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14 U.S.C. § 3740 — Promotion; recommendations of selection boards

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3740 — Promotion; recommendations of selection boards

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Stable record: federal_law:legal_authorities:record_usc_dbe45e15010b162c81ed0c34
Source file: Laws/federal/codes/united-states-code/title-14/section-3740-promotion-recommendations-of-selection-boards--6706775e73.md
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Source location: Title 14, Chapter 37, § 3740; chapter-037-coast-guard-reserve.md

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**(a)** Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board. **(b)** The Secretary shall convene selection boards from time to time to recommend Reserve officers for promotion to the next higher grade. A board may be convened to consider officers in one or more grades. **(c)** A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade: (1) those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and (2) those officers serving in the grade of ensign whom it considers to be fully qualified. **(d)** (1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade. (2) (A) Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum number of officers in that grade that the board may recommend for promotion. (B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard for Reserve officers in an active status. (C) In order to make the determination under subparagraph (B), the Secretary shall determine the following: (i) The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion. (ii) The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted. (iii) The number of officers authorized by the Secretary to serve in an active status in the grade under consideration. (iv) Any statutory limitation on the number of officers in any grade authorized to be in an active status. (3) (A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone. (B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this subparagraph is less than one, the board may recommend one officer for promotion from below the promotion zone. (C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2). **(e)** The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) an officer shall have completed at least ten years commissioned service, of which the last five years shall have been served in the Coast Guard Reserve. **(f)** The provisions of sections 2115 and 2117 of this title apply to boards convened under this section. The Secretary shall determine the procedure to be used by a selection board. **(g)** The report of a selection board shall be submitted to the Secretary for review and transmission to the President for approval. When an officer recommended by a board for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. **(h)** The recommendations of a selection board, as approved by the President, constitute a list of selectees from which the promotions of Reserve officers shall be made. An officer on a list of selectees remains thereon until promoted unless removed by the President under [section 3749 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3749&num=0&edition=prelim). If an existing list of selectees has not been exhausted by the time a later list has been approved, all officers remaining on the older list shall be tendered appointments prior to those on the later list. **(i)** A Reserve officer whose name is on a list of selectees for promotion shall, unless that officer’s promotion is lawfully withheld, be tendered an appointment in the next higher grade on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon thereafter as practicable, as that officer’s running mate is tendered a similar appointment.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3749 — Effect of removal by the President or failure of consent of the Senate

**(a)** The President may, for cause, remove the name of any officer from a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim). **(b)** If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim), that officer’s name shall be removed from the list. **(c)** An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3742 — Establishment of promotion zones under running mate system

**(a) Authority To Use Running Mate System.—** The Secretary may by regulation implement [section 3740(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740/d/1&num=0&edition=prelim) by requiring that the promotion zone for consideration of Reserve officers in an active status for promotion to the next higher grade be determined in accordance with a running mate system as provided in subsection (b). **(b) Consideration for Promotion.—** If promotion zones are determined as authorized under subsection (a), a Reserve officer shall, subject to the eligibility requirements of this subchapter, be placed in a promotion zone when that officer’s running mate is placed in a promotion zone and shall, in accordance with the provisions of this subchapter, be considered for promotion at approximately the same time as that officer’s running mate or as soon thereafter as practicable, or in the event that promotion is not determined in accordance with a running mate system, then a Reserve officer becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he or she completes the following amount of service computed from the date of rank in the grade in which he or she 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. **(c) Consideration of Officers Below the Zone.—** If the Secretary authorizes the selection of officers for promotion from below the promotion zone in accordance with [section 3740(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3742

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1381 to 1398 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

### Statutory Notes Section 1381, act Sept. 3, 1954, ch. 1257, title VI, § 601, 68 Stat. 1183, defined terms used in sections 1381 to 1399 of this title. See [section 3731 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3731&num=0&edition=prelim), Coast Guard. Section 1382, act Sept. 3, 1954, ch. 1257, title VI, § 602, 68 Stat. 1183, related to applicability of sections 1381 to 1399 of this title. See [section 3732 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3732&num=0&edition=prelim). Section 1383, act Sept. 3, 1954, ch. 1257, title VI, § 603, 68 Stat. 1184, related to authorized numbers and distribution of officers in the Coast Guard Reserve. See [section 3735 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3735&num=0&edition=prelim). Section 1384, act Sept. 3, 1954, ch. 1257, title VI, § 604, 68 Stat. 1184, related to promotions and selection boards. See [section 3740 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim). Section 1385, act Sept. 3, 1954, ch. 1257, title VI, § 605, 68 Stat. 1185, provided for precedence. See [section 3736 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3736&num=0&edition=prelim). Section 1386, acts Sept. 3, 1954, ch. 1257, title VI, § 606, 68 Stat. 1185; June 30, 1955, ch. 247, § 5(a), 69 Stat. 221, related to running mates. See [section 3737 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3737&num=0&edition=prelim). Section 1387, act Sept. 3, 1954, ch. 1257, title VI, § 607, 68 Stat. 1186, related to promotion zones. See [section 3742 of Title 14](https://uscod

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1381 to 1398

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3740 — Promotion; recommendations of selection

Page 211 TITLE 14—COAST GUARD § 3740 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 773 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘an individual’’ for ‘‘a person’’ in two places, and substituted ‘‘individ- ual’s’’ for ‘‘person’s’’ and ‘‘An individual’’ for ‘‘A per- son’’. 2018—Pub. L. 115–282 renumbered section 727 of this title as this section. 2006—Pub. L. 109–241 substituted ‘‘judge advocate’’ for ‘‘law specialist’’. 2004—Pub. L. 108–293 substituted ‘‘one year’’ for ‘‘three years’’ in second sentence. § 3738a. Direct commissioning authority for indi- viduals with critical skills An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not cur- rently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander. (Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8205(a), Jan. 1, 2021, 134 Stat. 4648.) § 3739. Promotion of Reserve officers on active duty (a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to ac- tive duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for pro- motion under chapter 21 of this title. If pro- moted while serving on active duty the officer shall be considered as having been promoted under this subchapter and shall be an extra number in the grade to which promoted for the purpose of grade distribution as prescribed in this subchapter. Upon release from

Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 3740

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