14 USC 2103 - Number and distribution of commissioned officers on active duty promotion list

U.S Code last checked for updates: Nov 23, 2024

§ 2103.

Number and distribution of commissioned officers on active duty promotion list

(a)

Maximum Total Number.—

(1)

In general.—

The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed—

(A)

7,100 in fiscal year 2022;

(B)

7,200 in fiscal year 2023;

(C)

7,300 in fiscal year 2024; and

(D)

7,400 in fiscal year 2025 and each subsequent fiscal year.

(2)

Temporary increase.—

Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class.

(3)

Notification.—

Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period.

(b)

Distribution Percentages by Grade.—

(1)

Required.—

The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.

(2)

Discretionary.—

The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.

(3)

Authority of secretary to reduce percentage.—

The Secretary—

(A)

may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and

(B)

shall apply that total percentage reduction to any other lower grade or combination of lower grades.

(c)

Computations.—

(1)

In general.—

The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.

(2)

Rounding fractions.—

Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.

(3)

Treatment of officers serving outside coast guard.—

The number of commissioned officers on the active duty promotion list below the rank of vice admiral serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.

(d)

Use of Numbers; Temporary Increases.—

The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.

(e)

Officers Serving Coast Guard Academy and Reserve.—

The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.

(Aug. 4, 1949, ch. 393, 63 Stat. 497, § 42; July 20, 1956, ch. 647, § 2, 70 Stat. 588; Pub. L. 86–474, § 1(2), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89–444, § 1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90–385, July 5, 1968, 82 Stat. 293; Pub. L. 92–451, § 1(2), Oct. 2, 1972, 86 Stat. 755; Pub. L. 93–174, § 1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96–23, § 4, June 13, 1979, 93 Stat. 68; Pub. L. 97–417, § 2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97–449, § 5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–557, § 25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–206, title II, § 201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108–293, title II, § 214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111–281, title II, § 204(a), Oct. 15, 2010, 124 Stat. 2910; Pub. L. 113–281, title II, § 201, Dec. 18, 2014, 128 Stat. 3024; renumbered § 2103, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8217, Jan. 1, 2021, 134 Stat. 4653; Pub. L. 117–263, div. K, title CXII, § 11236(a), Dec. 23, 2022, 136 Stat. 4035.)

cite as: 14 USC 2103