14 U.S.C. § 2121 — Promotions; appointments

Page 135 TITLE 14—COAST GUARD § 2121 (2) A person who is appointed to the next high- er grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allow- ances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board con- cerned. (g) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out this section. (h) PROMOTION BOARD DEFINED.—In this sec- tion, the term ‘‘promotion board’’ means a se- lection board convened by the Secretary under section 2106 of this title. (Added Pub. L. 117–263, div. K, title CXII, § 11245(b)(1), Dec. 23, 2022, 136 Stat. 4043.) § 2121. Promotions; appointments (a) When the report of a board convened to recommend officers for promotion has been ap- proved by the President, the Secretary shall place the names of all officers selected and ap- proved 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 se- niority on the active duty promotion list. (b) Officers on the list of selectees may be pro- moted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under sec- tion 2103 of this title after officers on any pre- vious list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of se- lectees. The date of rank of an officer promoted under this subsection shall be the date of his ap- pointment 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 pre- scribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appoint- ment after he has completed twelve months’ ac- tive service in grade. The date of rank of an offi- cer promoted under this subsection shall be the date of his appointment in the grade of lieuten- ant (junior grade) as specified by the Secretary. (d) When a vacancy in the grade of rear admi- ral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the va- cancy. The appointment shall be effective on the date the vacancy occurred. (e) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate ex- cept that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appoint- ments of Reserve officers shall be made as pre- scribed in section 12203 of title 10. (f)(1) The promotion of an officer may be de- layed without prejudice if any of the following applies: (A) The officer is under investigation or pro- ceedings of a court-martial or a board of offi- cers 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 rec- ommend whether the recommendation for pro- motion of the officer should be sustained. (2)(A) Subject to subparagraph (B), a pro- motion 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 de- scribed in subparagraph (B) is issued; or (iii) the special selection review board con- vened 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 sub- section 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 po- sition on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 271; amended Pub. L. 91–278, § 1(8), June 12, 1970, 84 Stat. 305; Pub. L. 97–417, § 2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(2), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–337, div. A, title XVI, § 1677(b)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 107–295, title III, § 313(3), Nov. 25, 2002, 116 Stat. 2103; renumbered § 2121 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117–263, div. K, title CXII, § 11245(d), Dec. 23, 2022, 136 Stat. 4046.) Editorial Notes AMENDMENTS 2022—Subsec. (f). Pub. L. 117–263 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘The promotion of an officer who is under inves- tigation or against whom proceedings of a court-mar- tial 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 sub- section 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 de- layed.’’ 2018—Pub. L. 115–282, § 112(b), renumbered section 271 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2103’’ for ‘‘section 42’’. 2002—Subsec. (a). Pub. L. 107–295 inserted at end ‘‘The names of all officers approved by the President and rec- Page 136 TITLE 14—COAST GUARD § 2122 ommended 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.’’ 1994—Subsec. (e). Pub. L. 103–337 substituted ‘‘section 12203 of title 10’’ for ‘‘section 593 of title 10’’. 1989—Subsec. (e). Pub. L. 101–225 inserted ‘‘except that advice and consent is not required for appoint- ments under this section in the grade of lieutenant (junior grade) or lieutenant’’ before the period at end of first sentence. 1985—Subsec. (d). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. 1983—Subsec. (c). Pub. L. 97–417, § 2(5)(A), inserted a comma after ‘‘ensign may’’. 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. 1970—Subsec. (c). Pub. L. 91–278 substituted ‘‘twelve’’ for ‘‘eighteen’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT 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. RULE OF CONSTRUCTION Pub. L. 112–213, title II, § 208(e)(2), Dec. 20, 2012, 126 Stat. 1549, provided that: ‘‘Sections 271, 272, and 273 [now 2121, 2122, and 2123] of title 14, United States Code, apply to the activities of— ‘‘(A) a selection board convened under section 251 [now 2106] of such title; and ‘‘(B) a special selection board convened under sec- tion 263 [now 2120] of such title.’’ PERMANENT GRADES AND TITLES FOR OFFICERS HOLDING CERTAIN GRADES ON JANUARY 3, 1983 Pub. L. 97–417, § 4, Jan. 4, 1983, 96 Stat. 2087, provided that: ‘‘(a) An officer of the Coast Guard who on the day be- fore the effective date of this Act [Jan. 4, 1983]— ‘‘(1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear ad- miral of the upper half; or ‘‘(2) was serving on active duty in the grade of ad- miral or vice admiral, shall after that date hold the permanent grade of rear admiral. ‘‘(b) An officer who on the day before the effective date of this Act [Jan. 4, 1983] was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date hold the permanent grade of commodore, but shall retain the title of rear admiral. ‘‘(c) An officer who on the day before the effective date of this Act [Jan. 4, 1983] was on an approved list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral. ‘‘(d) An officer who on the day before the effective date of this Act [Jan. 4, 1983]— ‘‘(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or ‘‘(2) was on an approved list of officers rec- ommended for promotion to the grade of rear admi- ral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uni- form and insignia of a rear admiral. ‘‘(e) An officer of the Coast Guard who on the day be- fore the effective date of this Act [Jan. 4, 1983] held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled after that date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty— ‘‘(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and ‘‘(2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of— ‘‘(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or ‘‘(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. ‘‘(f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the effective date of this Act [Jan. 4, 1983]— ‘‘(1) was serving on active duty, and ‘‘(2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his re- tirement, he is considered, for the purposes of deter- mining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act.’’ TEMPORARY GRADES AND RECOMMENDATIONS FOR PROMOTIONS IN EFFECT PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(a), (b), and (d) of Pub. L. 88–130, protecting officers recommended for pro- motion or serving in temporary grade higher than per- manent grade, are set out as a note under section 2101 of this title. Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (e) of this sec- tion to appoint officers in the grades of lieutenant (jun- ior grade) and lieutenant delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(d), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. § 2122. Removal of officer from list of selectees for promotion (a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title. (b) If the Senate does not consent to the ap- pointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list. (c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty pro- motion list in the grade to which promoted that he would have held if his name had not been re- moved. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)