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 appointed Commandant must have at least 10 years commissioned 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 officers, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
Amendments
2025—Pub. L. 119–60, § 7201(b), renumbered section 302 of this title as this section, resulting in no change.
Subsec. (a). Pub. L. 119–60, § 7201(e)(2)(A), (B), designated first sentence of existing provisions as subsec. (a), inserted heading, and struck out “ ,who may be reappointed for further periods of four years” after “period of four years”. See Codification note above.
Subsec. (b). Pub. L. 119–60, § 7201(e)(2)(C), which directed adding subsec. (b) after “Chief of the Coast Guard”, was executed by adding subsec. (b) after the period following “Chief of the Coast Guard” to reflect the probable intent of Congress. See Codification note above.
Subsec. (c). Pub. L. 119–60, § 7201(e)(2)(D), inserted subsec. (c) designation and heading before “The term of an appointment”. See Codification note above.
Subsec. (d). Pub. L. 119–60, § 7201(e)(2)(E), inserted subsec. (d) designation and heading before “The Commandant while”. See Codification note above.
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 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.”
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”.
Statutory Notes and Related Subsidiaries
Effective Date of Higher Grade and Increased Pay and Allowances
Pub. L. 86–474, § 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, § 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.”
