§ 47. — Vice Commandant; assignment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC47]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec. 47. Vice Commandant; assignment
The President may appoint, by and with the advice and consent of the
Senate, one Vice Commandant who shall rank next after the Commandant,
shall perform such duties as the Commandant may prescribe and shall act
as Commandant during the absence or disability of the Commandant or in
the event that there is a vacancy in the office of Commandant. The Vice
Commandant shall be selected from the officers on the active duty
promotion list serving above the grade of captain. The Commandant shall
make recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of vice admiral with pay and allowances
of that grade. The appointment and grade of a Vice Commandant 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 \1\ 51(d) of this title.
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\1\ So in original. Probably should be ``section''.
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(Aug. 4, 1949, ch. 393, 63 Stat. 499; Pub. L. 86-474, Sec. 1(6), May 14,
1960, 74 Stat. 144; Pub. L. 88-130, Sec. 1(5), (6), Sept. 24, 1963, 77
Stat. 175; Pub. L. 89-444, Sec. 1(6), (7), June 9, 1966, 80 Stat. 195;
Pub. L. 92-451, Sec. 1(4), Oct. 2, 1972, 86 Stat. 755; Pub. L. 97-295,
Sec. 2(2), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99-348, title II,
Sec. 205(b)(2), July 1, 1986, 100 Stat. 700; Pub. L. 103-206, title II,
Sec. 204(b)(1), Dec. 20, 1993, 107 Stat. 2421.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Secs. 11a, 12 (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; May 24, 1939,
ch. 148, Secs. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Secs. 1(b), 3,
54 Stat. 246; July 23, 1947, ch. 301, Sec. 2, 61 Stat. 410; May 19,
1948, ch. 305, 62 Stat. 239).
Said sections have been divided. The provisions of the proviso of
title 14, U.S.C., 1946 ed., Sec. 11a, and the first proviso of title 14,
U.S.C., 1946 ed., Sec. 12, are placed in section 48 of this title and
the remainder is placed in this section.
The provisions regarding appointment of the Assistant Commandant and
Engineer in Chief are coordinated, inasmuch as these positions are about
equal in the Coast Guard organization. The qualification that the
Engineer in Chief be appointed from the active list of engineering
officers is changed to the active list of officers who have qualified
for engineering duty, because there is no longer any provision for a
corps of engineering officers. 81st Congress, House Report No. 557.
Amendments
1993--Pub. L. 103-206 struck out ``; retirement'' after
``assignment'' in section catchline, struck out ``(a)'' before ``The
President may appoint'', substituted ``The appointment and grade of a
Vice Commandant 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 a Vice Commandant shall be effective on the date the
officer assumes such duty, and shall terminate on the date he is
detached from such duty.'', and struck out subsecs. (b) to (d) which
read as follows:
``(b) A Vice Commandant, while so serving, who is retired for
physical disability shall be placed on the retired list with the grade
of vice admiral.
``(c) An officer who is retired while serving as Vice Commandant, or
who, after serving at least two and one-half years as Vice Commandant,
is retired after completion of that service while serving in a lower
rank or grade, may, in the discretion of the President, be retired with
the grade of vice admiral.
``(d) An officer who, after serving less than two and one-half years
as Vice Commandant, is retired after completion of that service while
serving in a lower rank or grade, shall be retired in his permanent
grade.''
1986--Subsecs. (b), (c). Pub. L. 99-348, Sec. 205(b)(2)(A), struck
out ``and retired pay'' after ``with the grade''.
Subsec. (d). Pub. L. 99-348, Sec. 205(b)(2)(B), struck out ``and
with the retired pay of that grade'' after ``permanent grade''.
1982--Subsec. (a). Pub. L. 97-295 substituted ``a'' for ``an''
before ``Vice Commandant''.
1972--Subsec. (a). Pub. L. 92-451 substituted ``Vice Commandant''
for ``Assistant Commandant'' in four places, and ``above the grade of
captain'' for ``in the grade of captain or above'' in second sentence.
Subsec. (b). Pub. L. 92-451 substituted ``A Vice Commandant'' for
``An Assistant Commandant''.
Subsecs. (c), (d). Pub. L. 92-451 substituted ``Vice Commandant''
for ``Assistant Commandant'' wherever appearing.
1966--Subsec. (c). Pub. L. 89-444, Sec. 1(6), struck out requirement
that Assistant Commandant serve 2\1/2\ years as Assistant Commandant
before becoming eligible for retirement with the grade and pay of vice
admiral.
Subsec. (d). Pub. L. 89-444, Sec. 1(7), struck out provision that
section 334 of this title, which covers cases of retirement when a
higher grade has been held, shall not apply to an officer retiring
within 2\1/2\ years of the date of his original assignment as Assistant
Commandant.
1963--Subsec. (a). Pub. L. 88-130, Sec. 1(5), substituted ``officers
on the active duty promotion list serving in the grade of captain or
above'' for ``active list of officers who hold a permanent commission as
captain or above''.
Subsec. (d). Pub. L. 88-130, Sec. 1(6), substituted ``section 334''
for ``section 243''.
1960--Pub. L. 86-474 amended section generally, and, among other
changes, required Assistant Commandant to be appointed from the active
list of officers who hold a permanent commission as captain or above,
raised grade of Assistant Commandant from rear admiral to vice admiral,
increased his pay and allowances from that of a rear admiral (upper
half) to that of a vice admiral, struck out provisions which related to
an Engineer in Chief, and added subsecs. (b) to (d).
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
The increased grade of vice admiral for the Vice Commandant,
including the pay and allowances applicable to such grade, effective on
the first day of the month following May 14, 1960, see section 2 of Pub.
L. 86-474, set out as a note under section 44 of this title.
