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14 U.S.C. § 3702 (COAST GUARD)
§ 3702. Authorized strength
(a) The President shall prescribe the authorized strength of the Coast Guard Reserve if not otherwise prescribed by law.
(b) Subject to the authorized strength of the Coast Guard Reserve, the Secretary shall determine, at least annually, the authorized strength in numbers in each grade necessary to provide for mobilization requirements. Without the consent of the member concerned, a member of the Reserve may not be reduced in grade because of the Secretary’s determination.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1003, § 702; renumbered § 3702, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 752a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 702 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Coast Guard Reserve Components Transition Initiatives
text: Pub. L. 103–160, title V, § 564(a), (b), Nov. 30, 1993, 107 Stat. 1669, 1670, provided that:
“(a) Applicability of Certain Benefits.—
The Secretary of Transportation shall prescribe such regulations as necessary so as to apply to the members of the Coast Guard Reserve the provisions of subtitle B of title XLIV of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 106 Stat. 2712) [enacting section 1331a [now 12731a] of Title 10, Armed Forces, amending sections 1174a, 1175, and 2133 of Title 10 and section 3012 of Title 38, Veterans’ Benefits, and enacting provisions set out as a note under section 12681 of Title 10], including the amendments made by those provisions. For purposes of the application of any of such provisions to the Coast Guard Reserve, any reference in those provisions to the Secretary of Defense or Secretary of a military department shall be treated as referring to the Secretary of Transportation.
“(b) Regulations.—
Regulations prescribed for the purposes of this section shall to the extent practicable be identical to the regulations prescribed by the Secretary of Defense under those provisions.”
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
14 U.S.C. § 3703 (COAST GUARD)
§ 3703. Coast Guard Reserve Boards
(a) The Secretary shall convene a Coast Guard Reserve Policy Board at least annually to consider, recommend, and report to the Secretary on Reserve policy matters. At least one-half of the members of the Board shall be Reserve officers.
(b) The Secretary may convene any other Reserve Board the Secretary considers necessary.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1003, § 703; renumbered § 3703, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 753a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 703 of this title as this section.
14 U.S.C. § 3704 (COAST GUARD)
§ 3704. Grades and ratings; military authority
The grades and ratings in the Reserve, including cadets but not grades above rear admiral, are those prescribed by law or regulation for the Coast Guard. A member of the Reserve on active duty or inactive-duty training has the same authority, rights, and privileges in the performance of that duty as a member of the Regular Coast Guard of corresponding grade or rating.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1003, § 704; renumbered § 3704, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 754 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 704 of this title as this section.
14 U.S.C. § 3706 (COAST GUARD)
§ 3706. Temporary members of the Reserve; eligibility and compensation
A citizen of the United States, its territories, or possessions who is a member of the Auxiliary, an officer or member of the crew of a motorboat or yacht placed at the disposal of the Coast Guard, or a person (including a Government employee without pay other than the compensation of that person’s civilian position) who by reason of special training and experience is considered by the Commandant to be qualified for duty, may be enrolled by the Commandant as a temporary member of the Reserve, for duty under conditions the Commandant may prescribe, including part-time and intermittent active duty with or without pay, without regard to age. The Commandant is authorized to define the powers and duties of temporary members of the Reserve, and to confer upon them, appropriate to their qualifications and experience, the same grades and ratings as provided for members of the Reserve. When performing active duty with pay as authorized by this section, temporary members of the Reserve are entitled to receive the pay and allowances of their rank, grade, or rating.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1004, § 706; renumbered § 3706, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 756 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 706 of this title as this section.
14 U.S.C. § 3708 (COAST GUARD)
§ 3708. Temporary members of the Reserve; certificate of honorable service
In recognition of the service of temporary members of the Reserve, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any person following disenrollment under honorable conditions from service as a temporary member. Issuance of a certificate of honorable service to any person under this section does not entitle that person to any rights, privileges, or benefits under any law of the United States.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1005, § 708; renumbered § 3708, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 763 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 708 of this title as this section.
14 U.S.C. § 3709 (COAST GUARD)
§ 3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade
(a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot.
(b) A member who is not a qualified aviator may not be designated as a student aviation pilot unless the member agrees in writing to serve on active duty for a period of two years after successful completion of flight training, unless sooner released. A student aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary.
(c) A student aviation pilot who is a qualified civilian aviator may be given a brief refresher course in flight training.
(d) A student aviation pilot undergoing flight training is entitled to have uniforms and equipment provided at Government expense.
(e) Under regulations prescribed by the Secretary, a student aviation pilot may be designated an aviation pilot upon the successful completion of flight training.
(f) In time of peace, an aviation pilot obligated under subsection (b) to serve on active duty for two years may serve for an additional period of not more than two years.
(g) An aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary.
(h) If qualified under regulations prescribed by the Secretary, an aviation pilot may be appointed as an ensign in the Reserve.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1005, § 709; renumbered § 3709, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 758a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 709 of this title as this section.
14 U.S.C. § 3711 (COAST GUARD)
§ 3711. Appointment or wartime promotion; retention of grade upon release from active duty
(a) A member of the Reserve on active duty, who is appointed or promoted under section 2104 or 2125 of this title, is entitled upon release from that duty to the highest grade satisfactorily held by reason of that appointment or promotion. The Secretary shall determine the highest grade satisfactorily held.
(b) Unless otherwise entitled to a higher grade, a member recalled to active duty shall be recalled in the grade in which released under subsection (a).
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1006, § 710; renumbered § 3711 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 759a of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 118(b), renumbered section 710 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2104 or 2125” for “section 214 or 275”.
14 U.S.C. § 3712 (COAST GUARD)
§ 3712. Exclusiveness of service
No member of the Reserve, other than a temporary member, may be a member of another military organization. A temporary member of the Reserve who is a member of another military component shall, if ordered to active duty therein, be disenrolled as a temporary member of the Reserve.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1006, § 711; amended Pub. L. 97–136, § 6(c)(1), (2), Dec. 29, 1981, 95 Stat. 1706; renumbered § 3712, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 757 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 711 of this title as this section.
1981—Pub. L. 97–136 struck out provision that a member of the Reserve, other than a temporary member, is exempt from registration and liability for military training and service under any other law, and substituted “Exclusiveness of service” for “Exemption from military training and draft; exclusiveness of service” in section catchline.
14 U.S.C. § 3714 (COAST GUARD)
§ 3714. Enlistment of members engaged in schooling
The initial period of active duty for training required by section 12103(d) of title 10, may be divided into two successive annual periods of not less than six weeks each, to permit the enlistment of a Reserve member without interrupting any full-time schooling in which the member is engaged.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 713; amended Pub. L. 103–337, div. A, title XVI, § 1677(b)(4), Oct. 5, 1994, 108 Stat. 3020; renumbered § 3714, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 765 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 713 of this title as this section.
1994—Pub. L. 103–337 substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
14 U.S.C. § 3731 (COAST GUARD)
§ 3731. Definitions
As used in this subchapter—
(1) “Reserve officer” means a commissioned officer in the Reserve, except an officer excluded by section 3732 of this title or a commissioned warrant officer; and
(2) “discharged” means released from an appointment as a Reserve officer.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 720; renumbered § 3731 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 770 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 118(b), renumbered section 720 of this title as this section.
Par. (1). Pub. L. 115–282, § 123(b)(2), substituted “section 3732” for “section 721”.
14 U.S.C. § 3732 (COAST GUARD)
§ 3732. Applicability of this subchapter
This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 721; renumbered § 3732, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 771 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 721 of this title as this section.
14 U.S.C. § 3733 (COAST GUARD)
§ 3733. Suspension of this subchapter in time of war or national emergency
In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 722; renumbered § 3733, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 778 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 722 of this title as this section.
heading: Executive Documents
heading: Delegation of Authority
text: Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
14 U.S.C. § 3734 (COAST GUARD)
§ 3734. Effect of this subchapter on retirement and retired pay
Except as provided in subsection 3757(b) 1 of this title, nothing in this subchapter authorizes the retirement of a Reserve officer or the payment of retired, retainer, or severance pay to a Reserve officer; or affects in any manner the law relating to the retirement of, or the granting of retired or retainer pay or other benefits to a Reserve officer.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 723; renumbered § 3734 and amended Pub. L. 115–282, title I, §§ 118(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4233, 4240.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 795 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “subsection 3757(b)” for “subsection 746(b)”.
Pub. L. 115–282, § 118(b), renumbered section 723 of this title as this section.
14 U.S.C. § 3736 (COAST GUARD)
§ 3736. Precedence
(a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the permanent commissioned teaching staff have the same date of rank in a grade, they take prec­edence as determined by the Secretary.
(b) Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officer’s date of rank be changed due to the transfer.
(c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer.
(d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system.
(e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 725; amended Pub. L. 108–293, title II, § 220(a), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3736, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 781 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 725 of this title as this section.
2004—Subsecs. (d), (e). Pub. L. 108–293 added subsecs. (d) and (e).
14 U.S.C. § 3738 (COAST GUARD)
§ 3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, a person, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that person’s experience, education, or other qualifications. For the purpose of this subchapter only, a person appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. A person holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 727; amended Pub. L. 108–293, title II, § 208, Aug. 9, 2004, 118 Stat. 1035; Pub. L. 109–241, title II, § 218(b)(1), July 11, 2006, 120 Stat. 526; renumbered § 3738, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 773 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 727 of this title as this section.
2006—Pub. L. 109–241 substituted “judge advocate” for “law specialist”.
2004—Pub. L. 108–293 substituted “one year” for “three years” in second sentence.
14 U.S.C. § 3739 (COAST GUARD)
§ 3739. Promotion of Reserve officers on active duty
(a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for promotion under chapter 21 of this title. If promoted while serving on active duty the officer shall be considered as having been promoted under this subchapter and shall be an extra number in the grade to which promoted for the purpose of grade distribution as prescribed in this subchapter. Upon release from active duty the officer shall be included in the grade distribution authorized by this subchapter.
(b) Notwithstanding subsection (a) of this section, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for active duty, shall be promoted to that grade under chapter 21 of this title.
(c) A Reserve officer who, at the time the officer is released from active duty, has been selected for promotion to the next higher grade under chapter 21 of this title, shall be promoted to that grade as though selected under this subchapter.
(d) A failure of selection for promotion to the next higher grade occurring under this subchapter or under chapter 21 of this title shall count for all purposes.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728; renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), Dec. 4, 2018, 132 Stat. 4233, 4241.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 791 of this title prior to the complete revision of former chapter 21 of this chapter by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(c)(2)(B), substituted “chapter 21” for “chapter 11” wherever appearing.
Pub. L. 115–282, § 118(b), renumbered section 728 of this title as this section.