14 U.S.C. § 301 — Grades and ratings

Page 11 TITLE 14—COAST GUARD § 301 cial commendation. Section had previously been re- pealed by Pub. L. 86–155, § 10(a)(1), (b), Aug. 11, 1959, 73 Stat. 338, effective Nov. 1, 1959. Section 240, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, § 7, 64 Stat. 407, authorized recall of retired officers in time of war or national emergency. Section 241, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, § 8, 64 Stat. 407, related to recall to active duty with the consent of the officer. Section 242, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, § 9, 64 Stat. 407, related to relief of retired officers promoted while on active duty. Section 243, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, § 10, 64 Stat. 407; Aug. 14, 1957, Pub. L. 85–144, § 1, 71 Stat. 366, related to retirement in cases where a higher grade has been held. Section 244, act Aug. 4, 1949, ch. 393, 63 Stat. 517, re- lated to resignation when out of line of promotion. Section 245, act Aug. 4, 1949, ch. 393, 63 Stat. 517, re- lated to retiring or dropping for disabilities not inci- dent to service. See section 1207 of Title 10, Armed Forces. Section had previously been repealed by act Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408. Section 246, act Aug. 4, 1949, ch. 393, 63 Stat. 518, re- lated to dropping for disabilities due to vicious habits. See section 1207 of Title 10. Section had previously been repealed by act Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408. Section 247, added act Aug. 9, 1955, ch. 684, § 1(2), 69 Stat. 620; amended May 14, 1960, Pub. L. 86–474, § 1(17), 74 Stat. 146, related to involuntary retirement of rear admirals and to their retention on active list. Section 248, added act Aug. 9, 1955, ch. 684, § 1(2), 69 Stat. 620, related to involuntary retirement of captains and to their retention on active list. A prior section 277, added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, provided that warrant offi- cers could be temporarily promoted to higher warrant officer grades under regulations prescribed by Sec- retary, prior to repeal by Pub. L. 104–324, title II, § 210(a), Oct. 19, 1996, 110 Stat. 3915, with such repeal not to be construed to affect the status of any warrant offi- cer then serving under a temporary promotion. A prior section 293, added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700, mandated retire- ment of any regular commissioned officer, except a commissioned warrant officer, at age 62, prior to repeal by Pub. L. 111–281, title II, § 215(a), Oct. 15, 2010, 124 Stat. 2916. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 5 of this title as this section. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–263, div. K, § 11002, Dec. 23, 2022, 136 Stat. 4003, provided that: ‘‘In this division [div. K (§§ 11001–11808) of Pub. L. 117–263, see Tables for classi- fication]: ‘‘(1) COMMANDANT.—The term ‘Commandant’ means the Commandant of the Coast Guard. ‘‘(2) SECRETARY.—Except as otherwise provided, the term ‘Secretary’ means the Secretary of the depart- ment in which the Coast Guard is operating.’’ Pub. L. 116–283, div. G, § 8002, Jan. 1, 2021, 134 Stat. 4633, provided that: ‘‘In this division [div. G (§§ 8001–8605) of Pub. L. 116–283, see Tables for classifica- tion], the term ‘Commandant’ means the Commandant of the Coast Guard.’’ CHAPTER 3—COMPOSITION AND ORGANIZATION Sec. 301. Grades and ratings. 302. Commandant; appointment. 303. Retirement of Commandant or Vice Com- mandant. Sec. 304. Vice Commandant; appointment. 305. Vice admirals. 306. Retirement. 307. Vice admirals and admiral, continuity of grade. 308. Chief Acquisition Officer. 309. Office of the Coast Guard Reserve; Director. 310. Chief of Staff to President: appointment. 311. Captains of the port. 312. Prevention and response workforces. 313. Centers of expertise for Coast Guard preven- tion and response. 314. Marine industry training program. 315. Training for congressional affairs personnel. 316. National Coast Guard Museum. 317. United States Coast Guard Band; composi- tion; director. 318. Environmental Compliance and Restoration Program. 319. Unmanned system program and autonomous control and computer vision technology project. 320. Coast Guard Junior Reserve Officers’ Train- ing Corps. 321. Congressional affairs; Director. 322. Redistricting notification requirement. 323. Western Alaska Oil Spill Planning Criteria Program. Editorial Notes PRIOR PROVISIONS A prior analysis for chapter 3 ‘‘COMPOSITION AND ORGANIZATION’’ consisted of items 41 ‘‘Grades and ratings’’, 41a ‘‘Active duty promotion list’’, 42 ‘‘Number and distribution of commissioned officers on active duty promotion list’’, 44 ‘‘Commandant; appointment’’, 46 ‘‘Retirement of Commandant or Vice Commandant’’, 47 ‘‘Vice Commandant; appointment’’, 50 ‘‘Vice admi- rals’’, 51 ‘‘Retirement’’, 52 ‘‘Vice admirals and admiral, continuity of grade’’, 53 ‘‘Office of the Coast Guard Re- serve; Director’’, 54 ‘‘Chief of Staff to President: ap- pointment’’, 56 ‘‘Chief Acquisition Officer’’, 57 ‘‘Preven- tion and response workforces’’, 58 ‘‘Centers of expertise for Coast Guard prevention and response’’, 59 ‘‘Marine industry training programs’’, and 60 ‘‘Training course on workings of Congress’’, prior to repeal by Pub. L. 115–282, title I, § 104(a), Dec. 4, 2018, 132 Stat. 4196. AMENDMENTS 2022—Pub. L. 117–263, div. K, title CXII, §§ 11225(b), 11251(b), title CXIII, § 11309(a)(2), Dec. 23, 2022, 136 Stat. 4025, 4053, 4081, added items 315, 319, and 323 and struck out former items 315 ‘‘Training course on workings of Congress’’ and 319 ‘‘Land-based unmanned aircraft sys- tem program’’. 2021—Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8211(b), title LVXXXV [LXXXV], § 8501(b)(1), Jan. 1, 2021, 134 Stat. 4649, 4746, added items 321 and 322. 2019—Pub. L. 116–92, div. A, title V, § 519(b), Dec. 20, 2019, 133 Stat. 1351, added item 320. 2018—Pub. L. 115–282, title I, § 104(a), title III, § 304(c)(1), Dec. 4, 2018, 132 Stat. 4196, 4245, inserted chap- ter 3 designation and heading and added items 301 to 319. § 301. Grades and ratings In the Coast Guard there shall be admirals (two); vice admirals; rear admirals; rear admi- rals (lower half); captains; commanders; lieuten- ant commanders; lieutenants; lieutenants (jun- ior grade); ensigns; chief warrant officers; ca- dets; warrant officers; and enlisted members. Enlisted members shall be distributed in ratings established by the Secretary. (Aug. 4, 1949, ch. 393, 63 Stat. 497, § 41; Aug. 10, 1956, ch. 1041, §§ 6, 53, 70A Stat. 620, 679; Pub. L. Page 12 TITLE 14—COAST GUARD § 302 86–474, § 1(1), May 14, 1960, 74 Stat. 144; Pub. L. 92–451, § 1(1), Oct. 2, 1972, 86 Stat. 755; Pub. L. 97–417, § 2(1), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 98–557, § 15(a)(3)(B), (C), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–145, title V, § 514(a)(2), Nov. 8, 1985, 99 Stat. 628; Pub. L. 103–337, div. A, title V, § 541(f)(4), Oct. 5, 1994, 108 Stat. 2766; Pub. L. 114–120, title II, § 201(a), Feb. 8, 2016, 130 Stat. 33; renumbered § 301, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.) HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., §§ 5, 9, 21 (Apr. 12, 1902, ch. 501, § 1, 32 Stat. 100; Jan. 28, 1915, ch. 20, § 2, 38 Stat. 801; May 18, 1920, ch. 190, § 8, 41 Stat. 603; June 5, 1920, ch. 235, § 1, 41 Stat. 879; Jan. 12, 1923, ch. 25, §§ 1, 2, 42 Stat. 1130; July 3, 1926, ch. 742, §§ 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 Sec- retary, as in the past, for reasons of flexibility. The last two paragraphs of said section 5 are obsolete and have been omitted. Changes were made in phraseology. 81st Congress, House Report No. 557. 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 41 ............ 14:41. 34:135a(a) (less last sentence, as appli- cable to tem- porary appoint- ments). Aug. 4, 1949, ch. 393, § 1(41), 63 Stat. 497. May 29, 1954, ch. 249, § 3(a) (less 3d and last sentences, as applicable to temporary appointments), 68 Stat. 157. Editorial Notes PRIOR PROVISIONS A prior section 301, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to permanent appointment of warrant offi- cers, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. See section 571 et seq. of Title 10, Armed Forces. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 41 of this title as this section. 2016—Pub. L. 114–120 substituted ‘‘admirals (two);’’ for ‘‘an admiral,’’. 1994—Pub. L. 103–337 substituted ‘‘chief warrant offi- cers; cadets; warrant officers;’’ for ‘‘chief warrant offi- cers, W–4; chief warrant officers, W–3; chief warrant of- ficers, 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 war- rant officers, W–4; chief warrant officers, W–3; chief warrant officers, W–2’’ for ‘‘commissioned warrant offi- cers’’, and ‘‘warrant officers, W–1’’ for ‘‘warrant offi- cers’’. Statutory Notes and Related Subsidiaries 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 2151 of this title. § 302. Commandant; appointment The President may appoint, by and with the advice and consent of the Senate, one Com- mandant 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 term of an appointment, and any reappoint- ment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of cap- tain 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. (Aug. 4, 1949, ch. 393, 63 Stat. 498, § 44; Pub. L. 86–474, § 1(3), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(3), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(3), June 9, 1966, 80 Stat. 195; Pub. L. 92–451, § 1(3), Oct. 2, 1972, 86 Stat. 755; Pub. L. 113–281, title II, § 202, Dec. 18, 2014, 128 Stat. 3024; renumbered § 302, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 11 (Apr. 16, 1908, ch. 145, §§ 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; Apr. 23, 1930, ch. 211, 46 Stat. 253; June 9, 1937, ch. 309, § 1, 50 Stat. 252; June 6, 1940, ch. 257, § 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 ap- pointed Commandant must have at least 10 years com- missioned service in the Coast Guard has been inserted. 81st Congress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 302, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to temporary appointments of warrant offi- cers, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 44 of this title as this section. 2014—Pub. L. 113–281 inserted after first sentence ‘‘The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassign- ment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term ex- ceeding a period of 4 years.’’