
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC211]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                                OFFICERS
 
                             a. appointments
 
Sec. 211. Original appointment of permanent commissioned 
        officers
        
    (a) The President may appoint, by and with the advice and consent of 
the Senate, permanent commissioned officers in the Regular Coast Guard 
in grades of ensign or above appropriate to their qualifications, 
experience, and length of service, as the needs of the Coast Guard may 
require, from among the following categories:
        (1) graduates of the Coast Guard Academy;
        (2) commissioned warrant officers, warrant officers, and 
    enlisted members of the Regular Coast Guard;
        (3) members of the Coast Guard Reserve who have served at least 
    two years as such; and
        (4) licensed officers of the United States merchant marine who 
    has served two or more years aboard a vessel of the United States in 
    the capacity of a licensed officer.

    (b) No person shall be appointed a commissioned officer under this 
section until his mental, moral, physical, and professional fitness to 
perform the duties of a commissioned officer has been established under 
such regulations as the Secretary shall prescribe.
    (c) Appointees under this section shall take precedence in the grade 
to which appointed in accordance with the dates of their commissions as 
commissioned officers in such grade. Appointees whose dates of 
commission are the same shall take precedence with each other as the 
Secretary shall determine.

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 177; 
amended Pub. L. 89-444, Sec. 1(11), June 9, 1966, 80 Stat. 196; Pub. L. 
98-557, Sec. 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)


                               Amendments

    1984--Subsec. (a)(2). Pub. L. 98-557 substituted reference to 
enlisted members for reference to enlisted men.
    1966--Subsec. (a)(4). Pub. L. 89-444 substituted ``two years'' for 
``four years''.


                            Savings Provision

    Section 5 of Pub. L. 88-130, as amended by Pub. L. 89-444, Sec. 3, 
June 9, 1966, 80 Stat. 198, provided that:
    ``(a) Officers in each grade who have been recommended as qualified 
for temporary promotion under laws and regulations in effect the day 
before the effective date of this Act [Sept. 24, 1963] but not promoted 
to the grade for which they were recommended shall be placed on a list 
of selectees in order of their precedence, and they shall be promoted as 
if they had been selected for promotion in the approved report of a 
selection board convened under this Act [enacting sections 41a, 211 to 
214, 251 to 262, 271 to 277, 281 to 294, 321 to 327, 331 to 335, of this 
title amending sections 42, 44, 46, 47, 190, 433, 759a, and 791 of this 
title, and enacting provisions set out as notes under sections 262, 285, 
and 289 of this title, and repealing sections 221 to 248, 301 to 313a, 
435 to 437, 439, and 440 of this title, and act Sept. 21, 1961, 75 Stat. 
538, set out as a note under section 435 of this title].
    ``(b) Officers who have been recommended for promotion to the grade 
of rear admiral under laws and regulations in effect the day before the 
effective date of this Act but have not been promoted to that grade 
shall be promoted as if they had been so recommended in the approved 
report of a selection board convened under this Act.
    ``(c) The enactment of this Act does not terminate the appointment 
of any officer.
    ``(d) An officer of the Regular Coast Guard who on the day before 
the effective date of this Act had been promoted to and was serving on 
active duty in a temporary grade higher than his permanent grade shall 
be considered to have been promoted to that grade under section 271 of 
title 14, United States Code.
    ``(e) An officer of the Regular Coast Guard who was appointed as a 
temporary commissioned officer under any provision of law in effect 
prior to the effective date of this Act and who is serving on active 
duty shall be considered to have been appointed under section 214 of 
title 14, United States Code, and subject to the provisions thereof. An 
officer of the Regular Coast Guard who was appointed as a permanent 
commissioned officer under any provision of law in effect prior to the 
effective date of this Act [Sept. 24, 1963], and who is serving on 
active duty shall be considered to have been appointed under section 211 
of title 14, United States Code, and subject to the provisions thereof.
    ``(f) Each officer who would have been required to retire on June 
30, 1962, under the provisions of section 288 of title 14, United States 
Code, had that section been in effect on that date, shall be retired on 
the last day of the sixth month following the month in which this Act 
becomes effective. If, under section 288 of title 14, United States 
Code, the retirement of any other officer would be required after June 
30, 1962, but less than six months following the effective date of this 
Act, his retirement shall be deferred until the last day of the twelfth 
month following the month in which this Act becomes effective, or June 
30, 1964, whichever is earlier.
    ``(g) The enactment of this Act does not increase or decrease the 
retired pay of any person retired on or prior to the effective date of 
this Act.
    ``(h) Notwithstanding section 1431 of title 10, United States Code, 
an original election, change, or revocation of an election, made under 
that section by an officer who is retired under the provisions of 
section 282, 283, 284, 285, or 288 of title 14, United States Code, is 
effective if made prior to the first day of the third month following 
the month in which this Act is enacted [September 1963].''

                  Section Referred to in Other Sections

    This section is referred to in sections 282, 283 of this title.
