§ 3749. Effect of removal by the President or failure of consent of the Senate

Statutory text

The President may, for cause, remove the name of any officer from a list of selectees established under section 3740 of this title.

If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under section 3740 of this title, that officer’s name shall be removed from the list.

An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.

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.

1980
Pub. L. 96–322 § 1 · 94 Stat. 1002
Enacted · 14 U.S.C. § 3749
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 738
Source evidence
Code source credit
Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 738
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 118(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 3749
Pub. L. 115–282, § 118(b), renumbered section 738 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282, § 118(b), renumbered section 738 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
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 3749(a); 14 U.S.C. § 3749(b)
Pub. L. 115–282, § 123(b)(2), substituted “section 3740” for “section 729”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 3740” for “section 729”.
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 788 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 738 of this title as this section.

Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 3740” for “section 729”.

Executive Documents

Delegation of Functions

For assignment of functions of President under subsec. (a) of this section, see section 2(d) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Credits

1980–2018 · 2 acts

1980Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 738
2018renumbered § 3749 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.

Show as published

(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1013, § 738; renumbered § 3749 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)