§305 — Title 14 Coast Guard | U.S. Code

Summary

The President must pick no more than five Coast Guard jobs to be held by officers who will serve with the rank and pay of vice admiral. The President also must pick other vice admiral jobs in the executive branch outside the Coast Guard and NOAA. These appointments and any reappointments need Senate approval. The Commandant recommends candidates and must consider all officers judged among the best qualified. If five Coast Guard vice admiral jobs are chosen, one must run personnel, training, workforce, and dependent support. One Coast Guard vice admiral must have at least 10 years of marine-safety technical experience (like vessel inspection, accident investigations, mariner licensing, or equivalent ship design and construction work) and at least 4 years of leadership in a marine-safety unit, unless a subordinate rear admiral with marine-safety duties already has that experience. The vice admiral rank starts when the officer begins the job and normally ends when they leave it. The officer keeps the rank while moving between such jobs for up to 60 days, while hospitalized for up to 180 days, while waiting for orders if the Secretary allows for up to 60 days, and while awaiting retirement for up to 60 days. Serving as a vice admiral does not remove an officer’s permanent grade. An officer serving above rear admiral who permanently holds rear admiral (lower half) is considered for promotion to permanent rear admiral as if they were serving in their permanent grade. When a vice admiral job becomes vacant, the Commandant must tell the President what qualifications are needed for the job.

Title 14, §305

Coast Guard — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 retired, 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

2025—Pub. L. 119–60, § 7201(b), renumbered section 305 of this title as this section, resulting in no change. Subsec. (a)(1). Pub. L. 119–60, § 7201(e)(3)(A), substituted “shall” for “may” in introductory provisions. Subsec. (a)(1)(A)(ii). Pub. L. 119–60, § 7201(e)(3)(B), which directed substitution of “oversee personnel management, workforce, and dependent support, training, and related matters” for “be the chief of staff of the Coast Guard”, was executed by making the substitution for “be the Chief of Staff of the Coast Guard”, to reflect the probable intent of Congress. 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 follows: “The President may designate no more than 4 positions 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), substituted “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 amendment, section provided for the appointment of a Commander, 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 appointment and grade of an area commander shall be effective 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, provided that the amendment made by section 1(5) is effective with the enactment of Pub. L. 111–281.

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 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 officer 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 admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed 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.”

§305 Vice Admirals

Summary

Title 14, §305

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata