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

submitted 46 years ago by Pub. L. 96-322 to r/title-14-COAST-GUARD · 406 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the authorized number of active-status Reserve officers and rules for grade distribution. It also provides an exception for mobilization needs and allows certain end-strength limits to be deferred during war or a national emergency.

(a) The authorized active-status Reserve officer number is 5,000. Reserve officers on an active-duty list are not counted. The actual active-status number may not exceed 5,000 unless the Secretary finds more are needed for planned mobilization or the excess directly results from law. (b)(1) At least yearly, the Secretary must calculate the authorized active-status number in each grade by applying the relevant percentage to the total active-status number on the calculation date. Below rear admiral (lower half), grades must be distributed without exceeding section 2103(b) percentages. If a grade is below its maximum percentage, the difference may be applied to the next lower grade. No officer may be reduced in rank or grade solely because of this reduction or a law-created excess. (2) The authorized number not on active duty in the grades of rear admiral (lower half) and rear admiral is two total, but the Secretary of the department where the Coast Guard operates may authorize more for planned mobilization. (c) If a war or national-emergency declaration remains in effect at fiscal year-end, the President may defer that year's statutory end-strength limit for a Coast Guard Reserve military or civilian component until no later than six months after the war or emergency ends.
the actual law source: uscode.house.gov ↗public domain
(a)

The authorized number of officers in the Reserve in an active status is 5,000. Reserve officers 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 officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law.

(b)
(1)

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 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 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.

(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 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 rear admiral (lower half) and rear admiral as necessary in order to meet planned mobilization 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-322 · 94 Stat. 1007
  • 1983Amended · Pub. L. 97-417 · 96 Stat. 2086
  • 1984Amended · Pub. L. 98-557 · 98 Stat. 2872
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 629
  • 2002Amended · Pub. L. 107-295 · 116 Stat. 2085
  • 2006Amended · Pub. L. 109-241 · 120 Stat. 521
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4233, 4240

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-322 on 1980-08-04.

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