§3735 — Title 14 Coast Guard | U.S. Code

Summary

Limits the number of Reserve officers in an active status to 5,000. Reserve officers who are on an active-duty list are not counted toward that total. The Secretary must, at least once a year, work out how many of those officers may serve in each grade by using the right percentages and by following the limits in section 2103(b). If one grade has fewer officers than allowed, the unused slots can move to the next lower grade. No officer can be lowered in rank only because the allowed number was cut or because an excess happened by operation of law. Only two Reserve officers who are in an active status but not on active duty may hold the grades of rear admiral (lower half) and rear admiral combined, though the Secretary may add more for planned mobilization needs. If a declaration of war or national emergency is in effect at the end of a fiscal year, the President may delay the effect of end-strength limits for that year for up to 6 months after the war or emergency ends.

Title 14, §3735

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(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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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 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.” 2002—Subsec. (c). Pub. L. 107–295 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing. 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 “commodore” for “rear admiral” and “combined grades of commodore and real admiral” for “grade of rear admiral”.

§3735 Authorized Number of Officers