dreamproit/uscode huggingface dataset:
14 U.S.C. § 2122 (COAST GUARD)
§ 2122. Removal of officer from list of selectees for promotion
(a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 272 of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
14 U.S.C. § 2123 (COAST GUARD)
§ 2123. Promotions; acceptance; oath of office
(a) An officer who receives an appointment under section 2121 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 273; amended Pub. L. 94–546, § 1(20), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 273 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
1976—Subsec. (b). Pub. L. 94–546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5.
14 U.S.C. § 2124 (COAST GUARD)
§ 2124. Promotions; pay and allowances
An officer who is promoted under section 2121 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 274; renumbered § 2124 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
Pub. L. 115–282, § 112(b), renumbered section 274 of this title as this section.
14 U.S.C. § 2126 (COAST GUARD)
§ 2126. Promotion of officers not included on active duty promotion list
Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 276; renumbered § 2126, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 276 of this title as this section.
14 U.S.C. § 2127 (COAST GUARD)
§ 2127. Recall to active duty during war or national emergency
In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 331; renumbered § 2127, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 331 of this title as this section.
heading: Delegation of Authority
text: For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
14 U.S.C. § 2128 (COAST GUARD)
§ 2128. Recall to active duty with consent of officer
(a) Any regular officer on the retired list may, with that officer’s consent, be assigned to such duties as that officer may be able to perform.
(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 332; amended Pub. L. 89–444, § 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, § 1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102–241, § 14, Dec. 19, 1991, 105 Stat. 2213; renumbered § 2128, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 332 of this title as this section.
1991—Subsec. (a). Pub. L. 102–241, § 14(b), substituted “that officer’s” for “his” and “that officer” for “he”.
Subsec. (b). Pub. L. 102–241, § 14(a), substituted “2” for “1”.
1970—Subsec. (a). Pub. L. 91–278 struck out prohibition against recall to duty in time of peace of any officer on retired list who reached age of sixty-two years.
1966—Subsec. (b). Pub. L. 89–444 provided that the percentage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired officers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
14 U.S.C. § 2129 (COAST GUARD)
§ 2129. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 197, § 373; amended Pub. L. 94–546, § 1(28), Oct. 18, 1976, 90 Stat. 2521; renumbered § 2129 and amended Pub. L. 115–282, title I, § 112(b), title III, § 313, Dec. 4, 2018, 132 Stat. 4216, 4249.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 373 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 313, inserted “designated under section 2317” after “cadet”.
1976—Subsec. (a). Pub. L. 94–546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10.
14 U.S.C. § 2141 (COAST GUARD)
§ 2141. Revocation of commissions during first five years of commissioned service
The Secretary, under such regulations as he may prescribe, may revoke the commission of any regular officer on active duty who, at the date of such revocation, has had less than five years of continuous service as a commissioned officer in the Regular Coast Guard.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 281; amended Pub. L. 107–295, title IV, § 416(a)(1), Nov. 25, 2002, 116 Stat. 2121; renumbered § 2141, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 281 of this title as this section.
2002—Pub. L. 107–295 substituted “five” for “three” in section catchline and text.
14 U.S.C. § 2142 (COAST GUARD)
§ 2142. Regular lieutenants (junior grade); separation for failure of selection for promotion
Each officer of the Regular Coast Guard appointed under section 2101 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 282; amended Pub. L. 94–546, § 1(21), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2142 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2101” for “section 211” in introductory provisions.
Pub. L. 115–282, § 112(b), renumbered section 282 of this title as this section.
1976—Pub. L. 94–546 substituted “promotion year” for “fiscal year” in cl. (1).
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
heading: Effectiveness of Election, Change, or Revocation of Election of Annuity
text: Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title.
14 U.S.C. § 2144 (COAST GUARD)
§ 2144. Regular Coast Guard; officers serving under temporary appointments
(a) Each officer of the Regular Coast Guard appointed under section 2104 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date.
(b) Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 284; amended Pub. L. 94–546, § 1(23), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2144 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 284 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2104” for “section 214” in introductory provisions.
1976—Subsec. (a)(1). Pub. L. 94–546 substituted “promotion year” for “fiscal year”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
heading: Effectiveness of Election, Change, or Revocation of Election of Annuity
text: Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title.
14 U.S.C. § 2148 (COAST GUARD)
§ 2148. Separation for failure of selection for promotion or continuation; time of
If, under section 2142, 2143, 2144, 2145, 2150, or 2151 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 287; amended Pub. L. 92–451, § 1(6), Oct. 2, 1972, 86 Stat. 755; renumbered § 2148 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2142, 2143, 2144, 2145, 2150, or 2151” for “section 282, 283, 284, 285, 289, or 290”.
Pub. L. 115–282, § 112(b), renumbered section 287 of this title as this section.
1972—Pub. L. 92–451 inserted reference to section 290.
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92–451, set out as a note under section 2151 of this title.
14 U.S.C. § 2152 (COAST GUARD)
§ 2152. Voluntary retirement after twenty years’ service
Any regular commissioned officer who has completed twenty years’ active service in the Coast Guard, Navy, Army, Air Force, or Marine Corps, or the Reserve components thereof, including active duty for training, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 291; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2152, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 291 of this title as this section.
1986—Pub. L. 99–348 struck out “, with retired pay of the grade with which retired” after “from active service”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
14 U.S.C. § 2153 (COAST GUARD)
§ 2153. Voluntary retirement after thirty years’ service
Any regular commissioned officer who has completed thirty years’ service may, upon his own application, in the discretion of the Secretary, be retired from active service.1
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 292; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2153, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 292 of this title as this section.
1986—Pub. L. 99–348 which directed that “, with retired pay of the grade with which retired” be struck out was executed by striking out that phrase after “from active service” as the probable intent of Congress even though there was no comma before “with retired”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130, providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
14 U.S.C. § 2154 (COAST GUARD)
§ 2154. Compulsory retirement
(a) Regular Commissioned Officers.—
Any regular commissioned officer, except a commissioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age.
(b) Flag-Officer Grades.—
(1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.
(2) The retirement of an officer under paragraph (1) may be deferred—
(A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or
(B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.
(Added Pub. L. 111–281, title II, § 215(a), Oct. 15, 2010, 124 Stat. 2916, § 293; renumbered § 2154, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 293 of this title as this section.
14 U.S.C. § 2155 (COAST GUARD)
§ 2155. Retirement for physical disability after selection for promotion; grade in which retired
An officer whose name appears on an approved list of officers selected for promotion to the next higher grade and who is retired for physical disability under the provisions of chapter 61 of title 10 prior to being promoted shall be retired in the grade to which he was selected for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 294; renumbered § 2155, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 294 of this title as this section.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.
14 U.S.C. § 2156 (COAST GUARD)
§ 2156. Deferment of retirement or separation for medical reasons
(a) Subject to subsection (b), the Secretary may defer the retirement or separation of a commissioned officer, other than a commissioned warrant officer, if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization, medical observation, or other physical disability processing that cannot be completed before the date on which the officer would otherwise be retired or separated.
(b) A deferment under subsection (a)—
(1) may only be made with the consent of the officer involved; and
(2) if the Secretary receives written notice from the officer withdrawing that consent, shall end not later than the end of the sixty-day period beginning on the date the Secretary receives that notice.
(Added Pub. L. 98–557, § 17(b)(2)(A), Oct. 30, 1984, 98 Stat. 2867, § 295; renumbered § 2156, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 295 of this title as this section.
14 U.S.C. § 2157 (COAST GUARD)
§ 2157. Flag officers
During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard.
(Added Pub. L. 113–281, title II, § 212(a), Dec. 18, 2014, 128 Stat. 3029, § 296; renumbered § 2157, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 296 of this title as this section.
14 U.S.C. § 2158 (COAST GUARD)
§ 2158. Review of records of officers
The Secretary may at any time convene a board of officers to review the record of any officer of the Regular Coast Guard to determine whether he shall be required to show cause for his retention on active duty—
(1) because his performance of duty has fallen below the standards prescribed by the Secretary, or
(2) because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 321; renumbered § 2158, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 321 of this title as this section.
14 U.S.C. § 2159 (COAST GUARD)
§ 2159. Boards of inquiry
(a) Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 2158 of this title should be retained on active duty.
(b) A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
(c) If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall send the record of its proceedings to a board of review.
(d) If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 2158 of this title, and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 322; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302; renumbered § 2159 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 322 of this title as this section.
Subsecs. (a), (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”.
1982—Subsec. (d). Pub. L. 97–295 inserted “of this title” after “section 321”.
14 U.S.C. § 2160 (COAST GUARD)
§ 2160. Boards of review
(a) Boards of review shall be convened at such times as the Secretary may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal.
(b) If, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained, it shall send its recommendation to the Secretary for his action.
(c) If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on active duty, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 2158 of this title and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 323; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302; renumbered § 2160 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 323 of this title as this section.
Subsec. (c). Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”.
1982—Subsec. (c). Pub. L. 97–295 inserted “of this title” after “section 321”.