§ 2121. Promotions; appointments

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. § 2121

   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 271

   Source evidence

   Code source credit
   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 271

   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. 1970

   Pub. L. 91–278 § 1(8) · 84 Stat. 304

   Substituted · 14 U.S.C. § 2121(c)

   Pub. L. 91–278 substituted “twelve” for “eighteen”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–278 substituted “twelve” for “eighteen”.

   Enacted provision · exact public law section
   (1) Section 2 is amended— (A) by deleting the word “upon” and substituting therefor the words “on and under”, in the clause preceding the first semicolon; (B) by inserting “and under” after the phrase “life and property on” and deleting the word “on” after the phrase “the high seas and” in the clause preceding the second semicolon; and (C) by correctly spelling icebreaking as an unhyphenated word and inserting “, under,” after the phrase “promotion of safety on” in the clause preceding the third semicolon.

3. 1983

   Pub. L. 97–417 § 2(5)(A) · 96 Stat. 2085

   Inserted · 14 U.S.C. § 2121(c)

   Pub. L. 97–417, § 2(5)(A), inserted a comma after “ensign may”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–417, § 2(5)(A), inserted a comma after “ensign may”.

   Enacted provision · exact public law section
   (A) by inserting a comma after “may” in subsection (c);

4. 1983

   Pub. L. 97–417 § 2(5)(B) · 96 Stat. 2085

   1. Added · 14 U.S.C. § 2121(d)(f)

      Pub. L. 97–417, § 2(5)(B), (C), added subsec. (d)

   2. Redesignated · 14 U.S.C. § 2121(d)(f)

      Pub. L. 97–417, § 2(5)(B), (C), redesignated former subsecs. (d) and (e) as (e) and (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 97–417, § 2(5)(B), (C), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

   Enacted provision · exact public law section
   (B) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

5. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title V § 514(c)(1) · 99 Stat. 583

   Substituted · 14 U.S.C. § 2121(d)

   Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.

   Enacted provision · exact public law section
   (1) The following sections of title 14, United States Code, are amended by striking out “commodore” each place it appears and inserting in lieu thereof “rear admiral (lower half)”: 42(b), 256(a), 259(b), 271(d), 289(a), 290(a), 421(b), 724(b), 729(e), 736(b), 740(a), 742(b), and 743.

6. 1989

   Coast Guard Authorization Act of 1989

   Pub. L. 101–225 title II § 203(2) · 103 Stat. 1908

   Inserted · 14 U.S.C. § 2121(e)

   Pub. L. 101–225 inserted “except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant” before the period at end of first sentence

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–225 inserted “except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant” before the period at end of first sentence.

   Enacted provision · exact public law section
   (2) in section 271(e), by inserting at the end of the first sentence, “except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant” immediately after “consent of the Senate”;

7. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1677(b)(2) · 108 Stat. 2663

   Substituted · 14 U.S.C. § 2121(e)

   Pub. L. 103–337 substituted “section 12203 of title 10” for “section 593 of title 10”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–337 substituted “section 12203 of title 10” for “section 593 of title 10”.

   Enacted provision · exact public law section
   (2) Section 271(e) is amended by striking out “section 593 of title 10” and inserting in lieu thereof “section 12203 of title 10”.

   Effective date note
   Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

8. 2002

   Coast Guard Personnel and Maritime Safety Act of 2002

   Pub. L. 107–295 title III § 313(3) · 116 Stat. 2064

   Inserted · 14 U.S.C. § 2121(a)

   Pub. L. 107–295 inserted at end “The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–295 inserted at end “The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.”

   Enacted provision · exact public law section
   (3) in section 271(a), by inserting at the end the following: “The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.”.

9. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

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

   Changed · 14 U.S.C. § 2121

   Pub. L. 115–282, § 112(b), renumbered section 271 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 112(b), renumbered section 271 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

10. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

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

    Substituted · 14 U.S.C. § 2121(b)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2103” for “section 42”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2103” for “section 42”.

    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.

11. 2022

    Don Young Coast Guard Authorization Act of 2022

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

    Amended · 14 U.S.C. § 2121(f)

    Pub. L. 117–263 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–263 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.”

    Enacted provision · exact public law section
    (d) Delay of Promotion.— Section 2121(f) of title 14, United States Code, is amended to read as follows: “(f) (1) The promotion of an officer may be delayed without prejudice if any of the following applies: “(A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. “(B) A criminal proceeding in a Federal or State court is pending against the officer. “(C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. “(2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable— “(i) the completion of the investigation or proceedings described in subparagraph (A); “(ii) a final decision in the proceeding described in subparagraph (B) is issued; or “(iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer. “(B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. “(3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.” .

12 of 12 references resolved to an enrolled provision