§ 3747. Date of rank upon promotion; entitlement to pay

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. § 3747

   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 736

   Source evidence

   Code source credit
   Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1012, § 736

2. 1983

   Pub. L. 97–417 § 2(14) · 96 Stat. 2085

   Substituted · 14 U.S.C. § 3747(b)

   Pub. L. 97–417 substituted provision that, notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade, for provision that, notwithstanding any other law and when a Reserve officer’s running mate was so entitled, a Reserve officer in the grade of rear admiral was entitled to the pay and allowances of the upper half for duty performed

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–417 substituted provision that, notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade, for provision that, notwithstanding any other law and when a Reserve officer’s running mate was so entitled, a Reserve officer in the grade of rear admiral was entitled to the pay and allowances of the upper half for duty performed.

   Enacted provision · exact public law section
   (14)14 USC 736. Subsection (b) of section 736 is amended to read as follows: “(b) Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.”.

3. 1985

   Department of Defense Authorization Act, 1986

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

   Substituted · 14 U.S.C. § 3747(b)

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

   Source evidence

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

   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.

4. 1989

   Coast Guard Authorization Act of 1989

   Pub. L. 101–225 title II § 203(4) · 103 Stat. 1908

   Inserted · 14 U.S.C. § 3747(c)

   Pub. L. 101–225 inserted provision authorizing Secretary to adjust date of appointment

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–225 inserted provision authorizing Secretary to adjust date of appointment.

   Enacted provision · exact public law section
   (4) in section 736(c), by adding at the end of the following new sentence: “However, the Secretary may adjust the date of appointment— “(1) if a delay in the finding required under section 734(a) of this title is beyond the control of the officer and the officer is otherwise qualified for promotion; or “(2) for any other reason that equity requires.”; and

5. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 title IV § 411(c) · 116 Stat. 2064

   Inserted · 14 U.S.C. § 3747(a)

   Pub. L. 107–295 inserted “the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event” after “subchapter,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–295 inserted “the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event” after “subchapter,”.

   Enacted provision · exact public law section
   (c) Section 736(a) of title 14, United States Code, is amended by inserting “the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event” after “subchapter,”.

6. 2004

   Pub. L. 108–293 § 220(b) · 118 Stat. 1028

   Amended · 14 U.S.C. § 3747(b)

   Pub. L. 108–293, § 220(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of rear admiral (lower half) is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–293, § 220(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of rear admiral (lower half) is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.”

   Enacted provision · exact public law section
   (b) Promotion.— Section 736(b) of title 14, United States Code, is amend to read as follows: “(b) Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officer’s running mate is promoted.” .

7. 2004

   Pub. L. 108–293 § 220(c) · 118 Stat. 1028

   Struck · 14 U.S.C. § 3747(c)

   Pub. L. 108–293, § 220(c), struck out “of subsection (a)” after “For the purposes”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–293, § 220(c), struck out “of subsection (a)” after “For the purposes”.

   Enacted provision · exact public law section
   (c) Date of Appointment.— Section 736(c) of title 14, United States Code, is amend by striking “of subsection (a)”.

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

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

   Changed · 14 U.S.C. § 3747

   Pub. L. 115–282, § 118(b), renumbered section 736 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 118(b), renumbered section 736 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. § 3747(c)(1)

   Pub. L. 115–282, § 123(b)(2), substituted “section 3745(a)” for “section 734(a)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 3745(a)” for “section 734(a)”.

   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.

8 of 9 references resolved to an enrolled provision · 1 partial