Public Law 80–301

That the

Coast Guard.

Authorized number of officers.

total number of commissioned officers, including permanent, temporary, temporary service, and Reserve officers on active duty, and excluding chief warrant officers, on the active list of the Coast Guard shall not exceed two thousand two hundred and fifty. Included in this number shall be the sixty-one extra numbers in rank which under existing law operate to increase the authorized number of line officers upon separation or retirement of the person holding that number, the five professors authorized by existing law who shall not be considered as extra numbers in rank, and the extra numbers in rank authorized by this Act. The commissioned officers shall

Distribution.

be distributed in the ranks of rear admiral, captain, commander, lieutenant commander, lieutenant, lieutenant (junior grade), and ensign in the same percentages as are now or may hereafter be prescribed by statute for the Navy. To determine the authorized

Computation.

number of officers in the various ranks as provided in this section the computation shall be based on the actual number of officers on active duty, including permanent, temporary, temporary service, and reserve officers on active duty, but not including extra numbers in the Coast Guard at the date of making the computation. The Secretary of the Treasury shall, at least once each year, make such a computation, and the resulting numbers in the various ranks as so computed shall be held and considered for all purposes as the authorized number in such various ranks. The nearest whole number shall be regarded as the authorized number’ in case fractions result in the computation. The Secretary of the Treasury

Reduction and increase of percentages.

is, however, as he may from time to time determine the needs of the Coast Guard require, authorized to reduce the percentages applicable to any rank or ranks above lieutenant commander and in order to compensate for such reduction, to increase correspondingly the percentages applicable to any rank or ranks below the rank or ranks in which such percentages are so reduced. No officer

Reduction in rank, pay, etc.

shall be reduced in permanent rank or pay or removed from the active list of the Coast Guard as the result of any computation or determination made by the Secretary of the Treasury to establish the number of officers in the various ranks.

Sec. 2.

Commissioned officers, including extra numbers in rank, shall be promoted to the ranks of rear admiral by selection, under such regulations as the Secretary of the Treasury may prescribe. The

Assistant Commandant and Engineer in Chief.

Assistant Commandant and the Engineer in Chief shall be entitled to the pay and allowances provided by law for rear admirals of the upper half. The number of rear admirals on the active list of the

Rear admirals of upper half.

Coast Guard entitled to the pay and allowances provided by law for rear admirals of the upper half, excluding the Assistant Commandant and the Engineer in Chief for purposes of computation, shall be one-half of the number of officers on the active list of that rank. Where the division results in an odd number, the odd number shall be placed in the upper half. No officer who has or may become entitled to the pay and allowances of a rear admiral of the upper half shall suffer a reduction of his pay and allowances solely by reason of the fact that the number of rear admirals may for any reason be reduced. The

Precedence.

precedence on the list of rear admirals shall be determined by the date of first appointment to that rank, except that the Assistant Commandant shall, while holding such office, be next in precedence to the Commandant.

Sec. 3.

The President is authorized to appoint, by and with the advice and consent of the Senate, permanent commissioned officers in the Coast Guard in ranks appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require and as are found by the Secretary of the Treasury, as the result of such examinations as he may deem necessary, to be mentally, morally, professionally, and physically qualified, from among the following

Categories.

categories:

Any person described in category (5) of this section, commissioned

Probationary period.

pursuant to the provisions of this Act, shall serve a probationary period of two years, during which time his commission may be revoked if his services are unsatisfactory, pursuant to such regulations as the Secretary of the Treasury may prescribe.

Sec. 4.

Appointees under section 3 shall take precedence with other

Precedence in rank.

officers in their respective ranks in accordance with the dates of commission in such ranks. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary of the Treasury may determine. Appointees who, during any period of World War II, served temporarily as commissioned officers of the Coast Guard, or as commissioned officers who were regular members of the Coast Guard Reserve on active duty, shall take precedence with other officers in their respective ranks under such regulations as the Secretary of the Treasury may prescribe. Appointees from category

Running mates.

(6) of section 3 shall be assigned running mates, as determined by the Secretary of the Treasury, from among regular line officers of the Coast Guard in the respective ranks in which such appointees are commissioned.

Sec. 5.

The President is authorized to appoint, by and with the

Appointment of chief warrant officers.

advice and consent of the Senate, permanent chief warrant officers in the Coast Guard, as the needs of the Coast Guard may require and as are found by the Secretary of the Treasury as the result of such examinations as he may prescribe, to be mentally, morally, professionally, and physically qualified, from among the following categories:

Sec. 6.

The Secretary is authorized to appoint permanent warrant officers in the Coast Guard, as the needs of the Coast Guard may require and as are found by the Secretary of the Treasury, as the result of such examinations as he may prescribe, to be mentally, morally, professionally, and physically qualified, from among the following categories:

Sec. 7.

Appointees under sections 5 and 6 shall take precedence with other officers in their respective ranks in accordance with the dates of commission in such ranks. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary of the Treasury may determine. Appointees who, during any period of World War II, served temporarily as commissioned officers, chief warrant officers, or warrant officers of the Coast Guard, or as commissioned officers, chief warrant officer's, or warrant officers who were regular members of the Coast Guard Reserve on active duty, shall take precedence with other officers in their respective ranks under such regulations as the Secretary of the Treasury may prescribe.

Sec. 8.

Included in the two thousand two hundred and fifty commissioned officers authorized by section 1 of this Act shall be four hundred and fifty-three extra numbers to which the President is authorized to appoint, pursuant to the provisions of this Act, only the personnel described in category (6) of section 3. In the event that any person from among the personnel eligible to fill such extra numbers does not qualify, or who, being qualified does not accept a commission, the extra numbers not so filled shall be reserved pending the separation of such persons from the Coast Guard by retirement, transfer, resignation, death, or other cause. Upon such separation, each vacancy so reserved, and each vacancy created by the unavailability for appointment of personnel described in category (6) of section 3, or by the retirement, resignation, death, or other separation from the active military service of the Coast Guard of personnel described in category (6) of section 3 who are commissioned pursuant to the provisions of this Act shall increase by one the authorized number of line officers, and decrease by one the authorized number of extra numbers.

Sec. 9.

Any person described in category (6) of section 3 who is commissioned pursuant to the provisions of this Act shall be an extra

Eligibility tor promotion.

number in any rank to which he may be promoted. He shall be eligible for promotion, if otherwise qualified, at such time as the regular line officer who is his running mate becomes eligible for promotion, and shall be examined only with respect to those qualifications which pertain to his specialty.

Sec. 10.

No person described in category (6) of section 3, category (7) of section 5, or category (5) of section 6 shall be required to undergo further professional, physical, or mental examinations as a prerequisite to original commissioning, appointment, or enlistment pursuant to this Act, and the physical standards for such personnel while serving in the Regular Coast Guard shall not be greater than those applicable generally to civilian employees under civil-service laws and regulations.

Sec. 11.

In computing length of service for purposes of retirement of a person described in category (6) of section 3, category (7) of section 5, or category (5) of section 6 who is commissioned, appointed, or enlisted pursuant to the provisions of this Act, there shall be included, in addition to all service now or hereafter creditable by law, all service as a civilian employee of the United States within the purview of the Act of May 22, 1920, as amended (5 U. S. C. 691 and

41 Stat. 614.

Ante, p. 135; post, p. 453.

the following), such service to be classified as commissioned, warrant, or enlisted depending upon which status the person assumes upon his entry into the Regular Coast Guard. Service covering the same period shall not be counted more than once.

Sec. 12.

Any person described in category

Retirement benefits.

(6) of section 3, category (7) of section 5, or category (5) of section 6 who is commissioned, appointed, or enlisted pursuant to the provisions of this Act shall not be entitled to any retirement benefits under any laws relating to the retirement of civilian personnel of the Federal Government, but shall be entitled upon claim therefor to a return of the total contributions made by him to the retirement fund with interest thereon and, in addition, to eligibility for retirement benefits provided by law for members of the Regular Coast Guard, he shall, if his total service in

Retirement pay.

the Federal Government, civil plus military, is fifteen years or over, be entitled, upon reaching the statutory retirement age for military personnel of the Regular Coast Guard, to retirement pay amounting to 75 per centum of his active-duty pay at the time of such retirement; and, in the administration of applicable laws for physical disability

Disability.

retirement, a disability shall be deemed to have been incurred incident to Coast Guard service if the cause of such disability is not due to vicious habits, intemperance, or misconduct.

Sec. 13.

No person described in category (6) of section 3, category

Reduction in annual compensation, etc.

(7) of section 5, or category (5) of section 6 who is commissioned, appointed, or enlisted in the Coast Guard pursuant to the provisions of this Act shall suffer any reduction in annual compensation, including allowances, below the compensation applicable to his permanent civil- service position at the time of such commissioning, appointment, or enlistment, exclusive of overtime compensation, and the civil-service status, tenure, seniority, and compensation of any such person who for any reason is not commissioned, appointed, or enlisted under the provisions of this Act shall not be impaired by reason of this Act.

Sec. 14.

Accrued military leave of any person described in category

Accrued military leave.

(6) of section 3, category (7) of section 5, or category (5) of section 6 who is a member of the Coast Guard Reserve or the Naval Reserve on active duty, and who is commissioned, appointed, or enlisted pursuant to the provisions of this Act, shall be credited to him upon such commissioning, appointment, or enlistment.

Sec. 15.

Any person described in category (5) of section 6 who

Enlistment.

enlists in the Coast Guard shall be considered as enlisted pursuant to this Act.

Sec. 16.

All Acts or parts of Acts inconsistent with this Act are hereby repealed; but nothing contained in this Act shall be construed to affect the continued application to the Coast Guard of the Act of July 24, 1941, as amended (34 U. S. C., Supp. V, secs. 350–350J).