14 U.S.C. § 3736 — Precedence

Page 209 TITLE 14—COAST GUARD § 3736 revision of former chapter 21 of this title by Pub. L. 96–322. AMENDMENTS 2018—Pub. L. 115–282, § 123(b)(2), substituted ‘‘sub- section 3757(b)’’ for ‘‘subsection 746(b)’’. Pub. L. 115–282, § 118(b), renumbered section 723 of this title as this section. § 3735. Authorized number of officers (a) The authorized number of officers in the Reserve in an active status is 5,000. Reserve offi- cers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve offi- cers in an active status at any time shall not ex- ceed the authorized number unless the Sec- retary determines that a greater number is nec- essary for planned mobilization requirements, or unless the excess results directly from the oper- ation of law. (b)(1) The Secretary shall make, at least once each year, a computation to determine the num- ber of Reserve officers in an active status au- thorized to be serving in each grade. The num- ber in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be dis- tributed by pay grade so as not to exceed per- centages of commissioned officers authorized by section 2103(b) of this title. When the actual number of Reserve officers in an active status in a particular pay grade is less than the maximum percentage authorized, the difference may be ap- plied to the number in the next lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an author- ized number as provided for in this subsection, or because an excess results directly from the operation of law. (2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear ad- miral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear ad- miral as necessary in order to meet planned mo- bilization requirements. (c) DEFERRAL OF LIMITATION.—If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limi- tation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to ex- ceed 6 months after the end of the war or termi- nation of the national emergency. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 724; amended Pub. L. 97–417, § 2(12), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, § 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title I, § 105(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 109–241, title II, § 207, July 11, 2006, 120 Stat. 521; renumbered § 3735 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 772 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 724 of this title as this section. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2103(b)’’ for ‘‘section 42(b)’’. 2006—Subsec. (a). Pub. L. 109–241, § 207(1), inserted ‘‘Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve.’’ after ‘‘5,000.’’ Subsec. (b)(1). Pub. L. 109–241, § 207(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘The authorized number of Reserve officers in an ac- tive status below the grade of rear admiral (lower half) shall be distributed in grade in the following percent- ages, respectively: captain, 1.5; commander, 7.0; lieu- tenant commander, 22.0; lieutenant, 37.0; and the com- bined grades of lieutenant (junior grade) and ensign, 32.5. When the actual number of Reserve officers in an active status in a grade is less than the number author- ized, the difference may be applied to increase the au- thorized number in a lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an authorized number as provided for in this subsection, or because an excess results directly from the operation of law.’’ 2002—Subsec. (c). Pub. L. 107–295 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ wherever appear- ing. 1984—Subsec. (b). Pub. L. 98–557 designated existing provisions as par. (1), struck out provisions authorizing number of Reserve officers in an active status not on active duty in the combined grades of commodore and rear admiral as two, and added par. (2). 1983—Subsec. (b). Pub. L. 97–417 substituted ‘‘com- modore’’ for ‘‘rear admiral’’ and ‘‘combined grades of commodore and real admiral’’ for ‘‘grade of rear admi- ral’’. § 3736. Precedence (a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commis- sioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the perma- nent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary. (b) Notwithstanding any other law, a Reserve officer shall not lose precedence when trans- ferred to or from the active duty promotion list, nor shall that officer’s date of rank be changed due to the transfer. (c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer. (d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is deter- mined in accordance with a running mate sys- tem. (e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of prece- dence occur. Page 210 TITLE 14—COAST GUARD § 3737 (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 725; amended Pub. L. 108–293, title II, § 220(a), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3736, 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 781 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 725 of this title as this section. 2004—Subsecs. (d), (e). Pub. L. 108–293 added subsecs. (d) and (e). § 3737. Running mates (a) The Secretary shall assign a running mate to each Reserve officer in an active status not on the active duty promotion list. The officer initially assigned as a running mate under this section shall be that officer on the active duty promotion list of the same grade who is next senior in precedence to the Reserve officer con- cerned. An officer who has twice failed of selec- tion or who has been considered but has not been recommended for continuation under sec- tion 2150 of this title shall not be assigned as a running mate under this section. (b) A Reserve officer in an active status not on the active duty promotion list shall be assigned a new running mate as follows: (1) If a previously assigned running mate is promoted from below the promotion zone, is removed from the active duty promotion list, suffers a loss of numbers, fails of selection, fails to qualify for promotion, or declines an appointment after being selected for pro- motion, the new running mate shall be that of- ficer on the active duty promotion list, of the same grade, who is next senior to the previous running mate and who is, or may become, eli- gible for consideration for promotion. If the previous running mate was on a list of select- ees for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is on a list of se- lectees for promotion and who is next senior to the previous running mate. (2) If a Reserve officer suffers a loss of num- bers, the new running mate shall be that offi- cer on the active duty promotion list who, after the loss of numbers has been effected, is the running mate of the Reserve officer next senior to the Reserve officer concerned. (3) If a Reserve officer is considered for pro- motion and fails of selection, fails to qualify for promotion, declines an appointment after being selected for promotion, or has his or her name removed from a list of selectees for pro- motion, and that officer’s running mate is pro- moted, the new running mate shall be that of- ficer on the active duty promotion list, of the same grade, who, at the time the previous run- ning mate was considered for promotion, was next senior to the previous running mate, was eligible for consideration for promotion, and whose name was not included on a list of se- lectees for promotion. (4) In a situation not expressly covered by this subsection, the Secretary may assign a new running mate as necessary to effect the intent of this section that inequitable changes of precedence do not occur. (c) A Reserve officer on the active duty pro- motion list shall, to the extent practicable and consistent with the limitations imposed by this section, be assigned as the running mate of all Reserve officers junior to the officer, who are in an active status not on the active duty pro- motion list, and who had a running mate in common with the officer just prior to the time the officer was placed on the active duty pro- motion list. (d) The Secretary may adjust, as necessary, the date of rank of a Reserve officer not on ac- tive duty so that the date will correspond with that of the running mate assigned to the officer in accordance with this section. If an overpay- ment of pay or allowances results from adjust- ing the date of rank, the overpayment is not subject to recoupment. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 726; renumbered § 3737 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 782 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 726 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2150’’ for ‘‘section 289’’. § 3738. Constructive credit upon initial appoint- ment Under regulations prescribed by the Secretary, an individual, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that individual’s experience, edu- cation, or other qualifications. For the purpose of this subchapter only, an individual appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. An individual holding a doctor of philos- ophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if ap- pointed for an assignment comparable to that of an officer in the Navy Medical Department. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 727; amended Pub. L. 108–293, title II, § 208, Aug. 9, 2004, 118 Stat. 1035; Pub. L. 109–241, title II, § 218(b)(1), July 11, 2006, 120 Stat. 526; renum- bered § 3738, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(53), Jan. 1, 2021, 134 Stat. 4750.)