§ 3735. Authorized number of officers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–322 § 1 · 94 Stat. 1002

   Enacted · 14 U.S.C. § 3735

   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 724

   Source evidence

   Code source credit
   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 724

2. 1983

   Pub. L. 97–417 § 2(12) · 96 Stat. 2085

   1. Substituted · 14 U.S.C. § 3735(b)

      Pub. L. 97–417 substituted “commodore” for “rear admiral”

   2. Substituted · 14 U.S.C. § 3735(b)

      Pub. L. 97–417 substituted “combined grades of commodore and real admiral” for “grade of rear admiral”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–417 substituted “commodore” for “rear admiral” and “combined grades of commodore and real admiral” for “grade of rear admiral”.

   Enacted provision · exact public law section
   (12) Subsection (b) of section 724 is amended— (A) by striking “rear admiral” in the first sentence and inserting in lieu thereof “commodore”; and (B) by striking “grade of rear admiral” in the last sentence and inserting in lieu thereof “combined grades of commodore and real admiral”.

3. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 25(a)(4) · 98 Stat. 2860

   1. Amended · 14 U.S.C. § 3735(b)

      Pub. L. 98–557 designated existing provisions as par. (1)

   2. Struck · 14 U.S.C. § 3735(b)

      Pub. L. 98–557 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

   3. Added · 14 U.S.C. § 3735(b)

      Pub. L. 98–557 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (4) Section 724 of such title is amended— (A) by inserting “(1)” immediately after “(b)”; (B) by striking the last sentence; and (C) by adding at the end thereof the following: “(2) The authorised number of Reserve Officers in an active status not on active duty in the grades of commodore and rear admiral 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 commodore and rear admiral as necessary in order to meet planned mobilization requirements.”.

4. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title V § 514(c)(1) · 99 Stat. 583

   Substituted · 14 U.S.C. § 3735(b)

   Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing.

   Enacted provision · exact public law section
   (1) The following sections of title 14, United States Code, are amended by striking out “commodore” each place it appears and inserting in lieu thereof “rear admiral (lower half)”: 42(b), 256(a), 259(b), 271(d), 289(a), 290(a), 421(b), 724(b), 729(e), 736(b), 740(a), 742(b), and 743.

5. 2002

   Maritime Transportation Security Act of 2002

   Pub. L. 107–295 title I § 105(b) · 116 Stat. 2064

   Added · 14 U.S.C. § 3735(c)

   Pub. L. 107–295 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–295 added subsec. (c).

   Enacted provision · exact public law section
   (b) Officers in Coast Guard Reserve.—Section 724 of title 14, United States Code, is amended by adding at the end thereof the following: “(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 limitation 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 exceed 6 months after the end of the war or termination of the national emergency.”.

6. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 § 207(1) · 120 Stat. 516

   Inserted · 14 U.S.C. § 3735(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) in subsection (a) by inserting after the first sentence the following: “Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve.”; and

7. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 § 207(2) · 120 Stat. 516

   1. Added · 14 U.S.C. § 3735(b)(1)

      Pub. L. 109–241, § 207(2), added par. (1)

   2. Struck · 14 U.S.C. § 3735(b)(1)

      Pub. L. 109–241, § 207(2), struck out former par. (1) which read as follows: “The authorized number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed in grade in the following percentages, respectively: captain, 1.5; commander, 7.0; lieutenant commander, 22.0; lieutenant, 37.0; and the combined 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 authorized, the difference may be applied to increase the authorized 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.”

   Source evidence

   Code amendment note
   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 active status below the grade of rear admiral (lower half) shall be distributed in grade in the following percentages, respectively: captain, 1.5; commander, 7.0; lieutenant commander, 22.0; lieutenant, 37.0; and the combined 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 authorized, the difference may be applied to increase the authorized 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.”

   Enacted provision · exact public law section
   (2) in subsection (b) by striking all that precedes paragraph (2) and inserting the following: “(b) (1) Computation. The Secretary shall make, at least once each year, a computation to determine the number of Reserve officers in an active status authorized to be serving in each grade. The number 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 distributed by pay grade so as not to exceed percentages of commissioned officers authorized by section 42(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 applied 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 authorized number as provided for in this subsection, or because an excess results directly from the operation of law.” .

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 118(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 3735

   Pub. L. 115–282, § 118(b), renumbered section 724 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 118(b), renumbered section 724 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 37 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 701Organization3701 702Authorized strength3702 703Coast Guard Reserve Boards3703 704Grades and ratings; military authority3704 705Benefits3705 706Temporary members of the Reserve; eligibility and compensation3706 707Temporary members of the Reserve; disability or death benefits3707 708Temporary members of the Reserve; certificate of honorable service3708 709Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade3709 709aReserve student pre-commissioning assistance program3710 710Appointment or wartime promotion; retention of grade upon release from active duty3711 711Exclusiveness of service3712 712Active duty for emergency augmentation of regular forces3713 713Enlistment of members engaged in schooling3714 720Definitions3731 721Applicability of this subchapter3732 722Suspension of this subchapter in time of war or national emergency3733 723Effect of this subchapter on retirement and retired pay3734 724Authorized number of officers3735 725Precedence3736 726Running mates3737 727Constructive credit upon initial appointment3738 728Promotion of Reserve officers on active duty3739 729Promotion; recommendations of selection boards3740 730Selection boards; appointment3741 731Establishment of promotion zones under running mate system3742 732Eligibility for promotion3743 733Recommendation for promotion of an officer previously removed from an active status3744 734Qualifications for promotion3745 735Promotion; acceptance; oath of office3746 736Date of rank upon promotion; entitlement to pay3747 737Type of promotion; temporary3748 738Effect of removal by the President or failure of consent of the Senate3749 739Failure of selection for promotion3750 740Failure of selection and removal from an active status3751 741Retention boards; removal from an active status to provide a flow of promotion3752 742Maximum ages for retention in an active status3753 743Rear admiral and rear admiral (lower half); maximum service in grade3754 744Appointment of a former Navy or Coast Guard officer3755 745Grade on entry upon active duty3756 746Recall of a retired officer; grade upon release3757

9. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 3735(b)(1)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2103(b)” for “section 42(b)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2103(b)” for “section 42(b)”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

12 of 13 references resolved to an enrolled provision · 1 partial