Pub. L. 111-281, tit. V, subtit. A, sec. 511
VICE ADMIRALS.
SEC. 511. VICE ADMIRALS.(a) Vice Admirals.—Section 50 of such title is amended to read as follows:“§ 50. Vice admirals“(a)(1) The President may designate no more than 4 positions of importance and responsibility that shall be held by officers who—“(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and“(B) shall perform such duties as the Commandant may prescribe.“(2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments.“(3) (A) Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues.“(B) The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewrdship possesses that experience.“(b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty.124 STAT. 2952“(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral—“(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;“(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and“(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days.“(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.“(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade.“(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.” .(b) Repeal.—Section 50a of such title is repealed.(c) Conforming Amendments.—Section 51 of such title is amended—(1) by striking subsections (a), (b), and (c) and inserting the following:“(a) An officer, other than the Commandant, who, while serving in the grade of vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served.“(b) An officer, other than the Commandant, who is retired while serving in the grade of vice admiral, or who, after serving at least 2½ years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served.“(c) An officer, other than the Commandant, who, after serving less than 2½ years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.”; and(2) by striking “Area Commander, or Chief of Staff” in subsection (d)(2) and inserting “or Vice Admiral”.(d) Continuity of Grade.—Section 52 of title 14, United States Code, is amended by inserting “or admiral” after “vice admiral” the first place it appears.(e) Continuation on Active Duty.—The second sentence of section 290(a) of title 14, United States Code, is amended to read as follows: “Officers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.”.(f) Clerical Amendments.—(1) The section caption for section 47 of such title is amended to read as follows:124 STAT. 2953 “§ 47. Vice commandant; appointment” .(2) The section caption for section 52 of title 14, United States Code, is amended to read as follows:“§ 52. Vice admirals and admiral, continuity of grade” .(3) The table of contents for chapter 3 of such title is amended—(A) by striking the item relating to section 47 and inserting the following: “47. Vice Commandant; appointment.”; (B) by striking the item relating to section 50a;(C) by striking the item relating to section 50 and inserting the following: “50. Vice admirals.”; and (D) by striking the item relating to section 52 and inserting the following: “52. Vice admirals and admiral, continuity of grade.”. (g) Technical Correction.—Section 47 of such title is further amended by striking “subsection” in the fifth sentence and inserting “section”.(h) Treatment of Incumbents; Transition.—(1) Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act, is serving as Chief of Staff, Commander, Atlantic Area, or Commander, Pacific Area—(A) shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed and confirmed to another position as a vice admiral or admiral; or(B) for the purposes of transition, may continue at the grade of vice admiral with pay and allowance of that grade, for not more than 1 year after the date of enactment of this Act, to perform the duties of the officer’s former position and any other such duties that the Commandant prescribes.