14 USC § 214 - Appointment of temporary officers
(a)
The president may appoint temporary commissioned officers—
(1)
in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter
71 of title
46; and
(b)
Temporary appointments under this section do not change the permanent, probationary, or acting status of persons so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
(a)
The president may appoint temporary commissioned officers—
(1)
in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter
71 of title
46; and
(b)
Temporary appointments under this section do not change the permanent, probationary, or acting status of persons so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
Source
(Added Pub. L. 88–130, § 1(10)(C),Sept. 24, 1963, 77 Stat. 178; amended Pub. L. 89–444, § 1(12)–(14), June 9, 1966, 80 Stat. 196; Pub. L. 93–283, § 1(5),May 14, 1974, 88 Stat. 140; Pub. L. 96–376, § 6,Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98–557, § 15(a)(3)(B),Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103–337, div. A, title V, § 541(f)(6),Oct. 5, 1994, 108 Stat. 2767; Pub. L. 104–324, title II, § 211(a),Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, § 211,Oct. 15, 2010, 124 Stat. 2914.)
Amendments
2010—Subsec. (a). Pub. L. 111–281amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The President may appoint temporary commissioned officers in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.”
1996—Pub. L. 104–324, § 211(a)(1), substituted “Appointment” for “Original appointment” in section catchline.
Subsec. (b). Pub. L. 104–324, § 211(a)(2), redesignatedsubsec. (d) as (b).
Subsec. (c). Pub. L. 104–324, § 211(a)(2), (3), redesignatedsubsec. (e) as (c) and inserted “, or a subsequent promotion appointment of a temporary officer,” after “section”.
Subsecs. (d) to (f). Pub. L. 104–324, § 211(a)(2), redesignatedsubsecs. (d) to (f) as (b) to (d), respectively.
1994—Subsecs. (b), (c). Pub. L. 103–337struck out subsecs. (b) and (c) which read as follows:
“(b) The President may appoint temporary commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the warrant officers and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.
“(c) The Secretary may appoint temporary warrant officers (W–1) in the Regular Coast Guard, as the needs of the Coast Guard require, from among the enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.”
1984—Subsecs. (a) to (c). Pub. L. 98–557substituted reference to enlisted members for reference to enlisted men wherever appearing.
1980—Subsec. (d). Pub. L. 96–376substituted prohibition against any reduction in rate of pay and allowances of temporary officer appointee to which appointee would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade for prior prohibition against reduction in pay and allowances to which appointee was entitled because of his permanent status at the time of his temporary appointment, or any reduction in pay and allowances to which appointee was entitled under a prior temporary appointment in a lower grade.
1974—Subsec. (d). Pub. L. 93–283prohibited any reduction in the pay and allowances to which a temporary officer was entitled under a prior temporary appointment in a lower grade.
1966—Subsec. (a). Pub. L. 89–444, § 1(12), added licensed officers of the United States merchant marine to the group from which the President may appoint temporary commissioned officers for the Regular Coast Guard not above lieutenant.
Subsec. (b). Pub. L. 89–444, § 1(13), added licensed officers of the United States merchant marine to the group from which the President may appoint temporary commissioned warrant officers for the Regular Coast Guard.
Subsec. (c). Pub. L. 89–444, § 1(14), added licensed officers of the United States merchant marine to the group from which the Secretary may appoint temporary warrant officers (W–1) in the Regular Coast Guard.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) ofPub. L. 103–337, set out as a note under section
571 of Title
10, Armed Forces.
Effective Date of 1974 Amendment
Pub. L. 93–283, § 2,May 14, 1974, 88 Stat. 141, provided that: “Paragraphs (5) and (8) of section 1 of this Act [amending this section and section
288 of this title] are effective as of the original date of enactment [Sept. 24, 1963] of the sections thereby amended.”
Temporary Appointments Prior to September 24, 1963
Savings provisions in section 5(e) ofPub. L. 88–130considering officers appointed with temporary commissions prior to Sept. 24, 1963, as appointed under this section, are set out as a note under section
211 of this title.
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