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14 U.S.C. § 1948 (COAST GUARD)
§ 1948. Marine safety curriculum
The Commandant shall ensure that professional courses of study in marine safety are provided at the Coast Guard Academy, and during other officer accession programs, to give Coast Guard cadets and other officer candidates a background and understanding of the marine safety program. These courses may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations.
(Added Pub. L. 111–281, title V, § 525(a), Oct. 15, 2010, 124 Stat. 2959, § 200; renumbered § 199 and amended Pub. L. 111–330, § 1(7)(A), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115–232, div. C, title XXXV, § 3531(c)(11), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1948, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 199 of this title as this section.
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard”.
2010—Pub. L. 111–330 amended directory language of Pub. L. 111–281, § 525(a), which enacted this section, and renumbered section 200 of this title as this section.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(7)(A) is effective with the enactment of Pub. L. 111–281.
14 U.S.C. § 2105 (COAST GUARD)
§ 2105. Rank of warrant officers
(a) Among warrant officer grades, warrant officers of a higher numerical designation are senior to warrant officer grades of a lower numerical designation.
(b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Precedence among warrant officers of the same grade who have the same date of commission shall be determined by regulations prescribed by the Secretary.
(Added Pub. L. 103–337, div. A, title V, § 541(e)(1), Oct. 5, 1994, 108 Stat. 2766, § 215; renumbered § 2105, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 215 of this title as this section.
heading: Effective Date
text: Section effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as an Effective Date of 1994 Amendment note under section 571 of Title 10, Armed Forces.
14 U.S.C. § 2106 (COAST GUARD)
§ 2106. Selection boards; convening of boards
At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 251; renumbered § 2106, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 251 of this title as this section.
14 U.S.C. § 2107 (COAST GUARD)
§ 2107. Selection boards; composition of boards
A board convened under section 2106 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 252; renumbered § 2107 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
Pub. L. 115–282, § 112(b), renumbered section 252 of this title as this section.
14 U.S.C. § 2108 (COAST GUARD)
§ 2108. Selection boards; notice of convening; communication with board
(a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the officers eligible for consideration shall be given to the service at large.
(b) Each officer eligible for consideration by a selection board convened under section 2106 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning himself. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 253; amended Pub. L. 89–444, § 1(15), June 9, 1966, 80 Stat. 196; Pub. L. 111–281, title II, § 212(1), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2108 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 253 of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
2010—Subsec. (a). Pub. L. 111–281 inserted “and” after “zone to be considered,” and struck out “, and the number of officers the board may recommend for promotion” after “eligible for consideration”.
1966—Subsec. (a). Pub. L. 89–444 added officers eligible for consideration to list of items for which notice must be given to the service at large before a board is convened under section 251 of this title.
14 U.S.C. § 2109 (COAST GUARD)
§ 2109. Selection boards; oath of members
Each member of a selection board shall swear—
(1) that the member will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; and
(2) an oath in accordance with section 931.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 254; amended Pub. L. 112–213, title II, § 207, Dec. 20, 2012, 126 Stat. 1546; renumbered § 2109 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 254 of this title as this section.
Par. (2). Pub. L. 115–282, § 123(b)(2), substituted “section 931” for “section 635”.
2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon him.”
14 U.S.C. § 2110 (COAST GUARD)
§ 2110. Number of officers to be selected for promotion
Before convening a board under section 2106 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 255; renumbered § 2110 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
Pub. L. 115–282, § 112(b), renumbered section 255 of this title as this section.
14 U.S.C. § 2111 (COAST GUARD)
§ 2111. Promotion zones
(a) Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering—
(1) the needs of the service;
(2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and
(3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern.
However, such number of officers shall not exceed the number to be selected for promotion divided by one-half.
(b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 256; amended Pub. L. 89–444, § 1(16), June 9, 1966, 80 Stat. 196; Pub. L. 97–417, § 2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–661, div. A, title XIII, § 1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered § 2111 and amended Pub. L. 115–282, title I, § 112(b), title III, § 312, Dec. 4, 2018, 132 Stat. 4216, 4249.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 256 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 312, substituted “one-half.” for “six-tenths.” in concluding provisions.
1986—Subsec. (b). Pub. L. 99–661 substituted “rear admiral (lower half)” for “commodore”.
1985—Subsec. (a). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1983—Subsecs. (a), (b). Pub. L. 97–417 substituted “commodore” for “rear admiral”.
1966—Subsec. (a). Pub. L. 89–444 limited promotion zone by requiring that list of officers under consideration be officers eligible for consideration for promotion to next higher grade.
14 U.S.C. § 2112 (COAST GUARD)
§ 2112. Promotion year; defined
For the purposes of this chapter, “promotion year” means the period which commences on July 1 of each year and ends on June 30 of the following year.
(Added Pub. L. 94–546, § 1(17), Oct. 18, 1976, 90 Stat. 2520, § 256a; renumbered § 2112, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 256a of this title as this section.
14 U.S.C. § 2113 (COAST GUARD)
§ 2113. Eligibility of officers for consideration for promotion
(a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:
(1) two years in the grade of lieutenant (junior grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.
(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.
(d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—
(1) continues on active duty; and
(2) is not promoted to that grade.
(e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.
(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 257; amended Pub. L. 94–546, § 1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98–557, § 17(b)(1), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 109–241, title II, § 203, July 11, 2006, 120 Stat. 520; renumbered § 2113 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 257 of this title as this section.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2125” for “section 275”.
Subsec. (e). Pub. L. 115–282, § 123(b)(2), substituted “section 2156” for “section 295”.
2006—Subsec. (f). Pub. L. 109–241 added subsec. (f).
1984—Subsec. (e). Pub. L. 98–557 added subsec. (e).
1976—Subsec. (a). Pub. L. 94–546, § 1(19)(a), substituted “promotion year” for “fiscal year”.
Subsec. (d). Pub. L. 94–546, § 1(19)(b), struck out cl. (3) “if serving in a grade below captain, has not twice failed of selection for promotion to the next higher grade.”
14 U.S.C. § 2115 (COAST GUARD)
§ 2115. Selection boards; information to be furnished boards
(a) In General.—
The Secretary shall furnish the appropriate selection board convened under section 2106 of this title with—
(1) the number of officers that the board may recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion.
(b) Provision of Direction and Guidance.—
(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—
(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and
(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.
(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258; amended Pub. L. 89–444, § 1(17), June 9, 1966, 80 Stat. 196; Pub. L. 104–324, title II, § 212, Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, § 212(2), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2115 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 258 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions.
Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
2010—Pub. L. 111–281 designated existing provisions as subsec. (a), inserted heading, substituted “with—” for “with:” in introductory provisions, and added subsec. (b).
1996—Cl. (2). Pub. L. 104–324 struck out “, with identification of those officers who are in the promotion zone” after “officers for promotion”.
1966—Pub. L. 89–444 substituted “officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion” for “officers to be considered by the board” in cl. 2.
14 U.S.C. § 2117 (COAST GUARD)
§ 2117. Selection boards; reports
(a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title.
(b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 260; amended Pub. L. 107–295, title III, § 313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111–281, title II, § 212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered § 2117 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 260 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2121(a)” for “section 271(a)”.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2115” for “section 258”.
2010—Subsec. (b). Pub. L. 111–281 inserted “to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)” after “qualified for promotion”.
2002—Subsec. (a). Pub. L. 107–295 inserted “and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 271(a) of this title” before period at end.
14 U.S.C. § 2118 (COAST GUARD)
§ 2118. Selection boards; submission of reports
(a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
(b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title shall be promptly disseminated to the service at large.
(d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any person not a member of the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 261; amended Pub. L. 112–213, title II, § 208(b), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2118 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 261 of this title as this section.
Subsecs. (a), (c). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.
Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2120” for “section 263”.
2012—Subsec. (d). Pub. L. 112–213 substituted “selection board, including a special selection board convened under section 263,” for “selection board”.
heading: Effective Date of 2012 Amendment
text: Pub. L. 112–213, title II, § 208(e)(1), Dec. 20, 2012, 126 Stat. 1549, provided that: “The amendments made by this section [enacting section 263 of this title and amending this section and section 262 of this title] shall take effect on the date of enactment of this Act [Dec. 20, 2012] and the Secretary may convene a special selection board on or after that date under section 263 [now 2120] of title 14, United States Code, with respect to any error or other action for which such a board may be convened if that error or other action occurred on or after the date that is 1 year before the date of enactment of this Act.”
14 U.S.C. § 2119 (COAST GUARD)
§ 2119. Failure of selection for promotion
An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 2111 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 262; amended Pub. L. 112–213, title II, § 208(c), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2119 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2111” for “section 256”.
Pub. L. 115–282, § 112(b), renumbered section 262 of this title as this section.
2012—Pub. L. 112–213 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) describing failure of selection for promotion with an exception made if an officer was not considered because of administrative error.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–213 effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as a note under section 2118 of this title.
heading: Placement Out of Line of Promotion Prior to September 24, 1963
text: Pub. L. 88–130, § 2(a), (b), Sept. 24, 1963, 77 Stat. 190, provided that:
“(a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the effective date of this Act, and shall be subject to the provisions of sections 282 through 285 [now 2142 through 2145] of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the effective date of this Act.
“(b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having once failed of selection for promotion to the next higher grade.”