
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: 14USC214]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                                OFFICERS
 
                             a. appointments
 
Sec. 214. Appointment of temporary officers

    (a) 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.
    (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.
    (c) An appointment under this section, or a subsequent promotion 
appointment of a temporary officer, may be vacated by the appointing 
officer at any time. Each officer whose appointment is so vacated shall 
revert to his permanent status.
    (d) Appointees under this section shall take precedence in the grade 
to which appointed in accordance with the dates of their appointments as 
officers in such grade. Appointees whose dates of appointment 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. 178; 
amended Pub. L. 89-444, Sec. 1(12)-(14), June 9, 1966, 80 Stat. 196; 
Pub. L. 93-283, Sec. 1(5), May 14, 1974, 88 Stat. 140; Pub. L. 96-376, 
Sec. 6, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98-557, Sec. 15(a)(3)(B), 
Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103-337, div. A, title V, 
Sec. 541(f)(6), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 104-324, title II, 
Sec. 211(a), Oct. 19, 1996, 110 Stat. 3915.)


                               Amendments

    1996--Pub. L. 104-324, Sec. 211(a)(1), substituted ``Appointment'' 
for ``Original appointment'' in section catchline.
    Subsec. (b). Pub. L. 104-324, Sec. 211(a)(2), redesignated subsec. 
(d) as (b).
    Subsec. (c). Pub. L. 104-324, Sec. 211(a)(2), (3), redesignated 
subsec. (e) as (c) and inserted ``, or a subsequent promotion 
appointment of a temporary officer,'' after ``section''.
    Subsecs. (d) to (f). Pub. L. 104-324, Sec. 211(a)(2), redesignated 
subsecs. (d) to (f) as (b) to (d), respectively.
    1994--Subsecs. (b), (c). Pub. L. 103-337 struck 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. 98-557 substituted reference to 
enlisted members for reference to enlisted men wherever appearing.
    1980--Subsec. (d). Pub. L. 96-376 substituted 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. 93-283 prohibited 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, Sec. 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, Sec. 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, Sec. 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. 103-337 effective on the first day of the 
fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 
103-337, set out as a note under section 571 of Title 10, Armed Forces.


                    Effective Date of 1974 Amendment

    Section 2 of Pub. L. 93-283 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) of Pub. L. 88-130 considering 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 284, 710 of this title.
