dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 294 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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”.
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editoral Notes
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: Editoral Notes
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: Editoral Notes
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.