Title 14, Coast GuardRelease 119-102

§2104 Appointment of Temporary Officers

Title 14 › SUBTITLE II — PERSONNEL › CHAPTER 21 — PERSONNEL; OFFICERS › SUBCHAPTER I — APPOINTMENT AND PROMOTION › § 2104

Last updated Aug 21, 2026|Official source

Summary

The president can give temporary commissioned officer ranks in the Regular Coast Guard or the Coast Guard Reserve up to the rank of lieutenant. In the Regular Coast Guard, those chosen can be commissioned warrant officers, warrant officers, enlisted members, or people with licenses under chapter 71 of title 46. In the Reserve, they can be commissioned warrant officers of the Reserve. Ranks are given based on skills, experience, and time in service as the Coast Guard needs them. A temporary rank does not change a person’s permanent, probationary, or acting status, or hurt their promotion chances or benefits. They must not get paid less than they would have in their old grade with normal pay increases. The appointing officer can cancel the temporary rank at any time, and the person returns to their permanent status. Seniority in the temporary rank is set by the appointment date; if dates match, the Secretary decides who is ahead.

Full Legal Text

Title 14, §2104

Coast Guard, Source: USLM XML via OLRC

(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
(2)in the Coast Guard Reserve 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 of the Coast Guard Reserve.
(b)Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted “individuals” for “persons” and “An individual” for “A person”. 2018—Pub. L. 115–282 renumbered section 214 of this title as this section. 2010—Subsec. (a). Pub. L. 111–281 amended 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), redesignated subsec. (d) as (b). Subsec. (c). Pub. L. 104–324, § 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, § 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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 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 Provision

s 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 2101 of this title.

Executive Documents

Delegation of Authority Authority of President under subsec. (a) of this section to make temporary appointments not above lieutenant in the Regular Coast Guard and Coast Guard Reserve delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(e), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.

Reference

Citations & Metadata

Citation

14 U.S.C. § 2104

Title 14, Coast Guard

Last Updated

Aug 21, 2026

Release point: 119-102