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14 U.S.C. § 3749 — Effect of removal by the President or failure of consent of the Senate
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President may, for cause, remove the name of any officer from a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim).
**(b)** If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim), that officer’s name shall be removed from the list.
**(c)** An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.
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Stable record: federal_law:legal_authorities:record_usc_9e779733798a10c5a78d4989
Source file: Laws/federal/codes/united-states-code/title-14/section-3749-effect-of-removal-by-the-president-or-failure-of-consent-of-the-senate--e616537602.md
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Source location: Title 14, Chapter 37, § 3749; chapter-037-coast-guard-reserve.md
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**(a)** The President may, for cause, remove the name of any officer from a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim).
**(b)** If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under [section 3740 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim), that officer’s name shall be removed from the list.
**(c)** An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by law, a Reserve 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 submitted to it, recommend for promotion to the next higher grade:
(1) those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and
(2) those officers serving in the grade of ensign 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 officers 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 maximum number of officers in that grade that the board may recommend for promotion.
(B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number 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 numbe
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 3740
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1381, act Sept. 3, 1954, ch. 1257, title VI, § 601, 68 Stat. 1183, defined terms used in sections 1381 to 1399 of this title. See [section 3731 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3731&num=0&edition=prelim), Coast Guard.
Section 1382, act Sept. 3, 1954, ch. 1257, title VI, § 602, 68 Stat. 1183, related to applicability of sections 1381 to 1399 of this title. See [section 3732 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3732&num=0&edition=prelim).
Section 1383, act Sept. 3, 1954, ch. 1257, title VI, § 603, 68 Stat. 1184, related to authorized numbers and distribution of officers in the Coast Guard Reserve. See [section 3735 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3735&num=0&edition=prelim).
Section 1384, act Sept. 3, 1954, ch. 1257, title VI, § 604, 68 Stat. 1184, related to promotions and selection boards. See [section 3740 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3740&num=0&edition=prelim).
Section 1385, act Sept. 3, 1954, ch. 1257, title VI, § 605, 68 Stat. 1185, provided for precedence. See [section 3736 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3736&num=0&edition=prelim).
Section 1386, acts Sept. 3, 1954, ch. 1257, title VI, § 606, 68 Stat. 1185; June 30, 1955, ch. 247, § 5(a), 69 Stat. 221, related to running mates. See [section 3737 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3737&num=0&edition=prelim).
Section 1387, act Sept. 3, 1954, ch. 1257, title VI, § 607, 68 Stat. 1186, related to promotion zones. See [section 3742 of Title 14](https://uscod
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1381 to 1398
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Federal law — U.S. Code and appendices · legal_authorities
Page 215
TITLE 14—COAST GUARD
§ 3749
§ 3746. Promotion; acceptance; oath of office
(a) A Reserve officer who has been appointed
under this subchapter is considered to have ac-
cepted the appointment unless delivery thereof
cannot be effected.
(b) A Reserve officer who has served continu-
ously since taking the oath of office prescribed
in section 3331 of title 5, is not required to take
a new oath of office upon appointment in a high-
er grade.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat.
1012, § 735; renumbered § 3746, Pub. L. 115–282,
title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 797 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 renumbered section 735 of this
title as this section.
§ 3747. Date of rank upon promotion; entitlement
to pay
(a) When a Reserve officer is promoted to the
next higher grade under this subchapter, the
date of rank shall be the date of appointment in
that grade, unless the promotion was deter-
mined in accordance with a running mate sys-
tem, in which event the same date of rank shall
be assigned as that assigned to the officer’s run-
ning mate. A Reserve officer so promoted shall
be allowed the pay and allowances of the higher
grade for duty performed from the date of the
officer’s appointment thereto.
(b) Notwithstanding any other provision of law
and subject to subsection (c), if promotion of an
inactive duty promotion list officer to the grade
of rear admiral or rear admiral (lower half) is
determined in accordance with a running mate
system, a reserve officer, if acceptable to the
President and the Senate, shal
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 3749
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