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14 U.S.C. § 2101 — Original appointment of permanent commissioned officers

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2101 — Original appointment of permanent commissioned officers

**(a)** (1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories: (A) Graduates of the Coast Guard Academy. (B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard. (C) Members of the Coast Guard Reserve who have served at least 2 years as such. (D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer. (2) 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. (3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. **(b)** No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe. **(c)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine. **(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.

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Stable record: federal_law:legal_authorities:record_usc_56bab49f8e06b48cd48c287d
Source file: Laws/federal/codes/united-states-code/title-14/section-2101-original-appointment-of-permanent-commissioned-officers--466a4dddb2.md
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Passage SHA-256: 93be8ab850946d7f0b645a241a929a68c112ae718702f3a877d834554dbb5942

Source location: Title 14, Chapter 21, § 2101; chapter-021-personnel-officers.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1431 — Election of annuity: members of armed forces

**(a)** This section applies to all members of the armed forces except— (1) members whose names are on a retired list other than a list maintained under [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim); (2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and (3) midshipmen. **(b)** To provide an annuity under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434&num=0&edition=prelim), a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An elect

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1641 — Accountability and reporting requirements of President

**(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency** When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations. **(b) Presidential orders, rules and regulations; transmittal to Congress** All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate. **(c) Expenditures during national emergency; Presidential reports to Congress** When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 3733 — Suspension of this subchapter in time of war or national emergency

In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2125 — Wartime temporary service promotions

**(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 Secr

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1631 — Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress

When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

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3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12241 — Warrant officers: grades; appointment, how made; term

**(a)** The permanent reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by [section 571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/a&num=0&edition=prelim). **(b)** Appointments in permanent reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by [section 571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section571/b&num=0&edition=prelim). **(c)** Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 571 — Warrant officers: grades

**(a)** The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by [section 201(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) are as follows:Warrant officer grade: Chief warrant officer, W–5. Chief warrant officer, W–4. Chief warrant officer, W–3. Chief warrant officer, W–2. Warrant officer, W–1. **(b)** Appointments in the grade of regular warrant officer, W–1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned. **(c)** An appointment may not be made in any of the armed forces in the regular warrant officer grade of chief warrant officer, W–5, if the appointment would result in more than 5 percent of the warrant officers of that armed force on active duty being in the grade of chief warrant officer, W–5. In computing the limitation prescribed in the preceding sentence, there shall be excluded warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 1902 — Academy policy and report on covered misconduct

**(a) Required Policy.—** The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. **(b) Matters To Be Specified in Policy.—** The policy on sexual harassment and sexual violence under this section shall include specification of the following: (1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel. (2) Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized. (3) Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including— (A) if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the individual or individuals to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims; (B) a specification of any other individual whom the victim should contact; and (C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. (4) Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel. (5) Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2104 — Appointment of temporary officers

**(a)** The president may appoint temporary commissioned officers— (1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and (2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve. **(b)** Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade. **(c)** An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status. **(d)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.

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