§ 42. — Number and distribution of commissioned officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC42]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec. 42. Number and distribution of commissioned officers
(a) The total number of commissioned officers, excluding
commissioned warrant officers, on active duty in the Coast Guard shall
not exceed 6,200.
(b) The commissioned officers on the active duty promotion list
shall be distributed in grade in the following percentages,
respectively: rear admiral 0.375; rear admiral (lower half) 0.375;
captain 6.0; commander 12.0; lieutenant commander 18.0. The Secretary
shall prescribe the percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign. The Secretary may, as the needs
of the Coast Guard require, reduce the percentage applicable to any
grade above lieutenant commander, and in order to compensate for such
reduction increase correspondingly the percentage applicable to any
lower grade.
(c) The Secretary shall, at least once each year, make a computation
to determine the number of officers on the active duty promotion list
authorized to be serving in each grade. The number in each grade shall
be computed by applying the applicable percentage to the total number of
such officers serving on active duty on the date the computation is
made. In making computations under this section the nearest whole number
shall be regarded as the authorized number in any case where there is a
fraction in the final result.
(d) The numbers resulting from such computations shall be for all
purposes the authorized number in each grade, except that the authorized
number for a grade is temporarily increased during the period between
one computation and the next by the number of officers originally
appointed in that grade during that period and the number of officers of
that grade for whom vacancies exist in the next higher grade but whose
promotion has been delayed for any reason.
(e) Officers who are not included on the active duty promotion list,
officers serving as extra numbers in grade under sections 432 and 433
\1\ of this title, and officers serving with other departments or
agencies on a reimbursable basis or excluded under the provisions of
section 324(d) of title 49, shall not be counted in determining
authorized strengths under subsection (c) and shall not count against
those strengths. The number of officers authorized to be serving on
active duty in each grade of the permanent commissioned teaching staff
of the Coast Guard Academy and of the Reserve serving in connection with
organizing, administering, recruiting, instructing, or training the
reserve components shall be prescribed by the Secretary.
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\1\ See References in Text note below.
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(Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, Sec. 2, 70
Stat. 588; Pub. L. 86-474, Sec. 1(2), May 14, 1960, 74 Stat. 144; Pub.
L. 88-130, Sec. 1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89-444,
Sec. 1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90-385, July 5, 1968, 82
Stat. 293; Pub. L. 92-451, Sec. 1(2), Oct. 2, 1972, 86 Stat. 755; Pub.
L. 93-174, Sec. 1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96-23, Sec. 4,
June 13, 1979, 93 Stat. 68; Pub. L. 97-417, Sec. 2(2), Jan. 4, 1983, 96
Stat. 2085; Pub. L. 97-449, Sec. 5(b), Jan. 12, 1983, 96 Stat. 2442;
Pub. L. 98-557, Sec. 25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-
145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103-
206, title II, Sec. 201, Dec. 20, 1993, 107 Stat. 2420.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 6a (July 23, 1947, ch.
301, Sec. 1, 61 Stat. 409).
The only change is in phraseology in the second sentence, it being
necessary to include the extra numbers authorized by the act of July 23,
1947, in the figure given as the present number of extra numbers in the
Coast Guard. 81st Congress, House Report No. 557.
References in Text
Section 433 of this title, referred to in subsec. (e), was repealed
by Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549.
Amendments
1993--Subsec. (a). Pub. L. 103-206 substituted ``6,200'' for
``6,000''.
1985--Subsec. (b). Pub. L. 99-145 substituted ``rear admiral (lower
half)'' for ``commodore''.
1984--Subsec. (b). Pub. L. 98-557 substituted ``0.375'' for ``.375''
in two places.
1983--Subsec. (b). Pub. L. 97-417 substituted ``.375; commodore
.375;'' for ``0.75;'' after ``rear admiral''.
Subsec. (e). Pub. L. 97-449 substituted ``section 324(d) of title
49'' for ``section 9(d)(1) of the Department of Transportation Act (80
Stat. 944; 49 U.S.C. 1657)''.
1979--Subsec. (a). Pub. L. 96-23 substituted ``6,000'' for ``five
thousand''.
1973--Subsec. (e). Pub. L. 93-174 substituted ``Coast Guard Academy
and of the'' for ``Coast Guard Academy, of the'' and struck out ``, and
of the Women's Reserve'' after ``training and reserve components''.
1972--Subsec. (e). Pub. L. 92-451 inserted provision that officers
excluded under section 1657(d)(1) of Title 49 shall not be counted in
determining authorized strengths.
1968--Subsec. (a). Pub. L. 90-385 substituted ``five thousand'' for
``four thousand''.
1966--Subsec. (a). Pub. L. 89-444 substituted ``four thousand'' for
``three thousand five hundred''.
1963--Pub. L. 88-130 specified percentage of distribution of
commissioned officers from rear admiral to lieutenant commander,
authorized Secretary to prescribe percentages for lieutenant, lieutenant
(junior grade), and ensign, required number in each grade to be computed
by applying the applicable percentage to the total number of officers
serving on active duty on the date the computation is made, provided
that officers not on the active duty promotion list, officers serving as
extra numbers in grade, and officers serving with other departments or
agencies on a reimbursable basis shall not be counted in determining
authorized strengths and that the number of officers authorized to be
serving on active duty in each grade of the permanent commissioned
teaching staff of the Coast Guard Academy, of the Reserve, and of the
Women's Reserve shall be prescribed by the Secretary, and struck out
provisions which included in the number of commissioned officers the
extra numbers in grade which increase the authorized number of line
officers upon separation or retirement of the person holding such
number, and the members of the permanent commissioned teaching staff of
the Coast Guard Academy, distributed commissioned officers in grades in
the same percentages as prescribed for the Navy, determined authorized
number of officers in the various grades by the actual number on active
duty, including permanent, temporary, and reserve officers, but not
including extra numbers in the Coast Guard at the date of making the
computation, and which provided that no officer be reduced in permanent
grade or pay or removed from the active list as a result of any
computation of the number of officers in grade.
1960--Pub. L. 86-474 substituted ``three thousand five hundred'' for
``three thousand''.
1956--Act July 20, 1956, substituted ``three thousand'' for ``two
thousand two hundred and fifty'' and inserted ``except that the
authorized number for a grade is temporarily increased during the period
between one computation and the next by the number of officers
originally appointed in that grade during that period and the number of
officers of that grade for whom vacancies exist in the next higher grade
but whose promotion has been delayed for any reason''.
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 290 of this
title.
Section Referred to in Other Sections
This section is referred to in section 271 of this title.
