14 U.S.C. § 2150 — Captains; continuation on active duty; in-

Page 145 TITLE 14—COAST GUARD § 2150 for promotion from below the zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone or placed at the top of the list of selectees, as ap- plicable. (b) Retired pay computed under section 2504(a) of this title of an officer retired under this sec- tion shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 288; amended Pub. L. 93–283, § 1(8), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, § 1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96–342, title VIII, § 813(f)(1), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–417, § 2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–348, title II, § 205(b)(4), July 1, 1986, 100 Stat. 700; Pub. L. 99–661, div. A, title XIII, § 1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered § 2149 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), title III, § 309, Dec. 4, 2018, 132 Stat. 4216, 4240, 4248.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 288 of this title as this section. Subsec. (a). Pub. L. 115–282, § 309, substituted ‘‘zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is’’ for ‘‘zone is’’ and inserted ‘‘or placed at the top of the list of selectees, as applicable’’ before pe- riod at end. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2504(a)’’ for ‘‘section 423(a)’’. 1986—Subsec. (a). Pub. L. 99–661 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’. Subsec. (b). Pub. L. 99–348 substituted ‘‘Retired pay computed under section 423(a) of this title’’ for ‘‘Except as provided in section 423(b) of this title, the retired pay’’. 1983—Subsec. (a). Pub. L. 97–417 substituted ‘‘com- modore’’ for ‘‘rear admiral’’. 1980—Subsec. (b). Pub. L. 96–342 substituted ‘‘Except as provided in section 423(b)’’ for ‘‘Notwithstanding sec- tion 423’’. 1976—Subsec. (a). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’. 1974—Subsec. (a). Pub. L. 93–283 prohibited an invol- untary retirement under this section of an officer ad- vanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 2104 of this title. RETIREMENT, RETIRED PAY, AND ELECTION OF ANNUITY AS AFFECTED BY PUB. L. 88–130 Savings provisions in section 5(f)–(h) of Pub. L. 88–130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 2101 of this title. § 2150. Captains; continuation on active duty; in- voluntary retirement (a) The Secretary may, whenever the needs of the service require, but not more often than an- nually, convene a board consisting of not less than six officers of the grade of rear admiral (lower half) or rear admiral to recommend for continuation on active duty officers on the ac- tive duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years’ service in that grade and who have not been selected for promotion to the grade of rear admiral (lower half). Officers who are sub- ject to retirement under section 2149 of this title during the promotion year in which the board meets shall not be considered by this board. (b) Whenever he convenes a board under this section, the Secretary shall establish a continu- ation zone. The zone shall consist of the most senior captains eligible for consideration for continuation on active duty who have not pre- viously been placed in a continuation zone under this section. The Secretary shall, based upon the needs of the service, prescribe the number of captains to be included in the zone. (c) Based on the needs of the service the Sec- retary shall furnish the board with the number of officers that may be recommended for con- tinuation on active duty. This number shall be no less than 50 percent of the number consid- ered. The board shall select from the designated continuation zone, in the number directed by the Secretary, those officers who are, in the opinion of the board, best qualified for continu- ation on active duty. (d) The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection for promotion shall, to the extent that they are not inconsistent with the provisions of this section, apply to boards convened under this section. (e) The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continu- ation on active duty. (f) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Sec- retary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any individual who is not a member of the board. (g) Each officer who is considered but not rec- ommended for continuation on active duty under the provisions of this section shall, unless retired under some other provision of law, be re- tired on June 30 of the promotion year in which the report of the continuation board convened under this section is approved, or the last day of the month in which he completes twenty years of active service, whichever is later. (h) Notwithstanding subsection (g) and section 2149 of this title, the Commandant may by an- nual action retain on active duty from pro- motion year to promotion year any officer who would otherwise be retired under subsection (g) or section 2149 of this title. An officer so re- tained, unless retired under some other provi- sion of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain the officer under this subsection. Page 146 TITLE 14—COAST GUARD § 2151 (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 186, § 289; amended Pub. L. 94–546, § 1(26), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–417, § 2(8), 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(3), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 104–324, title II, § 203, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, § 414, Nov. 25, 2002, 116 Stat. 2120; renumbered § 2150 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(18), Jan. 1, 2021, 134 Stat. 4748.) Editorial Notes AMENDMENTS 2021—Subsec. (f). Pub. L. 116–283 substituted ‘‘indi- vidual who is’’ for ‘‘person’’. 2018—Pub. L. 115–282, § 112(b), renumbered section 289 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sections 2108, 2109, 2115, and 2117’’ for ‘‘sections 253, 254, 258, and 260’’. Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’ in two places. 2002—Subsec. (h). Pub. L. 107–295 added subsec. (h). 1996—Subsec. (f). Pub. L. 104–324 struck out ‘‘Upon ap- proval by the President, the names of the officers se- lected for continuation on active duty by the board shall be promptly disseminated to the service at large.’’ after ‘‘for his approval.’’ 1989—Subsec. (c). Pub. L. 101–225 substituted ‘‘50 per- cent’’ for ‘‘75 percent’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ in two places. 1983—Subsec. (a). Pub. L. 97–417 substituted ‘‘com- modore or rear admiral’’ for ‘‘rear admiral’’ after ‘‘six officers of the grade of’’, and ‘‘commodore’’ for ‘‘rear admiral’’ after ‘‘promotion to the grade of’’. 1976—Subsecs. (a), (g). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 88–130, § 6, Sept. 24, 1963, 77 Stat. 193, provided that: ‘‘Section 289 [now 2150] of title 14, United States Code, as enacted by section 1(10)(C) of this Act [see sec- tion 5(a) of Pub. L. 88–130, set out as a note under sec- tion 2101 of this title], becomes effective three years after the effective date of this Act [Sept. 24, 1963], or on July 1, 1966, whichever is later.’’ CONSIDERATION FOR RETENTION ON ACTIVE DUTY UNDER FORMER SECTION 248 OF THIS TITLE Pub. L. 88–130, § 2(c), Sept. 24, 1963, 77 Stat. 191, pro- vided that: ‘‘Officers who, prior to the effective date of this Act [Sept. 24, 1963], were considered but not se- lected for retention on active duty under the provisions of [former] section 248, title 14, United States Code, shall remain subject to the provisions of subsections (b) and (c) of that section.’’ RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title. Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (f) of this sec- tion to approve the report of a board convened to rec- ommend for continuation on active duty officers serv- ing in the grade of captain delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(f), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. § 2151. Rear admirals and rear admirals (lower half); continuation on active duty; involun- tary retirement (a) The Secretary shall from time to time con- vene boards to recommend for continuation on active duty the most senior officers on the ac- tive duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continu- ation 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 con- sidered 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 consid- eration 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 con- tinuation shall be not less than 50 per centum or more than 75 per centum of the number of offi- cers 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 sec- tion, apply to boards convened under this sec- tion. (d) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Sec- retary may return the report for proceedings in revision and resubmission to the Secretary. After final review the Secretary shall submit the report of the board to the President for ap- proval. (e) Each officer who is considered but not con- tinued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on July 1 of the promotion year immediately following the promotion year in which the report of the con- tinuation board convened under this section is approved. (f)(1) Unless retired under another provision of law, each officer who is continued on active duty under this section shall, except as provided in paragraph (2), be retired on July 1 of the pro- motion year immediately following the pro- motion year in which that officer completes seven years of combined service in the grades of rear admiral (lower half) and rear admiral, un-