14-U.S.C.-738
§738 – Effect of Removal By The President Or Failure of Consent of The Senate
Pathway
Title 14 > Part II > Chapter 21 > Subchapter B > Commissioned Officers – Section 738
Details
- Reference: Commissioned Officers – Section 738
- Legend: §738 – Effect of Removal By The President Or Failure of Consent of The Senate
- USCode Year: 2013
Provision Content
(a) The President may, for cause, remove the name of any officer from a list of selectees established under section 729 of this title.
(b) 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 729 of this title, that officers name shall be removed from the list.
(c) 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 officers name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officers 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.
(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1013.)
Prior Provisions
Provisions similar to those in this section were contained in section 788 of this title prior to the complete revision of this chapter by Pub. L. 96–322.
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.
U.S. Encyclopedia of Law Coverage
14-U.S.C.-726 in the Legal Encyclopedia: Coast Guard
In this entry about 14-U.S.C.-726, find legal reference material, bibliographies and premiere content related to coast guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States coast guard-specific issues, written by authorities in the field.
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