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§ 44. —  Commandant; appointment.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 14USC44]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                 CHAPTER 3--COMPOSITION AND ORGANIZATION
 
Sec. 44. Commandant; appointment

    The President may appoint, by and with the advice and consent of the 
Senate, one Commandant for a period of four years, who may be 
reappointed for further periods of four years, who shall act as Chief of 
the Coast Guard. The Commandant shall be appointed from the officers on 
the active duty promotion list serving above the grade of captain who 
have completed at least ten years of active service as a commissioned 
officer in the Coast Guard. The Commandant while so serving shall have 
the grade of admiral.

(Aug. 4, 1949, ch. 393, 63 Stat. 498; Pub. L. 86-474, Sec. 1(3), May 14, 
1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(3), Sept. 24, 1963, 77 Stat. 
175; Pub. L. 89-444, Sec. 1(3), June 9, 1966, 80 Stat. 195; Pub. L. 92-
451, Sec. 1(3), Oct. 2, 1972, 86 Stat. 755.)


                      Historical and Revision Notes

    Based on title 14, U.S.C., 1946 ed., Sec. 11 (Apr. 16, 1908, ch. 
145, Secs. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 
800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; Apr. 23, 1930, ch. 
211, 46 Stat. 253; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 
1940, ch. 257, Sec. 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.


                               Amendments

    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''.


                    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.


     Effective Date of Higher Grade and Increased Pay and Allowances

    Section 2 of Pub. L. 86-474 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

    Section 3 of Pub. L. 86-474 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 6 section 113.



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