dreamproit/uscode huggingface dataset:
14 U.S.C. § 2161 (COAST GUARD)
§ 2161. Composition of boards
(a) A board convened under section 2158, 2159, or 2160 of this title shall consist of at least three officers of the grade of commander or above, all of whom are serving in a grade senior to the grade of any officer considered by the board.
(b) No person may be a member of more than one board convened under section 2158, 2159, or 2160 of this title to consider the same officer.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 324; renumbered § 2161 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 2158, 2159, or 2160” for “section 321, 322, or 323” in subsecs. (a) and (b).
Pub. L. 115–282, § 112(b), renumbered section 324 of this title as this section.
14 U.S.C. § 2162 (COAST GUARD)
§ 2162. Rights and procedures
Each officer under consideration for removal under section 2159 of this title shall be—
(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;
(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;
(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and
(4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 325; renumbered § 2162 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 2159” for “section 322” in introductory provisions.
Pub. L. 115–282, § 112(b), renumbered section 325 of this title as this section.
14 U.S.C. § 2163 (COAST GUARD)
§ 2163. Removal of officer from active duty; action by Secretary
The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 2160 of this title. The Secretary’s action in such as case is final and conclusive.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 326; renumbered § 2163 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 2160” for “section 323”.
Pub. L. 115–282, § 112(b), renumbered section 326 of this title as this section.
14 U.S.C. § 2165 (COAST GUARD)
§ 2165. Relief of retired officer promoted while on active duty
Any regular officer on the retired list recalled to active duty who during such active duty is advanced to a higher grade under an appointment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the retired list to the highest grade held while on such active duty.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 333; renumbered § 2165, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 333 of this title as this section.
14 U.S.C. § 2181 (COAST GUARD)
§ 2181. Physical fitness of officers
The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 190, § 335; renumbered § 2181, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 335 of this title as this section.
14 U.S.C. § 2182 (COAST GUARD)
§ 2182. Multirater assessment of certain personnel
(a) Multirater Assessment of Certain Personnel.—
(1) In general.—
Commencing not later than one year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Commandant shall develop and implement a plan to conduct every two years a multirater assessment for each of the following:
(A) Each flag officer of the Coast Guard.
(B) Each member of the Senior Executive Service of the Coast Guard.
(C) Each officer of the Coast Guard nominated for promotion to the grade of flag officer.
(2) Post-assessment elements.—
Following an assessment of an individual pursuant to paragraph (1), the individual shall be provided appropriate post-assessment counseling and leadership coaching.
(b) Multirater Assessment Defined.—
In this section, the term “multirater assessment” means a review that seeks opinion from members senior to the reviewee and the peers and subordinates of the reviewee.
(Added Pub. L. 114–120, title II, § 214(a)(1), Feb. 8, 2016, 130 Stat. 43, § 429; amended Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, § 3531(c)(12), Aug. 13, 2018, 132 Stat. 2320; renumbered § 2182, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
heading: References in Text
text: The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 114–120, which was approved Feb. 8, 2016.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 429 of this title as this section.
Subsec. (a)(1). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
2016—Subsec. (a)(1). Pub. L. 114–328 substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 315 of this title.
14 U.S.C. § 2301 (COAST GUARD)
§ 2301. Recruiting campaigns
The Secretary shall initiate and carry forward an intensified voluntary enlistment campaign to obtain the required personnel strengths.
(Added Aug. 10, 1956, ch. 1041, § 7(a), 70A Stat. 620, § 350; renumbered § 2301, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
350
34:187 (as made applicable to Coast Guard by 34:189).
34:189 (as applicable to 34:187).
50 App.:470 (last sentence).
Oct. 6, 1945, ch. 393, §§ 2 (as made applicable to Coast Guard by § 13), 13 (as applicable to § 2), 59 Stat. 538, 542.
June 24, 1948, ch. 625, § 20 (last sentence), 62 Stat. 627; Sept. 27, 1950, ch. 1059, § 1(14), 64 Stat. 1074.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 350 of this title as this section.
14 U.S.C. § 2303 (COAST GUARD)
§ 2303. Promotion
Enlisted members shall be advanced in rating by the Commandant under regulations prescribed by the Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 520, § 352; Pub. L. 98–557, § 15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2303, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Derived from title 14, U.S.C., 1946 ed., § 23 (Apr. 16, 1908, ch. 145, § 8, 35 Stat. 62).
Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U.S.C., 1946 ed., § 23, have been left to administrative control heretofore, and this has proved most satisfactory, the entire promotion of enlisted men is delegated to administrative control by this section. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 352 of this title as this section.
1984—Pub. L. 98–557 substituted “Enlisted members” for “Enlisted men”.
14 U.S.C. § 2304 (COAST GUARD)
§ 2304. Compulsory retirement at age of sixty-two
Any enlisted member who has reached the age of sixty-two shall be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 520, § 353; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2304, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 173 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100).
Section 173 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 230 of this title. That part dealing with warrant officers is placed in section 303 of this title.
The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 353 of this title as this section.
1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 2305 (COAST GUARD)
§ 2305. Voluntary retirement after thirty years’ service
Any enlisted member who has completed thirty years’ service may, upon his own application, in the discretion of the Commandant, be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 521, § 354; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2305, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 175 (Jan. 28, 1915, ch. 20, § 3, 38 Stat. 801).
Said section has been divided. That part dealing with retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned officers is placed in section 231 of this title. That part dealing with retirement of warrant officers is placed in section 304 of this title. That part providing for retired pay is incorporated in section 423 of this title. That part providing for assignment of duties to retired personnel is incorporated in sections 241, 311, and 360 of this title.
The authority to approve was granted to the Commandant in lieu of the Secretary. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 354 of this title as this section.
1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 2306 (COAST GUARD)
§ 2306. Voluntary retirement after twenty years’ service
Any enlisted member who has completed twenty years’ service may, upon his own application, in the discretion of the Commandant, be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 521, § 355; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2306, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 185a (May 24, 1939, ch. 146, § 2, 53 Stat. 755).
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 355 of this title as this section.
1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 2308 (COAST GUARD)
§ 2308. Recall to active duty during war or national emergency
In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty.
(Aug. 4, 1949, ch. 393, 63 Stat. 522, § 359; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2308, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 185c (May 24, 1939, ch. 146, § 4, 53 Stat. 755).
This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§ 240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 359 of this title as this section.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1950—Act Aug. 3, 1950, struck out all references to pay.
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, as amended, 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. § 2309 (COAST GUARD)
§ 2309. Recall to active duty with consent of member
Any enlisted member on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted member on the retired list who has reached the age of sixty-two years shall be recalled in time of peace.
(Aug. 4, 1949, ch. 393, 63 Stat. 522, § 360; Aug. 3, 1950, ch. 536, § 19, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), (4)(B)(i), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2309, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 185c (May 24, 1939, ch. 146, § 4, 53 Stat. 755).
This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§ 241 and 311 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 360 of this title as this section.
1984—Pub. L. 98–557 substituted “member” for “man” in section catchline, and in text substituted reference to enlisted member for reference to enlisted man in two places.
1950—Act Aug. 3, 1950, struck out all references to pay.
14 U.S.C. § 2310 (COAST GUARD)
§ 2310. Relief of retired enlisted member promoted while on active duty
Any enlisted member on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the member served satisfactorily on active duty.
(Aug. 4, 1949, ch. 393, 63 Stat. 522, § 361; Aug. 3, 1950, ch. 536, § 20, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), (G), (4)(C)(i), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2310, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Derived from title 34, U.S.C., 1946 ed., §§ 3501(a) and (b), 350j(b) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).
Said sections have application to officers only, but in accord with the general plan to make as many provisions as possible applicable both to officers and men, it seems highly desirable to provide similarly for enlisted men—a fortiori because there are cases in the Coast Guard in which enlisted men are suffering inequitably because there is no provision for advancing men on the retired list after they have been advanced in rating while serving on active duty after recall from the retired list. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 361 of this title as this section.
1984—Pub. L. 98–557 in section catchline substituted “enlisted member” for “man”, and in two places in text substituted “member” for “man”.
1950—Act Aug. 3, 1950, struck out all references to pay.
14 U.S.C. § 2311 (COAST GUARD)
§ 2311. Retirement in cases where higher grade or rating has been held
Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating.
(Aug. 4, 1949, ch. 393, 63 Stat. 522, § 362; Aug. 3, 1950, ch. 536, § 21, 64 Stat. 407; Pub. L. 97–295, § 2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2311 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)
heading: Historical and Revision Notes
text: Based on title 34, U.S.C., 1946 ed., § 3501(e) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).
The requirement that the higher grade or rating be held prior to June 30, 1946, has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the act of June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., § 350j(b)). 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”.
Pub. L. 115–282, § 113(b), renumbered section 362 of this title as this section.
1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “permanent grade or rating”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1982—Pub. L. 97–295 substituted “of this title” for “of this chapter” after “357”.
1950—Act Aug. 3, 1950, struck out reference to section 356.
14 U.S.C. § 2312 (COAST GUARD)
§ 2312. Extension of enlistments
Under regulations prescribed by the Secretary, the term of enlistment of any enlisted member may, by voluntary written agreement, be extended and re-extended for a period not exceeding six full years from the date of expiration of the then-existing term of enlistment, and subsequent to such date an enlisted member who so extends his term of enlistment shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon expiration of his term of enlistment. However, the total of all such extensions of an enlistment may not exceed six years. No such extension shall operate to deprive the enlisted member concerned, upon discharge at the termination thereof, of any right, privilege, or benefit to which he would have been entitled if his term of enlistment had not been so extended.
(Aug. 4, 1949, ch. 393, 63 Stat. 523, § 365; Pub. L. 86–474, § 1(18), May 14, 1960, 74 Stat. 146; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2312, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 35 (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586).
Said section has been divided. Subsection (b) is placed in this section. The provisions of the first sentence of subsection (a) are placed in section 351 of this title. The proviso of subsection (a) is covered in section 367(b) of this title. Subsections (c) and (d) are placed in section 367(a) of this title, except that part (3) of subsection (c) is covered in section 366 of this title.
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 365 of this title as this section.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in three places.
1960—Pub. L. 86–474 increased maximum term for extension of a reenlistment period from four to six years.
14 U.S.C. § 2313 (COAST GUARD)
§ 2313. Retention beyond term of enlistment in case of disability
Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 2314 of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 523, § 366; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2313 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797).
The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated.
Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard.
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”.
Pub. L. 115–282, § 113(b), renumbered section 366 of this title as this section.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.