; Pub. L. 98–557, §25(a)(1), Oct. 30, 1984, 98 Stat. 2872 ; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629 ; Pub. L. 103–206, title II, §201, Dec. 20, 1993, 107 Stat. 2420 .)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §6a (July 23, 1947, ch. 301, §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.

References in Text

Section 433 of this title, referred to in subsec. (e), was repealed by Pub. L. 99–640, §10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549 .

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.

Cross References

Navy, distribution of commissioned officers, see section 521 et seq. of Title 10, Armed Forces.

Professors of Coast Guard Academy, number and appointment, see sections 187, 188 of this title.

Section Referred to in Other Sections

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

¹ See References in Text note below.