14 U.S.C. § 2128 — Recall to active duty with consent of offi-

Page 138 TITLE 14—COAST GUARD § 2126 Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 275 of this title as this section. Subsec. (i). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2121’’ for ‘‘section 271’’. 2006—Subsec. (f). Pub. L. 109–241 substituted ‘‘Original appointments under this section in the grades of lieu- tenant 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.’’ for ‘‘An appointment under this section to a grade above captain shall be made by the President by and with the advice and consent of the Senate. An appointment under this section to grade above lieutenant commander of an officer in the Coast Guard Reserve shall be made by the President, by and with the advice and consent of the Senate.’’ 1983—Subsec. (d). Pub. L. 97–417 repealed subsec. (d) which had established the grade of commodore in the Coast Guard for the purposes of this section. 1971—Subsec. (f). Pub. L. 92–129 inserted provision covering appointments of officers in the Coast Guard Reserve to grades above lieutenant commander. Executive Documents DELEGATION OF AUTHORITY Authority of President under this section, during a time of war or national emergency, to suspend the op- eration of any law relating to the selection, promotion, or involuntary separation of officers of the Coast Guard, and to temporarily promote officers serving on active duty and chief warrant officers serving on active duty, delegated to Secretary of Homeland Security without the approval, ratification, or other action by the President by Ex. Ord. No. 14106, § 2(a), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. Authority of President under subsec. (a) of this sec- tion, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, delegated to Secretary of Home- land Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces. § 2126. Promotion of officers not included on ac- tive duty promotion list Officers who are not included on the active duty promotion list may be promoted under reg- ulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, re- cruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the cor- responding grade on the active duty promotion list. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 276; renumbered § 2126, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 276 of this title as this section. § 2127. Recall to active duty during war or na- tional emergency In time of war or national emergency, the Sec- retary may order any regular officer on the re- tired list to active duty. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 331; renumbered § 2127, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 331 of this title as this section. Executive Documents DELEGATION OF AUTHORITY For delegation of authority under this section, as in- voked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces. § 2128. Recall to active duty with consent of offi- cer (a) Any regular officer on the retired list may, with that officer’s consent, be assigned to such duties as that officer may be able to perform. (b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 per- cent of the authorized number of officers on ac- tive duty in each such grade. However, this limi- tation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 332; amended Pub. L. 89–444, § 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, § 1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102–241, § 14, Dec. 19, 1991, 105 Stat. 2213; renumbered § 2128, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 332 of this title as this section. 1991—Subsec. (a). Pub. L. 102–241, § 14(b), substituted ‘‘that officer’s’’ for ‘‘his’’ and ‘‘that officer’’ for ‘‘he’’. Subsec. (b). Pub. L. 102–241, § 14(a), substituted ‘‘2’’ for ‘‘1’’. 1970—Subsec. (a). Pub. L. 91–278 struck out prohibi- tion against recall to duty in time of peace of any offi- cer on retired list who reached age of sixty-two years. 1966—Subsec. (b). Pub. L. 89–444 provided that the per- centage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired offi- cers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year. § 2129. Aviation cadets; appointment as Reserve officers (a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator. (b) Aviation cadets who complete their train- ing at approximately the same time are consid- ered for all purposes to have begun their com-