PRIA, Government Policy, Made Personal

Summary

The President can suspend Coast Guard rules about picking, promoting, or forcing out officers during a war or a national emergency declared by the President or Congress. If those rules are suspended and the service needs it, the President can promote active-duty officers (ensign or above) to higher grades and can promote warrant officers below chief warrant officer, W–4, to the next warrant grade. Promotions must follow rules the President creates. Any promotion above lieutenant needs a recommendation from a board of officers. Promotions under this authority are temporary. Original temporary appointments to lieutenant commander and above need the President and the Senate’s approval. Original temporary appointments to ensign through lieutenant are made by the President alone. If an officer does not refuse the appointment, it is accepted on the date the Secretary names, and pay starts that date. The President can end these temporary appointments any time, but they cannot last past six months after the war or emergency ends; when they end the officer returns to their old grade. Within six months after the war or emergency ends, the President must reestablish the active-duty promotion list, make needed adjustments for wartime service, and may appoint officers from that list to fill vacancies; those appointments are treated as made under section 2121.

Title 14, §2125

Coast Guard, Source: USLM XML via OLRC

(a)In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency.

(b)When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard.

(c)In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W–4.

[(d)Repealed. Pub. L. 97–417, § 2(6), Jan. 4, 1983, 96 Stat. 2085.]

(e)A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose.

(f)A promotion under this section shall be made by an appointment for temporary service. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. Any other appointments under this section shall be made by the President alone.

(g)An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date.

(h)An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade.

(i)Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 2121 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 275 of this title as this section. Subsec. (i). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”. 2006—Subsec. (f). Pub. L. 109–241 substituted “Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.” for “An appointment under this section to a grade above captain shall be made by the President by and with the advice and consent of the Senate. An appointment under this section to grade above lieutenant commander of an officer in the Coast Guard Reserve shall be made by the President, by and with the advice and consent of the Senate.” 1983—Subsec. (d). Pub. L. 97–417 repealed subsec. (d) which had established the grade of commodore in the Coast Guard for the purposes of this section. 1971—Subsec. (f). Pub. L. 92–129 inserted provision covering appointments of officers in the Coast Guard Reserve to grades above lieutenant commander.

Executive Documents

Delegation of Authority Authority of President under this section, during a time of war or national emergency, to suspend the operation of any law relating to the selection, promotion, or involuntary separation of officers of the Coast Guard, and to temporarily promote officers serving on active duty and chief warrant officers serving on active duty, delegated to Secretary of Homeland Security without the approval, ratification, or other action by the President by Ex. Ord. No. 14106, § 2(a), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. Authority of President under subsec. (a) of this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.

§2125 Wartime Temporary Service Promotions