14 U.S.C. § 2181 — Physical fitness of officers

Page 151 TITLE 14—COAST GUARD § 2181 lations promulgated by the Secretary the con- dition under which the officer is discharged does not warrant an honorable discharge. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 327; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 99–348, title II, § 205(b)(6), July 1, 1986, 100 Stat. 700; Pub. L. 105–383, title II, § 201(c), Nov. 13, 1998, 112 Stat. 3414; Pub. L. 107–295, title IV, § 416(a)(5), Nov. 25, 2002, 116 Stat. 2122; renumbered § 2164 and amend- ed Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 112(b), renumbered section 327 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2159 or 2160’’ for ‘‘section 322 or 323’’ in intro- ductory provisions. Subsec. (a)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2146(c)’’ for ‘‘section 286(c)’’. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2163’’ for ‘‘section 326’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2146(c)’’ for ‘‘section 286(c)’’. 2002—Pub. L. 107–295, § 416(a)(5)(A), substituted ‘‘sepa- ration’’ for ‘‘severance’’ in section catchline. Subsec. (a)(2). Pub. L. 107–295, § 416(a)(5)(B), added par. (2) and struck out former par. (2) which read as follows: ‘‘for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or’’. Subsec. (a)(3). Pub. L. 107–295, § 416(a)(5)(C), struck out par. (3) which read as follows: ‘‘for discharge with sev- erance benefits under subsection (b) in those cases aris- ing under clause (2) of section 321 of this title.’’ Subsec. (b)(2). Pub. L. 107–295, § 416(a)(5)(D), added par. (2) and struck out former par. (2) which read as follows: ‘‘if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month’s basic pay of that grade, in those cases arising under clause (1) of section 321 of this title; or’’. Subsec. (b)(3). Pub. L. 107–295, § 416(a)(5)(E), struck out par. (3) which read as follows: ‘‘if on that date the officer is ineligible for voluntary retirement under any law, be discharged in the grade then held with sever- ance pay computed by multiplying his years of active commissioned service, but not more than twelve, by one month’s basic pay of that grade, in those cases arising under clause (2) of section 321 of this title, un- less the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.’’ 1998—Subsec. (b)(3). Pub. L. 105–383 inserted before pe- riod at end ‘‘, unless the Secretary determines that the conditions under which the officer is discharged or sep- arated do not warrant payment of that amount of sev- erance pay’’. 1986—Subsec. (b)(1). Pub. L. 99–348 struck out ‘‘, and with the pay’’ after ‘‘in the grade’’. 1982—Pub. L. 97–295 inserted ‘‘of this title’’ after ‘‘sec- tion 322 or 323’’ and ‘‘section 321’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title. § 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 appoint- ment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the re- tired 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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 333 of this title as this section. § 2166. Continuation on active duty; Coast Guard officers with certain critical skills (a) IN GENERAL.—The Commandant may au- thorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the retirement of such officer in section 2154 of this title, if the officer possesses a critical skill, or specialty, or is in a career field designated pursuant to subsection (b). (b) CRITICAL SKILLS, SPECIALTY, OR CAREER FIELD.—The Commandant shall designate any critical skill, specialty, or career field eligible for continuation on active duty as provided in subsection (a). (c) DURATION OF CONTINUATION.—An officer continued on active duty pursuant to this sec- tion shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. (d) POLICY.—The Commandant shall carry out this section by prescribing policy which shall specify the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b). (Added Pub. L. 117–263, div. K, title CXII, § 11235(a), Dec. 23, 2022, 136 Stat. 4035.) SUBCHAPTER III—GENERAL PROVISIONS Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 112(c)(5), Dec. 4, 2018, 132 Stat. 4221, inserted subchapter III designation and heading. § 2181. Physical fitness of officers The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically deter- mined. (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.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 335 of this title as this section. Page 152 TITLE 14—COAST GUARD § 2182 § 2182. Multirater assessment of certain per- sonnel (a) MULTIRATER ASSESSMENT OF CERTAIN PER- SONNEL.— (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 nomi- nated for promotion to the grade of flag offi- cer. (2) OFFICERS.—Each officer of the Coast Guard shall undergo a multirater assessment before promotion to— (A) the grade of O–4; (B) the grade of O–5; and (C) the grade of O–6. (3) ENLISTED MEMBERS.—Each enlisted mem- ber of the Coast Guard shall undergo a multirater assessment before advancement to— (A) the grade of E–7; (B) the grade of E–8; (C) the grade of E–9; and (D) the grade of E–10. (4) SELECTION.—An individual assessed shall not be permitted to select the peers and subor- dinates who provide opinions for the multirater assessment of such individual. (5) POST-ASSESSMENT ELEMENTS.— (A) IN GENERAL.—Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post-assessment counseling and leadership coaching. (B) AVAILABILITY OF RESULTS.—The super- visor of the individual assessed shall be pro- vided with the results of the multirater as- sessment. (b) MULTIRATER ASSESSMENT DEFINED.—In this section, the term ‘‘multirater assessment’’ means a review that seeks opinion from mem- bers 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; renum- bered § 2182, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 117–263, div. K, title CXII, § 11244(a), Dec. 23, 2022, 136 Stat. 4042.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Coast Guard Au- thorization Act of 2016, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 114–120, which was ap- proved Feb. 8, 2016. AMENDMENTS 2022—Subsec. (a)(2) to (5). Pub. L. 117–263 added pars. (2) to (5) and struck out former par. (2). Prior to amend- ment, text of par. (2) read as follows: ‘‘Following an as- sessment of an individual pursuant to paragraph (1), the individual shall be provided appropriate post-as- sessment counseling and leadership coaching.’’ 2018—Pub. L. 115–282 renumbered section 429 of this title as this section. Subsec. (a)(1). Pub. L. 115–232 substituted ‘‘Com- mandant’’ for ‘‘Commandant of the Coast Guard’’ in in- troductory provisions. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted ‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast Guard Authorization Act of 2015’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT 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. CHAPTER 23—PERSONNEL; ENLISTED Sec. 2301. Recruiting campaigns. 2302. Enlistments; term, grade. 2303. Promotion. 2304. Compulsory retirement at age of sixty-two. 2305. Voluntary retirement after thirty years’ serv- ice. 2306. Voluntary retirement after twenty years’ service. 2307. Retirement of enlisted members: increase in retired pay. 2308. Recall to active duty during war or national emergency. 2309. Recall to active duty with consent of mem- ber. 2310. Relief of retired enlisted member promoted while on active duty. 2311. Retirement in cases where higher grade or rating has been held. 2312. Extension of enlistments. 2313. Retention beyond term of enlistment in case of disability. 2314. Detention beyond term of enlistment. 2315. Inclusion of certain conditions in enlistment contract. 2316. Discharge within three months before expira- tion of enlistment. 2317. Aviation cadets; procurement; transfer. 2318. Aviation cadets; benefits. 2319. Critical skill training bonus. Editorial Notes PRIOR PROVISIONS A prior analysis for chapter 23 ‘‘COAST GUARD AUX- ILIARY’’ consisted of items 821 ‘‘Administration of the Coast Guard Auxiliary’’, 822 ‘‘Purpose of the Coast Guard Auxiliary’’, 823 ‘‘Eligibility; enrollments’’, 823a ‘‘Members of the Auxiliary; status’’, 824 ‘‘Disenrollment’’, 825 ‘‘Membership in other organiza- tions’’, 826 ‘‘Use of member’s facilities’’, 827 ‘‘Vessel deemed public vessel’’, 828 ‘‘Aircraft deemed public air- craft’’, 829 ‘‘Radio station deemed government sta- tion’’, 830 ‘‘Availability of appropriations’’, 831 ‘‘As- signment and performance of duties’’, and 832 ‘‘Injury or death in line of duty’’, prior to repeal by Pub. L. 115–282, title I, § 113(a), Dec. 4, 2018, 132 Stat. 4221. AMENDMENTS 2018—Pub. L. 115–282, title I, § 113(a), Dec. 4, 2018, 132 Stat. 4221, inserted chapter 23 designation and heading and added items 2301 to 2319. § 2301. Recruiting campaigns The Secretary shall initiate and carry forward an intensified voluntary enlistment campaign to obtain the required personnel strengths.