14 U.S.C. § 3735 — Authorized number of officers

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.