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14 U.S.C. § 305 — Vice admirals

submitted 54 years ago by Pub. L. 92-451 to r/title-14-COAST-GUARD · 678 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the President name up to five Coast Guard positions that carry the rank of vice admiral, plus similar posts elsewhere in government. The Senate must confirm each officer appointed to these jobs. It also sets how long an officer keeps the rank around gaps in duty, and requires expertise for one specific position.

(a)(1) The President must (A) name, within the Coast Guard, up to five important positions whose officers hold the grade of vice admiral with that grade's pay, and perform duties the Commandant assigns — except that if all five positions are named, one must oversee personnel management, workforce and dependent support, and training; and (B) name other important positions outside the Coast Guard and the National Oceanic and Atmospheric Administration whose officers also hold the grade of vice admiral with that pay.
(2) The President can appoint and reappoint, with Senate approval, a Coast Guard officer serving above the rank of captain to any of these positions. The Commandant recommends who should be appointed.
(3) Normally, one of the vice admirals named under (a)(1)(A) must have at least 10 years of experience in vessel inspection, marine casualty investigation, mariner licensing, or similar technical expertise in commercial vessel design and construction, plus at least 4 years leading a marine-safety staff or unit — and that person becomes the Commandant's top advisor on those issues. This requirement doesn't apply if the rear admiral responsible for marine safety, security, and stewardship already has that experience.
(4) Before recommending someone to the President for a first-time appointment to vice admiral under this section, the Commandant must consider all the officers who are among the best qualified for the job.

(b)(1) The vice admiral appointment and grade start on the day the officer takes the job and, except as (2) or section 306(d) provide, end on the day the officer leaves that job.
(2) An officer keeps the vice admiral grade in these situations: (A) while transferring to another position named under subsection (a), from the day they leave the old job until the day before they start the new one, but no more than 60 days; (B) while hospitalized, from the day they're hospitalized to the day they're discharged, but no more than 180 days; (C) at the Secretary's discretion, while waiting for new orders after being relieved, from the day they're relieved, but no more than 60 days; and (D) while awaiting retirement, from the day they leave duty until the day before retirement, but no more than 60 days.

(c)(1) Appointing an officer under subsection (a) doesn't erase the officer's permanent grade.
(2) An officer serving above rear admiral whose permanent grade is rear admiral (lower half) is considered for promotion to permanent rear admiral just as if they were still serving in their permanent grade.

(d) Whenever a position named under subsection (a) becomes vacant, the Commandant must tell the President what qualifications an officer needs to do that job well.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The President shall—

(A)

designate, within the Coast Guard, no more than five positions of importance and responsibility that shall be held by officers who, while so serving—

(i)

shall have the grade of vice admiral, with the pay and allowances of that grade; and

(ii)

shall perform such duties as the Commandant may prescribe, except that if the President designates five such positions, one position shall oversee personnel management, workforce, and dependent support, training, and related matters; and

(B)

designate, within the executive branch, other than within the Coast Guard or the National Oceanic and Atmospheric Administration, positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade.

(2)

The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments.

(3)
(A)

Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1)(A) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues.

(B)

The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewardship possesses that experience.

(4)

Prior to making a recommendation to the President for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of vice admiral, the Commandant shall consider all officers determined to be among the best qualified for such position.

(b)
(1)

The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 306(d) of this title, shall terminate on the date the officer is detached from that duty.

(2)

An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral—

(A)

while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;

(B)

while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days;

(C)

at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the day the officer is relieved from the position, but not for more than 60 days; and

(D)

while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days.

(c)
(1)

An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.

(2)

An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade.

(d)

Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.

Source credit: (Added Pub. L. 92–451, § 1(5), Oct. 2, 1972, 86 Stat. 755, § 50; amended Pub. L. 103–206, title II, § 204(c), Dec. 20, 1993, 107 Stat. 2421; Pub. L. 111–281, title V, § 511(a), Oct. 15, 2010, 124 Stat. 2951; Pub. L. 111–330, § 1(5), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 114–120, title II, § 202, Feb. 8, 2016, 130 Stat. 33; renumbered § 305 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240; Pub. L. 116–283, div. A, title V, § 551(b)(2), Jan. 1, 2021, 134 Stat. 3630; Pub. L. 119–60, div. G, title LXXII, §§ 7201(b), (e)(3), Dec. 18, 2025, 139 Stat. 1675, 1678.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-451 · 86 Stat. 755
  • 1993Amended · Pub. L. 103-206 · 107 Stat. 2421
  • 2010Amended · Pub. L. 111-281 · 124 Stat. 2951
  • 2010Amended · Pub. L. 111-330 · 124 Stat. 3569
  • 2016Amended · Pub. L. 114-120 · 130 Stat. 33
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4196, 4240
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3630
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1675, 1678

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-451 on 1972-10-02.

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