United States Code

AMENDMENTS

1972-Pub. L. 92-451, § 1(8), Oct. 2, 1972, 86 Stat. 756 substituted "Vice Commandant" for "Assistant Commandant" in item 47 and added items 50 and 51.

§ 41. Grades and ratings.

In the Coast Guard there shall be an admiral, vice admirals; rear admirals; captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2; cadets; warrant officers, W-1; and enlisted men. Enlisted men shall be distributed in ratings established by the Secretary. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(1), 86 Stat. 755.)

AMENDMENTS

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 1481.

§ 42. Number and distribution of commissioned offi

cers.

(e) Officers who are not included on the active duty promotion list, officers serving as extra numbers in grade under sections 432 and 433 of this title, and officers serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 9(d) (1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657), 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, of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, and of the Women's Reserve shall be prescribed by the Secretary. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(2), 86 Stat. 755.)

AMENDMENTS

1972-Subsec. (e) Pub. L. 92-451 added provision that officers excluded under section 1657(d) (1) of Title 49 shall not be counted in determining authorized strengths.

Page 245

§ 44. Commandant; appointment.

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. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(3), 86 Stat. 755.)

AMENDMENTS

1972-Pub. L. 92-451 substituted “above the grade of captain" for "in the grade of captain or above" in the second sentence.

§ 47. Vice Commandant; assignment; retirement.

(a) 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 of an1 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.

(b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade and retired pay of vice admiral.

1 Pub. L. 92-451 amended subsec. substituting "Vice Commandant" for "Assistant Commandant", but did not change "an" to "a".

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 and retired pay 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 and with the retired pay of that grade. (As amended Oct. 2, 1972, Pub. L. 92-451, § 1(4), 86 Stat. 755.)

AMENDMENTS

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 the second sentence. Subsec. (b). Pub. L. 92-451 substituted "A Vice Commandant" for "An Assistant Commandant”.

Subsec. (c). Pub. L. 92-451 substituted "Vice Commandant" for "Assistant Commandant" in two places.

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.

§ 50. Area commanders.

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

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 a note under section 290 of this title.

§ 51. Retirement.

(a) An officer who, while serving as Commander, Atlantic Area, or Commander, Pacific Area, is retired for physical disability shall be placed on the retired list with the grade and retired pay of vice admiral.

(b) An officer who is retired while serving as Commander, Atlantic Area, or Commander, Pacific Area, 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 and retired pay 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 and with the retired pay of that grade. (Added Pub. L. 92-451, § 1(5), Oct. 2, 1972, 86 Stat. 755.)

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 a note under section 290 of this title.

Chapter 5.-FUNCTIONS AND POWERS

§ 92. Secretary; general powers.

OPERATING EXPENSES; AIRCRAFT

Section 101 of Pub. L. 92-398, title I, Aug. 22, 1972, 86 Stat. 581, provided in part: "That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-five exclusive of planes and parts stored to meet future attrition".

Similar provisions were contained in the following prior appropriation act:

1971-Aug. 10, 1971, Pub. L. 92-74, title I, § 101, 85 Stat. 202.

Chapter 9.-COAST GUARD ACADEMY

§ 182. Cadets; number, appointment, obligation to

serve.

(a) The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred. Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Previous to his admission each cadet shall obligate himself, in such manner as the Secretary shall prescribe, to complete the course of instruction at the Coast Guard Academy and to serve at least five years as an officer in the Coast Guard after graduation, if his service be so long required. Cadets shall be subject to rules governing discipline prescribed by the Commandant.

(b) A cadet who does not fulfill his obligation to complete the course of instruction or refuses to accept an appointment as an officer in the Coast Guard may be transferred by the Secretary to the Coast Guard Reserve in an appropriate enlisted grade or rating, and, notwithstanding section 651 of title 10, United States Code, may be ordered to active duty to serve in that grade or rating for such period of time as the Secretary prescribes, but not for more than four years. (As amended June 12, 1970, Pub. L. 91-278, § 1(4), 84 Stat. 304.)

AMENDMENT

1970 Subsection (a) amended by Pub. L. 91-278 by inserting "to complete the course of instruction at the Coast Guard Academy and" after "prescribe," in the penultimate sentence.

Chapter 11.-PERSONNEL

OFFICERS

D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS Sec. 290.

Rear admirals; continuation on active duty; involuntary retirement.

1971-Subsec. (f). Pub. L. 92-129 added provision covering appointments of officers in the Coast Guard Reserve to grades above lieutenant commander.

§ 287. Separation for failure of selection for promotion or continuation; time of.

If, under section 282, 283, 284, 285, 289, or 290 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval. (As amended Pub. L. 92-451, § 1(6), Oct. 2, 1972, 86 Stat. 755.)

AMENDMENTS

1972-Pub. L. 92-451 added reference to section 290.. 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.

§ 290. Rear admirals; continuation on active duty; involuntary retirement.

(a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral. A board shall consist of at least five officers serving in the grade of vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral is subject to consideration for continuation

during a fiscal year in which he completes not less than four or more than five years service in that grade.

(b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation.

(c) The provisions of sections 253, 254, 258, and 260 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section.

(d) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval.

(e) Each officer who is considered but not continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the fiscal year in which the report of the continuation board convened under this section is approved.

(f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the fiscal year in which he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434 of this title.

(g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from fiscal year to fiscal year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection. (As amended Pub. L. 92451, § 1(7), Oct. 2, 1972, 86 Stat. 756.)

AMENDMENTS

1972-Pub. L. 92-451 substituted "continuation on active duty" for "retention on the active list" in the section catchline.

Subsec. (a). Pub. L. 92-451 added subsec. (a). Former subsec. (a) redesignated (f).

Subsec. (b). Pub. L. 92-451 added subsec. (b). Former subsec. (b) redesignated (g).

Subsec. (c). Pub. L. 92-451 added subsec. (c). Former subsec. (c) provided that provisions of former subsecs. (a) and (b) were inapplicable to officers serving as Commandants.

Subsec. (d). Pub. L. 92-451 added subsec. (d).
Subsec. (e). Pub. L. 92-451 added subsec. (e).

Subsec. (f). Pub. L. 92-451 incorporated provisions of former subsec. (a) in provisions designated as subsec. (f), and among other changes extended the minimum service for retirement from 35 years to 36 years of active commissioned service and deleted the alternative seven year permanent grade service.

Subsec. (g). Pub. L. 92-451 incorporated provisions of former subsec. (b) in provisions designated as subsec. (g), and among other changes, substituted officer for rear admiral.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3 of Pub. L. 92-451 provided that: "This Act [enacting sections 50 and 51 of this title, and amending this section and sections 41, 42, 44, 47 and 287 of this title and section 202 of title 37] is effective upon enactment [Oct. 2, 1972] except that continuation boards, pursuant to subsection (a) of section 290 of title 14, United States Code, as amended by this Act [subsec. (a) of this section], may not be held until one year following enactment hereof [Oct. 2, 1972]. During the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years' service in that grade. Subsections (b) through (g) of section 290 and other sections of title 14, United States Code, as amended by this Act [subsecs. (b) through (g) of this section and sections 41, 42, 44, 47, 50, 51 and 287 of this title], apply to continuation board action taken pursuant to this section. No officer who is entitled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduction which results from this Act in the number of officers entitled to the basic pay of a rear admiral of the upper half.”

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287 of this title.

§ 423. Computation of retired pay.

The retired pay of a grade or rating shall be computed at the rate of 22 percent of the sum of the basic pay of that grade or rating, and all permanent additions thereto including longevity credit to which the officer or enlisted man concerned was entitled at the time of retirement, multiplied by the number of years of service that may be credited to him under section 1405 of title 10. In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, his retired pay shall be computed at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement. In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service the retired pay shall be 21⁄2 percent of his basic pay in the grade in which serving at the time of retirement multiplied by the number of years of service for which he would be entitled to credit in the computation of pay on the active list had he been serving in the grade of captain at the time of his retirement. A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 22 percent is multiplied. (As amended Oct. 2, 1972, Pub. L. 92-455, § 2, 86 Stat. 761.)

AMENDMENTS

1972-Pub. L. 92-455 provided for computation of retired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement.

Chapter 13.-PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

§ 475. Leasing and hiring of quarters; rental of inadequate housing.

(a) The Secretary of the Department in which the Coast Guard is operating is authorized to lease housing facilities at or near Coast Guard installations, wherever located, for assignment as public quarters to military personnel and their dependents, if any, without rental charge upon a determination by the Secretary, or his designee, that there is a lack of adequate housing facilities at or near such Coast Guard installations. Such public housing facilities may be leased on an individual or multiple-unit basis. Expenditures for the rental of such housing facilities may not exceed the average authorized for the Department of Defense in any year except where the Secretary of the Department in which the Coast Guard is operating finds that the average is so low as to prevent rental of necessary housing facilities in some areas, in which event he is authorized to reallocate existing funds to high-cost areas so that rental expenditures in such areas exceed the average authorized for the Department of Defense.

(e) The authority provided in subsections (b) and (c) of this section shall expire on June 30, 1973.

(f) The Secretary of the Department in which the Coast Guard is operating shall annually, not later than April 1, commencing April 1, 1973, file with the Speaker of the House of Representatives and the President of the Senate a complete report of the utilization of the authority granted in subsections (a), (b), (c), and (d) of this section during the preceding calendar year.

(g) The authority conferred by subsections (a), (b), (c), or (d) of this section may not be utilized after April 1, 1973, unless all reports required by subsection (f) of this section have been filed with the Congress. (As amended July 10, 1972, Pub. L. 92-343, § 4, 86 Stat. 450.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-343, § 4(1), substituted "The Secretary of the Department in which the Coast Guard is operating" for "The Secretary" in the first sentence.

Subsec. (e). Pub. L. 92-343, § 4(2), struck out reference to subsec. (a) and extended the authority provided in subsecs. (b) and (c) to June 30, 1973.

Subsec. (f). Pub. L. 92-343, § 4(3), added subsec. (f). Subsec. (g). Pub. L. 92-343, § 4(3), added subsec. (g). Ex. ORD. 11645. AUTHORITY OF SECRETARY TO PRESCRIBE CERTAIN REGULATIONS RELATING TO HOUSING

Ex. Ord. No. 11645, Feb. 8, 1972, 37 F.R. 2923, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SECTION 1. The Secretary of Transportation is designated and empowered to prescribe (or, under a delegation of the Secretary's authority, the Commandant of the Coast Guard is authorized to prescribe) regulations pursuant to section 475 (c) of title 14 of the United States Code, relating to the designation and leasing of rental housing, without the approval, ratification, or other action by the President.

§ 646. Admiralty claims against the United States.

(a) The Secretary may consider, ascertain, adjust, determine, compromise, or settle, and pay in an amount not more than $100,000, an admiralty claim against the United States for

(1) damage caused by a vessel in the Coast Guard service or by other property under the jurisdiction of the Department in which the Coast Guard is operating;

(2) compensation for towage and salvage services, including contract salvage, rendered to a vessel in the Coast Guard service or to other property under the jurisdiction of the Department in which the Coast Guard is operating; or

(3) damage caused by a maritime tort committed by an agent or employee of the Department in which the Coast Guard is operating or by property under the jurisdiction of that Department.

(b) Upon acceptance of payment by the claimant, the settlement or compromise of a claim under this section is final and conclusive notwithstanding any other law.

(c) If a claim under this section is settled or compromised for more than $100,000, the Secretary shall certify it to Congress. (As amended Aug. 29, 1972, Pub. L. 92-417, § 2(a), 86 Stat. 655.)

1972

AMENDMENTS

Subsec. (a) Pub. L. 92-417 incorporated in part the first sentence of former subsec. (a) in the text preceding par. (1), substituted "Secretary" for "Secretary of the Treasury", added provisions authorizing payments up to $100,000, deleted second, third, and fourth sentences providing that provisions of this section were supplementary to other provisions, that claims in excess of $3,000 accrued prior to Sept. 8, 1939 would not be considered, and that payments be made out of Coast Guard appropriations, and added pars. (1)–(3).

Subsec. (b). Pub. L. 92-417 incorporated in part the first sentence of former subsec. (a).

Subsec. (c). Pub. L. 92-417 incorporated provisions of the last sentence of former subsec. (a), and substituted "100,000" for "25,000".

§ 650. Coast Guard Supply Fund.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the

§ 764. Active duty for emergency augmentation of regular forces.

(a) Notwithstanding the provisions of any other law and for the emergency augmentation of regular Coast Guard forces at times of serious natural or manmade disaster, accident, or catastrophe the Secretary may, subject to approval by the President and without the consent of persons affected, order to active duty of not more than fourteen days in any four-month period and not more than thirty days in any one-year period from the Coast Guard Ready Reserve any organized training unit; any member or members thereof; or any member not assigned to a unit organized to serve as a unit.

(b) A reasonable time, under the circumstances of the domestic emergency involved, shall be allowed between the date when a Reserve ordered to active duty under this section is alerted for that duty and the date when he is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days.

(1) shall satisfy on a day-for-day basis all or a part of the annual active duty for training requirement of section 270 of title 10, United States Code;

(2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and

(3) entitles a member while engaged therein, or while engaged in authorized travel to or from such duty, to all the rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which he would be entitled while performing other regular active duty. (Added Pub. L. 92-479, § 1, Oct. 9, 1972, 86 Stat. 794.)

Chapter 23.-COAST GUARD AUXILIARY CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 1481.

« Previous Continue »

Books