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14 U.S.C. § 2103 — Number and distribution of commissioned officers on active duty promotion list
Federal law — U.S. Code and appendices · legal_authorities
**(a) Maximum Total Number.—**
(1) **In general.—** — The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed—
(A) 7,100 in fiscal year 2022;
(B) 7,200 in fiscal year 2023;
(C) 7,300 in fiscal year 2024; and
(D) 7,400 in fiscal year 2025 and each subsequent fiscal year.
(2) **Temporary increase.—** — Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class.
(3) **Notification.—** — Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period.
**(b) Distribution Percentages by Grade.—**
(1) **Required.—** — The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.
(2) **Discretionary.—** — The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.
(3) **Authority of secreta
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Source location: Title 14, Chapter 21, § 2103; chapter-021-personnel-officers.md
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**(a) Maximum Total Number.—**
(1) **In general.—** — The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed—
(A) 7,100 in fiscal year 2022;
(B) 7,200 in fiscal year 2023;
(C) 7,300 in fiscal year 2024; and
(D) 7,400 in fiscal year 2025 and each subsequent fiscal year.
(2) **Temporary increase.—** — Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class.
(3) **Notification.—** — Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period.
**(b) Distribution Percentages by Grade.—**
(1) **Required.—** — The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.
(2) **Discretionary.—** — The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.
(3) **Authority of secretary to reduce percentage.—** — The Secretary—
(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and
(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.
**(c) Computations.—**
(1) **In general.—** — The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.
(2) **Rounding fractions.—** — Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.
(3) **Treatment of officers serving outside coast guard.—** — The number of commissioned officers on the active duty promotion list below the rank of vice admiral serving with other Federal departments or agencies on a reimbursable basis or excluded under [section 324(d) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section324/d&num=0&edition=prelim) shall not be counted against the total number of commissioned officers authorized to serve in each grade.
**(d) Use of Numbers; Temporary Increases.—** The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.
**(e) Secretary to Prescribe Numbers for Certain Officers.—** The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—
(1) the permanent commissioned teaching staff of the Coast Guard Academy;
(2) the officers designated by the Secretary pursuant to this section; and
(3) the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in or above 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. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consideration for continuation during a promotion year in which that officer completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral.
**(b)** The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation.
**(c)** The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section.
**(d)** A board convened under this section shall submit its repor
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. 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.
**(b)** Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2103&num=0&edition=prelim) after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade.
**(c)** An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months’ active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.
**(d)** When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the a
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Federal law — U.S. Code and appendices · legal_authorities
Page 124
TITLE 14—COAST GUARD
§ 2103
Dec. 5, 1973, 87 Stat. 692; Pub. L. 97–136, § 6(a),
Dec. 29, 1981, 95 Stat. 1706; Pub. L. 103–206, title
II, § 205(a), Dec. 20, 1993, 107 Stat. 2422; Pub. L.
103–337, div. A, title XVI, § 1677(b)(1), Oct. 5, 1994,
108 Stat. 3019; renumbered § 2102, Pub. L. 115–282,
title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L.
116–283,
div.
G,
title
LVXXXV
[LXXXV],
§ 8505(a)(14), Jan. 1, 2021, 134 Stat. 4748.)
Editorial Notes
AMENDMENTS
2021—Subsec. (c). Pub. L. 116–283 substituted ‘‘An in-
dividual’’ for ‘‘A person’’.
2018—Pub. L. 115–282 renumbered section 41a of this
title as this section.
1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘section
12311 of title 10’’ for ‘‘section 679 of title 10’’.
1993—Subsec. (b). Pub. L. 103–206 struck out before pe-
riod at end of second sentence ‘‘, except that the rear
admiral serving as Chief of Staff shall be the senior
rear admiral for all purposes other than pay’’.
1981—Subsec. (a). Pub. L. 97–136, § 6(a)(1), substituted
‘‘Reserve officers on active duty, other than pursuant
to an active duty agreement executed under section 679
of title 10, retired officers, and officers of the perma-
nent commissioned teaching staff of the Coast Guard
Academy shall not’’ for ‘‘Retired officers and officers of
the permanent commissioned teaching staff of the
Coast Guard Academy shall not be included on the ac-
tive 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 or assigned to the
Selective Service System, shall’’.
Subsec. (b). Pub. L. 97–136, § 6(a)(2), inserted exception
that rear admiral serving as Chief of Staff shall be sen-
ior
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