14 U.S.C. § 3733 — Suspension of this subchapter in time of

Page 208 TITLE 14—COAST GUARD § 3731 1 So in original. Probably should be ‘‘section 3757(b)’’. XVI, § 1677(b)(4), Oct. 5, 1994, 108 Stat. 3020; re- numbered § 3714, 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 765 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 713 of this title as this section. 1994—Pub. L. 103–337 substituted ‘‘section 12103(d) of title 10’’ for ‘‘section 511(d) of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. SUBCHAPTER II—PERSONNEL Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 118(c)(2), Dec. 4, 2018, 132 Stat. 4236, inserted subchapter II designation and head- ing. § 3731. Definitions As used in this subchapter— (1) ‘‘Reserve officer’’ means a commissioned officer in the Reserve, except an officer ex- cluded by section 3732 of this title or a com- missioned warrant officer; and (2) ‘‘discharged’’ means released from an ap- pointment as a Reserve officer. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 720; renumbered § 3731 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 770 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 720 of this title as this section. Par. (1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sec- tion 3732’’ for ‘‘section 721’’. § 3732. Applicability of this subchapter This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 721; renumbered § 3732, 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 771 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 721 of this title as this section. § 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 op- eration 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 offi- cers. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 722; renumbered § 3733, 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 778 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 722 of this title as this section. Executive Documents DELEGATION OF AUTHORITY Authority of President under this section to suspend the operation of this subchapter concerning officers of the Coast Guard Reserve without the approval, ratifica- tion, or other action by the President during a time of war or national emergency delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 2(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, 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. § 3734. Effect of this subchapter on retirement and retired pay Except as provided in subsection 3757(b) 1 of this title, nothing in this subchapter authorizes the retirement of a Reserve officer or the pay- ment of retired, retainer, or severance pay to a Reserve officer; or affects in any manner the law relating to the retirement of, or the granting of retired or retainer pay or other benefits to a Re- serve officer. (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 723; renumbered § 3734 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 795 of this title prior to the complete