§ 2115. Selection boards; information to be furnished boards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1963

   Pub. L. 88–130 § 1(10)(C) · 77 Stat. 174

   Enacted · 14 U.S.C. § 2115

   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258

   Source evidence

   Code source credit
   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258

   Enacted provision · exact public law section
   (1) The following new section is added after section 41: “§41a. Active duty promotion list “(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers of the Women’s Reserve shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components, shall be included on the active duty promotion list. “(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are. serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error, “(c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. “(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on extended active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.”

2. 1966

   Pub. L. 89–444 § 1(17) · 80 Stat. 195

   Substituted · 14 U.S.C. § 2115

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 4 is amended— (A) by inserting the word “and” at the end of clause (d); and (B) by striking out and” at the end of clause (e) and inserting a period in place thereof.

3. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title II § 212 · 110 Stat. 3901

   Struck · 14 U.S.C. § 2115

   Pub. L. 104–324 struck out “, with identification of those officers who are in the promotion zone” after “officers for promotion”

   Source evidence

   Code amendment note
   Cl. (2). Pub. L. 104–324 struck out “, with identification of those officers who are in the promotion zone” after “officers for promotion”.

   Enacted provision · exact public law section
   SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION BOARDS. Section 258(2) of title 14, United States Code, is amended by striking “, with identification of those officers who are in the promotion zone”.

4. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 title II § 212(2) · 124 Stat. 2905

   1. Amended · 14 U.S.C. § 2115

      Pub. L. 111–281 designated existing provisions as subsec. (a)

   2. Inserted · 14 U.S.C. § 2115

      Pub. L. 111–281 inserted heading

   3. Substituted · 14 U.S.C. § 2115

      Pub. L. 111–281 substituted “with—” for “with:” in introductory provisions

   4. Added · 14 U.S.C. § 2115

      Pub. L. 111–281 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 111–281 designated existing provisions as subsec. (a), inserted heading, substituted “with—” for “with:” in introductory provisions, and added subsec. (b).

   Enacted provision · exact public law section
   (2) in section 258— (A) by inserting “(a) In General.—” before “The Secretary shall” ; (B) in subsection (a) (as so designated) by striking the colon at the end of the material preceding paragraph (1) and inserting “—”; and (C) by adding at the end the following: “(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 251 of this title.” ;

5. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 112(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2115

   Pub. L. 115–282, § 112(b), renumbered section 258 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 112(b), renumbered section 258 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 211Original appointment of permanent commissioned officers2101 41aActive duty promotion list2102 42Number and distribution of commissioned officers on active duty promotion list2103 214Appointment of temporary officers2104 215Rank of warrant officers2105 251Selection boards; convening of boards2106 252Selection boards; composition of boards2107 253Selection boards; notice of convening; communication with board2108 254Selection boards; oath of members2109 255Number of officers to be selected for promotion2110 256Promotion zones2111 256aPromotion year; defined2112 257Eligibility of officers for consideration for promotion2113 258Selection boards; information to be furnished boards2115 259Officers to be recommended for promotion2116 260Selection boards; reports2117 261Selection boards; submission of reports2118 262Failure of selection for promotion2119 263Special selection boards; correction of errors2120 271Promotions; appointments2121 272Removal of officer from list of selectees for promotion2122 273Promotions; acceptance; oath of office2123 274Promotions; pay and allowances2124 275Wartime temporary service promotions2125 276Promotion of officers not included on active duty promotion list2126 331Recall to active duty during war or national emergency2127 332Recall to active duty with consent of officer2128 373Aviation cadets; appointment as Reserve officers2129 281Revocation of commissions during first five years of commissioned service2141 282Regular lieutenants (junior grade); separation for failure of selection for promotion2142 283Regular lieutenants; separation for failure of selection for promotion; continuation2143 284Regular Coast Guard; officers serving under temporary appointments2144 285Regular lieutenant commanders and commanders; retirement for failure of selection for promotion2145 286Discharge in lieu of retirement; separation pay2146 286aRegular warrant officers: separation pay2147 287Separation for failure of selection for promotion or continuation; time of2148 288Regular captains; retirement2149 289Captains; continuation on active duty; involuntary retirement2150 290Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement2151 291Voluntary retirement after twenty years’ service2152 292Voluntary retirement after thirty years’ service2153 293Compulsory retirement2154 294Retirement for physical disability after selection for promotion; grade in which retired2155 295Deferment of retirement or separation for medical reasons2156 296Flag officers2157 321Review of records of officers2158 322Boards of inquiry2159 323Boards of review2160 324Composition of boards2161 325Rights and procedures2162 326Removal of officer from active duty; action by Secretary2163 327Officers considered for removal; retirement or discharge; separation benefits2164 333Relief of retired officer promoted while on active duty2165 335Physical fitness of officers2181 429Multirater assessment of certain personnel2182

6. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2115(a)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2115(b)(2)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

8. 2022

   Don Young Coast Guard Authorization Act of 2022

   Pub. L. 117–263 div. K title CXII § 11245(a) · 136 Stat. 2395

   Added · 14 U.S.C. § 2115(a)(3)

   Pub. L. 117–263 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 117–263 added par. (3).

   Enacted provision · exact public law section
   (a) Information To Be Furnished.— Section 2115(a) of title 14, United States Code, is amended— (1) in paragraph (1) by striking “; and” and inserting a semicolon; (2) in paragraph (2) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary.” .

11 of 11 references resolved to an enrolled provision