14 U.S.C. § 306 — Retirement

Page 16 TITLE 14—COAST GUARD § 306 4240; Pub. L. 116–283, div. A, title V, § 551(b)(2), Jan. 1, 2021, 134 Stat. 3630.) Editorial Notes PRIOR PROVISIONS A prior section 305, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement after twenty years’ service, with retired pay of grade with which re- tired, prior to repeal by act May 29, 1954, ch. 249, § 20(o), 68 Stat. 167, and by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2021—Subsec. (a)(4). Pub. L. 116–283 added par. (4). 2018—Pub. L. 115–282, § 104(b), renumbered section 50 of this title as this section. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 306(d)’’ for ‘‘section 51(d)’’. 2016—Subsec. (a)(1). Pub. L. 114–120, § 202(1)(A), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘The President may designate no more than 4 po- sitions 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.’’ Subsec. (a)(3)(A). Pub. L. 114–120, § 202(1)(B), sub- stituted ‘‘under paragraph (1)(A)’’ for ‘‘under paragraph (1)’’. Subsec. (b)(2)(C), (D). Pub. L. 114–120, § 202(2), added subpar. (C) and redesignated former subpar. (C) as (D). 2010—Pub. L. 111–281, § 511(a), as amended by Pub. L. 111–330, amended section generally. Prior to amend- ment, section provided for the appointment of a Com- mander, 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 ap- pointment and grade of an area commander shall be ef- fective 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(5) is effec- tive with the enactment of Pub. L. 111–281. EFFECTIVE DATE Section effective Oct. 2, 1972, except that continu- ation 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 2151 of this title. TREATMENT OF INCUMBENTS; TRANSITION Pub. L. 111–281, title V, § 511(h)(1), Oct. 15, 2010, 124 Stat. 2953, provided that: ‘‘Notwithstanding any other provision of law, an offi- cer 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 admi- ral with pay and allowance of that grade until such time that the officer is relieved of his duties and ap- pointed 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.’’ § 306. Retirement (a) An officer, other than the Commandant or Vice Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served satisfactorily, as determined under sec- tion 2501 of this title. (b) An officer, other than the Commandant or Vice Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 21⁄2 years in the grade of admiral or 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 satisfactorily, as de- termined under section 2501 of this title. (c) An officer, other than the Commandant or Vice Commandant, who, after serving less than 21⁄2 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title. (d) An officer serving in the grade of admiral or vice admiral shall continue to hold that grade— (1) while being processed for physical dis- ability 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 posi- tion of Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officer’s retirement, but not for more than 60 days. (Added Pub. L. 92–451, § 1(5), Oct. 2, 1972, 86 Stat. 755, § 51; amended Pub. L. 99–348, title II, § 205(b)(3), July 1, 1986, 100 Stat. 700; Pub. L. 103–206, title II, §§ 204(d), 205(c), Dec. 20, 1993, 107 Stat. 2421, 2422; Pub. L. 111–281, title V, § 511(c), Oct. 15, 2010, 124 Stat. 2952; Pub. L. 114–120, title II, § 201(c), Feb. 8, 2016, 130 Stat. 33; Pub. L. 115–232, div. C, title XXXV, § 3528(b), Aug. 13, 2018, 132 Stat. 2318; renumbered § 306, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8201(b), Jan. 1, 2021, 134 Stat. 4641.) Editorial Notes PRIOR PROVISIONS A prior section 306, act Aug. 4, 1949, ch. 393, 63 Stat. 519, related to retirement for disabilities incident to service, prior to repeal by act Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408, and by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. See sections 1204 and 1376 of Title 10, Armed Forces. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8201(b)(1), inserted ‘‘satisfactorily, as determined under section 2501 of this title’’ before period at end. Subsec. (b). Pub. L. 116–283, § 8201(b)(2), inserted ‘‘sat- isfactorily, as determined under section 2501 of this title’’ before period at end. Page 17 TITLE 14—COAST GUARD § 308 Subsec. (c). Pub. L. 116–283, § 8201(b)(3), inserted ‘‘if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title’’ before period at end. 2018—Pub. L. 115–282 renumbered section 51 of this title as this section. Subsecs. (a) to (c). Pub. L. 115–232 substituted ‘‘other than the Commandant or Vice Commandant,’’ for ‘‘other than the Commandant,’’. 2016—Subsecs. (a) to (c). Pub. L. 114–120 inserted ‘‘ad- miral or’’ before ‘‘vice admiral,’’ wherever appearing. 2010—Subsecs. (a) to (c). Pub. L. 111–281, § 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 admi- ral. ‘‘(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 re- tired while serving in a lower grade, may in the discre- tion 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, § 511(c)(2), substituted ‘‘or Vice Admiral’’ for ‘‘Area Commander, or Chief of Staff’’. 1993—Subsec. (a). Pub. L. 103–206, § 205(c)(1), sub- stituted ‘‘in the grade of vice admiral’’ for ‘‘as Com- mander, Atlantic Area, or Commander, Pacific Area’’. Subsec. (b). Pub. L. 103–206, § 205(c)(2), substituted ‘‘in the grade of vice admiral’’ for ‘‘as Commander, Atlan- tic Area, or Commander, Pacific Area’’. Subsec. (d). Pub. L. 103–206, § 204(d), added subsec. (d). 1986—Subsecs. (a), (b). Pub. L. 99–348, § 205(b)(3)(A), struck out ‘‘and retired pay’’ after ‘‘with the grade’’. Subsec. (c). Pub. L. 99–348, § 205(b)(3)(B), struck out ‘‘and with the retired pay of that grade’’ after ‘‘perma- nent grade’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 2, 1972, except that continu- ation 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 2151 of this title. § 307. Vice admirals and admiral, continuity of grade 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 termi- nation of an appointment for the purpose of re- appointment to another position as a vice admi- ral or admiral. (Added Pub. L. 97–322, title I, § 115(a)(1), Oct. 15, 1982, 96 Stat. 1585, § 52; amended Pub. L. 101–225, title II, § 203(1), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 111–281, title V, § 511(d), (f)(2), Oct. 15, 2010, 124 Stat. 2952, 2953; renumbered § 307, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.) Editorial Notes PRIOR PROVISIONS A prior section 307, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for compulsory retirement of warrant offi- cers after thirty years’ service, upon recommendation of a personnel board, prior to repeal by act May 29, 1954, ch. 249, § 20(o), 68 Stat. 167, and by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 52 of this title as this section. 2010—Pub. L. 111–281 substituted ‘‘Vice admirals and admiral, continuity of grade’’ for ‘‘Vice admirals, con- tinuity 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 ‘‘po- sition as a vice admiral’’. § 308. Chief Acquisition Officer (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 qualifica- tions set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition man- agement as that individual’s primary duty. (b) QUALIFICATIONS.— (1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Direc- torate shall be an acquisition professional with a Level III acquisition management cer- tification and must have at least 10 years ex- perience 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 sig- nificant responsibility in which the primary duties are supervisory or management du- ties. (2) The Commandant shall periodically pub- lish a list of the positions designated under paragraph (1). (3) In this subsection each of the terms ‘‘Level 1 acquisition’’ and ‘‘Level 2 acquisi- tion’’ has the meaning that term has in chap- ter 11 of this title. (c) FUNCTIONS OF THE CHIEF ACQUISITION OFFI- CER.—The functions of the Chief Acquisition Of- ficer include— (1) monitoring the performance of acquisi- tion projects and programs on the basis of ap- plicable performance measurements and advis- ing 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 com- petition at the prime contract and sub- contract 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 require- ments, including performance and delivery schedules, at the lowest cost or best value con- sidering the nature of the property, capability, asset, or service procured;