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 active duty the officer shall be included in the grade dis- tribution authorized by this subchapter. (b) Notwithstanding subsection (a) of this sec- tion, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for ac- tive duty, shall be promoted to that grade under chapter 21 of this title. (c) A Reserve officer who, at the time the offi- cer is released from active duty, has been se- lected for promotion to the next higher grade under chapter 21 of this title, shall be promoted to that grade as though selected under this sub- chapter. (d) A failure of selection for promotion to the next higher grade occurring under this sub- chapter or under chapter 21 of this title shall count for all purposes. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728; renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), Dec. 4, 2018, 132 Stat. 4233, 4241.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 791 of this title prior to the complete revision of former chapter 21 of this chapter by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 123(c)(2)(B), substituted ‘‘chap- ter 21’’ for ‘‘chapter 11’’ wherever appearing. Pub. L. 115–282, § 118(b), renumbered section 728 of this title as this section. § 3740. Promotion; recommendations of selection boards (a) Except as otherwise provided by law, a Re- serve 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 sub- mitted to it, recommend for promotion to the next higher grade: (1) those officers serving in the grade of lieu- tenant (junior grade) or above whom it con- siders to be best qualified; and (2) those officers serving in the grade of en- sign 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 of- ficers 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 max- imum number of officers in that grade that the board may recommend for promotion. (B) The Secretary shall make the determina- tion under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient num- ber 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 accom- plish mission objectives that require officers in the grade to which the board will rec- ommend 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 consider- ation of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone. Page 212 TITLE 14—COAST GUARD § 3741 (B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be rec- ommended for promotion from below the pro- motion 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 offi- cers 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 sub- paragraph is less than one, the board may rec- ommend 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 se- lection 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 com- pleted 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 section 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 trans- mission 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 se- lectees remains thereon until promoted unless removed by the President under section 3749 of this title. 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 offi- cer’s promotion is lawfully withheld, be ten- dered an appointment in the next higher grade on the date a vacancy occurs, or as soon there- after as practicable in the grade to which the of- ficer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon there- after as practicable, as that officer’s running mate is tendered a similar appointment. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1010, § 729; amended Pub. L. 97–417, § 2(13), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 106–398, § 1 [[div. A], title V, § 502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–99; Pub. L. 107–295, title IV, § 411(a), Nov. 25, 2002, 116 Stat. 2118; renumbered § 3740 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 780 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 118(b), renumbered section 729 of this title as this section. Subsec. (f). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2117’’ for ‘‘section 260’’. Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 3749’’ for ‘‘section 738’’. 2002—Subsec. (i). Pub. L. 107–295 inserted ‘‘on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for pro- motion or, if promotion was determined in accordance with a running mate system,’’ after ‘‘grade’’. 2000—Subsec. (d). Pub. L. 106–398 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘Before convening a selection board to rec- ommend Reserve officers for promotion to a grade above lieutenant (junior grade), the Secretary shall de- termine the total number of Reserve officers to be se- lected for promotion to that grade. The number to be selected shall normally be equal to the number of va- cancies existing in that grade, plus the number of va- cancies anticipated over the next twelve months, minus the number of officers on the list of selectees for that grade. The Secretary may, however, prescribe regula- tions that provide for the establishment of promotion opportunity percentages for each grade to ensure that equitable promotion opportunities exist among succes- sive groups of Reserve officers being considered for pro- motion. The number so determined may not cause the number of Reserve officers in an active status in a grade to exceed that authorized for the grade con- cerned.’’ 1985—Subsec. (e). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ wherever appear- ing. 1983—Subsec. (e). Pub. L. 97–417 substituted ‘‘the grades of commodore and rear admiral’’ for ‘‘the grade of rear admiral’’, and inserted ‘‘for promotion to the grade of commodore’’ after ‘‘consideration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title V, § 502(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–100, provided that: ‘‘The amendments made by this section [amending this sec- tion and section 731 of this title] shall apply with re- spect to selection boards convened under section 730 [now 3741] of title 14, United States Code, on or after the date of the enactment of this Act [Oct. 30, 2000].’’ Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under sub- sec. (g) of this section, see section 2(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President. § 3741. Selection boards; appointment (a) A selection board shall (1) be appointed and convened by the Secretary; (2) consist of at least 50 per centum Reserve officer membership, ex- cept in the case of a flag officer selection board