2012 US Code
Title 14 - Coast Guard
Part I - REGULAR COAST GUARD (§§ 1 - 693)
Chapter 3 - COMPOSITION AND ORGANIZATION (§§ 41 - 59)
Section 42 - Number and distribution of commissioned officers on active duty promotion list
Publication Title | United States Code, 2012 Edition, Title 14 - COAST GUARD |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 14 - COAST GUARD PART I - REGULAR COAST GUARD CHAPTER 3 - COMPOSITION AND ORGANIZATION Sec. 42 - Number and distribution of commissioned officers on active duty promotion list |
Contains | section 42 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, §2, 70 Stat. 588; Pub. L. 86-474, §1(2), May 14, 1960, 74 Stat. 144; Pub. L. 88-130, §1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89-444, §1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90-385, July 5, 1968, 82 Stat. 293; Pub. L. 92-451, §1(2), Oct. 2, 1972, 86 Stat. 755; Pub. L. 93-174, §1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96-23, §4, June 13, 1979, 93 Stat. 68; Pub. L. 97-417, §2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97-449, §5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98-557, §25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103-206, title II, §201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108-293, title II, §214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111-281, title II, §204(a), Oct. 15, 2010, 124 Stat. 2910. |
Statutes at Large References | 61 Stat. 409 63 Stat. 497 70 Stat. 588 74 Stat. 144 77 Stat. 174 80 Stat. 195, 944 82 Stat. 293 86 Stat. 755 87 Stat. 692 93 Stat. 68 96 Stat. 2085, 2442 98 Stat. 2872 99 Stat. 629 107 Stat. 2420 118 Stat. 1037 124 Stat. 2910 |
Public Law References | Public Law 86-474, Public Law 88-130, Public Law 89-444, Public Law 90-385, Public Law 92-451, Public Law 93-174, Public Law 96-23, Public Law 97-417, Public Law 97-449, Public Law 98-557, Public Law 99-145, Public Law 103-206, Public Law 108-293, Public Law 111-281 |
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(a)
(b)
(1)
(2)
(3)
(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and
(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.
(c)
(1)
(2)
(3)
(d)
(e)
(Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, §2, 70 Stat. 588; Pub. L. 86–474, §1(2), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, §1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89–444, §1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90–385, July 5, 1968, 82 Stat. 293; Pub. L. 92–451, §1(2), Oct. 2, 1972, 86 Stat. 755; Pub. L. 93–174, §1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96–23, §4, June 13, 1979, 93 Stat. 68; Pub. L. 97–417, §2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97–449, §5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–557, §25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–206, title II, §201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108–293, title II, §214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111–281, title II, §204(a), Oct. 15, 2010, 124 Stat. 2910.)
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., §6a (July 23, 1947, ch. 301, §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.
Amendments2010—Pub. L. 111–281 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to number and distribution of commissioned officers.
2004—Subsec. (a). Pub. L. 108–293, §214(1), substituted “6,700 in each fiscal year 2004, 2005, and 2006” for “6,200”.
Subsec. (b). Pub. L. 108–293, §214(2), substituted “commander 15.0; lieutenant commander 22.0” for “commander 12.0; lieutenant commander 18.0”.
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 AmendmentAmendment 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.
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