I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/13/93 at 22:16:52. Database: USCODE Search: (14:CITE) ------DocID 17068 Document 1 of 463------ -CITE- 14 USC TITLE 14 -EXPCITE- TITLE 14 -HEAD- TITLE 14 - COAST GUARD -MISC1- THIS TITLE WAS ENACTED BY ACT AUG. 4, 1949, CH. 393, SEC. 1, 63 STAT. 495 Part Sec. I. Regular Coast Guard 1 II. Coast Guard Reserve and Auxiliary 701 AMENDMENTS 1986 - Pub. L. 99-640, Sec. 10(a)(1), Nov. 10, 1986, 100 Stat. 3548, substituted '701' for '751' in item for part II. Table Showing Disposition of All Sections of Former Title 14 --------------------------------------------------------------------- Title 14 Former Sections Title 14 New Sections --------------------------------------------------------------------- 1 1, 3, 4(a), (b) 2 467 2a Elim. 3 3, 571 3a 481, 465, 488, 576 4 Rep. 5 41 5a-6 Rep. 6a 42 6b 47, 222, 462 6c 225 6d 224(c) 6e, 6f 433(a), (b) 7 4(c) 8 Rep. 9 41, 43 10 Rep. 10a 224(c), 226 10b-10f Rep. 10g 432(a) 10h 432(b) 10i Rep. 11 44, 45 11a 47, 48 12 47, 48 12a Rep. 13 485(b) 14 Rep. 15 182, 183 15a 184 15a-1 182, 185 15b 187, 188 15c 187, 189 15d 186 15e 191 15f 190 15g 193 15h 194 15i 192 15j Rep. 15k 476 16 223 16a, 16b Rep. 16c 223 17 223 18 223, 224 19, 19a, 20 Rep. 20a 228, 461 20a-1 228 20a-2 301 20b Rep. 20c 228 21 41, 225 21a 228, 301 21b 433(c) 22 632 23 352 24 Rep. 25 182 26 636 27 636 28 92(b), 144(a), 145(a) 29 88, 92(c), 93(b) 30 485(a) 31 144(b), 145(b) 31a 144(c) 31b 93(k) 31c 151 32, 33 (See former 131, 132) 34 632 34-1 T. 34 Sec. 450b-1 34a Rep. 35 351, 365, 367 35a 351, 367 35b 366 35c 367 35d 433(d) 36 651 37 651 38 Rep. 39 484 40, 40a Rep. 41 505 41a 504 42 145(a) 43 (See former 127) 43a 641(a) 44 Rep. 45 89(a) 46 89(b) 47 89(c) 48 634(a) 48a 91 49 148 50 432(c) 50a Rep. in part, elim. in part 50b 640 50c 643 50d T. 37 Sec. 31a. 50e 433(e). 50f-50j T. 5 Sec. 150p-150t 50k 90(a) 50l 90(b) 50m 81 50n 82 50o 81 51 89, 92(i) 52 89, 93(a) 53 88, 93(a) 54 93(c) 55 88, 93, (d) 56 Rep. 57 145(a) 58 632 59 Rep. 60 88 61 88(a) 62 88 63 88 64 638 65 Rep. 66 89 67 89 68 637 69 92(d), 93(h) 70 Rep. 71 646 72-74 Rep. 91 93(d), 632 92 633 93 92(c), 93(b) 94 92(c), 93(h) 95 92(a), 93(b) 96 92(f) 97 93(b), (c) 98 Rep. 98a 92(c), 93(b) 99 632 100-102 Rep. 103 632 104 88(a), 89(b) 105-107 Rep. 108 93(h), (i) 109 92(d), 93(h), (i) 110 93(m) 111 93(e) 112 93(b), (c) 121 461 121a-121c Rep. 121d 433(h) 122-127 Rep. 127a Elim. 128 Rep. 129 464 130, 130a Elim. 131 92(i) 132 479 132a, 133 Rep. 133a 475 134 478(b) 135 478 136 Rep. 136a 466 137 Rep. 138 472 141 562 142 561 143 563, 564, 566, 567 144 569(a) 145 569(b) 146 570 147 575, 644 148 482 161 46 161a 49 162 49 162a 230, 232, 243, 303, 313, 423 162b T. 34 Sec. 428 163 Rep. 164, 165 240, 310 165a 241, 311 165b 240, 241, 310, 311 166 Rep. 167 423 167a T. 37 Sec. 26a 167b Rep. 167b-1 Elim. 167b-2 483 167b-3 Elim. 167c T. 34 Sec. 399c-1 168 246, 315, 364 169 233, 241, 306, 311, 356 170 425, 635 171 234 172 233, 245, 306, 314, 356, 363 173 230, 303, 353 174 421(b) 174a 239, 309 175 231, 304, 354, 424 175a 238, 244 175b 235 175c 423 175d-175f Rep. 176, 177 Rep. 178 431(a) 178a 431(b) 178b 431(c) 179 Rep. 180 432(d) 181 432(e) 182 433(f) 183 433(g) 185 357(a) 185a 355 185b 358 185c 359, 360 185d 357(a), (c), 423 185e 633 186 755(e) 191 Rep. 192 93(m) 193-196 500 201 226 202 Rep. 203 226(a) 204 226(a), 227 205 Rep. 206 302, 351 207, 208 Rep. 251-259 Rep. 260 821 261 822 262 823 263 821 264 825 265 826 266 827 266a 828 266b 829 267 830 268 831 269 Rep. 270 832 271 893 301 751 302 752 303 754 304 751 305 753, 754 306 755 307 756 308 757 309 758 310 759 311 755(c) 312 760 313 761 314, 315 Rep. 351 753, 823 352 891, 892 353 Rep. 354 894 381-388 Rep. ------------------------------- POSITIVE LAW; CITATION This title has been enacted into positive law by section 1 of act Aug. 4, 1949, ch. 393, 63 Stat. 495, which provided in part that: 'Title 14 of the United States Code, entitled 'Coast Guard', is hereby revised, codified, and enacted into law, and may be cited as '14 U.S.C., Sec. - .' ' EFFECTIVE DATE Section 19 of act Aug. 4, 1949, ch. 393, 63 Stat. 561, provided that: 'This Act shall take effect on the first day of the third month after approval by the President but shall not affect any proceedings commenced by or against any person prior to the effective date of this Act.' REPEALS Section 20 of act Aug. 4, 1949, ch. 393, 63 Stat. 561, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this act, with a proviso that 'any rights or liabilities now existing under such sections or parts thereof shall not be affected by such repeal'. LEGISLATIVE CONSTRUCTION Section 3 of act Aug. 4, 1949, ch. 393, 63 Stat. 557, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 14, Coast Guard, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catch lines used in such title.' SEPARABILITY Section 2 of act Aug. 4, 1949, ch. 393, 63 Stat. 557, provided that: 'If any part of Title 14, United States Code, as enacted by section 1 of this Act, shall be held invalid the remainder of such title shall not be affected thereby.' ORDERS, RULES, AND REGULATIONS Section 4 of act Aug. 4, 1949, ch. 393, 63 Stat. 558, provided that: 'All orders, rules, and regulations of the Coast Guard in effect under provisions of law superseded or amended by this Act shall, to the extent they would have been authorized under this Act, remain in force and effect as the regulations and orders under the provisions of this Act and shall be administered and enforced under this Act as nearly as may be until specifically repealed, amended, or revised.' REDUCTION IN GRADE, RANK, PAY, ALLOWANCES, AND BENEFITS Section 5 of act Aug. 4, 1949, ch. 393, 63 Stat. 558, provided that: 'Nothing contained in this Act shall operate to abolish or reduce the grade, rank, rating, pay, allowances, or other benefits to which any person in the Coast Guard is entitled on the effective date of this Act.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 10 sections 379, 1006, 1174, 1406. ------DocID 7608 Document 2 of 463------ -CITE- 2 USC CHAPTER 14 -EXPCITE- TITLE 2 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS -MISC1- SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Sec. 431. Definitions. 432. Organization of political committees. (a) Treasurer; vacancy; official authorizations. (b) Account of contributions; segregated funds. (c) Recordkeeping. (d) Preservation of records and copies of reports. (e) Principal and additional campaign committees; designations, status of candidate, authorized committees, etc. (f) Filing with and receipt of designations, statements, and reports by principal campaign committee. (g) Filing with and receipt of designations, statements, and reports by Clerk of House of Representatives or Secretary of Senate; forwarding to Commission; filing requirements with Commission; public inspection and preservation of designations, etc. (h) Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements. (i) Reports and records, compliance with requirements based on best efforts. 433. Registration of political committees. (a) Statements of organizations. (b) Contents of statements. (c) Change of information in statements. (d) Termination, etc., requirements and authorities. 434. Reporting requirements. (a) Receipts and disbursements by treasurers of political committees; filing requirements. (b) Contents of reports. (c) Statements by other than political committees; filing; contents; indices of expenditures. 435, 436. Repealed. 437. Reports on convention financing. 437a, 437b. Repealed. 437c. Federal Election Commission. (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman. (b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office. (c) Voting requirements; delegation of authorities. (d) Meetings. (e) Rules for conduct of activities; judicial notice of seal; principal office. (f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions. 437d. Powers of Commission. (a) Specific authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court. (c) Civil liability for disclosure of information. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation. (e) Exclusive civil remedy for enforcement. 437e. Repealed. 437f. Advisory opinions. (a) Requests by persons, candidates, or authorized committees; subject matter; time for response. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance. (d) Requests made public; submission of written comments by interested public. 437g. Enforcement. (a) Administrative and judicial practice and procedure. (b) Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports. (c) Reports by Attorney General of apparent violations. (d) Penalties; defenses; mitigation of offenses. 437h. Judicial review. 438. Administrative provisions. (a) Duties of Commission. (b) Audits and field investigations. (c) Statutory provisions applicable to forms and information-gathering activities. (d) Rules, regulations, or forms; issuance, procedures applicable, etc. (e) Scope of protection for good faith reliance upon rules or regulations. (f) Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts. 439. Statements filed with State officers; 'appropriate State' defined; duties of State officers. 439a. Use of contributed amounts for certain purposes. 439b. Repealed. 439c. Authorization of appropriations. 440, 441. Repealed. 441a. Limitations on contributions and expenditures. (a) Dollar limits on contributions. (b) Dollar limits on expenditures by candidates for office of President of United States. (c) Increases on limits based on increases in price index. (d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office. (e) Certification and publication of estimated voting age population. (f) Prohibited contributions and expenditures. (g) Attribution of multi-State expenditures to candidate's expenditure limitation in each State. (h) Senatorial candidates. 441b. Contributions or expenditures by national banks, corporations, or labor organizations. 441c. Contributions by government contractors. (a) Prohibition. (b) Separate segregated funds. (c) 'Labor organization' defined. 441d. Publication and distribution of statements and solicitations; charge for newspaper or magazine space. 441e. Contributions by foreign nationals. 441f. Contributions in name of another prohibited. 441g. Limitation on contribution of currency. 441h. Fraudulent misrepresentation of campaign authority. 441i. Acceptance of excessive honorariums. (a) Prohibited practices. (b) Payment of honorarium to charitable organization. (c) Aggregate amount received during any calendar year. (d) Time of acceptance of honorarium. 441j. Repealed. 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses. SUBCHAPTER II - GENERAL PROVISIONS 451. Extension of credit by regulated industries; regulations. 452. Prohibition against use of certain Federal funds for election activities. 453. State laws affected. 454. Partial invalidity. 455. Period of limitations. 456. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 61a-9 of this title; title 28 App. section 308. ------DocID 7778 Document 3 of 463------ -CITE- 3 USC Sec. 14 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 14. Forfeiture for messenger's neglect of duty -STATUTE- Every person who, having been appointed, pursuant to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 675.) ------DocID 8882 Document 4 of 463------ -CITE- 5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 14 -EXPCITE- TITLE 5 APPENDIX FEDERAL ADVISORY COMMITTEE ACT -HEAD- Sec. 14. Termination of advisory committees; renewal; continuation -STATUTE- (a)(1) Each advisory committee which is in existence on the effective date of this Act shall terminate not later than the expiration of the two-year period following such effective date unless - (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such two-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) Each advisory committee established after such effective date shall terminate not later than the expiration of the two-year period beginning on the date of its establishment unless - (A) in the case of an advisory committee established by the President or an officer of the Federal Government such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (b)(1) Upon the renewal of any advisory committee, such advisory committee shall file a charter in accordance with section 9(c). (2) Any advisory committee established by an Act of Congress shall file a charter in accordance with such section upon the expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee. (3) No advisory committee required under this subsection to file a charter shall take any action (other than preparation and filing of such charter) prior to the date on which such charter is filed. (c) Any advisory committee which is renewed by the President or any officer of the Federal Government may be continued only for successive two-year periods by appropriate action taken by the President or such officer prior to the date on which such advisory committee would otherwise terminate. -SOURCE- (Pub. L. 92-463, Sec. 14, Oct. 6, 1972, 86 Stat. 776.) -REFTEXT- REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a)(1), as meaning effective upon expiration of ninety days following enactment of Pub. L. 92-463 on Oct. 6, 1972, see section 15 of Pub. L. 92-463. -EXEC- EXECUTIVE ORDER NO. 11827 Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex. Ord. No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out as a note under this section. EXECUTIVE ORDER NO. 11948 Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under this section. EX. ORD. NO. 12007. TERMINATION OF CERTAIN PRESIDENTIAL ADVISORY COMMITTEES Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate certain advisory committees in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows: Section 1. (a) The Citizens' Advisory Council on the Status of Women is terminated. (b) Executive Order No. 11126 of November 1, 1963, as amended by Executive Order No. 11221 of May 6, 1965 (set out as a note under 42 U.S.C. 2000e), is further amended as follows: (1) Subsection (5) of Section 102 is revoked. (2) Section 103, in order to delete a reference to the Council, is amended to read as follows: 'Annually the Committee shall transmit a report to the President concerning the status of women.' (3) Part II is revoked. (4) The second sentence of Section 301, in order to delete references to the Council, is amended to read as follows: 'To the extent practical and to the extent permitted by law (1) all Executive agencies shall cooperate with the Committee and furnish it such information and assistance as may be necessary for the performance of its functions, and (2) the Secretary of Labor shall furnish staff, office space, office facilities and supplies, and other necessary assistance, facilities, and services for the Committee.' Sec. 2. (a) The Citizens' Advisory Committee on Environmental Quality is terminated. (b) Part II of Executive Order No. 11472 of May 29, 1969, as amended by paragraphs (7) and (8) of Section 4 of Executive Order No. 11514 of March 5, 1970, is revoked. Sec. 3. (a) The Advisory Council for Minority Enterprise is terminated. (b) Section 2 of Executive Order No. 11625 of October 13, 1971, is revoked. Sec. 4. (a) The Consumer Advisory Council is terminated. (b) Executive Order No. 11583 of February 24, 1971 (set out as a note under 20 U.S.C. 2982), is amended as follows: (1) The second sentence of subsection (b)(1) of Section 2 is amended by deleting '(including the Consumer Advisory Council established in section 5 of this order)'. (2) Section 5 is revoked. Sec. 5. (a) The President's Advisory Board on International Investment is terminated. (b) Executive Order No. 11962 of January 19, 1977, is revoked. Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of Executive Order No. 11948 of December 20, 1976 (formerly set out as a note under this section), which extended the above advisory committees until December 31, 1978, is superseded. Jimmy Carter. EX. ORD. NO. 12029. TERMINATION OF A PRESIDENTIAL ADVISORY COMMITTEE Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate an advisory committee in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows: Section 1. (a) The Quetico-Superior Committee is terminated. (b) Executive Order No. 11342, as amended, is revoked. Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948 of December 20, 1976 (formerly set out as a note under this section), which extended the above advisory committee until December 31, 1978, is superseded. Jimmy Carter. EXECUTIVE ORDER NO. 12110 Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided for the continuance of certain federal advisory committees, was superseded by Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as amended, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12258 Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by Ex. Ord. No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421; Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under this section. EX. ORD. NO. 12305. TERMINATION OF CERTAIN FEDERAL ADVISORY COMMITTEES Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided: By the authority vested in me as President by the Constitution of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), the following Executive Orders, establishing advisory committees, are hereby revoked and the committees terminated: (a) Executive Order No. 12059 of May 11, 1978, as amended, establishing the United States Circuit Judge Nominating Commission; (b) Executive Order No. 11992 of May 24, 1977, establishing the Committee on Selection of Federal Judicial Officers; (c) Executive Order No. 12084 of September 27, 1978, as amended by Executive Order 12097 of November 8, 1978, establishing the Judicial Nominating Commission for the District of Puerto Rico; and (d) Executive Order No. 12064 of June 5, 1978, establishing the United States Tax Court Nominating Commission. Subsections (g), (i), (j) and (k) of Section 1-101 of Executive Order No. 12258 (formerly set out as a note under this section), extending these committees, are also revoked. Ronald Reagan. EX. ORD. NO. 12379. TERMINATION OF BOARDS, COMMITTEES, AND COMMISSIONS Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, and to terminate the establishing authorities for committees that are inactive or no longer necessary, it is hereby ordered as follows: Section 1. Executive Order No. 12071, as amended (set out as a note under 29 U.S.C. 1001), establishing the President's Commission on Pension Policy, is revoked. Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to Report on Labor Disputes Affecting the Bituminous Coal Industry in the United States, is revoked. Sec. 3. Executive Order No. 12085, creating an Emergency Board to Investigate a Dispute Between the Norfolk and Western Railway Company and Certain of Its Employees, is revoked. Sec. 4. Executive Order No. 12132, creating an Emergency Board to Investigate a Dispute Between the National Railway Labor Conference and Certain of Its Employees, is revoked. Sec. 5. Executive Order No. 12095, creating an Emergency Board to Investigate a Dispute Between Wien Air Alaska, Inc., and Certain Individuals, is revoked. Sec. 6. Executive Order No. 12159, creating an Emergency Board to Investigate Disputes Between the Chicago, Rock Island, Pacific Railroad and Peoria Terminal Company and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees; and the United Transportation Union, is revoked. Sec. 7. Executive Order No. 12182, creating an Emergency Board to Investigate a Dispute Between the Long Island Rail Road and Certain of Its Employees, is revoked. Sec. 8. Executive Order No. 12207, creating an Emergency Board to Investigate a Dispute Between the Port Authority Trans-Hudson Corporation and Certain of Its Employees, is revoked. Sec. 9. Executive Order No. 12262 (set out as a note under 29 U.S.C. 1001), establishing an Interagency Employee Benefit Council, is revoked. Sec. 10. Executive Order No. 12275 (set out as a note under 20 U.S.C. 951), establishing the Design Liaison Council, is revoked. Sec. 11. Executive Order No. 11829, as amended (set out as a note under 25 U.S.C. 640d), establishing the Hopi-Navajo Land Settlement Interagency Committee, is revoked. Sec. 12. Executive Order No. 11022, as amended (set out as a note under 42 U.S.C. 3001), establishing the President's Council on Aging, is revoked. Sec. 13. Executive Order No. 12192 (set out as a note under 42 U.S.C. 2221), establishing the State Planing (Planning) Council on Radioactive Waste Management, is revoked. Sec. 14. Executive Order No. 12075, as amended (set out as a note under 42 U.S.C. 1450), establishing the Interagency Coordinating Council, is revoked. Sec. 15. Executive Order No. 11782 (set out as a note under 12 U.S.C. 2281), establishing the Federal Financing Bank Advisory Council, is revoked. Sec. 16. Executive Order No. 12089, as amended (set out as a note under 15 U.S.C. 2401), establishing the National Productivity Council, is revoked. Sec. 17. Executive Order No. 11330, as amended (set out as a note preceding 42 U.S.C. 2711), establishing the President's Council on Youth Opportunity, is revoked. Sec. 18. Executive Order No. 11256, establishing the President's Committee on Food and Fiber and establishing the National Advisory Commission on Food and Fiber, is revoked. Sec. 19. Executive Order No. 11654 (set out as a note under 15 U.S.C. 278f), continuing the Federal Fire Council, is revoked. Sec. 20. Executive Order No. 12083, as amended (set out as a note under 42 U.S.C. 7101), establishing the Energy Coordinating Committee, is revoked. Sec. 21. Executive Order No. 12285, as amended and ratified (set out as a note under 50 U.S.C. 1701), establishing the President's Commission on Hostage Compensation, is revoked. Sec. 22. Executive Order No. 12202, as amended (set out as a note under 42 U.S.C. 5848), establishing the Nuclear Safety Oversight Committee, is revoked. Sec. 23. Executive Order No. 12194 (set out as a note under 42 U.S.C. 1321), establishing the Radiation Policy Council, is revoked. Sec. 24. The Veterans' Federal Coordinating Committee (Weekly Compilation of Presidential Documents, volume 14, number 41, page 1743) is terminated. Sec. 25. The President's Council on Energy Efficiency (Weekly Compilation of Presidential Documents, volume 16, numbers 18 and 30, pages 790 and 1404) is terminated. Ronald Reagan. EXECUTIVE ORDER NO. 12399 Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12489 Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12534 Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under this section. EXECUTIVE ORDER NO. 12610 Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, set out below. EX. ORD. NO. 12692. CONTINUANCE OF CERTAIN FEDERAL ADVISORY COMMITTEES Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 1991: (a) Committee for the Preservation of the White House; Executive Order No. 11145, as amended (Department of the Interior) (3 U.S.C. 110 note). (b) Federal Advisory Council on Occupational Safety and Health; Executive Order No. 12196, as amended (Department of Labor) (5 U.S.C. 7902 note). (c) President's Commission on White House Fellowships; Executive Order No. 11183, as amended (Office of Personnel Management). (d) President's Committee on the Arts and the Humanities; Executive Order No. 12367, as amended (National Endowment for the Arts). (e) President's Committee on the International Labor Organization; Executive Order No. 12216 (Department of Labor) (22 U.S.C. 271 note). (f) President's Committee on Mental Retardation; Executive Order No. 11776 (Department of Health and Human Services) (42 U.S.C. note prec. 6000). (g) President's Committee on the National Medal of Science; Executive Order No. 11287, as amended (National Science Foundation) (42 U.S.C. 1881 note). (h) President's Council on Physical Fitness and Sports; Executive Order No. 12345, as amended (Department of Health and Human Services) (42 U.S.C. 300u-5 note). (i) President's Export Council; Executive Order No. 12131, as amended (Department of Commerce) (50 App. U.S.C. 2401 note). (j) President's National Security Telecommunications Advisory Committee; Executive Order No. 12382, as amended (Department of Defense). Sec. 2. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App.) that are applicable to the committees listed in Section 1 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with guidelines and procedures established by the Administrator of General Services. Sec. 3. The following Executive orders, which established committees that have terminated or whose work is completed, are revoked: (a) Executive Order No. 12462, as amended by Executive Order No. 12533, establishing the President's Advisory Committee on Mediation and Conciliation. (b) Executive Order No. 12592, establishing the President's Commission on Compensation of Career Federal Executives (5 U.S.C. 5382 note). (c) Executive Order No. 12668, establishing the President's Commission on Federal Ethics Law Reform. (d) Executive Order No. 12607, establishing the President's Commission on Privatization. (e) Executive Order No. 12296, as amended by Executive Order No. 12309, establishing the President's Economic Policy Advisory Board (15 U.S.C. 1023 note). (f) Executive Order No. 12528, as amended by Executive Order No. 12604, establishing the Presidential Board of Advisors on Private Sector Initiatives. (g) Executive Order No. 12601, as amended by Executive Order No. 12603, establishing the Presidential Commission on the Human Immunodeficiency Virus Epidemic. Sec. 4. Executive Order No. 12610 is superseded. Sec. 5. This order shall be effective September 30, 1989. George Bush. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8473 of this title; title 7 sections 5005, 5843, 5853; title 15 section 4603; title 16 sections 410nn-3, 410oo-5, 410qq-2, 430g-8, 460ww-5, 463, 1274; title 20 section 5508; title 29 section 1142; title 33 section 2251; title 42 sections 218, 254j, 292b, 299c, 299c-1, 300d-1, 300j-5, 300v-3; title 44 section 2701; title 49 App. sections 1353, 1607c. ------DocID 8967 Document 5 of 463------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 14 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 14 OF 1950 -MISC1- EFF. MAY 24, 1950, 15 F.R. 3176, 64 STAT. 1267, AS AMENDED MAY 21, 1970, PUB. L. 91-258, TITLE I, SEC. 52(B)(7), 84 STAT. 235 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). LABOR STANDARDS ENFORCEMENT In order to assure coordination of administration and consistency of enforcement of the labor standards provisions of each of the following Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch. 411), as amended (40 U.S.C. 276a to 276a-6); (b) the Act of June 13, 1934 (48 Stat. 948, ch. 482) (40 U.S.C. 276c); (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as amended (40 U.S.C. 321-323); (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as amended (40 U.S.C. 324, 325); (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as amended (12 U.S.C. 1703, 1708-1711, 1713, 1715c, 1716); (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958); (g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended (49 App. U.S.C. 1101-1119); (h) the Airport and Airway Development Act of 1970 (49 App. U.S.C. 1701 et seq.); and (i) the Act of July 15, 1949 (ch. 338, Public Law 171, Eighty-first Congress, First Session). (As amended Pub. L. 91-258, title I, Sec. 52(b)(7), May 21, 1970, 84 Stat. 235). MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 14 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. For the purpose of coordinating the administration of labor standards under various statutes relating to Federal construction and public works or to construction with federally financed assistance or guaranties, the reorganization plan authorizes the Secretary of Labor to prescribe appropriate standards, regulations, and procedures with respect to these matters and to make such investigations concerning compliance with, and enforcement of, labor standards as he deems desirable. The purpose is to assure consistent and effective enforcement of such standards. The plan is in general accord with the recommendations of the Commission on Organization of the Executive Branch of the Government. It constitutes a further step in rebuilding and strengthening the Department of Labor to make it the central agency of the Government for dealing with labor problems. After investigation I have found and hereby declare that the reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. There are several laws regulating wages and hours of workers employed on Federal contracts for public works or construction. The 'eight hour laws' limit the employment of laborers and mechanics on such projects to 8 hours per day and permit their employment in excess of that limit only upon condition that time and one-half the basic-wage rate is paid for the excess hours. The Davis-Bacon Act provides that the minimum rates of pay for laborers and mechanics on certain Federal public-works contracts shall be those prevailing for the corresponding classes of workers in the locality as determined by the Secretary of Labor. The Copeland anti-kick-back law prohibits the exaction of rebates or kick-backs from workers employed on the construction of Federal public works or works financed by the Federal Government and authorizes the Secretary of Labor to make regulations for contractors engaged on such projects. In addition to the above statutes, there are several acts which require the payment of prevailing-wage rates, as determined by the Secretary of Labor, to laborers and mechanics employed on construction financed in whole or in part by loans or grants from the Federal Government or by mortgages guaranteed by the Federal Government. These acts are: the National Housing Act, the Housing Act of 1949, the Federal Airport Act, and the Hospital Survey and Construction Act of 1946. With the exception of the Department of Labor, the Federal agencies involved in the administration of the various acts are divided into two classes: (1) agencies which contract for Federal public works or construction; and (2) agencies which lend or grant Federal funds, or act as guarantors of mortgages, to aid in the construction of projects to be built by State or local public agencies or private individuals and groups. The methods of enforcing labor standards necessarily differ between these two groups of agencies. The methods adopted by the various agencies for the enforcement of labor standards vary widely in character and effectiveness. As a result, uniformity of enforcement is lacking and the degree of protection afforded workers varies from agency to agency. In order to correct this situation, this plan authorizes the Secretary of Labor to coordinate the administration of legislation relating to wages and hours on federally financed or assisted projects by prescribing standards, regulations, and procedures to govern the enforcement activities of the various Federal agencies and by making such investigations as he deems desirable to assure consistent enforcement. The actual performance of enforcement activities, normally including the investigation of complaints of violations, will remain the duty of the respective agencies awarding the contracts or providing the Federal assistance. Since the principal objective of the plan is more effective enforcement of labor standards, it is not probable that it will result in savings. But it will provide more uniform and more adequate protection for workers through the expenditures made for the enforcement of the existing legislation. Harry S. Truman. The White House, March 13, 1950. ------DocID 9045 Document 6 of 463------ -CITE- 6 USC Sec. 14 -EXPCITE- TITLE 6 -HEAD- (Sec. 14. Repealed. Pub. L. 92-310, title II, Sec. 203(1), June 6, 1972, 86 Stat. 202) -MISC1- Section, acts July 30, 1947, ch. 390, 61 Stat. 650; Aug. 9, 1955, ch. 683, Sec. 1, 69 Stat. 618, related to purchase of bonds to cover officers and employees of Federal Government. ------DocID 9095 Document 7 of 463------ -CITE- 7 USC Sec. 14 -EXPCITE- TITLE 7 CHAPTER 1 -HEAD- Sec. 14. Repealed. Pub. L. 99-641, title I, Sec. 110(5), Nov. 10, 1986, 100 Stat. 3561 -MISC1- Section, act Sept. 21, 1922, ch. 369, Sec. 11, 42 Stat. 1003, provided that violations of this chapter occurring before Nov. 1, 1922, should not be punishable. ------DocID 9443 Document 8 of 463------ -CITE- 7 USC CHAPTER 14 -EXPCITE- TITLE 7 CHAPTER 14 -HEAD- CHAPTER 14 - AGRICULTURAL EXPERIMENT STATIONS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 361. Repealed. 361a. Congressional declaration of purpose; definitions. 361b. Congressional statement of policy; researches, investigations and experiments. 361c. Authorization of appropriations and allotments of grants. (a) Authorization. (b) Allotments to States; authorization of appropriations for Virgin Islands and Guam; limitation. (c) Allotment of additional sums. (d) Allotment of amounts in excess of $90,000. (e) 'Administration' defined. (f) Adjustment of payments. (g) Reductions and reapportionments. 361d. Use of funds. 361e. Payment of allotments to State agricultural experiment stations; directors and treasurers or other officers; accounting; reports to Secretary; replacement by States of diminished, lost or misapplied allotments; subsequent allotments or payments contingent on such replacement. 361f. Publications of experiment stations; free mailing. 361g. Secretary of Agriculture; powers and duties; rules and regulations; determination of amount of entitlement; deduction of unexpended balances. 361h. Relation of college or university to State unaffected; division of appropriations. 361i. Power to amend, repeal, etc., reserved. 362 to 383. Transferred, Repealed, or Omitted. 384. Card index of agricultural literature; copies to be furnished by Secretary. 385. South Carolina Experiment Station; cooperation by Secretary of Agriculture; lump sum appropriation. 385a. Authorization of appropriations. 386 to 386g. Repealed. SUBCHAPTER II - EXPERIMENT STATIONS FOR PROPAGATION OF TREES, SHRUBS, VINES, AND VEGETABLES 387. Station for semi-arid or dry-land regions; establishment. 387a. Authorization of appropriations. 388. Station for southern Great Plains area; establishment. 388a. Authorization of appropriations. 389. Transfer of certain dry land and irrigation field stations to States. 389a. Conditions of transfer of dry land and irrigation field stations; reservation of mineral rights. SUBCHAPTER III - RESEARCH FACILITIES 390. Congressional declaration of policy. 390a. Congressional declaration of purpose. 390b. Definitions. 390c. Administration. (a) Authorization of appropriations. (b) Limitation on amount of grant; funding from non-Federal sources. (c) Rules and regulations. 390d. Eligibility for payments; facility proposals. 390e. Repealed. 390f. Multiple-purpose equipment and physical facilities; fund support basis. 390g. Repealed. 390h. Fiscal accountability. (a) Chief administrative officers; fiscal officers; duties; reports. (b) Diminution, loss, or misapplication of funds. 390i. Reports to Congress. 390j. Availability of appropriated funds for administration. 390k. Repealed. ------DocID 11777 Document 9 of 463------ -CITE- 9 USC Sec. 14 -EXPCITE- TITLE 9 CHAPTER 1 -HEAD- Sec. 14. Contracts not affected -STATUTE- This title shall not apply to contracts made prior to January 1, 1926. -SOURCE- (July 30, 1947, ch. 392, 61 Stat. 674.) -MISC1- DERIVATION Act Feb. 12, 1925, ch. 213, Sec. 15, 43 Stat. 886. PRIOR PROVISIONS Act Feb. 12, 1925, ch. 213, Sec. 14, 43 Stat. 886, former provisions of section 14 of this title relating to 'short title' is not now covered. ------DocID 14597 Document 10 of 463------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 14 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS ATTORNEYS -HEAD- Rule 14. Honorary Membership -STATUTE- Honorary membership in the Bar of the Court may be granted from time to time to distinguished members of the legal profession of other nations who are knowledgeable in the fields of military justice or the law of war. A candidate for honorary membership will be presented at the Bar in person after the nomination has previously been approved by the Court. A certificate of honorary membership in the Bar will be presented to the person so honored. ------DocID 14654 Document 11 of 463------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 14 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 14. Waiver or withdrawal of appellate review -STATUTE- Withdrawals from appellate review, and waivers of appellate review filed after expiration of the period prescribed by Rule for Courts-Martial 1110(f)(1), will be referred to the Court for consideration. At its discretion, the Court may require the filing of a motion for withdrawal, issue a show cause order, or grant the withdrawal without further action, as may be appropriate. The Court will return the record of trial, in a case withdrawn from appellate review, to the Judge Advocate General for action pursuant to Rule for Courts-Martial 1112. ------DocID 15146 Document 12 of 463------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 14 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 14. - Order for Relief -STATUTE- (CAPTION AS IN FORM NO. 1) ORDER FOR RELIEF On consideration of the petition filed on XXXXXX against the above-named debtor, an order for relief under chapter 7 (or 11) of title 11 of the United States Code is GRANTED. Dated: XXXXXX BY THE COURT XXXXXXXXXXXXXX Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is an adaptation of former Official Form No. 11. It is appropriate for use when relief is ordered on an involuntary petition filed under Sec. 303 of the Code with respect to chapter 7 (liquidation) or chapter 11 (reorganization). If a contested petition is tried by the court without a jury (or with an advisory jury), the findings of fact and conclusions of law thereon must be stated separately. See Rule 7052(a), which is made applicable to proceedings on a contested petition by Rule 1018. ------DocID 15184 Document 13 of 463------ -CITE- 12 USC Sec. 14 -EXPCITE- TITLE 12 CHAPTER 1 -HEAD- Sec. 14. Report of Comptroller -STATUTE- The Comptroller of the Currency shall make an annual report to Congress. -SOURCE- (R.S. Sec. 333; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; Aug. 7, 1946, ch. 770, Sec. 1(39), 60 Stat. 869.) -COD- CODIFICATION R.S. Sec. 333 derived from acts June 3, 1864, ch. 106, Sec. 61, 13 Stat. 117, and Feb. 19, 1873, ch. 166, 17 Stat. 466. Act June 3, 1864, was the National Bank Act. See section 38 of this title. -MISC3- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed in the opening clause, the requirement that the report to Congress shall be submitted at the commencement of its session, and repealed all provisions prescribing contents of the exhibits in the report. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. ------DocID 15997 Document 14 of 463------ -CITE- 12 USC Sec. 1701z-14 -EXPCITE- TITLE 12 CHAPTER 13 -HEAD- Sec. 1701z-14. Lower cost technology demonstration program -STATUTE- The Secretary of Housing and Urban Development is authorized to develop and implement a demonstration program utilizing lower cost building technology for projects located on inner-city vacant land. -SOURCE- (Pub. L. 97-35, title III, Sec. 339C, Aug. 13, 1981, 95 Stat. 417.) -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Amendments of 1981 and also as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of the National Housing Act which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as a note under section 3701 of this title. ------DocID 16069 Document 15 of 463------ -CITE- 12 USC Sec. 1715z-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-14. Reinsurance contracts -STATUTE- (a) Demonstration mortgage reinsurance program; areas; number of mortgages The purpose of this section is to authorize a demonstration mortgage reinsurance program designed to test the feasibility of entering into reinsurance contracts with private mortgage insurers in order to reduce Government risk and administrative costs, and to speed mortgage processing. The Secretary shall limit the demonstration under this section to not more than two administrative regions of the Department of Housing and Urban Development, and shall assure that the program is in the financial interest of the Government and will not result in loss of employment by any employees of the Department of Housing and Urban Development before March 15, 1988. The aggregate number of mortgages insured under this section in any administrative region of the Department of Housing and Urban Development in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this subchapter in such region during the preceding fiscal year. (b) One- to four-family dwellings; requirements for private mortgage insurance companies Notwithstanding any other provision of this chapter inconsistent with this section, the Secretary is authorized to provide mortgage insurance with respect to one- to four-family dwellings under sections 1709(b), 1715y, and 1715z-10 of this title through reinsurance contracts with private mortgage insurance companies which have been determined to be qualified insurers under section 1717(b)(2)(C) of this title. Such contracts shall require private mortgage insurance companies to - (1) assume a percentage of loss on any mortgage insured pursuant to section 1709(b), 1715y, or 1715z-10 of this title covering a one- to four-family dwelling, which percentage of loss shall be set forth in the reinsurance contract; and (2) carry out (under appropriate delegation) such credit approval, appraisal, inspection, commitment, claims processing, property disposition, or other function as the Secretary pursuant to regulations, shall approve as consistent with the purposes of this section. (c) Required contract provisions Any contract of reinsurance under this section shall contain such provisions relating to the sharing of premiums on a sound actuarial basis, establishment of insurance reserves, manner of calculating claims on such insurance, conditions with respect to foreclosure, handling and disposition of property prior to claim or settlement, right of assignees, and other similar matters as the Secretary may prescribe pursuant to regulations. Pursuant to a contract under this section, a private mortgage insurance company shall endorse loans for insurance and take such other actions on behalf of the Secretary and in the Secretary's name as the Secretary may authorize. (d) Mortgages offered for inclusion by Secretary The Secretary shall require any private mortgage insurance company participating in the program under this section to provide reinsurance for those mortgages offered by the Secretary for inclusion in the program. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 249, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 428(a), 97 Stat. 1219, and amended Oct. 8, 1985, Pub. L. 99-120, Sec. 1(g), 99 Stat. 502; Nov. 15, 1985, Pub. L. 99-156, Sec. 1(g), 99 Stat. 815; Dec. 26, 1985, Pub. L. 99-219, Sec. 1(g), 99 Stat. 1730; Mar. 27, 1986, Pub. L. 99-267, Sec. 1(g), 100 Stat. 73; Apr. 7, 1986, Pub. L. 99-272, title III, Sec. 3007(g), 100 Stat. 105; May 2, 1986, Pub. L. 99-289, Sec. 1(b), 100 Stat. 412; June 24, 1986, Pub. L. 99-345, Sec. 1, 100 Stat. 673; Sept. 30, 1986, Pub. L. 99-430, 100 Stat. 986; Sept. 30, 1987, Pub. L. 100-122, Sec. 1, 101 Stat. 793; Nov. 5, 1987, Pub. L. 100-154, 101 Stat. 890; Nov. 17, 1987, Pub. L. 100-170, 101 Stat. 914; Dec. 3, 1987, Pub. L. 100-179, 101 Stat. 1018; Dec. 21, 1987, Pub. L. 100-200, 101 Stat. 1327.) -MISC1- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-200 substituted 'March 15, 1988' for 'December 16, 1987'. Pub. L. 100-179 substituted 'December 16, 1987' for 'December 2, 1987'. Pub. L. 100-170 substituted 'December 2, 1987' for 'November 15, 1987'. Pub. L. 100-154 substituted 'November 15, 1987' for 'October 31, 1987'. Pub. L. 100-122 substituted 'October 31, 1987' for 'September 30, 1987'. 1986 - Subsec. (a). Pub. L. 99-430 substituted 'September 30, 1987' for 'September 30, 1986'. Pub. L. 99-345 substituted 'September 30, 1986' for 'June 6, 1986'. Pub. L. 99-289 substituted 'June 6, 1986' for 'April 30, 1986'. Pub. L. 99-272 made amendment identical to Pub. L. 99-219. See 1985 Amendment note below. Pub. L. 99-267 substituted 'April 30, 1986' for 'March 17, 1986'. 1985 - Subsec. (a). Pub. L. 99-219 substituted 'March 17, 1986' for 'December 15, 1985'. Pub. L. 99-156 substituted 'December 15, 1985' for 'November 14, 1985'. Pub. L. 99-120 substituted 'November 14, 1985' for 'September 30, 1985'. EVALUATION OF REINSURANCE PROGRAM; REPORT TO CONGRESS Section 428(b) of Pub. L. 98-181 provided that: 'The Secretary of Housing and Urban Development shall evaluate the reinsurance program under section 249 of the National Housing Act (this section) and, not later than March 1, 1985, submit to the Congress a report setting forth the results of such evaluation. Such report shall include an evaluation of the possible effect of a reinsurance program on the characteristics of the pool of mortgages remaining wholly under the applicable insurance funds and the actuarial soundness of such funds under such conditions.' ------DocID 16130 Document 16 of 463------ -CITE- 12 USC Sec. 1735f-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-14. Civil money penalties against mortgagees and lenders -STATUTE- (a) In general (1) Authority Whenever a mortgagee approved under this chapter, or a lender holding a contract of insurance under subchapter I of this chapter, knowingly and materially violates any of the provisions of subsection (b) of this section, the Secretary may impose a civil money penalty on the mortgagee or lender in accordance with the provisions of this section. The penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) Amount of penalty The amount of the penalty, as determined by the Secretary, may not exceed $5,000 for each violation, except that the maximum penalty for all violations by any particular mortgagee or lender during any 1-year period shall not exceed $1,000,000. Each violation of a provision of subsection (b)(1) of this section shall constitute a separate violation with respect to each mortgage or loan application. In the case of a continuing violation, as determined by the Secretary, each day shall constitute a separate violation. (b) Violations for which a penalty may be imposed (1) Violations The Secretary may impose a civil money penalty under subsection (a) of this section for any knowing and material violation by a mortgagee or lender, as follows: (A) Except where expressly permitted by statute, regulation, or contract approved by the Secretary, transfer of a mortgage insured under this chapter to a mortgagee not approved by the Secretary, or transfer of a loan to a transferee that is not holding a contract of insurance under subchapter I of this chapter. (B) Failure of a nonsupervised mortgagee, as defined by the Secretary - (i) to segregate all escrow funds received from a mortgagor for ground rents, taxes, assessments, and insurance premiums; or (ii) to deposit these funds in a special account with a depository institution whose accounts are insured by the Federal Deposit Insurance Corporation through the Bank Insurance Fund for banks and through the Savings Association Insurance Fund for savings associations, or by the National Credit Union Administration. (C) Use of escrow funds for any purpose other than that for which they were received. (D) Submission to the Secretary of information that was false, in connection with any mortgage insured under this chapter, or any loan that is covered by a contract of insurance under subchapter I of this chapter. (E) With respect to an officer, director, principal, or employee - (i) hiring such an individual whose duties will involve, directly or indirectly, programs administered by the Secretary, while that person was under suspension or withdrawal by the Secretary; or (ii) retaining in employment such an individual who continues to be involved, directly or indirectly, in programs administered by the Secretary, while that person was under suspension or withdrawal by the Secretary. (F) Falsely certifying to the Secretary or submitting to the Secretary a false certification by another person or entity. (G) Failure to comply with an agreement, certification, or condition of approval set forth on, or applicable to - (i) the application of a mortgagee or lender for approval by the Secretary; or (ii) the notification by a mortgagee or lender to the Secretary concerning establishment of a branch office. (H) Violation of any provisions of subchapter I, II, or IX-A (as such subchapter existed immediately before December 15, 1989) of this chapter or any implementing regulation or handbook that is issued under this chapter. (2) Notification to Attorney General Before taking action to impose a civil money penalty for a violation under paragraph (1)(D) or paragraph (1)(F), the Secretary shall inform the Attorney General of the United States. (c) Agency procedures (1) Establishment The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsection (a) of this section. These standards and procedures - (A) shall provide for the Secretary to make the determination to impose the penalty or to use an administrative entity (such as the Mortgagee Review Board, established pursuant to section 1708(c) of this title) to make the determination; (B) shall provide for the imposition of a penalty only after the mortgagee or lender has been given an opportunity for a hearing on the record; and (C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. (2) Final orders If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. (3) Factors in determining amount of penalty In determining the amount of a penalty under subsection (a) of this section, consideration shall be given to such factors as the gravity of the offense, any history of prior offenses (including those before December 15, 1989), ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (4) Reviewability of imposition of penalty The Secretary's determination or order imposing a penalty under subsection (a) of this section shall not be subject to review, except as provided in subsection (d) of this section. (d) Judicial review of agency determination (1) In general After exhausting all administrative remedies established by the Secretary under subsection (c)(1) of this section, a mortgagee or lender against whom the Secretary has imposed a civil money penalty under subsection (a) of this section may obtain a review of the penalty and such ancillary issues (such as any administrative sanctions under 24 C.F.R. part 25) as may be addressed in the notice of determination to impose a penalty under subsection (c)(1)(A) of this section in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the Secretary's determination or order be modified or be set aside in whole or in part. (2) Objections not raised in hearing The court shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (c)(1) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at the hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of the additional evidence. (3) Scope of review The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to section 706 of title 5. (4) Order to pay penalty Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. (e) Action to collect penalty If any mortgagee or lender fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (a) of this section, after the determination or order is no longer subject to review as provided by subsections (c)(1) and (d) of this section, the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the mortgagee or lender and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. (f) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (g) 'Knowingly' defined The term 'knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (h) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (i) Deposit of penalties in insurance funds Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the appropriate insurance fund or funds established under this chapter, as determined by the Secretary. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 536, as added Dec. 15, 1989, Pub. L. 101-235, title I, Sec. 107(a), 103 Stat. 2000.) -REFTEXT- REFERENCES IN TEXT Subchapter IX-A of this chapter, referred to in subsec. (b)(1)(H), was repealed by Pub. L. 101-235, title I, Sec. 133(a), Dec. 15, 1989, 103 Stat. 2027. -MISC2- EFFECTIVE DATE Section 107(b) of Pub. L. 101-235 provided that: 'The amendment made by subsection (a) (enacting this section) shall apply only with respect to - '(1) violations referred to in the amendment that occur on or after the effective date of this section (Dec. 15, 1989); and '(2) in the case of a continuing violation (as determined by the Secretary of Housing and Urban Development), any portion of a violation referred to in the amendment that occurs on or after such date.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1703 of this title. ------DocID 16214 Document 17 of 463------ -CITE- 12 USC Sec. 1749bbb-14 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-14. Records, annual statement, and audits -STATUTE- (a) Information reports for Director Any insurer, pool, or property owner acquiring reinsurance or direct insurance under this subchapter shall furnish the Director with such summaries and analyses of information in its records as may be necessary to carry out the purposes of this subchapter, in such form as the Director, in cooperation with the State insurance authority, shall, by rules and regulations, prescribe. The Director shall make use of State insurance authority examination reports and facilities to the maximum extent feasible. (b) Filing of annual statement Any insurer or pool acquiring reinsurance under this subchapter shall file with the Director a true and correct copy of any annual statement, or amendment thereof, filed with the State insurance authority of its domiciliary State, at the time it files such statement or amendment with such State insurance authority. (c) Recordkeeping requirements Any insurer or other person executing any contract, agreement, or other appropriate arrangement with the Director under section 1749bbb-8 or 1749bbb-12 of this title shall keep reasonable records which fully disclose the total costs of the programs undertaken or the services being rendered, and such other records as will facilitate an effective audit of liability for reinsurance or direct insurance payments by the Director. (d) Investigation and audit The Director and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of investigation, audit, and examination to any books, documents, papers, and records of any insurer or other person that are pertinent to the costs of any program undertaken for, or services rendered to, the Director. Such audits shall be conducted to the maximum extent feasible in cooperation with the State insurance authorities and through the use of their examining facilities. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1244, formerly Sec. 1234, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 565, renumbered and amended Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), (f), (k), (l), 84 Stat. 1789-1791; Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' wherever appearing. 1970 - Subsec. (a). Pub. L. 91-609, Sec. 602(k), required property owners acquiring insurance to furnish necessary information and made the requirement applicable when acquiring direct insurance. Subsec. (c). Pub. L. 91-609, Sec. 602(f), (l), renumbered section 1232 to be 1242 of act June 27, 1934, without affecting its designation in the text as section 1749bbb-12, and provided for audit of liability for direct insurance payments, respectively. ------DocID 16234 Document 18 of 463------ -CITE- 12 USC CHAPTER 14 -EXPCITE- TITLE 12 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL CREDIT UNIONS -MISC1- Sec. 1751. Short title. 1751a. Omitted. SUBCHAPTER I - GENERAL PROVISIONS 1752. Definitions. 1752a. National Credit Union Administration. (a) Establishment; management under National Credit Union Administration Board. (b) Membership of Board; designation of Chairman. (c) Term of office. (d) Management of Administration vested in Board; adoption of rules; quorum; report to President and Congress. (e) Functions of Chairman. (f) Audit by General Accounting Office. 1753. Federal credit union organization. 1754. Approval of organization certificate. 1755. Fees. (a) Payment by Federal credit union to Administration. (b) Determinations of amount, assessment periods, and payment dates. (c) Supervision charge exception; waiver of payment. (d) Payment into Treasury of United States. (e) Investment of annual operating fees not needed for current operations. 1756. Reports and examinations. 1756a. Omitted. 1757. Powers. 1758. Bylaws. 1759. Membership. 1760. Members' meetings. 1761. Management. (a) Board of directors, credit committee, and supervisory committee, election to board. (b) Membership on supervisory committee; names and addresses of officers and committee members. (c) Compensation. 1761a. Officers of the board. 1761b. Board of directors; meetings; powers and duties; executive committee; membership officers; membership application. 1761c. Credit committee. (a) Members; meetings; lines of credit and approval of loans; delegation to loan officers. (b) Review and reversal of loan refusals; review by board in lieu of committee; limitation on disbursements by loan officers. 1761d. Supervisory committee; powers and duties; suspension of members; passbook. 1762. Reserves. 1763. Dividends. 1764. Expulsion and withdrawal. (a) Expulsion by two-thirds vote. (b) Expulsion based on nonparticipation. (c) Liability to credit union. 1765. Minors. 1766. Powers of Board. 1767. Fiscal agents and depositories; authorization to secure deposits by governmental bodies. 1768. Taxation. 1769. Separability; right to alter, amend, or repeal chapter. 1770. Allotment of space in Federal buildings. 1771. Conversion from Federal to State credit union and from State to Federal credit union. 1772. Territorial application of chapter. 1772a. Gifts; acceptance of conditional gifts; deposit. 1772b. Apportionment. 1772c. Trust fund. 1773. District of Columbia credit unions; conversion to Federal status. 1774. Approval of certificate; assets and obligations of applicant credit union. 1775. Conditions upon conversion to Federal status. SUBCHAPTER II - SHARE INSURANCE 1781. Insurance of member accounts. (a) Eligibility. (b) Application; agreement. (c) Approval of application. (d) Certificate of insurance. 1782. Administration of insurance fund. (a) Reports of condition. (b) Annual certified statements. (c) Deposit with National Credit Union Share Insurance Fund; amount, return, distribution, etc. (d) Remedy for failure to report; penalty for failure to file certified statement or pay premium; dispute as to deposit or premium charge; prohibition on distribution of assets or dividends while in default. (e) Recovery of unpaid deposit or premium; limitations. (f) Penalty for failure to comply with section; court determination of failure; remedies not exclusive. (g) Records. (h) Definitions. 1783. National Credit Union Share Insurance Fund. (a) Creation; use of fund. (b) Deposit of deposits and premium charges, fees and penalties. (c) Investment authorization. (d) Loans to fund, limitation and terms; interest accrual; determination of interest rate. (e) Excess funds credited against loans. (f) Authorization for fund to borrow from Central Liquidity Facility. 1784. Examination of insured credit unions. (a) Examiners and claim agents; powers; report by examiner; jurisdiction of court. (b) Power of Board; jurisdiction of court. (c) Court orders enforcing subpenas; immunity. (d) Administration acceptance of State board reports; reports of Board furnished to State board. 1785. Requirements governing insured credit unions. (a) Advertisement of insured status; exemptions; regulation of signs. (b) Restrictions. (c) Considerations for waiver or enforcement of restrictions. (d) Penalty for prohibited participation. (e) Security standards; reports; penalty. (f) Share draft accounts; maintenance, loans, etc. (g) Interest rates. (h) Emergency merger. (i) Emergency purchase of assets; conversion to insured deposits. 1786. Termination of insured credit union status; cease and desist orders; removal or suspension from office; procedure. (a) Termination of insurance. (b) Unsound condition of credit union; notice to correct condition; hearing; judicial review. (c) Notice to members of termination of insured status. (d) Continuation of insurance for one year; approval of conversion of status; procedure subsequent to approval; reduction of premium charges. (e) Opinion of Board as to unsound condition of credit union; notice of charges; hearing; order to cease and desist; judicial review. (f) Temporary cease and desist order; injunctive procedure. (g) Removal and prohibition authority. (h) Board's self-appointment as conservator; consultation with State; authority. (i) Suspension or removal of institution-affiliated party charged with crime. (j) Jurisdiction of hearing; procedure; judicial review. (k) Jurisdiction and enforcement; penalty. (l) Criminal penalty for violation of certain orders. (m) Definitions. (n) Notice or order to State board supervising State-chartered credit union. (o) Notice of proceedings to State board supervising State-chartered credit union; effect of corrective action by State board; attack on validity of notice or order. (p) Proceedings; powers of Board; court enforcement of subpenas; witness fees; expenses and attorneys' fees. (q) Compliance with monetary transaction recordkeeping and report requirements. (r) 'Institution-affiliated party' defined. (s) Public disclosure of agency action. (t) Regulation of certain forms of benefits to institution-affiliated parties. (u) Foreign investigations. 1787. Payment of insurance. (a) Liquidation by Board; bond; appointment of agent; fees to be fixed by Board. (b) Powers and duties of Board as conservator or liquidating agent. (c) Provisions relating to contracts entered into before appointment of conservator or liquidating agent. (d) Payment of insured deposits. (e) Subrogation of Board. (f) Valuation of claims in default. (g) Limitation on court action. (h) Liability of directors and officers. (i) Damages. (j) Board as liquidating agent of State-chartered credit unions. (k) Extent of insurance coverage; insurance of public funds; insurance regarding pension and profit-sharing plans. (l) Payment; discharge of liability. (m) Undisclosed names. (n) Withholding of payment due to liability of credit union member. (o) Unclaimed insured accounts; limitations. (p) Sale of assets; security for loans; approval of court; agreements affecting interest of Board in any asset acquired by it. (q) Prohibition on certain acquisitions of assets. (r) Foreign investigations. 1788. Special assistance to avoid liquidation. (a) Loans; purchase of assets; accounts; agreements affecting interest of Board in any asset acquired by it. (b) Protection of Fund. (c) Money paid into Fund. 1789. Administrative provisions. 1789a. Credit unions as depositaries of public money; fiscal agents; duties. 1790. Nondiscriminatory provision. 1790a. Board disapproval of directors, committee members, and senior executive officers of insured credit unions. (a) Prior notice required. (b) Disapproval by Board. (c) Exception in extraordinary circumstances. (d) Additional information. (e) Standard for disapproval. (f) Definition regulations. 1790b. Credit union employee protection remedy. (a) Prohibition against discrimination against whistleblowers. (b) Enforcement. (c) Remedies. (d) Limitations. 1790c. Reward for information leading to recoveries or civil penalties. SUBCHAPTER III - CENTRAL LIQUIDITY FACILITY 1795. Congressional findings. 1795a. Definitions. 1795b. National Credit Union Administration Central Liquidity Facility; establishment; management; jurisdiction. 1795c. Membership. (a) Credit unions serving natural persons. (b) Credit unions serving other credit unions. (c) Stock subscription requirements. (d) Functions of Agent members of Facility. (e) Withdrawal from or termination of membership. 1795d. Capital stock. (a) Opening of books; minimum subscription. (b) Requirements. (c) Redemption of stock. (d) Use of subscription amount. (e) Restriction on advances to credit unions. 1795e. Extensions of credit. 1795f. Powers of Board. (a) General authorities. (b) Collection and settlement of checks, share drafts, etc.; charges; rules and regulations. 1795g. Depositories, custodians, and fiscal agents. 1795h. Audit of financial transactions. 1795i. Annual report. 1795j. Agent of Federal Reserve System. 1795k. State and local tax exemption. (a) Franchise, activities, etc., of Central Liquidity Facility; exception. (b) Notes, bonds, debentures and other obligations of Central Liquidity Facility; exceptions. (c) 'State' defined; tax status. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1818, 1831k, 2804, 4009 of this title; title 7 sections 2007b, 2019; title 15 sections 1607, 1681s, 1691c, 1692l, 1693o; title 18 section 709. ------DocID 16574 Document 19 of 463------ -CITE- 12 USC Sec. 2277a-14 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER V Part E -HEAD- Sec. 2277a-14. Prohibitions -STATUTE- (a) Corporate name (1) Use of corporate name It shall be unlawful for any person or entity to use the words 'Farm Credit System Insurance Corporation' or any combination of such words that would have the effect of leading the public to believe that there is any connection between such person or entity and the Corporation, by virtue of the name under which such person or entity does business. (2) False representation (A) By outside person or entities It shall be unlawful for any person or entity to falsely represent by any device, that the notes, bonds, debentures, or other obligations of the person or entity are insured or in any way guaranteed by the Corporation. (B) System banks It shall be unlawful for any insured System bank or person that markets insured obligations to falsely represent the extent to which or the manner in which such obligations are insured by the Corporation. (3) Penalty Any person or entity that willfully violates any provision of this subsection shall be fined not more than $1,000, imprisoned for not more than 1 year, or both. (b) Payments or distributions while in default (1) In general It shall be unlawful for any insured System bank to pay any dividends on bank stock or participation certificates or interest on the capital notes or debentures of such bank (if such interest is required to be paid only out of net profits) or distribute any of the capital assets of such bank while the bank remains in default in the payment of any premium due to the Corporation. (2) Liability of directors Each director or officer of any insured System bank who willfully participates in the declaration or payment of any dividend or interest or in any distribution in violation of this subsection shall be fined not more than $1,000, imprisoned not more than 1 year, or both. (3) Applicability This subsection shall not apply to any default that is due to a dispute between the insured System bank and the Corporation over the amount of such premium if such bank deposits security satisfactory to the Corporation for payment on final determination of the issue. (c) Failure to file statement or pay premium (1) In general Any insured System bank that willfully fails or refuses to file any certified statement or pay any premium required under this part shall be subject to a penalty of not more than $100 for each day that such violations continue, which penalty the Corporation may recover for its use. (2) Applicability This subsection shall not apply to conduct with respect to any default that is due to a dispute between the insured System bank and the Corporation over the amount of such premium if such bank deposits security satisfactory to the Corporation for payment on final determination of the issue. (d) Employment of persons convicted of criminal offenses (1) In general Except with the prior written consent of the Farm Credit Administration, it shall be unlawful for any person convicted of any criminal offense involving dishonesty or a breach of trust to serve as a director, officer, or employee of any insured System institution. (2) Penalty For each willful violation of paragraph (1), the institution involved shall be subject to a penalty of not more than $100 for each day during which the violation continues, which the Corporation may recover for its use. -SOURCE- (Pub. L. 92-181, title V, Sec. 5.65, as added Pub. L. 100-233, title III, Sec. 302, Jan. 6, 1988, 101 Stat. 1619, and amended Pub. L. 101-624, title XVIII, Sec. 1837, Nov. 28, 1990, 104 Stat. 3834.) -MISC1- AMENDMENTS 1990 - Subsec. (d)(1). Pub. L. 101-624, Sec. 1837(1), substituted 'insured System institution' for 'insured System bank'. Subsec. (d)(2). Pub. L. 101-624, Sec. 1837(2), substituted 'institution' for 'bank'. ------DocID 16644 Document 20 of 463------ -CITE- 12 USC Sec. 2279aa-14 -EXPCITE- TITLE 12 CHAPTER 23 SUBCHAPTER VIII -HEAD- Sec. 2279aa-14. Federal jurisdiction -STATUTE- Notwithstanding section 1349 of title 28 or any other provision of law: (1) The Corporation shall be considered an agency under sections 1345 and 1442 of such title. (2) All civil actions to which the Corporation is a party shall be deemed to arise under the laws of the United States and, to the extent applicable, shall be deemed to be governed by Federal common law. The district courts of the United States shall have original jurisdiction of all such actions, without regard to amount of value. (3) Any civil or other action, case, or controversy in a court of a State or any court, other than a district court of the United States, to which the Corporation is a party may at any time before trial be removed by the Corporation, without the giving of any bond or security - (A) to the District Court of the United States for the district and division embracing the place where the same is pending; or (B) if there is no such district court, to the District Court of the United States for the district in which the principal office of the Corporation is located; by following any procedure for removal for causes in effect at the time of such removal. (4) No attachment or execution shall be issued against the Corporation or any of the property of the Corporation before final judgment in any Federal, State, or other court. -SOURCE- (Pub. L. 92-181, title VIII, Sec. 8.14, as added Pub. L. 100-233, title VII, Sec. 702, Jan. 6, 1988, 101 Stat. 1705.) ------DocID 16994 Document 21 of 463------ -CITE- 13 USC Sec. 14 -EXPCITE- TITLE 13 CHAPTER 1 SUBCHAPTER I -HEAD- (Sec. 14. Repealed. Pub. L. 89-473, Sec. 2(a), June 29, 1966, 80 Stat. 221) -MISC1- Section, added Pub. L. 87-489, Sec. 1(a), June 19, 1962, 76 Stat. 104, provided for reimbursement between appropriations. See section 1534 of Title 31, Money and Finance. REPEALS Pub. L. 89-473, June 29, 1966, 80 Stat. 221, which repealed this section and struck out item 14 in the analysis of sections comprising this chapter, was itself repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. ------DocID 7070 Document 22 of 463------ -CITE- 2 USC Sec. 60e-3 to 60e-14 -EXPCITE- TITLE 2 CHAPTER 4 -HEAD- Sec. 60e-3 to 60e-14. Omitted -COD- CODIFICATION Sections were omitted as obsolete and superseded. See section 61-1 of this title and chapter 10A (Sec. 331 et seq.) of this title. Section 60e-3, acts June 30, 1945, ch. 212, title V, Sec. 501, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(a), (b), 60 Stat. 217; June 23, 1949, ch. 238, Sec. 5, 63 Stat. 265, provided for payment of additional compensation to legislative branch employees. Section 60e-4, acts June 30, 1945, ch. 212, title V, Sec. 502, 59 Stat. 301; May 24, 1946, ch. 270, Sec. 5(c), 60 Stat. 217, provided for payment of additional compensation to legislative branch employees. Section 60e-4a, act July 3, 1948, ch. 830, title III, Sec. 301, 62 Stat. 1267, provided for payment of additional compensation to employees of the Federal Government and the District of Columbia government. Section 60e-5, acts Oct. 28, 1949, ch. 783, title I, Sec. 101(a), (b), 63 Stat. 974; June 28, 1955, ch. 189, Sec. 4(e)(1), 69 Stat. 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-6, acts Oct. 24, 1951, ch. 554, Sec. 2(a), (b), (d), 65 Stat. 613; June 28, 1955, ch. 189, Sec. 4(b), (e)(1), 69 Stat. 176, 177, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-7, acts June 28, 1955, ch. 189, Sec. 4(a), (e)(1), (g), (h), 69 Stat. 176-178; June 27, 1956, ch. 453, Sec. 101, 70 Stat. 363, provided for payment of additional compensation to legislative branch employees. Section 60e-8, Pub. L. 85-462, Sec. 4(a), (e), (f), (r), June 20, 1958, 72 Stat. 207-209, provided for payment of additional compensation to legislative branch employees. Section 60e-9, Pub. L. 86-568, title I, Sec. 117(a), (e)-(h), July 1, 1960, 74 Stat. 303, provided for payment of additional compensation to legislative branch employees. Section 60e-10, Pub. L. 87-793, Sec. 1005(a), (e)-(g), (i), Oct. 11, 1962, 76 Stat. 866, provided for payment of additional compensation to and an annual limit on compensation for legislative branch employees. Section 60e-11, Pub. L. 88-426, title II, Sec. 202(a)-(c), (h), Aug. 14, 1964, 78 Stat. 413, 414, provided for payment of additional compensation to legislative branch employees. Section 60e-12, Pub. L. 89-301, Sec. 11(a), (b), (i), Oct. 29, 1965, 79 Stat. 1120, 1121, provided for payment of additional compensation to legislative branch employees. Section 60e-13, Pub. L. 89-504, title III, Sec. 302(a), (b), (e), (i), July 18, 1966, 80 Stat. 294, provided for payment of additional compensation to legislative branch employees. Section 60e-14, Pub. L. 90-206, title II, Sec. 214(a), (b), (f), (m), Dec. 16, 1967, 81 Stat. 635-637, provided for payment of additional compensation to legislative branch employees. ------DocID 17069 Document 23 of 463------ -CITE- 14 USC PART I -EXPCITE- TITLE 14 PART I -HEAD- PART I - REGULAR COAST GUARD -MISC1- Chap. Sec. 1. Establishment and Duties 1 3. Composition and Organization 41 5. Functions and Powers 81 7. Cooperation With Other Agencies 141 9. Coast Guard Academy 181 11. Personnel 211 13. Pay, Allowances, Awards, and Other Rights and Benefits 461 (15. Repealed.) 17. Administration 631 19. Coast Guard Environmental Compliance and Restoration Program (FOOTNOTE 1) 690 (FOOTNOTE 1) So in original. Does not conform to chapter heading. AMENDMENTS 1989 - Pub. L. 101-225, title II, Sec. 222(b), Dec. 12, 1989, 103 Stat. 1918, added item for chapter 19. 1950 - Act May 5, 1950, ch. 169, Sec. 5, 14(v), 64 Stat. 148, repealed item for chapter 15 'Discipline and Related Matters - - - 561', effective May 31, 1951. ------DocID 17070 Document 24 of 463------ -CITE- 14 USC CHAPTER 1 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- CHAPTER 1 - ESTABLISHMENT AND DUTIES -MISC1- Sec. 1. Establishment of Coast Guard. 2. Primary duties. 3. Relationship to Navy Department. 4. Operation as a service in the Navy. 5. 'Secretary' defined. ------DocID 17071 Document 25 of 463------ -CITE- 14 USC Sec. 1 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 1. Establishment of Coast Guard -STATUTE- The Coast Guard as established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Department of Transportation, except when operating as a service in the Navy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(1), 90 Stat. 2519.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Sec. 5, 6(a), 55 Stat. 585). Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section. This section continues the Coast Guard as a military service and branch of the armed forces of the United States at all times. By the act of July 11, 1941, 55 Stat. 585 (title 14, U.S.C., 1946 ed., Sec. 1), the Coast Guard was constituted a branch of the land and naval forces of the United States at all times. This section therefore merely continues an existing agency and codifies existing law on the military status of the Coast Guard, substituting 'armed forces' for 'land and naval forces' because of the recent establishment of the Department of the Air Force as an 'armed force' rather than as a part of the 'land and naval forces'. The Coast Guard is designated a service in the Treasury Department except when operating as a service in the Navy. This is a better definition of the status of the Coast Guard than one which defines it as a service under the Treasury Department in time of peace, because the President is authorized to place the Coast Guard under the Navy in time of emergency, which could be in time of peace. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Department of Transportation' for 'Treasury Department'. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 931. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of this title. See section 108 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 2101. ------DocID 17072 Document 26 of 463------ -CITE- 14 USC Sec. 2 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 2. Primary duties -STATUTE- The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command responsibilities.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 5, 1961, Pub. L. 87-396, Sec. 1, 75 Stat. 827; June 12, 1970, Pub. L. 91-278, Sec. 1(1), 84 Stat. 304; Dec. 13, 1974, Pub. L. 93-519, 88 Stat. 1659; Nov. 10, 1986, Pub. L. 99-640, Sec. 6, 100 Stat. 3547; Sept. 28, 1988, Pub. L. 100-448, Sec. 17, 102 Stat. 1845; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7403, 102 Stat. 4484.) -MISC1- HISTORICAL AND REVISION NOTES This section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U.S.C., 1946 ed., Sec. 45, 50k-50o, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed., Sec. 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., Sec. 1 (footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; July 5, 1884, ch. 221, Sec. 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, Sec. 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, Sec. 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, Sec. 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, Sec. 6, 44 Stat. 626; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, Sec. 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, Sec. 2(2), 56 Stat. 102; Sept. 30, 1944, ch. 453, Sec. 1, 58 Stat. 759; June 22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat. 1050). This section contains a codification of functions. It sets forth in general language the primary responsibilities of the Coast Guard: enforcement of all Federal laws on waters to which they have application, safety of life and property at sea, aiding navigation, and readiness to function with the Navy. Having been created in 1915 by the consolidation of the Revenue Cutter Service and the Life Saving Service, the Coast Guard has gradually been given additional duties and responsibilities, such as the assignment of law enforcement powers on the high seas and navigable waters in 1936, the transfer of the Lighthouse Service in 1939, and the transfer of the Bureau of Marine Inspection and Navigation in 1942. Existing along with these other duties has been that of maintaining a state of readiness as a specialized service prepared for active participation with the Navy in time of war. These various interdependent functions of the Service have not been expressed collectively in any statute heretofore, but it is believed desirable to do so in this revision in order to have outlined in general terms in one section the broad scope of the functions of the Coast Guard. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-690 substituted 'United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer' for first reference to 'United States;'. Pub. L. 100-448 substituted 'Federal laws on, under, and over' for 'Federal laws on and under'. 1986 - Pub. L. 99-640 inserted ', including the fulfillment of Maritime Defense Zone command responsibilities.' 1974 - Pub. L. 93-519 inserted provision requiring Coast Guard to develop, establish, maintain and operate, pursuant to international agreements, icebreaking facilities in waters other than those subject to the jurisdiction of the United States. 1970 - Pub. L. 91-278 improved and clarified text, substituting 'on and under' for 'upon' in clause preceding first semicolon; inserting 'and under' after 'life and property on' and striking out 'on' after 'the high seas and' in clause preceding second semicolon; and substituting 'icebreaking' for 'ice-breaking' and inserting ', under,' after 'promotion of safety on' in clause preceding third semicolon, respectively. 1961 - Pub. L. 87-396 required Coast Guard to engage in oceanographic research on high seas and in waters subject to jurisdiction of the United States. -CROSS- CROSS REFERENCES Aids to navigation authorized, see section 81 of this title. Ice and derelict patrol, see section 738a of Title 46, Appendix, Shipping. Law enforcement, see section 89 of this title. Safety of naval vessels, see section 91 of this title. Saving life and property, see section 88 of this title. ------DocID 17073 Document 27 of 463------ -CITE- 14 USC Sec. 3 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 3. Relationship to Navy Department -STATUTE- Upon the declaration of war or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Transportation. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy who may order changes in Coast Guard operations to render them uniform, to the extent he deems advisable, with Navy operations. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 496; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(2), 90 Stat. 2519.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Sec. 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to when the Coast Guard operates as a service in the Navy are in this section. The provisions relating to the establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to appropriations are placed in section 4 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Executive' for 'executive' and 'Department of Transportation' for 'Treasury Department'. -CROSS- CROSS REFERENCES Armed Forces as including Coast Guard, see section 101 of Title 10, Armed Forces. Cooperation with Navy Department, see section 145 of this title. Interchange of supplies between Navy and Coast Guard, see section 2571 of Title 10, Armed Forces. Secretary of the Navy, powers with respect to Coast Guard, see section 5013a of Title 10. Service in Navy to be counted, see section 467 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 5013a; title 50 section 191a. ------DocID 17074 Document 28 of 463------ -CITE- 14 USC Sec. 4 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 4. Operation as a service in the Navy -STATUTE- Whenever the Coast Guard operates as a service in the Navy: (a) applicable appropriations of the Navy Department shall be available for the expense of the Coast Guard; (b) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department; (c) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall be determined by the date of rank stated by their commissions in those grades; (d) personnel of the Coast Guard shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as personnel in the naval service or serving in any capacity with the Navy; and (e) the Secretary may place on furlough any officer of the Coast Guard and officers on furlough shall receive one half of the pay to which they would be entitled if on leave of absence, but officers of the Coast Guard Reserve shall not be so placed on furlough. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; May 5, 1950, ch. 169, Sec. 14(u), 64 Stat. 148; June 9, 1966, Pub. L. 89-444, Sec. 1(1), 80 Stat. 195.) -MISC1- HISTORICAL AND REVISION NOTES Subsections (a) and (b) are based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Sec. 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to appropriations are in this section. The provisions relating to establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to when the Coast Guard operates as a service in the Navy are placed in section 3 of this title. The substantive changes relating to the availability of appropriations when the Coast Guard is transferred to the Navy were suggested by the Bureau of the Budget (July 11, 1941, ch. 290, Sec. 6 (a), 55 Stat. 585). Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 7 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Subsection (d) is derived from title 34, U.S.C., 1946 ed., Sec. 355 to 356b (Feb. 4, 1919, ch. 14, Sec. 2-5, 40 Stat. 1056; Aug. 7, 1942, ch. 551, Sec. 1, 56 Stat. 743). Said sections authorized medals for presentation '. . . to any person who, while serving in any capacity with the Navy of the United States . . .'; inasmuch as this language includes the Coast Guard when it is operating under the Navy, this subsection entails no change in existing law. Subsection (e) is based on title 34, U.S.C., 1946 ed., Sec. 228 (R.S. 1442; Feb. 28, 1942, ch. 11, 59 Stat. 9). Inasmuch as R.S. 1442 cited above applies to the Navy and Marine Corps as well as the Coast Guard it is not scheduled for repeal but is being amended by section 6 of this act to eliminate reference to the Coast Guard. Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 3 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Said section has been divided. The provisions concerning applicability of Navy laws to Coast Guard personnel are placed in this section. The provisions of the provisos of title 14, U.S.C., 1946 ed., Sec. 3 are placed in section 571 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1966 - Pub. L. 89-444 made technical changes in subsecs. (d) and (e) by inserting 'and' at end of subsec. (d) and substituting a period for '; and' at end of subsec. (e). 1950 - Act May 5, 1950, repealed subsec. (f) which provided that personnel of the Coast Guard should be subject to the laws for the government of the Navy. EFFECTIVE DATE OF 1950 AMENDMENT Section 5 of act May 5, 1950, provided that the amendment made by that section is effective May 31, 1951. -CROSS- CROSS REFERENCES Armed Forces as including Coast Guard, see section 101 of Title 10, Armed Forces. Cooperation with Navy Department, see section 145 of this title. Interchange of supplies between Navy and Coast Guard, see section 2571 of Title 10, Armed Forces. Secretary of the Navy, powers with respect to Coast Guard, see section 5013a of Title 10. Service in Navy to be counted, see section 467 of this title. Uniform Code of Military Justice, see section 801 et seq. of Title 10, Armed Forces. ------DocID 17075 Document 29 of 463------ -CITE- 14 USC Sec. 5 -EXPCITE- TITLE 14 PART I CHAPTER 1 -HEAD- Sec. 5. 'Secretary' defined -STATUTE- As used in this title, the term 'Secretary' means the Secretary of the respective department in which the Coast Guard is operating. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497.) -MISC1- HISTORICAL AND REVISION NOTES This section is definitive and is included to obviate the necessity of spelling out in detail in each section of the bill where the Secretary is referred to, 'the Secretary of the Treasury when the Coast Guard is operating in the Treasury Department and the Secretary of the Navy when the Coast Guard is operating as a service in the Navy.' 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES General powers of Secretary, see section 92 of this title. Secretary of Navy, powers with respect to Coast Guard, see section 5013a of Title 10, Armed Forces. ------DocID 17076 Document 30 of 463------ -CITE- 14 USC CHAPTER 3 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- CHAPTER 3 - COMPOSITION AND ORGANIZATION -MISC1- Sec. 41. Grades and ratings. 41a. Active duty promotion list. 42. Number and distribution of commissioned officers. (43. Repealed.) 44. Commandant; appointment. (45. Repealed.) 46. Retirement of Commandant. 47. Vice Commandant; assignment; retirement. (48, 49. Repealed.) 50. Area Commanders. 51. Retirement. 52. Vice admirals, continuity of grade. AMENDMENTS 1982 - Pub. L. 97-322, title I, Sec. 115(a)(2), Oct. 15, 1982, 96 Stat. 1585, added item 52. 1972 - Pub. L. 92-451, Sec. 1(8), Oct. 2, 1972, 86 Stat. 756, substituted 'Vice Commandant' for 'Assistant Commandant' in item 47 and added items 50 and 51. 1963 - Pub. L. 88-130, Sec. 1(7), Sept. 24, 1963, 77 Stat. 175, added item 41a and struck out item 43. 1960 - Pub. L. 86-474, Sec. 1(8), May 14, 1960, 74 Stat. 145, substituted 'Assistant Commandant; assignment; retirement' for 'Assistant Commandant and Engineer in Chief; appointment' in item 47 and struck out items 45, 48, and 49. ------DocID 17077 Document 31 of 463------ -CITE- 14 USC Sec. 41 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 41. Grades and ratings -STATUTE- In the Coast Guard there shall be an admiral, vice admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2; cadets; warrant officers, W-1; and enlisted members. Enlisted members shall be distributed in ratings established by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; Aug. 10, 1956, ch. 1041, Sec. 6, 53, 70A Stat. 620, 679; May 14, 1960, Pub. L. 86-474, Sec. 1(1), 74 Stat. 144; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(1), 86 Stat. 755; Jan. 4, 1983, Pub. L. 97-417, Sec. 2(1), 96 Stat. 2085; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(B), (C), 98 Stat. 2865; Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 514(a)(2), 99 Stat. 628.) -MISC1- HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., Sec. 5, 9, 21 (Apr. 12, 1902, ch. 501, Sec. 1, 32 Stat. 100; Jan. 28, 1915, ch. 20, Sec. 2, 38 Stat. 801; May 18, 1920, ch. 190, Sec. 8, 41 Stat. 603; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 879; Jan. 12, 1923, ch. 25, Sec. 1, 2, 42 Stat. 1130; July 3, 1926, ch. 742, Sec. 3, 9, 10, 44 Stat. 815, 817). The grades of vice admiral and rear admiral are added to make provision for the commissioned officer personnel structure of the service as provided for in this revision. The entire rating structure for enlisted men is left to the administrative discretion of the Secretary, as in the past, for reasons of flexibility. The last two paragraphs of said section 5 are obsolete and have been omitted. Changes were made in phraseology. 81st Congress, House Report No. 557. 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 41 14:41. Aug. 4, 1949, ch. 393, Sec. 1(41), 63 Stat. 497. 34:135a(a) (less last May 29, 1954, ch. sentence, as 249, Sec. 3(a) (less applicable to 3d and last temporary sentences, as appointments). applicable to temporary appointments), 68 Stat. 157. ------------------------------- AMENDMENTS 1985 - Pub. L. 99-145 substituted 'rear admirals (lower half)' for 'commodores'. 1984 - Pub. L. 98-557 substituted 'members' for 'men' in two places. 1983 - Pub. L. 97-417 inserted 'commodores;' after 'rear admirals;'. 1972 - Pub. L. 92-451 substituted 'vice admirals' for 'a vice admiral'. 1960 - Pub. L. 86-474 inserted the grade of admiral. 1956 - Act Aug. 10, 1956, repealed and reenacted section by general amendment thereby substituting 'chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2' for 'commissioned warrant officers', and 'warrant officers, W-1' for 'warrant officers'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. -CROSS- CROSS REFERENCES Enlisted men, see section 350 et seq. of this title. Officers, see section 211 et seq. of this title. Pay and allowances of officers, see section 461 of this title. ------DocID 17078 Document 32 of 463------ -CITE- 14 USC Sec. 41a -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 41a. Active duty promotion list -STATUTE- (a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 679 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list. (b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade, except that the rear admiral serving as Chief of Staff shall be the senior rear admiral for all purposes other than pay. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error. (c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. (d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary. -SOURCE- (Added Pub. L. 88-130, Sec. 1(1), Sept. 24, 1963, 77 Stat. 174, and amended Pub. L. 91-278, Sec. 1(2), June 12, 1970, 84 Stat. 304; Pub. L. 93-174, Sec. 1(1), Dec. 5, 1973, 87 Stat. 692; Pub. L. 97-136, Sec. 6(a), Dec. 29, 1981, 95 Stat. 1706.) -MISC1- AMENDMENTS 1981 - Subsec. (a). Pub. L. 97-136, Sec. 6(a)(1), substituted 'Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 679 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not' for 'Retired officers and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components or assigned to the Selective Service System, shall'. Subsec. (b). Pub. L. 97-136, Sec. 6(a)(2), inserted exception that rear admiral serving as Chief of Staff shall be senior rear admiral for all purposes other than pay. Subsec. (d). Pub. L. 97-136, Sec. 6(a)(3), substituted 'enters on active duty' for 'enters on extended active duty'. 1973 - Subsec. (a). Pub. L. 93-174 substituted 'Retired officers and officers' for 'Retired officers, officers' and struck out ', and officers of the Women's Reserve' after 'Coast Guard Academy'. 1970 - Subsec. (a). Pub. L. 91-278 inserted 'or assigned to the Selective Service System' after 'components' in last sentence. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 770 of this title. ------DocID 17079 Document 33 of 463------ -CITE- 14 USC Sec. 42 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 42. Number and distribution of commissioned officers -STATUTE- (a) The total number of commissioned officers, excluding commissioned warrant officers, on active duty in the Coast Guard shall not exceed 6,000. (b) The commissioned officers on the active duty promotion list shall be distributed in grade in the following percentages, respectively: rear admiral 0.375; rear admiral (lower half) 0.375; captain 6.0; commander 12.0; lieutenant commander 18.0. The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce the percentage applicable to any grade above lieutenant commander, and in order to compensate for such reduction increase correspondingly the percentage applicable to any lower grade. (c) The Secretary shall, at least once each year, make a computation to determine the number of officers on the active duty promotion list authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. In making computations under this section the nearest whole number shall be regarded as the authorized number in any case where there is a fraction in the final result. (d) The numbers resulting from such computations shall be for all purposes the authorized number in each grade, except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason. (e) Officers who are not included on the active duty promotion list, officers serving as extra numbers in grade under sections 432 and 433 (FOOTNOTE 1) of this title, and officers serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 324(d) of title 49, shall not be counted in determining authorized strengths under subsection (c) and shall not count against those strengths. The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 497; July 20, 1956, ch. 647, Sec. 2, 70 Stat. 588; May 14, 1960, Pub. L. 86-474, Sec. 1(2), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(2), 77 Stat. 174; June 9, 1966, Pub. L. 89-444, Sec. 1(2), 80 Stat. 195; July 5, 1968, Pub. L. 90-385, 82 Stat. 293; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(2), 86 Stat. 755; Dec. 5, 1973, Pub. L. 93-174, Sec. 1(2), 87 Stat. 692; June 13, 1979, Pub. L. 96-23, Sec. 4, 93 Stat. 68; Jan. 4, 1983, Pub. L. 97-417, Sec. 2(2), 96 Stat. 2085; Jan. 12, 1983, Pub. L. 97-449, Sec. 5(b), 96 Stat. 2442; Oct. 30, 1984, Pub. L. 98-557, Sec. 25(a)(1), 98 Stat. 2872; Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 514(c)(1), 99 Stat. 629.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 6a (July 23, 1947, ch. 301, Sec. 1, 61 Stat. 409). The only change is in phraseology in the second sentence, it being necessary to include the extra numbers authorized by the act of July 23, 1947, in the figure given as the present number of extra numbers in the Coast Guard. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT Section 433 of this title, referred to in subsec. (e), was repealed by Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549. -MISC2- AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1984 - Subsec. (b). Pub. L. 98-557 substituted '0.375' for '.375' in two places. 1983 - Subsec. (b). Pub. L. 97-417 substituted '.375; commodore .375;' for '0.75;' after 'rear admiral'. Subsec. (e). Pub. L. 97-449 substituted 'section 324(d) of title 49' for 'section 9(d)(1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)'. 1979 - Subsec. (a). Pub. L. 96-23 substituted '6,000' for 'five thousand'. 1973 - Subsec. (e). Pub. L. 93-174 substituted 'Coast Guard Academy and of the' for 'Coast Guard Academy, of the' and struck out ', and of the Women's Reserve' after 'training and reserve components'. 1972 - Subsec. (e). Pub. L. 92-451 inserted provision that officers excluded under section 1657(d)(1) of Title 49 shall not be counted in determining authorized strengths. 1968 - Subsec. (a). Pub. L. 90-385 substituted 'five thousand' for 'four thousand'. 1966 - Subsec. (a). Pub. L. 89-444 substituted 'four thousand' for 'three thousand five hundred'. 1963 - Pub. L. 88-130 specified percentage of distribution of commissioned officers from rear admiral to lieutenant commander, authorized Secretary to prescribe percentages for lieutenant, lieutenant (junior grade), and ensign, required number in each grade to be computed by applying the applicable percentage to the total number of officers serving on active duty on the date the computation is made, provided that officers not on the active duty promotion list, officers serving as extra numbers in grade, and officers serving with other departments or agencies on a reimbursable basis shall not be counted in determining authorized strengths and that the number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy, of the Reserve, and of the Women's Reserve shall be prescribed by the Secretary, and struck out provisions which included in the number of commissioned officers the extra numbers in grade which increase the authorized number of line officers upon separation or retirement of the person holding such number, and the members of the permanent commissioned teaching staff of the Coast Guard Academy, distributed commissioned officers in grades in the same percentages as prescribed for the Navy, determined authorized number of officers in the various grades by the actual number on active duty, including permanent, temporary, and reserve officers, but not including extra numbers in the Coast Guard at the date of making the computation, and which provided that no officer be reduced in permanent grade or pay or removed from the active list as a result of any computation of the number of officers in grade. 1960 - Pub. L. 86-474 substituted 'three thousand five hundred' for 'three thousand'. 1956 - Act July 20, 1956, substituted 'three thousand' for 'two thousand two hundred and fifty' and inserted 'except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. -CROSS- CROSS REFERENCES Navy, distribution of commissioned officers, see section 521 et seq. of Title 10, Armed Forces. Professors of Coast Guard Academy, number and appointment, see sections 187, 188 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 271 of this title. ------DocID 17080 Document 34 of 463------ -CITE- 14 USC Sec. 43 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 43. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, provided for relative rank of commissioned officers with respect to Army and Navy officers. See section 741 of Title 10, Armed Forces. ------DocID 17081 Document 35 of 463------ -CITE- 14 USC Sec. 44 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 44. Commandant; appointment -STATUTE- The President may appoint, by and with the advice and consent of the Senate, one Commandant for a period of four years, who may be reappointed for further periods of four years, who shall act as Chief of the Coast Guard. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of captain who have completed at least ten years of active service as a commissioned officer in the Coast Guard. The Commandant while so serving shall have the grade of admiral. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 498; May 14, 1960, Pub. L. 86-474, Sec. 1(3), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(3), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(3), 80 Stat. 195; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(3), 86 Stat. 755.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 11 (Apr. 16, 1908, ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; Apr. 23, 1930, ch. 211, 46 Stat. 253; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246). Said section has been divided. The provisions of the first proviso are placed in section 45 of this title, and the remainder is placed in this section. The grade of the Commandant is fixed as vice admiral rather than that prescribed for Bureau Chiefs of the Navy. The additional qualifications that an officer appointed Commandant must have at least 10 years commissioned service in the Coast Guard has been inserted. 81st Congress, House Report No. 557. AMENDMENTS 1972 - Pub. L. 92-451 substituted 'above the grade of captain' for 'in the grade of captain or above' in second sentence. 1966 - Pub. L. 89-444 struck out provision that the position of an officer appointed Commandant be filled by promotion according to law. 1963 - Pub. L. 88-130 substituted 'officers on the active duty promotion list serving in the grade of' for 'active list of officers who hold a permanent commission as', required qualifying period of 10 years commissioned service to be 'active' service, and struck out ', pay, and allowances' before 'of admiral'. 1960 - Pub. L. 86-474 substituted 'active list of officers' for 'active list of line officers', 'captain or above' for 'commander or above', and 'allowances of admiral' for 'allowances of vice admiral'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES Section 2 of Pub. L. 86-474 provided that: 'The increased grade of admiral for the Commandant and vice admiral for the Assistant Commandant (now Vice Commandant), including the pay and allowances applicable to such grades, shall be effective on the first day of the month following enactment of this Act (May 14, 1960).' SAVINGS PROVISION Section 3 of Pub. L. 86-474 provided that: 'Except as provided by section 2 (set out as a note under this section), the amendments by section 1 (amending sections 41, 42, 44, 46, 47, 186 to 191, 222, 247(c), 365, and 462 of this title, and repealing sections 45, 48, and 49 of this title) shall not operate to change or deprive the present incumbents serving as Commandant, Assistant Commandant (now Vice Commandant), and Engineer in Chief of any rights, benefits and privileges appertaining to such offices on the day preceding the date of enactment of this Act (May 14, 1960), nor to divest them of their offices for the terms appointed.' -CROSS- CROSS REFERENCES General powers of Commandant, see section 93 of this title. ------DocID 17082 Document 36 of 463------ -CITE- 14 USC Sec. 45 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 45. Repealed. Pub. L. 86-474, Sec. 1(4), May 14, 1960, 74 Stat. 144) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 498, related to permanent grade of Commandant on expiration of term. ------DocID 17083 Document 37 of 463------ -CITE- 14 USC Sec. 46 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 46. Retirement of Commandant -STATUTE- (a) Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral. (b) A Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral. (c) An officer who is retired prior to the expiration of his term, while serving as Commandant, may, in the discretion of the President, be retired with the grade of admiral. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(5), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(4), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(4), (5), 80 Stat. 195; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(1), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(1), 100 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 161 (Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246). Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out 'and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' after 'admiral' in subsecs. (a) to (c). 1982 - Subsec. (a). Pub. L. 97-295 substituted 'Commandant' for 'commandant'. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(4), removed requirement that the Commandant serve 2 1/2 years as Commandant before being eligible for retirement with the grade of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant. Subsec. (d). Pub. L. 89-444, Sec. 1(5), repealed subsec. (d) which provided that a Commandant who retired within 2 1/2 years of the date of his original appointment as Commandant would retire in his permanent grade and with the retired pay of that grade. 1963 - Subsecs. (a) to (c). Pub. L. 88-130 substituted 'of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' for 'and retired pay of admiral'. 1960 - Pub. L. 86-474 authorized any Commandant who is not reappointed at the expiration of his term to be retired with the grade and retired pay of admiral, directed placement on the retired list with the grade and retired pay of admiral for a Commandant who is retired for physical disability, reduced from three to two and one-half years the period that the Commandant must serve before he may voluntarily apply retirement without regard to total length of service, and provided that any Commandant who retires within two and one-half years of the date of his original appointment as Commandant shall retire in his permanent grade and with the retired pay of that grade. ------DocID 17084 Document 38 of 463------ -CITE- 14 USC Sec. 47 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 47. Vice Commandant; assignment; retirement -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of a Vice Commandant shall be effective on the date the officer assumes such duty, and shall terminate on the date he is detached from such duty. (b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral. (d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(6), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(5), (6), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(6), (7), 80 Stat. 195; Oct. 2, 1972, Pub. L. 92-451, Sec. 1(4), 86 Stat. 755; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(2), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(2), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 11a, 12 (Apr. 16, 1908, ch. 145, Sec. 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; May 24, 1939, ch. 148, Sec. 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, Sec. 1(b), 3, 54 Stat. 246; July 23, 1947, ch. 301, Sec. 2, 61 Stat. 410; May 19, 1948, ch. 305, 62 Stat. 239). Said sections have been divided. The provisions of the proviso of title 14, U.S.C., 1946 ed., Sec. 11a, and the first proviso of title 14, U.S.C., 1946 ed., Sec. 12, are placed in section 48 of this title and the remainder is placed in this section. The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Subsecs. (b), (c). Pub. L. 99-348, Sec. 205(b)(2)(A), struck out 'and retired pay' after 'with the grade'. Subsec. (d). Pub. L. 99-348, Sec. 205(b)(2)(B), struck out 'and with the retired pay of that grade' after 'permanent grade'. 1982 - Subsec. (a). Pub. L. 97-295 substituted 'a' for 'an' before 'Vice Commandant'. 1972 - Subsec. (a). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' in four places, and 'above the grade of captain' for 'in the grade of captain or above' in second sentence. Subsec. (b). Pub. L. 92-451 substituted 'A Vice Commandant' for 'An Assistant Commandant'. Subsecs. (c), (d). Pub. L. 92-451 substituted 'Vice Commandant' for 'Assistant Commandant' wherever appearing. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(6), struck out requirement that Assistant Commandant serve 2 1/2 years as Assistant Commandant before becoming eligible for retirement with the grade and pay of vice admiral. Subsec. (d). Pub. L. 89-444, Sec. 1(7), struck out provision that section 334 of this title, which covers cases of retirement when a higher grade has been held, shall not apply to an officer retiring within 2 1/2 years of the date of his original assignment as Assistant Commandant. 1963 - Subsec. (a). Pub. L. 88-130, Sec. 1(5), substituted 'officers on the active duty promotion list serving in the grade of captain or above' for 'active list of officers who hold a permanent commission as captain or above'. Subsec. (d). Pub. L. 88-130, Sec. 1(6), substituted 'section 334' for 'section 243'. 1960 - Pub. L. 86-474 amended section generally, and, among other changes, required Assistant Commandant to be appointed from the active list of officers who hold a permanent commission as captain or above, raised grade of Assistant Commandant from rear admiral to vice admiral, increased his pay and allowances from that of a rear admiral (upper half) to that of a vice admiral, struck out provisions which related to an Engineer in Chief, and added subsecs. (b) to (d). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. EFFECTIVE DATE OF HIGHER GRADE AND INCREASED PAY AND ALLOWANCES The increased grade of vice admiral for the Vice Commandant, including the pay and allowances applicable to such grade, effective on the first day of the month following May 14, 1960, see section 2 of Pub. L. 86-474, set out as a note under section 44 of this title. ------DocID 17085 Document 39 of 463------ -CITE- 14 USC Sec. 48, 49 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74 Stat. 145) -MISC1- Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term. Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief. ------DocID 17086 Document 40 of 463------ -CITE- 14 USC Sec. 50 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 50. Area commanders -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commanders in his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed from officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendations for such appointments. (b) An area commander shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of an area commander is effective on the date the officer assumes that duty, and terminates on the date he is detached from that duty. -SOURCE- (Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755.) -MISC1- EFFECTIVE DATE Section effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as an Effective Date of 1972 Amendment note under section 290 of this title. ------DocID 17087 Document 41 of 463------ -CITE- 14 USC Sec. 51 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 51. Retirement -STATUTE- (a) An officer who, while serving as Commander, Atlantic Area, or Commander, Pacific Area, is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (b) An officer who is retired while serving as Commander, Atlantic Area, or Commander, Pacific Area, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade of vice admiral. (c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade. -SOURCE- (Added Pub. L. 92-451, Sec. 1(5), Oct. 2, 1972, 86 Stat. 755, and amended Pub. L. 99-348, title II, Sec. 205(b)(3), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 1986 - Subsecs. (a), (b). Pub. L. 99-348, Sec. 205(b)(3)(A), struck out 'and retired pay' after 'with the grade'. Subsec. (c). Pub. L. 99-348, Sec. 205(b)(3)(B), struck out 'and with the retired pay of that grade' after 'permanent grade'. EFFECTIVE DATE Section effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as an Effective Date of 1972 Amendment note under section 290 of this title. ------DocID 17088 Document 42 of 463------ -CITE- 14 USC Sec. 52 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 52. Vice admirals, continuity of grade -STATUTE- The continuity of an officer's precedence on the active duty promotion list, date of rank, grade, pay, and allowances as a vice admiral shall not be interrupted by the termination of an appointment for the purpose of reappointment to another position as a vice admiral or admiral. -SOURCE- (Added Pub. L. 97-322, title I, Sec. 115(a)(1), Oct. 15, 1982, 96 Stat. 1585, and amended Pub. L. 101-225, title II, Sec. 203(1), Dec. 12, 1989, 103 Stat. 1911.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-225 inserted 'or admiral' after 'position as a vice admiral'. ------DocID 17089 Document 43 of 463------ -CITE- 14 USC CHAPTER 5 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- CHAPTER 5 - FUNCTIONS AND POWERS -MISC1- Sec. 81. Aids to navigation authorized. 82. Cooperation with Administrator of the Federal Aviation Administration. 83. Unauthorized aids to maritime navigation; penalty. 84. Interference with aids to navigation; penalty. 85. Aids to maritime navigation; penalty. 86. Marking of obstructions. (87. Repealed.) 88. Saving life and property. 89. Law enforcement. 90. Ocean stations. 91. Safety of naval vessels. 92. Secretary; general powers. 93. Commandant; general powers. 94. Oceanographic research. 95. Civilian agents authorized to carry firearms. AMENDMENTS 1988 - Pub. L. 100-448, Sec. 10(b), Sept. 28, 1988, 102 Stat. 1842, added item 95. 1976 - Pub. L. 94-546, Sec. 1(5), (7), Oct. 18, 1976, 90 Stat. 2519, substituted 'Federal Aviation Administration' for 'Federal Aviation Agency' in item 82, and struck out item 87. 1974 - Pub. L. 93-283, Sec. 1(4), May 14, 1974, 88 Stat. 140, struck out 'on fixed structures' after 'maritime navigation' in item 85. 1961 - Pub. L. 87-396, Sec. 2, Oct. 5, 1961, 75 Stat. 827, added item 94. 1958 - Pub. L. 85-726, title XIV, Sec. 1404, Aug. 23, 1958, 72 Stat. 808, substituted 'Administrator of the Federal Aviation Agency' for 'Administrator of Civil Aeronautics' in item 82. 1956 - Act June 4, 1956, ch. 351, Sec. 3, 70 Stat. 227, substituted 'Aids to maritime navigation on fixed structures' for 'Failure to maintain lights' in item 85. ------DocID 17090 Document 44 of 463------ -CITE- 14 USC Sec. 81 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 81. Aids to navigation authorized -STATUTE- In order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, maintain, and operate: (1) aids to maritime navigation required to serve the needs of the armed forces or of the commerce of the United States; (2) aids to air navigation required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or the Secretary of any department within the Department of Defense and as required by any of those officials; and (3) electronic aids to navigation systems (a) required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or any department within the Department of Defense; or (b) required to serve the needs of the maritime commerce of the United States; or (c) required to serve the needs of the air commerce of the United States as requested by the Administrator of the Federal Aviation Administration. These aids to navigation other than electronic aids to navigation systems shall be established and operated only within the United States, the waters above the Continental Shelf, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and beyond the territorial jurisdiction of the United States at places where naval or military bases of the United States are or may be located. The Coast Guard may establish, maintain, and operate aids to maritime navigation under paragraph (1) of this section by contract with any person, public body, or instrumentality. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 500; June 22, 1951, ch. 150, 65 Stat. 89; Sept. 3, 1954, ch. 1263, Sec. 30, 68 Stat. 1237; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1404, 72 Stat. 808; Oct. 14, 1966, Pub. L. 89-662, Sec. 1, 80 Stat. 912; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(3), 90 Stat. 2519; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 105(a), 96 Stat. 1582.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed.; Sec. 50m, 50o, and on title 33, U.S.C., 1946 ed., Sec. 720, 720a, 739, 740, 740a, 740b, 769 (R.S. 4668; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 17, 1910, ch. 301, Sec. 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, Sec. 5, 38 Stat. 927; Aug. 28, 1916, ch. 414, Sec. 3, 39 Stat. 538; May 22, 1926, ch. 371, Sec. 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, Sec. 3, 45 Stat. 1262; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667; June 26, 1948, ch. 672, Sec. 1, 3, 62 Stat. 1050). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1982 - Pub. L. 97-322 authorized the Coast Guard to contractually establish, maintain, and operate aids to maritime navigation. 1976 - Pub. L. 94-546 substituted 'Federal Aviation Administration' for 'Federal Aviation Agency' in cl. (3)(c). 1966 - Pub. L. 89-662 expanded authorization for establishment, maintenance, and operation of aids to air navigation and electronic aids to navigation systems required to serve the needs of the armed forces to include needs peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or the Secretary of any department within the Department of Defense, substituted 'electronic aids to navigation systems' for 'Loran stations', and altered the list of locations where aids to navigation other than electronic aids to navigation could be located by adding the waters above the Continental Shelf and by striking out places where such aids to navigation had been established prior to June 26, 1948. 1958 - Pub. L. 85-726 substituted 'Administrator of the Federal Aviation Agency' for 'Administrator of Civil Aeronautics'. 1954 - Act Sept. 3, 1954, substituted 'Department of Defense' for 'National Military Establishment'. 1951 - Act June 22, 1951, extended Coast Guard's authority to include the Trust Territory of the Pacific Islands. EFFECTIVE DATE OF 1958 AMENDMENT Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72 Stat. 810, provided that the amendment made by Pub. L. 85-726 is effective on 60th day following date on which Administrator of Federal Aviation Agency (Federal Aviation Administration) first appointed under Pub. L. 85-726 qualifies and takes office. Administrator appointed, qualified, and took office on Oct. 31, 1958. REPORT TO CONGRESS; CONTRACTUAL AUTHORITY; INCREASE IN RATIO OF CIVILIAN TO MILITARY EMPLOYEES Section 105(b) of Pub. L. 97-322 provided that: 'Not later than one year after the date of enactment of this title (Oct. 15, 1982), the Secretary of the department in which the Coast Guard is operating shall submit a report to the Congress evaluating - '(1) the exercise by contract of the authority of the Coast Guard under section 81 of title 14, United States Code, to establish, maintain, and operate aids to navigation, including a discussion of any problems involved in exercising such authority by contract, the reasons for exercising or failing to exercise such authority by contract in particular areas, and the feasibility of expanding the exercise of such authority by contract; and '(2) the advantages and disadvantages of increasing the ratio of civilian to military employees assigned to the establishment, maintenance, and operation of aids to navigation on the inland waterways of the United States.' CONTRACTUAL AUTHORITY DEPENDENT UPON AVAILABILITY OF APPROPRIATED FUNDS Section 105(c) of Pub. L. 97-322 provided that: 'Any authority to enter into contracts provided in this section (amending this section and enacting provision set out as Report to Congress note under this section) shall be available only to the extent that appropriated funds are available for that purpose.' -EXEC- EX. ORD. NO. 7521. USE OF VESSELS FOR ICE-BREAKING OPERATIONS IN CHANNELS AND HARBORS Ex. Ord. No. 7521, Dec. 21, 1936, 1 F.R. 2527, provided: 1. The Coast Guard, operating under the direction of the Secretary of the Treasury, is hereby directed to assist in keeping open to navigation by means of ice-breaking operations, in so far as practicable and as the exigencies may require, channels and harbors in accordance with the reasonable demands of commerce; and to use for that purpose such vessels subject to its control and jurisdiction or which may be made available to it under paragraph 2 hereof as are necessary and are reasonably suitable for such operations. 2. The Secretary of War (Army), the Secretary of the Navy, and the Secretary of Commerce are hereby directed to cooperate with the Coast Guard in such ice-breaking operations, and to furnish the Coast Guard, upon the request of the Commandant thereof, for this service such vessels under their jurisdiction and control as in the opinion of the Commandant, with the concurrence of the head of the Department concerned, are available and are, or may readily be made, suitable for this service. -CROSS- CROSS REFERENCES Commandant, general powers, see section 93 of this title. Development and operation of aids to navigation, see section 2 of this title. Ice and derelict patrol, see section 738a of Title 46, Appendix, Shipping. Inland Navigational Rules, see section 2001 et seq. of Title 33, Navigation and Navigable Waters. Interference with aids to navigation; penalty, see section 84 of this title. Unauthorized aids to maritime navigation; penalty, see section 83 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 84 of this title. ------DocID 17091 Document 45 of 463------ -CITE- 14 USC Sec. 82 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 82. Cooperation with Administrator of the Federal Aviation Administration -STATUTE- The Coast Guard, in establishing, maintaining, or operating any aids to air navigation herein provided, shall solicit the cooperation of the Administrator of the Federal Aviation Administration to the end that the personnel and facilities of the Federal Aviation Administration will be utilized to the fullest possible advantage. Before locating and operating any such aid on military or naval bases or regions, the consent of the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as the case may be, shall first be obtained. No such aid shall be located within the territorial jurisdiction of any foreign country without the consent of the government thereof. Nothing in this title shall be deemed to limit the authority granted by the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.), or by the provisions of chapter 167 of title 10. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 500; Sept. 3, 1954, ch. 1263, Sec. 31, 68 Stat. 1237; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1404, 72 Stat. 808; Oct. 14, 1966, Pub. L. 89-662, Sec. 2, 80 Stat. 912; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(4), (5), 90 Stat. 2519; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(3), 96 Stat. 1301; Nov. 10, 1986, Pub. L. 99-640, Sec. 10(a)(3), 100 Stat. 3549.) -MISC1- HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., Sec. 50n (June 26, 1948, ch. 672, Sec. 2, 62 Stat. 1050). 81st Congress, House Report No. 557. 1982 ACT The citation '(49 U.S.C. 1301 et seq.)' is substituted for '(ch. 20 of title 49)' for consistency in title 14. The words 'chapter 167 of title 10' are substituted for 'sections 7392 and 7394 of title 10' to reflect the replacement of those sections by chapter 167 of title 10 under section 1(50) of the bill. -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in text, is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified principally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. -MISC2- AMENDMENTS 1986 - Pub. L. 99-640 substituted '(49 App. U.S.C. 1301 et seq.)' for ', as amended (49 U.S.C. 1301 et seq.)'. 1982 - Pub. L. 97-295 substituted '(49 U.S.C. 1301 et seq.)' for '(ch. 20 of title 49)' and 'chapter 167 of title 10' for 'sections 7392 and 7394 of title 10'. 1976 - Pub. L. 94-546, Sec. 1(5), substituted 'Federal Aviation Administration' for 'Federal Aviation Agency' in section catchline. Pub. L. 94-546, Sec. 1(4), substituted 'Federal Aviation Administration' for 'Federal Aviation Agency' wherever appearing in first sentence. 1966 - Pub. L. 89-662 substituted 'granted by the Federal Aviation Act of 1958, as amended (ch. 20 of title 49), or by the provisions of sections 7392 and 7394 of title 10' for 'granted by the provisions of section 458 of Title 5, or by section 475(e) of Title 49 or subchapter III of chapter 9 of that title'. 1958 - Pub. L. 85-726 substituted 'Administrator of the Federal Aviation Agency' for 'Administrator of Civil Aeronautics', and 'Federal Aviation Agency' for 'Civil Aeronautics Administration'. 1954 - Act Sept. 3, 1954, substituted 'section 175(e) of Title 49 or subchapter III of chapter 9 of that title' for 'sections 175(f) or 451 to 458 of Title 49'. EFFECTIVE DATE OF 1958 AMENDMENT Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72 Stat. 810, provided that the amendment made by Pub. L. 85-726 is effective on 60th day following date on which Administrator of Federal Aviation Agency (Federal Aviation Administration) first appointed under Pub. L. 85-726 qualifies and takes office. Administrator appointed, qualified, and took office on Oct. 31, 1958. -CROSS- CROSS REFERENCES Air navigational facilities on floating ocean stations, see section 90 of this title. ------DocID 17092 Document 46 of 463------ -CITE- 14 USC Sec. 83 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 83. Unauthorized aids to maritime navigation; penalty -STATUTE- No person, or public body, or instrumentality, excluding the armed services, shall establish, erect, or maintain any aid to maritime navigation in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States, without first obtaining authority to do so from the Coast Guard in accordance with applicable regulations. Whoever violates the provisions of this section or any of the regulations issued by the Secretary in accordance herewith shall be guilty of a misdemeanor and shall be fined not more than $100 for each offense. Each day during which such violation continues shall be considered as a new offense. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 500; May 14, 1974, Pub. L. 93-283, Sec. 1(1), 88 Stat. 139.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 759 (June 20, 1906, ch. 3447, Sec. 3, 34 Stat. 324; June 17, 1910, ch. 301, Sec. 6, 36 Stat. 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1939 Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1974 - Pub. L. 93-283 substituted 'maritime navigation in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States, without first obtaining authority' for 'maritime navigation without first obtaining authority'. -CROSS- CROSS REFERENCES Aids to navigation - Authorized, see section 81 of this title. Damages for injuring or destroying, deposit of payments, see section 642 of this title. Rewards for apprehension and conviction of persons interfering with, see section 643 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 84 of this title. ------DocID 17093 Document 47 of 463------ -CITE- 14 USC Sec. 84 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 84. Interference with aids to navigation; penalty -STATUTE- It shall be unlawful for any person, or public body, or instrumentality, excluding the armed forces, to remove, change the location of, obstruct, wilfully damage, make fast to, or interfere with any aid to navigation established, installed, operated, or maintained by the Coast Guard pursuant to section 81 of this title, or with any aid to navigation lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of this title, or to anchor any vessel in any of the navigable waters of the United States so as to obstruct or interfere with range lights maintained therein. Whoever violates the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day during which such violation shall continue shall be considered as a new offense. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 500.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946, ed., Sec. 761, 762 (May 14, 1908, ch. 168, Sec. 6, 35 Stat. 162; June 17, 1910, ch. 301, Sec. 6, 36 Stat. 538; Mar. 3, 1915, ch. 81, Sec. 8, 38 Stat. 928; 1939 Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432). Changes were made in phraseology. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Aids to navigation - Damages for injuring or destroying, deposit of payments, see section 642 of this title. Rewards for apprehension and conviction of persons interfering with, see section 643 of this title. ------DocID 17094 Document 48 of 463------ -CITE- 14 USC Sec. 85 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 85. Aids to maritime navigation; penalty -STATUTE- The Secretary shall prescribe and enforce necessary and reasonable rules and regulations, for the protection of marine navigation, relative to the establishment, maintenance, and operation of lights and other signals on fixed and floating structures in or over waters subject to the jurisdiction of the United States and in the high seas for structures owned or operated by persons subject to the jurisdiction of the United States. Any owner or operator of such a structure, excluding an agency of the United States, who violates any of the rules or regulations prescribed hereunder, commits a misdemeanor and shall be punished, upon conviction thereof, by a fine of not exceeding $100 for each day which such violation continues. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 501; June 4, 1956, ch. 351, Sec. 1, 70 Stat. 226; May 14, 1974, Pub. L. 93-283, Sec. 1(2), 88 Stat. 139.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 760 (May 14, 1908, ch. 168, Sec. 5, 35 Stat. 162). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1974 - Pub. L. 93-283 struck out 'on fixed structures' after 'maritime navigation' in section catchline and in text substituted 'fixed and floating structures in or over waters subject to the jurisdiction of the United States and in the high seas for structures owned or operated by persons subject to the jurisdiction of the United States' for 'fixed structures in or over navigable waters of the United States'. 1956 - Act June 4, 1956, amended section generally, vesting in Secretary rule-making authority, for the protection of maritime navigation, relative to the establishment, maintenance, and operation of lights and other signals on fixed structures in or over navigable waters of the United States, and excluding agencies of United States from its provisions. ------DocID 17095 Document 49 of 463------ -CITE- 14 USC Sec. 86 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 86. Marking of obstructions -STATUTE- The Secretary may mark for the protection of navigation any sunken vessel or other obstruction existing on the navigable waters or waters above the continental shelf of the United States in such manner and for so long as, in his judgment, the needs of maritime navigation require. The owner of such an obstruction shall be liable to the United States for the cost of such marking until such time as the obstruction is removed or its abandonment legally established or until such earlier time as the Secretary may determine. All moneys received by the United States from the owners of obstructions, in accordance with this section, shall be covered into the Treasury of the United States as miscellaneous receipts. This section shall not be construed so as to relieve the owner of any such obstruction from the duty and responsibility suitably to mark the same and remove it as required by law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 501; Sept. 17, 1965, Pub. L. 89-191, 79 Stat. 822; May 14, 1974, Pub. L. 93-283, Sec. 1(3), 88 Stat. 139.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 736 (R.S. 4676; June 17, 1910, ch. 301, Sec. 6, 36 Stat. 538; Aug. 16, 1937, ch. 665, Sec. 1, 50 Stat. 666; 1939 Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1974 - Pub. L. 93-283 substituted 'the navigable waters or waters above the continental shelf of the United States' for 'any navigable waters of the United States'. 1965 - Pub. L. 89-191 vested sole responsibility for wreck marking in the Coast Guard by giving the Secretary discretionary authority to mark wrecks or other similar obstructions for as long as in his judgment the needs of maritime navigation may require, by removing reference to responsibility of the Department of the Army to mark wrecks, after abandonment and before removal, and by giving the Secretary the authority to terminate an owner's liability to pay the cost of marking a wreck. ------DocID 17096 Document 50 of 463------ -CITE- 14 USC Sec. 87 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- (Sec. 87. Repealed. Pub. L. 94-546, Sec. 1(6), (7), Oct. 18, 1976, 90 Stat. 2519) -MISC1- Section, act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 501, related to color and numbering of buoys along coast, or in bays, harbors, sounds, or channels, as indicating whether such buoys were to be passed on the starboard or port hand and prescribed the coloring for buoys in channel ways. ------DocID 17097 Document 51 of 463------ -CITE- 14 USC Sec. 88 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 88. Saving life and property -STATUTE- (a) In order to render aid to distressed persons, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to persons and property imperiled by flood, the Coast Guard may: (1) perform any and all acts necessary to rescue and aid persons and protect and save property; (2) take charge of and protect all property saved from marine or aircraft disasters, or floods, at which the Coast Guard is present, until such property is claimed by persons legally authorized to receive it or until otherwise disposed of in accordance with law or applicable regulations, and care for bodies of those who may have perished in such catastrophes; (3) furnish clothing, food, lodging, medicines, and other necessary supplies and services to persons succored by the Coast Guard; and (4) destroy or tow into port sunken or floating dangers to navigation. (b)(1) Subject to paragraph (2), the Coast Guard may render aid to persons and protect and save property at any time and at any place at which Coast Guard facilities and personnel are available and can be effectively utilized. (2) The Commandant shall make full use of all available and qualified resources, including the Coast Guard Auxiliary and individuals licensed by the Secretary pursuant to section 8904(b) of title 46, United States Code, in rendering aid under this subsection in nonemergency cases. (c) An individual who knowingly and willfully communicates a false distress message to the Coast Guard or causes the Coast Guard to attempt to save lives and property when no help is needed is - (1) guilty of a class D felony; (2) subject to a civil penalty of not more than $5,000; and (3) liable for all costs the Coast Guard incurs as a result of the individual's action. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 501; June 12, 1970, Pub. L. 91-278, Sec. 1(3), 84 Stat. 304; Sept. 28, 1988, Pub. L. 100-448, Sec. 30(a), 102 Stat. 1849; Nov. 16, 1990, Pub. L. 101-595, title IV, Sec. 401, 104 Stat. 2989.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 14, U.S.C., 1946 ed., Sec. 29, 53, 55, 60, 61, 62, 63, 104, and title 34, U.S.C., 1946 ed., Sec. 471 (R.S. 1536, R.S. 2759; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; Apr. 19, 1906, ch. 1640, Sec. 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 24, 1914, ch. 124, 38 Stat. 387; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786). This section broadens existing law in that it authorizes the Coast Guard to engage in saving life and property in the broadest possible terms, without limitation as to place. This section reflects existing sentiment as to Coast Guard functions in relation to saving life and property. There is no intention to supersede or conflict with the present authority of the Civil Aeronautics Board to investigate certain aircraft wrecks. 81st Congress, House Report No. 557. AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-595 added subsec. (c). 1988 - Subsec. (b). Pub. L. 100-448 designated existing provisions as par. (1), substituted 'Subject to paragraph (2), the Coast Guard' for 'The Coast Guard', and added par. (2). 1970 - Subsec. (a). Pub. L. 91-278 substituted 'on and under the high seas and on and under the waters' for 'on the high seas and on waters' in introductory text. HELICOPTER RESCUE SWIMMING PROGRAM Pub. L. 98-557, Sec. 9, Oct. 30, 1984, 98 Stat. 2862, provided that: 'The Secretary of the department in which the Coast Guard is operating shall use such sums as are necessary, from amounts appropriated for the operation and maintenance of the Coast Guard, to establish a helicopter rescue swimming program for the purpose of training selected Coast Guard personnel in rescue swimming skills.' COAST GUARD POLICIES AND PROCEDURES FOR TOWING AND SALVAGE OF DISABLED VESSELS FOR MINIMIZATION OF COAST GUARD COMPETITION OR INTERFERENCE WITH COMMERCIAL ENTERPRISE Pub. L. 97-322, title I, Sec. 113, Oct. 15, 1982, 96 Stat. 1585, as amended by Pub. L. 100-448, Sec. 30(b), Sept. 28, 1988, 102 Stat. 1850, provided that: 'The Commandant of the Coast Guard shall review Coast Guard policies and procedures for towing and salvage of disabled vessels in order to further minimize the possibility of Coast Guard competition or interference (other than by the Coast Guard Auxiliary) with private towing activities or other commercial enterprise.' -CROSS- CROSS REFERENCES Clothing for destitute shipwrecked persons, see section 486 of this title. ------DocID 17098 Document 52 of 463------ -CITE- 14 USC Sec. 89 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 89. Law enforcement -STATUTE- (a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering a person liable to arrest is being, or has been committed, by any person, such person shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. (b) The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall: (1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and (2) be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law. (c) The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 3, 1950, ch. 536, Sec. 1, 64 Stat. 406.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 45-47, 51, 52, 66, 67, 104, and on title 33, U.S.C., 1946 ed., Sec. 755 (R.S. 2747, 2758, 2760, 2762; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; June 16, 1880, ch. 235, 21 Stat. 263; June 22, 1936, ch. 705, Sec. 1-3, 49 Stat. 1820; July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585). The words 'or such merchandise' are inserted in the last clause of subsection (a) in order to provide for situations where it may be desirable to seize merchandise without seizing the vessel. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1950 - Subsec. (a). Act Aug. 3, 1950, struck out 'to' before 'examine' in second sentence. ENHANCED DRUG-INTERDICTION ASSISTANCE Pub. L. 99-145, title XIV, Sec. 1421, Nov. 8, 1985, 99 Stat. 750, which required assignment of a member of the Coast Guard to each surface naval vessel at sea in a drug-interdiction area to perform law enforcement functions, was repealed by Pub. L. 99-570, title III, Sec. 3053(b)(3), Oct. 27, 1986, 100 Stat. 3207-76. See section 379 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES Enforcement of laws - Generally, see section 2 of this title. Customs laws, see section 143 of this title. Stopping vessels, immunity of Coast Guard officer, see section 637 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 973h, 1437; title 33 section 2605. ------DocID 17099 Document 53 of 463------ -CITE- 14 USC Sec. 90 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 90. Ocean stations -STATUTE- (a) The Coast Guard is authorized to operate and maintain floating ocean stations for the purpose of providing search and rescue, communication, and air navigation facilities, and meteorological services in such ocean areas as are regularly traversed by aircraft of the United States. (b) The Coast Guard is authorized, subject to approval by the Administrator of the Federal Aviation Administration, to operate, on floating ocean stations authorized herein, such air navigation facilities as the Administrator may find necessary or desirable for the safe and efficient protection and control of air traffic. The Coast Guard, in establishing, maintaining, or operating such air navigation facilities shall request the cooperation of the Administrator of the Federal Aviation Administration to the end that the personnel and facilities of the Federal Aviation Administration will be utilized to the fullest possible advantage. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1404, 72 Stat. 808; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(8), 90 Stat. 2519.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 50k, 50l (June 22, 1948, ch. 600, 62 Stat. 574). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Subsec. (b). Pub. L. 94-546 substituted 'Federal Aviation Administration' for 'Federal Aviation Agency' wherever appearing. 1958 - Subsec. (b). Pub. L. 85-726 substituted 'Administrator of the Federal Aviation Agency' for 'Administrator of Civil Aeronautics' in two places, and 'Federal Aviation Agency' for 'Civil Aeronautics Administration'. EFFECTIVE DATE OF 1958 AMENDMENT Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72 Stat. 810, provided that the amendment of this section by Pub. L. 85-726 shall be effective on the 60th day following the date on which the Administrator of the Federal Aviation Agency (now Federal Aviation Administration) first appointed under Pub. L. 85-726 qualifies and takes office. The Administrator was appointed, qualified, and took office on October 31, 1958. ------DocID 17100 Document 54 of 463------ -CITE- 14 USC Sec. 91 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 91. Safety of naval vessels -STATUTE- (a) The Secretary may control the anchorage and movement of any vessel in the navigable waters of the United States to ensure the safety or security of any United States naval vessel in those waters. (b) If the Secretary does not exercise the authority in subsection (a) of this section and immediate action is required, the senior naval officer present in command may control the anchorage or movement of any vessel in the navigable waters of the United States to ensure the safety and security of any United States naval vessel under the officer's command. (c) If a person violates, or a vessel is operated in violation of, this section or a regulation or order issued under this section, the person or vessel is subject to the enforcement provisions in section 13 of the Ports and Waterways Safety Act (33 U.S.C. 1232). -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 503; Nov. 10, 1986, Pub. L. 99-640, Sec. 10(a)(4), 100 Stat. 3549.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 48a (Nov. 15, 1941, ch. 471, Sec. 1, 55 Stat. 763). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-640 amended section generally. Prior to amendment, section read as follows: 'The captain of the port, Coast Guard district commander, or other officer of the Coast Guard designated by the Commandant thereof, or the Governor of the Panama Canal in the case of the territory and waters of the Canal Zone, shall so control the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, as to insure the safety or security of such United States naval vessels as may be present in his jurisdiction. In territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command.' ------DocID 17101 Document 55 of 463------ -CITE- 14 USC Sec. 92 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 92. Secretary; general powers -STATUTE- For the purpose of executing the duties and functions of the Coast Guard the Secretary may within the limits of appropriations made therefor: (a) establish, change the limits of, consolidate, discontinue, and re-establish Coast Guard districts; (b) arrange with the Secretaries of the Army, Navy and Air Force to assign members of the Coast Guard to any school maintained by the Army, Navy, and Air Force, for instruction and training, including aviation schools; (c) construct, or cause to be constructed, Coast Guard shore establishments; (d) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire vessels, and subject to applicable regulations under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) dispose of them; ((e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(32), 65 Stat. 702) (f) acquire land or interests in land, including acceptance of gifts thereof, where required for the purpose of carrying out any project or purpose for which an appropriation has been made; (g) exchange land or interests in land in part or in full payment for such other land or interests in land as may be necessary or desirable, the balance of such part payment to be defrayable in accordance with other provisions of this section; (h) exercise any of the powers vested by this title in the Commandant in any case in which the Secretary deems it appropriate; and (i) do any and all things necessary to carry out the purposes of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 503; Oct. 31, 1951, ch. 654, Sec. 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(4), 96 Stat. 1301; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES This section grants broad general powers concerning policy matters to the Secretary. Many of the powers are contained in existing law but some are enlarged and some additional powers are added as explained following. Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 95 (Aug. 29, 1916, ch. 417, 39 Stat. 601). Said section has been divided. The provision authorizing the Secretary to man stations seems more appropriately given to the operational head of the Service, the Commandant, and for that reason is incorporated in section 93(c) of this title. Subsection (b) is based on title 14, U.S.C., 1946 ed., Sec. 28, 42 (Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, Sec. 11, 44 Stat. 817). These sections were rewritten in order to broaden existing authority in regard to the training of Coast Guard personnel at schools of the other armed forces, thus approaching a practice of war time, and making for economy in the training of Service personnel; such training would be on a basis mutually satisfactory to the Secretaries involved. Subsection (c) is based on R.S. 4242 and on title 14, U.S.C., 1946 ed., Sec. 29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, Sec. 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940, ch. 257, Sec. 4, 54 Stat. 247; Aug. 6, 1947, ch. 502, 61 Stat. 786). This subsection broadens existing law in that it provides general legislative authority for the construction and disposal of shore establishments of all types including aviation stations. Subsection (d) is based in part on title 14, U.S.C., 1946 ed., Sec. 55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed., Sec. 487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This subsection broadens existing law in that it provides general legislative authority for the design, construction, acquisition by other means, and disposal of vessels. Subsection (e) is new. It is derived from title 14, U.S.C., 1946 ed., Sec. 31b (June 6, 1941, ch. 177, 55 Stat. 247 (which was originally repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583)) which provides for the exchange of vehicles, planes, and engines; similar authority in relation to vessels, is granted to the Secretary by this subsection and should prove advantageous to the Government. Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 96 and on title 33, U.S.C., 1946 ed., Sec. 729, 730, 731 (Mar. 3, 1875, ch. 130, Sec. 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17, 1910, ch. 301, Sec. 9, 36 Stat. 538; Mar. 4, 1913, ch. 168, 37 Stat. 1018). This subsection broadens the power of the Secretary to receive as a gift or purchase sites for stations, to include the acquisition of land by any means provided it is for the purpose of executing duties and functions of the Coast Guard. Subsection (g) is based in part on title 33, U.S.C., 1946 ed., Sec. 732 (Aug. 28, 1916, ch. 414, Sec. 2, 39 Stat. 538; July 11, 1941, ch. 290, Sec. 1, 55 Stat. 584) and grants authority to the Secretary to exchange interests in land as payment or part payment for other interests in land for the purpose of executing the duties and functions of the Coast Guard; this authority, on the basis of past experience, will prove advantageous to the Government. Subsection (h) is new and merely insures that the Secretary may exercise any of the powers granted to the Commandant in this title. Subsection (i) is based in part on title 14, U.S.C., 1946 ed., Sec. 51, 131 (R.S. 2756, 2758) and insures that the Secretary may do anything necessary to carry out the purposes of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men. 1982 - Subsec. (d). Pub. L. 97-295 substituted '(40 U.S.C. 471 et seq.)' for ', as amended,' after 'Act of 1949'. 1951 - Subsec. (c). Act Oct. 31, 1951, Sec. 3(3), struck out provision relating to sale or other disposition of unsuitable or unserviceable shore establishments, and disposition of the net monies received therefrom. Subsec. (d). Act Oct. 31, 1951, Sec. 2(9), inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, and struck out requirement that net monies received from the disposition of vessels be covered into the Treasury. Subsec. (e). Act Oct. 31, 1951, Sec. 1(32), repealed subsec. (e) which empowered the Secretary to exchange vessels and parts thereof in part payment for new vessels. COAST GUARD VESSEL DESIGN Pub. L. 101-380, title IV, Sec. 4203, Aug. 18, 1990, 104 Stat. 532, provided that: 'The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation.' AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM PILOT PROGRAM Pub. L. 101-225, title II, Sec. 204, Dec. 12, 1989, 103 Stat. 1911, provided that: '(a) In General. - The Secretary of the department in which the Coast Guard is operating (hereinafter in this section referred to as the 'Secretary') may carry out a pilot program to establish and maintain a junior reserve officers training program in cooperation with the Dade County Public School System of Dade County, Florida, as part of the Maritime and Science Technology Academy established by that school system (hereinafter in this section referred to as the 'Academy'). '(b) Program Requirements. - A pilot program carried out by the Secretary under this section - '(1) shall be known as the 'Claude Pepper Junior Reserve Officers Training Program', and '(2) shall provide to students at the Academy - '(A) instruction in subject areas relating to operations of the Coast Guard; and '(B) training in skills which are useful and appropriate for a career in the Coast Guard. '(c) Provision of Additional Support. - To carry out a pilot program under this section, the Secretary may provide to the Academy - '(1) assistance in course development, instruction, and other support activities; '(2) commissioned, warrant, and petty officers of the Coast Guard to serve as administrators and instructors; and '(3) necessary and appropriate course materials, equipment, and uniforms. '(d) Employment of Retired Coast Guard Personnel. - '(1) In general. - Subject to paragraph (2) of this subsection, the Secretary may authorize the Academy to employ as administrators and instructors for the pilot program retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers who request that employment and who are approved by the Secretary and the Academy. '(2) Authorized pay. - (A) Retired members employed under paragraph (1) of this subsection are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between - '(i) the amount the individual would be paid as pay and allowance if they were considered to have been ordered to active duty during that period of employment; and '(ii) the amount of retired pay the individual is entitled to receive during that period. '(B) The Secretary shall pay to the Academy an amount equal to one half of the amount described in subparagraph (A) of this paragraph, from funds appropriated for that purpose. '(C) Notwithstanding any other law, while employed under this subsection, an individual is not considered to be on active duty or inactive duty training.' CONSIDERATION OF MARITIME ADMINISTRATION VESSELS Pub. L. 101-225, title II, Sec. 213, Dec. 12, 1989, 103 Stat. 1914, provided that: 'Before acquiring a vessel for use by the Coast Guard, the Secretary of Transportation or the Commandant of the Coast Guard, as appropriate, shall review the inventory of vessels acquired by the Secretary or the Secretary of Commerce as the result of a default under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271-1279c), to determine whether any of those vessels are suitable for use by the Coast Guard.' LIFESAVING EQUIPMENT ON PASSENGER FERRIES Section 10 of Pub. L. 98-557 provided that: 'The Secretary of the department in which the Coast Guard is operating shall proceed vigorously with efforts to develop improved lifesaving equipment for use on passenger ferries.' LEASING OF EXISTING HOUSING FOR ASSIGNMENT AS PUBLIC QUARTERS TO MILITARY PERSONNEL AND DEPENDENTS Pub. L. 89-381, Sec. 2, Mar. 30, 1966, 80 Stat. 97, during fiscal years 1967 through and including 1968, authorized the Secretary of the Department in which the Coast Guard was operating to lease existing housing facilities at or near Coast Guard installations in the United States and Puerto Rico for assignment as public quarters to military personnel and their dependents. AIRCRAFT Provisions specifying the maximum number of aircraft on hand at any one time, exclusive of planes and parts stored to meet future attrition, were contained in the following appropriation acts: Nov. 5, 1990, Pub. L. 101-516, title I, 104 Stat. 2158. Nov. 21, 1989, Pub. L. 101-164, title I, 103 Stat. 1071. Sept. 30, 1988, Pub. L. 100-457, title I, 102 Stat. 2126. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(l) (title I), 101 Stat. 1329-358, 1329-359. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(l) (H.R. 5205, title I), 100 Stat. 1783-308, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(l), 100 Stat. 3341-308. Dec. 19, 1985, Pub. L. 99-190, Sec. 101(e) (title I), 99 Stat. 1267, 1269. Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(i) (title I), 98 Stat. 1944, 1945. Aug. 15, 1983, Pub. L. 98-78, title I, 97 Stat. 454. Dec. 18, 1982, Pub. L. 97-369, title I, 96 Stat. 1766. Dec. 23, 1981, Pub. L. 97-102, title I, 95 Stat. 1443. Oct. 9, 1980, Pub. L. 96-400, title I, 94 Stat. 1681. Nov. 30, 1979, Pub. L. 96-131, title I, 93 Stat. 1023. Aug. 4, 1978, Pub. L. 95-335, title I, 92 Stat. 435. Aug. 2, 1977, Pub. L. 95-85, title I, 91 Stat. 402. Aug. 14, 1976, Pub. L. 94-387, title I, 90 Stat. 1172. Nov. 24, 1975, Pub. L. 94-134, title I, 89 Stat. 696. Aug. 28, 1974, Pub. L. 93-391, title I, 88 Stat. 769. Aug. 16, 1973, Pub. L. 93-98, title I, 87 Stat. 330. Aug. 22, 1972, Pub. L. 93-398, title I, 86 Stat. 581. Aug. 10, 1971, Pub. L. 92-74, title I, 85 Stat. 202. Dec. 26, 1969, Pub. L. 91-168, title I, 83 Stat. 454. Aug. 8, 1968, Pub. L. 90-464, title I, 82 Stat. 654. Oct. 23, 1967, Pub. L. 90-112, title II, 81 Stat. 312. June 29, 1966, Pub. L. 89-474, title I, 80 Stat. 223. June 30, 1965, Pub. L. 89-57, title I, 79 Stat. 197. Aug. 1, 1964, Pub. L. 88-392, title I, 78 Stat. 369. June 13, 1963, Pub. L. 88-39, title I, 77 Stat. 59. Aug. 6, 1962, Pub. L. 87-575, title I, 76 Stat. 311. Aug. 21, 1961, Pub. L. 87-159, title I, 75 Stat. 395. June 30, 1960, Pub. L. 86-561, title I, 74 Stat. 285. June 11, 1959, Pub. L. 86-39, title I, 73 Stat. 67. Mar. 28, 1958, Pub. L. 85-354, title I, 72 Stat. 62. May 27, 1957, Pub. L. 85-37, title I, 71 Stat. 37. Apr. 2, 1956, ch. 161, title I, 70 Stat. 93. June 1, 1955, ch. 113, title I, 69 Stat. 74. May 28, 1954, ch. 242, title I, 68 Stat. 146. June 18, 1953, ch. 132, title I, 67 Stat. 69. June 30, 1952, ch. 523, title I, 66 Stat. 291. Aug. 11, 1951, ch. 301, title I, 65 Stat. 185. Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 639. June 30, 1949, ch. 286, title I, 63 Stat. 367. June 19, 1948, ch. 558, title I, 62 Stat. 563. July 1, 1947, ch. 186, title I, 61 Stat. 227. July 12, 1946, ch. 569, Sec. 1, 60 Stat. 531. APPROPRIATION AUTHORIZATION FOR CONSTRUCTION OF SHORE OR OFFSHORE ESTABLISHMENTS OR FOR PROCUREMENT OF VESSELS OR AIRCRAFT Pub. L. 88-45, Sec. 1, June 21, 1963, 77 Stat. 68, which provided that after fiscal year 1964, funds could not be appropriated to or for the use of the Coast Guard for the construction of shore or offshore establishments, or for the procurement of vessels or aircraft, unless the appropriation of such funds had been authorized by legislation enacted after Dec. 31, 1963, was repealed by Pub. L. 99-640, Sec. 10(a)(9), Nov. 10, 1986, 100 Stat. 3549. -CROSS- CROSS REFERENCES Acceptance of gifts to and administration of Coast Guard General Gift Fund, see section 2601 of Title 10, Armed Forces. Delegation of powers, see section 631 of this title. Proceeds from transfer, sale, etc., of property, see section 485 of Title 40, Public Buildings, Property, and Works. Regulations and orders, power to promulgate, see section 633 of this title. Report of expenditures and operations, see section 651 of this title. Secretary defined, see section 5 of this title. Supervision of Commandant's execution of powers and functions, see section 632 of this title. Warrant officers, appointment by Secretary, see section 213 of this title. ------DocID 17102 Document 56 of 463------ -CITE- 14 USC Sec. 93 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 93. Commandant; general powers -STATUTE- For the purpose of executing the duties and functions of the Coast Guard the Commandant may: (a) maintain water, land, and air patrols, and ice-breaking facilities; (b) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments; (c) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another; (d) conduct experiments, investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function and cooperate and coordinate such activities with other Government agencies and with private agencies; (e) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions; (f) collect, publish, and distribute information concerning Coast Guard operations; (g) conduct or make available to personnel of the Coast Guard such specialized training and courses of instruction, including correspondence courses, as may be necessary or desirable for the good of the service; (h) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) dispose of them; (i) acquire, accept as gift, maintain, repair, and discontinue aids to navigation, appliances, equipment, and supplies; (j) equip, operate, maintain, supply, and repair Coast Guard districts and shore establishments; ((k) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(33), 65 Stat. 702) (l) establish, equip, operate, and maintain shops, depots, and yards for the manufacture and construction of aids to navigation, equipment, apparatus, vessels, vehicles, and aircraft not normally or economically obtainable from private contractors, and for the maintenance and repair of any property used by the Coast Guard; (m) accept and utilize, in times of emergency in order to save life or protect property, such voluntary services as may be offered to the Coast Guard; (n) rent or lease, under such terms and conditions as are deemed advisable, for a period not exceeding five years, such real property under the control of the Coast Guard as may not be required for immediate use by the Coast Guard, the monies received from any such rental or lease, less amount of expenses incurred (exclusive of governmental personal services), to be deposited in the Treasury; (o) grant, under such terms and conditions as are deemed advisable, permits, licenses, easements, and rights-of-way over, across, in, and upon lands under the control of the Coast Guard when in the public interest and without substantially injuring the interests of the United States in the property thereby affected; (p) establish, install, abandon, re-establish, reroute, operate, maintain, repair, purchase, or lease such telephone and telegraph lines and cables, together with all facilities, apparatus, equipment, structures, appurtenances, accessories, and supplies used or useful in connection with the installation, operation, maintenance, or repair of such lines and cables, including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration, and acquire such real property rights of way, easements, or attachment privileges as may be required for the installation, operation, and maintenance of such lines, cables, and equipment; (q) establish, install, abandon, reestablish, change the location of, operate, maintain, and repair radio transmitting and receiving stations; and (r) provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 504; Aug. 3, 1950, ch. 536, Sec. 2, 64 Stat. 406; Oct. 31, 1951, ch. 654, Sec. 1(33), 2(10), 4(1), 65 Stat. 702, 707, 709; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(9), 90 Stat. 2519; Dec. 29, 1981, Pub. L. 97-136, Sec. 6(d), 95 Stat. 1706; Oct. 2, 1982, Pub. L. 97-276, Sec. 143, 96 Stat. 1199; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(4), 96 Stat. 1301; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 115(c), 96 Stat. 1586.) -MISC1- HISTORICAL AND REVISION NOTES This section grants powers to the Commandant concerning, in general, operations within the Service and the internal functioning of the Service. Many of the powers are contained in existing law, but some are enlarged, and some additional powers are added as explained following. Subsection (a) is derived from title 14, U.S.C., 1946 ed., Sec. 53, and title 34, U.S.C., 1946 ed., Sec. 471 (R.S. 1536). The authority to order vessels to cruise along the coasts should be in the operational head of the Service, and not in the President. This section is changed to cover adequately the necessary present day cruising and patrolling. Subsection (b) is derived from R.S. 4242 and title 14, U.S.C., 1946 ed., Sec. 29, 93, 94, 95, 97, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, Sec. 2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch. 257, Sec. 4, 54 Stat. 247), and specifically grants to the Commandant authority in regard to the establishment, discontinuance, and change of Coast Guard shore establishments other than Coast Guard districts. This power must exist inherently in order for the Service to function efficiently. Subsection (c) is derived from title 14, U.S.C., 1946 ed., Sec. 54, 97, 112 (May 4, 1882, ch. 117, Sec. 3, 22 Stat. 56; May 30, 1908, ch. 231, 35 Stat. 553; Apr. 21, 1910, ch. 182, Sec. 2, 36 Stat. 326), and specifically grants to the Commandant authority in regard to the assignment of vessels, vehicles, aids to navigation, and other equipment. This power is inherent to the proper functioning of any Service. Subsection (d) is based on title 14, U.S.C., 1946 ed., Sec. 91 (June 18, 1878, ch. 265, Sec. 7, 20 Stat. 164; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24; July 3, 1926, ch. 742, Sec. 9, 44 Stat. 817). Said section has been divided. The part dealing with investigation of plans and inventions is covered in this subsection in broader terms, and the other parts are covered in general terms in section 632 of this title. Subsection (e) is based on title 14, U.S.C., 1946 ed., Sec. 111 (June 18, 1878, ch. 265, Sec. 9, 20 Stat. 164). This section has been rewritten to broaden the authority to include any investigation or study that may be of assistance to the Coast Guard, the limitation as to investigation of shipwrecks having been eliminated. Subsection (f) is new and is intended to give legislative recognition to the importance of disseminating information by the Coast Guard for the promotion of safety at sea, life-saving techniques, and other Coast Guard activities. Subsection (g) is new and provides for the training of Coast Guard personnel at other than schools or institutions of the other armed forces. Such training is essential and has been carried on under the authority of appropriation acts for many years. Subsection (h) is based in part on title 14, U.S.C., 1946 ed., Sec. 69, 108, 109, (R.S. 2748; June 20, 1874, ch. 344, Sec. 9, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163), and is intended to complement the authority granted to the Secretary in sec. 92(d) of this title granting similar authority to the Commandant as to smaller craft. Subsection (i) is based in part on title 14, U.S.C., Sec. 108, 109, and on title 33, U.S.C., 1946 ed., Sec. 752 (June 20, 1874, ch. 344, Sec. 9, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163; Mar. 4, 1913, ch. 168, 37 Stat. 10183, and grants power to the Commandant to acquire and dispose of various equipment and supplies. The authority with respect to the acceptance of such equipment as a gift is new. Subsection (j) is new and grants power to the Commandant to operate and maintain shore establishments; previously such authority has been inferred from statutes providing for the establishment of shore stations; again such authority is inherent to the functioning of any Service, and this section will provide no greater authority than has been exercised in the past. Subsection (k) is based on title 14, U.S.C., 1946 ed., Sec. 31b (June 6, 1941, ch. 177, 55 Stat. 247 (which was originally repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583)). The primary authority is granted to the Commandant as well as to the Secretary inasmuch as such exchange seems to be an operational matter and the items which may be exchanged have been enlarged by the addition of aids to navigation, appliances, equipment, and supplies. Inasmuch as the act cited above applies to the Navy as well as the Coast Guard it is not scheduled for repeal but is being amended by section 13 of this act to eliminate reference to the Coast Guard. Subsection (l) is new and is deemed desirable in order to give legislative authority for existing yards, and for the procurement of needed equipment and material in case such is not normally or economically obtainable from private contractors. Subsection (m) is based on title 14, U.S.C., 1946 ed., Sec. 110, 192 (June 20, 1874, ch. 344, Sec. 6, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 10, 20 Stat. 165; July 3, 1926, ch. 742, Sec. 9, 44 Stat. 817). The power to accept volunteer services is enlarged to include all services offered in time of emergency, to save life or protect property, and the restrictive provisions relating to lifeboat stations only have been eliminated. Subsection (n) is new and grants authority to the Commandant to lease real property under the control of the Coast Guard, when not immediately needed in Coast Guard operations. Such authority will be advantageous to the Government, on the basis of past experience. Subsection (o) is new and is supplementary to subsection (n) of this section. It grants further authority to the Commandant permitting him to grant minor interests in land which is under control of the Coast Guard. This will avoid the necessity of special acts of Congress in each of such instances. Subsection (p) is new and is necessary to give proper authority for the maintenance of networks of wires and cables, in some cases over or along private property or public highways. These networks are in existence at the present time and are essential for the Service to carry out its functions. Subsection (q) is new and is necessary in order to provide clear authority for the maintenance of radio stations which are essential to Coast Guard functions. Changes were made in phraseology. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (h), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, and Tables. -MISC2- AMENDMENTS 1982 - Subsec. (h). Pub. L. 97-295 substituted '(40 U.S.C. 471 et seq.)' for ', as amended,' after 'Act of 1949'. Subsec. (r). Pub. L. 97-276 and Pub. L. 97-322 made identical amendments adding subsec. (r) relating to medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities. 1981 - Subsec. (p). Pub. L. 97-136, inserted 'including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration,' after 'of such lines and cables,'. 1976 - Subsec. (n). Pub. L. 94-546 substituted 'to be deposited in the Treasury' for 'to be covered into the Treasury'. 1951 - Subsec. (h). Act Oct. 31, 1951, Sec. 2(10), inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, and struck out the requirement that net monies received from the disposition of patrol boats, etc., be covered into the Treasury. Subsec. (i). Act Oct. 31, 1951, Sec. 4(1), inserted provision permitting discontinuance of aids to navigation, etc., and struck out provision permitting discontinuance or other disposition of obsolete, unsuitable, or unserviceable aids to navigation, etc., and the requirement that the net monies received from such disposition be covered into the Treasury. Subsec. (k). Act Oct. 31, 1951, Sec. 1(33), repealed subsec. (k) which empowered the Commandant to exchange aircraft, vehicles, and parts thereof, and obsolete, unsuitable, or unserviceable machines, tools, aids to navigation, appliances, equipment, and supplies in part payment for new items of the same or similar character. 1950 - Subsec. (o). Act Aug. 3, 1950, struck out 'and' after the semicolon. Subsec. (p). Act Aug. 3, 1950, substituted '; and' for the period at end. -CROSS- CROSS REFERENCES Advancements and allotments to seamen, enforcement of law, see sections 10314, 10315, 10505, 10506 of Title 46, Shipping. Anchorage grounds, marking, see section 472 of Title 33, Navigation and Navigable Waters. Annual report to Congress, see section 651 of this title. Appeal from certificate of complement of officers and crew, see section 8101 of Title 46, Shipping. Appointment, see section 44 of this title. Assignment of personnel to duty, see section 632 of this title. Coast Guard Academy, appointment of superintendent, see section 181 of this title. Coast Guard Auxiliary, administration, see section 821 of this title. Execution of powers and functions, see section 632 of this title. Flag officers, responsibility for reserve affairs to Commandant, see section 264 of Title 10, Armed Forces. Inspection laws, see section 3301 et seq. of Title 46, Shipping. Issuance of certificates of convention radio particulars to vessels, see section 359 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Personal money allowances, see section 414 of Title 37, Pay and Allowances of the Uniformed Services. Proceeds from transfer, sale, etc., of property, see section 485 of Title 40, Public Buildings, Property, and Works. Procurement of all supplies and services, see section 2301 et seq. of Title 10, Armed Forces. Retirement, see section 46 of this title. Suspension or revocation of license, certificate of registry, or merchant mariners' document, see section 7702 of Title 46, Shipping. ------DocID 17103 Document 57 of 463------ -CITE- 14 USC Sec. 94 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 94. Oceanographic research -STATUTE- The Coast Guard shall conduct such oceanographic research, use such equipment or instruments, and collect and analyze such oceanographic data, in cooperation with other agencies of the Government, or not, as may be in the national interest. -SOURCE- (Added Pub. L. 87-396, Sec. 1, Oct. 5, 1961, 75 Stat. 827.) ------DocID 17104 Document 58 of 463------ -CITE- 14 USC Sec. 95 -EXPCITE- TITLE 14 PART I CHAPTER 5 -HEAD- Sec. 95. Civilian agents authorized to carry firearms -STATUTE- Under regulations prescribed by the Secretary with the approval of the Attorney General, civilian special agents of the Coast Guard may carry firearms or other appropriate weapons while assigned to official investigative or law enforcement duties. -SOURCE- (Added Pub. L. 100-448, Sec. 10(a), Sept. 28, 1988, 102 Stat. 1842.) ------DocID 17105 Document 59 of 463------ -CITE- 14 USC CHAPTER 7 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- CHAPTER 7 - COOPERATION WITH OTHER AGENCIES -MISC1- Sec. 141. General. 142. State Department. 143. Treasury Department. 144. Department of the Army and Department of the Air Force. 145. Navy Department. 146. United States Postal Service. 147. Department of Commerce. 147a. Department of Health and Human Services. 148. Maritime instruction. 149. Detail of members to assist foreign governments. 150. Coast Guard officers as attaches to missions. 151. Contracts with Government-owned establishments for work and material. HISTORICAL AND REVISION NOTES In connection with its maritime police, promoting safety of life and property at sea, and aiding navigation functions, the Coast Guard frequently finds it advisable to utilize the services of other agencies and correlatively, frequently finds its facilities useful to other agencies. This high degree of cooperation, a natural attribute of a producing and servicing agency, is important not only because it greatly promotes the quantity and quality of the services performed, but because the concentration of these functions in one agency results in savings to the Government of man-power, funds, and equipment. In the belief that legislative recognition of and specific power to continue this needed cooperation are desirable, Chapter 7 of this title contains a group of sections on cooperation with designated agencies. This is not meant to be a complete listing of cooperating agencies, but rather the designation of the principal ones. In addition, the first section of the chapter deals with availability of Coast Guard personnel and facilities to other agencies and the availability of other agency personnel and facilities to the Coast Guard. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557, Sec. 15(a)(4)(A)(ii), Oct. 30, 1984, 98 Stat. 2865, substituted 'members' for 'officers and men' in item 149. 1982 - Pub. L. 97-295, Sec. 2(6)(B), Oct. 12, 1982, 96 Stat. 1301, added item 147a. 1976 - Pub. L. 94-546, Sec. 1(12), Oct. 18, 1976, 90 Stat. 2519, substituted 'United States Postal Service' for 'Post Office Department' in item 146. ------DocID 17106 Document 60 of 463------ -CITE- 14 USC Sec. 141 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 141. General -STATUTE- (a) The Coast Guard may, when so requested by proper authority, utilize its personnel and facilities to assist any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia, to perform any activity for which such personnel and facilities are especially qualified. (b) The Coast Guard, with the consent of the head of the agency concerned, may avail itself of such officers and employees, advice, information, and facilities of any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia as may be helpful in the performance of its duties. In connection with the utilization of personal services of employees of state or local governments, the Coast Guard may make payments for necessary traveling and per diem expenses as prescribed for Federal employees by the standardized Government travel regulations. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 505.) -MISC1- HISTORICAL AND REVISION NOTES This section is based in part on title 33, U.S.C., 1946 ed., Sec. 756 (Mar. 3, 1915, ch. 81, Sec. 6, 38 Stat. 928), and authorizes the Coast Guard to use its personnel and facilities to assist other Government agencies when requested and, correlatively, authorizes the Coast Guard to utilize the personnel and facilities of other agencies. It is believed desirable to have this authority spelled out by statute because in times of emergency, for example floods, it sometimes becomes most advantageous to cooperate in this manner. 81st Congress, House Report No. 557. MEDICAL EMERGENCY HELICOPTER TRANSPORTATION SERVICES TO CIVILIANS; AUTHORIZATION TO COAST GUARD COMMANDANT Pub. L. 95-61, Sec. 8, July 1, 1977, 91 Stat. 260, which authorized Coast Guard to assist Department of Health, Education, and Welfare in providing medical emergency helicopter services to civilians, if assistance was provided in areas of regular Coast Guard unit assignment, did not interfere with Coast Guard mission, or increase required Coast Guard operating funds, and further providing that no individual (or his estate) operating within scope of his duties under this section's program would be civilly liable for damage caused incident thereto, was repealed and reenacted as section 147a of this title by Pub. L. 97-295, Sec. 2(6)(A), 6(b), Oct. 12, 1982, 96 Stat. 1301, 1314. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 13109. ------DocID 17107 Document 61 of 463------ -CITE- 14 USC Sec. 142 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 142. State Department -STATUTE- The Coast Guard, through the Secretary, may exchange information, through the Secretary of State, with foreign governments and suggest to the Secretary of State international collaboration and conferences on all matters dealing with the safety of life and property at sea, other than radio communication. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 505.) -MISC1- HISTORICAL AND REVISION NOTES Because of the numerous situations in which it is necessary for the Coast Guard to deal with foreign governments, particularly in the field of safety of life and property at sea, the Coast Guard and the State Department agree that a provision such as this is desirable. The international character of many Coast Guard functions makes it more and more necessary for the Service to be an initiating or participating agency in international collaboration. Examples of international meetings concerned with matters affecting the Coast Guard include those which dealt with the International Rules of the Road, international load lines, the International Code of Signals, safety at sea, and international telecommunications. It is highly desirable that there be a clear-cut legislative expression of Coast Guard cooperation with the State Department on proposed international conferences dealing with various phases of Coast Guard activities, such as aids to navigation, life-saving equipment, navigation and communication equipment other than radio communication, regulation of dangerous cargoes, international rules of the road, safety requirements and equipment of transoceanic aircraft and vessels, and safe manning standards and efficiency of personnel employed on transoceanic aircraft and vessels. Provisions for similar relationship between the Civil Aeronautical Board and the State Department appear in the act of June 23, 1938, as amended, 52 Stat. 984 (title 49, U.S.C., 1946 ed., Sec. 425(c), 602). 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Coast Guard officers as attaches to missions, see section 150 of this title. Detail of officers and men to assist foreign governments, see section 149 of this title. ------DocID 17108 Document 62 of 463------ -CITE- 14 USC Sec. 143 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 143. Treasury Department -STATUTE- Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs and when so acting shall, insofar as performance of the duties relating to customs laws are concerned, be subject to regulations issued by the Secretary of the Treasury governing officers of the customs. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 506.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 19, U.S.C., 1946 ed., Sec. 1401(l), 1709(b) (Aug. 5, 1935, ch. 435, title II, Sec. 201, 49 Stat. 521; Aug. 5, 1935, ch. 438, title IV, Sec. 401, 49 Stat. 529). This section will not repeal the sections cited above, but makes further provision that Coast Guard personnel when acting as officers of the customs shall, insofar as enforcing customs laws are concerned, be subject to regulations governing regular officers of the customs. 81st Congress, House Report No. 557. ------DocID 17109 Document 63 of 463------ -CITE- 14 USC Sec. 144 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 144. Department of the Army and Department of the Air Force -STATUTE- (a) The Secretary of the Army or the Secretary of the Air Force at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed, receive members of the Coast Guard for instruction in any school, including any aviation school, maintained by the Army or the Air Force, and such members shall be subject to the regulations governing such schools. (b) Officers and enlisted men of the Coast Guard shall be permitted to purchase quartermaster supplies from the Army at the same price as is charged the officers and enlisted men of the Army. (c) Articles of ordnance property may be sold by the Secretary of the Army to officers of the Coast Guard for their use in the public service in the same manner as these articles are sold to officers of the Army. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 506; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(10), 90 Stat. 2519; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 28 (Aug. 29, 1916, ch. 417, 39 Stat. 601). Section has been enlarged to include the Air Force as well as the Army, and to include all schools maintained by the Army or Air Force, rather than aviation schools only. Reimbursement is made optional depending upon agreement of the Secretaries. Subsection (b) is based on title 14, U.S.C., 1946 ed., Sec. 31 (Mar. 6, 1920, ch. 94, Sec. 1, 41 Stat. 506). Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 31a (Mar. 3, 1909, ch. 252, 35 Stat. 751; Apr. 15, 1937, ch. 101, 50 Stat. 65). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men in two places. 1976 - Subsec. (a). Pub. L. 94-546, Sec. 1(10)(a), substituted 'at the request of the Secretary' for 'at the request of the Secretary of the Treasury'. Subsec. (c). Pub. L. 94-546, Sec. 1(10)(b), substituted 'Secretary of the Army' for 'Chief of Ordnance'. -CROSS- CROSS REFERENCES Interchange of supplies between Army, Navy, and Coast Guard, see section 2571 of Title 10, Armed Forces. ------DocID 17110 Document 64 of 463------ -CITE- 14 USC Sec. 145 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 145. Navy Department -STATUTE- (a) The Secretary of the Navy, at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed: (1) build any vessel for the Coast Guard at such Navy yards as the Secretary of the Navy may designate; (2) receive members of the Coast Guard for instruction in any school, including any aviation school maintained by the Navy, and such members shall be subject to the regulations governing such schools; and (3) permit personnel of the Coast Guard and their dependents to occupy any public quarters maintained by the Navy and available for the purpose. (b) Officers and enlisted men of the Coast Guard shall be permitted to purchase quartermaster supplies from the Navy and the Marine Corps at the same price as is charged the officers and enlisted men of the Navy and Marine Corps. (c) When the Coast Guard is operating in the Department of Transportation, the Secretary shall provide for such peacetime training and planning of reserve strength and facilities as is necessary to insure an organized, manned, and equipped Coast Guard when it is required for wartime operation in the Navy. To this end, the Secretary of the Navy for the Navy, and the Secretary of Transportation, for the Coast Guard, may from time to time exchange such information, make available to each other such personnel, vessels, facilities, and equipment, and agree to undertake such assignments and functions for each other as they may agree are necessary and advisable. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 506; Aug. 3, 1950, ch. 536, Sec. 3, 64 Stat. 406; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(11), 90 Stat. 2519; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 28, 42, 57 (Aug. 29, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, Sec. 11, 44 Stat. 817.) Subsection is enlarged to make reimbursement for the building of ships or the training of personnel dependent on agreement of the Secretaries, and to include all schools operated by the Navy, rather than aviation schools only. Subsection (b) is based on title 14, U.S.C., 1946 ed., Sec. 31 (Mar. 6, 1920, ch. 94, Sec. 1, 41 Stat. 506). Subsection (c) is new. This subsection enacts what has been the practice of the Navy and Coast Guard in keeping the Coast Guard trained to 'come on board with some muscle' in time of emergency. Section 3 of this title deals with the relationship of the Coast Guard to the Navy Department. This section deals with cooperation with the Navy. Whereas the status of the Coast Guard in time of war was treated in chapter 1 of this title, this section has application in time of peace when the Coast Guard is not under the Navy Department. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Subsec. (a)(2). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men in two places. 1976 - Subsec. (a). Pub. L. 94-546, Sec. 1(11)(a), substituted 'at the request of the Secretary' for 'at the request of the Secretary of the Treasury'. Subsec. (c). Pub. L. 94-546, Sec. 1(11)(b), substituted in first sentence 'Department of Transportation' for 'Treasury Department' and in second sentence 'Secretary of Transportation' for 'Secretary of the Treasury'. 1950 - Subsec. (a)(3). Act Aug. 3, 1950, added par. (3). -CROSS- CROSS REFERENCES Interchange of supplies between Army, Navy, and Coast Guard, see section 2571 of Title 10, Armed Forces. ------DocID 17111 Document 65 of 463------ -CITE- 14 USC Sec. 146 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 146. United States Postal Service -STATUTE- Coast Guard facilities and personnel may be utilized for the transportation and delivery of mail matter during emergency conditions or at isolated locations under such arrangements as may be satisfactory to the Secretary and the United States Postal Service. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 506; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(12), 90 Stat. 2519; Nov. 10, 1986, Pub. L. 99-640, Sec. 10(a)(5), 100 Stat. 3549.) -MISC1- HISTORICAL AND REVISION NOTES This section provides generally for what has been the practice between the Coast Guard and the Post Office Department in Alaska for years. The authorization is limited to emergency conditions or isolated locations. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-640 substituted 'United States Postal Service' for 'Postmaster General'. 1976 - Pub. L. 94-546 substituted 'United States Postal Service' for 'Post Office Department' in section catchline. ------DocID 17112 Document 66 of 463------ -CITE- 14 USC Sec. 147 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 147. Department of Commerce -STATUTE- In order to promote the safety of life and property on and over the high seas and waters over which the United States has jurisdiction, and to facilitate the preparation and dissemination by the National Oceanic and Atmospheric Administration of the weather reports, forecasts, and warnings essential to the safe and efficient conduct of domestic and international commerce on and over such seas and waters, the Commandant may cooperate with the Administrator, National Oceanic and Atmospheric Administration by procuring, maintaining, and making available, facilities and assistance for observing, investigating, and communicating weather phenomena and for disseminating weather data, forecasts and warnings, the mutually satisfactory terms of such cooperation in weather service to be agreed upon and arranged between the Commandant and the Administrator, National Oceanic and Atmospheric Administration. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 507; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(13), 90 Stat. 2520; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(5), 96 Stat. 1301.) -MISC1- HISTORICAL AND REVISION NOTES This section outlines the sphere of cooperation between the Weather Bureau and the Coast Guard. It would not permit any cooperation that has not been carried on in the past. Although the Coast Guard has always cooperated closely with the Weather Bureau, positive recognition of this has never appeared in the statutes. In its patrol, its aiding navigation, and its life saving activities, the Coast Guard finds it important to make, receive and transmit weather observations and measurements. Furthermore, with the advent of war, weather reporting, particularly mid-Atlantic weather patrol work, assumed increasing importance, and this extensive weather station manning in cooperation with the Weather Bureau must be provided for in the postwar period. This section providing for such close cooperation with the Weather Bureau in weather reporting would crystallize the cooperative practices of the two agencies as they have operated for years. 81st Congress, House Report No. 557. AMENDMENTS 1982 - Pub. L. 97-295 substituted 'Administration' for 'Admministration' after 'Atmospheric'. 1976 - Pub. L. 94-546 substituted references to the National Oceanic and Atmospheric Administration and to the Administrator, National Oceanic and Atmospheric Administration for references to the Weather Bureau and to the Chief of the Weather Bureau. ------DocID 17113 Document 67 of 463------ -CITE- 14 USC Sec. 147a -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 147a. Department of Health and Human Services -STATUTE- (a) The Commandant may assist the Secretary of Health and Human Services in providing medical emergency helicopter transportation services to civilians. The Commandant may prescribe conditions, including reimbursement, under which resources may be provided under this section. The following specific limitations apply to assistance provided under this section: (1) Assistance may be provided only in areas where Coast Guard units able to provide the assistance are regularly assigned. Coast Guard units may not be transferred from one area to another to provide the assistance. (2) Assistance may be provided only to the extent it does not interfere with the performance of the Coast Guard mission. (3) Providing assistance may not cause an increase in amounts required for the operation of the Coast Guard. (b) An individual (or the estate of that individual) who is authorized by the Coast Guard to provide a service under a program established under subsection (a) and who is acting within the scope of that individual's duties is not liable for injury to, or loss of, property or personal injury or death that may be caused incident to providing the service. -SOURCE- (Added Pub. L. 97-295, Sec. 2(6)(A), Oct. 12, 1982, 96 Stat. 1301.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 147a 14:141 (note). July 1, 1977, Pub. L. 95-61, Sec. 8, 91 Stat. 260. ------------------------------- In subsection (a), the words 'Secretary of Health and Human Services' are substituted for 'Department of Health, Education, and Welfare' because of 20:3508(b) and because the responsibility is in the head of the Department. The word 'may' is substituted for 'is authorized to' for clarity. The word 'conditions' is substituted for 'terms and conditions' because it is inclusive. The words 'deems appropriate' are omitted as unnecessary. The words 'The following . . . limitations apply' are substituted for 'shall be subject to the following . . . limitations' for clarity. SIMILAR PROVISIONS Similar provisions were contained in section 8 of Pub. L. 95-61 which was formerly set out as a note under section 141 of this title. ------DocID 17114 Document 68 of 463------ -CITE- 14 USC Sec. 148 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 148. Maritime instruction -STATUTE- The Coast Guard may, when so requested by proper authority, detail members for duty in connection with maritime instruction and training by the several States, Territories, the District of Columbia, and Puerto Rico, and when requested by the Maritime Administrator, detail persons in the Coast Guard for duty in connection with maritime instruction and training by the United States. The service rendered by any person so detailed shall be considered Coast Guard duty. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 507; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(4), 95 Stat. 154; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 49 (Aug. 4, 1939, ch. 416, 53 Stat. 1181). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men. 1981 - Pub. L. 97-31 substituted 'Maritime Administrator' for 'United States Maritime Commission'. ------DocID 17115 Document 69 of 463------ -CITE- 14 USC Sec. 149 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 149. Detail of members to assist foreign governments -STATUTE- The President may upon application from the foreign governments concerned, and whenever in his discretion the public interests render such a course advisable, detail members of the Coast Guard to assist foreign governments in matters concerning which the Coast Guard may be of assistance. Members so detailed may accept, from the government to which detailed, offices and such compensation and emoluments thereunder appertaining as may be first approved by the Secretary. While so detailed such members shall receive, in addition to the compensation and emoluments allowed them by such governments, the pay and allowances to which they are entitled in the Coast Guard and shall be allowed the same credit for longevity, retirement, and for all other purposes that they would receive if they were serving with the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 507; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), (E), (4)(A)(i), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 441a (May 19, 1926, ch. 334, 44 Stat. 565; May 14, 1935, ch. 109, 49 Stat. 218; Oct. 1, 1942, ch. 571, 56 Stat. 763; 1946 Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352). Experience has indicated that it will be advantageous for the Government to include the Coast Guard along with the other armed forces for the purpose of detailing personnel for service with foreign governments. It seems probable that the increased collaboration with foreign governments after the war and the vital nature of the Coast Guard's activities in relation to such collaboration will result in requests from time to time by foreign governments for assistance which the Coast Guard is in the best position to render. This section, which confers broad authority in the President to detail Coast Guard officers and enlisted men to assist foreign governments, is patterned after the act of October 1, 1942, 56 Stat. 763 (title 34, U.S.C., 1946 ed., Sec. 441-a), which authorizes the President to detail Army, Navy, and Marine Corps officers and men to certain foreign governments and, in times of war or national emergency, to any foreign government in the interests of national defense. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men in three places in text, and in catchline substituted 'members' for 'officers and men'. -CROSS- CROSS REFERENCES State Department, exchange of information with, see section 142 of this title. ------DocID 17116 Document 70 of 463------ -CITE- 14 USC Sec. 150 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 150. Coast Guard officers as attaches to missions -STATUTE- Commissioned officers may, with the consent of the Secretary of State, be regularly and officially attached to the diplomatic missions of the United States in those nations with which the United States is extensively engaged in maritime commerce. Expenses for the maintenance of such Coast Guard attaches abroad, including office rental and pay of employees and allowances for living quarters, including heat, fuel, and light, may be defrayed by the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 507.) -MISC1- HISTORICAL AND REVISION NOTES Experience since the war has indicated the necessity for making provision for the assignment of Coast Guard officers to diplomatic missions in those foreign countries which are extensively engaged in maritime commerce with the United States. This is largely the result of duties in connection with inspection of merchant vessels. This section authorizes the designation, with the consent of the State Department, of Coast Guard officers to be officially attached to diplomatic missions of the United States. Although Coast Guard advice on Coast Guard matters is always available to our diplomatic missions, in those locations where such advice and information are frequently sought, it is felt that the most effective utilization of Coast Guard services would be achieved by having Coast Guard officers attached to such missions. Provision for customs officers to be attached to diplomatic missions is contained in the act of March 4, 1923, as amended, 42 Stat. 1453 (title 19, U.S.C., 1946 ed., Sec. 6). Before the transfer in 1939 of the Foreign Agriculture Service to the State Department, representatives of the Bureau of Agricultural Economics of the Department of Agriculture stationed abroad were agricultural attaches. Act of June 5, 1930, 46 Stat. 498 (title 7, U.S.C., 1946 ed., Sec. 542(a)). 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES State Department, exchange of information with, see section 142 of this title. ------DocID 17117 Document 71 of 463------ -CITE- 14 USC Sec. 151 -EXPCITE- TITLE 14 PART I CHAPTER 7 -HEAD- Sec. 151. Contracts with Government-owned establishments for work and material -STATUTE- All orders or contracts for work or material, under authorization of law, placed with Government-owned establishments by the Coast Guard, shall be considered as obligations in the same manner as provided for similar orders or contracts placed with private contractors, and appropriations for such work or material shall remain available for payment therefor as in the case of orders or contracts placed with private contractors. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 507.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 31c (June 6, 1942, ch. 384, 56 Stat. 328). 81st Congress, House Report No. 557. ------DocID 17118 Document 72 of 463------ -CITE- 14 USC CHAPTER 9 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- CHAPTER 9 - COAST GUARD ACADEMY -MISC1- Sec. 181. Administration of Academy. 181a. Cadet applicants; preappointment travel to Academy. 182. Cadets; number, appointment, obligation to serve. 183. Cadets; initial clothing allowance. 184. Cadets; degree of bachelor of science. 185. Cadets; appointment as ensign. 186. Civilian teaching staff. 187. Permanent commissioned teaching staff; composition. 188. Appointment of permanent commissioned teaching staff. 189. Grade of permanent commissioned teaching staff. 190. Retirement of permanent commissioned teaching staff. 191. Credit for service as member of civilian teaching staff. 192. Assignment of personnel as instructors. 193. Advisory Committee. 194. Annual Board of Visitors. 195. Admission of foreign nationals for instruction; restrictions; conditions. AMENDMENTS 1984 - Pub. L. 98-557, Sec. 24(b), Oct. 30, 1984, 98 Stat. 2872, added item 181a. 1982 - Pub. L. 97-295, Sec. 2(7)(A), Oct. 12, 1982, 96 Stat. 1301, substituted 'Civilian teaching staff' for 'Civilian instructors' in item 186. Pub. L. 97-295, Sec. 2(7)(B), Oct. 12, 1982, 96 Stat. 1301, substituted 'foreign nationals' for 'foreigners' in item 195. 1970 - Pub. L. 91-278, Sec. 1(7), June 12, 1970, 84 Stat. 305, added item 195. 1960 - Pub. L. 86-474, Sec. 1(15), May 14, 1960, 74 Stat. 146, substituted 'member of civilian teaching staff' for 'civilian instructor' in item 191. ------DocID 17119 Document 73 of 463------ -CITE- 14 USC Sec. 181 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 181. Administration of Academy -STATUTE- The immediate government and military command of the Coast Guard Academy shall be in the Superintendent of the Academy, subject to the direction of the Commandant under the general supervision of the Secretary. The Commandant may select a superintendent from the active list of the Coast Guard who shall serve in the pleasure of the Commandant. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 508.) -MISC1- HISTORICAL AND REVISION NOTES This section does not change the present method of administration of the Academy. It makes statutory what has been administrative regulation heretofore, and it is believed highly desirable to make the control of an institution of such national interest as the Academy the subject of a statute. This section is new. There is no provision in existing law which establishes the Academy and sets it up as an operating unit. Nor is there any provision which creates the office of Superintendent of the Academy, or prescribes his duties and functions. Heretofore this has been accomplished by regulations, and the laws which deal with the Academy assume its existence as a going institution and assume the existence of the Superintendent with certain defined functions and duties. This section continues the Academy as previously established, provides for the appointment of the Superintendent by the Commandant, and defines in general terms his functions. The Academy would thus be placed on a definite statutory basis, and the office of Superintendent would be a statutory position, but the present administration of the Academy would in no way be interfered with. 81st Congress, House Report No. 557. ------DocID 17120 Document 74 of 463------ -CITE- 14 USC Sec. 181a -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 181a. Cadet applicants; preappointment travel to Academy -STATUTE- The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants. -SOURCE- (Added Pub. L. 98-557, Sec. 24(a), Oct. 30, 1984, 98 Stat. 2872.) ------DocID 17121 Document 75 of 463------ -CITE- 14 USC Sec. 182 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 182. Cadets; number, appointment, obligation to serve -STATUTE- (a) The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred. Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. All such appointments shall be made without regard to the sex, race, color, or religious beliefs of an applicant. In the administration of this chapter, the Secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals. The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant. (b) Each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following: (1) That the cadet will complete the course of instruction at the Coast Guard Academy. (2) That upon graduation from the Coast Guard Academy the cadet - (A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and (B) will serve on active duty for at least five years immediately after such appointment. (3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet - (A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and (B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. (c)(1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (b). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10. (2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. (3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (b) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy. (d) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include - (1) standards for determining what constitutes, for the purpose of subsection (c), a breach of an agreement under subsection (b); (2) procedures for determining whether such a breach has occurred; and (3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (c). (e) In this section, 'commissioned service obligation', with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment. (f)(1) This section does not apply to a cadet who is not a citizen or national of the United States. (2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (b) only with the consent of the parent or guardian. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 508; Mar. 3, 1964, Pub. L. 88-276, Sec. 5(b), 78 Stat. 153; June 9, 1966, Pub. L. 89-444, Sec. 1(8), 80 Stat. 195; June 12, 1970, Pub. L. 91-278, Sec. 1(4), 84 Stat. 304; Oct. 21, 1976, Pub. L. 94-572, Sec. 1, 90 Stat. 2708; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(8), 96 Stat. 1302; Sept. 28, 1988, Pub. L. 100-448, Sec. 12, 102 Stat. 1843.) -MISC1- HISTORICAL AND REVISION NOTES Based on the proviso under the heading 'Revenue Cutter Service' of act Feb. 25, 1903, ch. 755, 32 Stat. 869, and on title 14, U.S.C., 1946 ed., Sec. 15, 15a-1, 25 (June 23, 1906, ch. 3520, Sec. 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 3, 1926, ch. 742, Sec. 6, 44 Stat. 816; July 30, 1937, ch. 545, Sec. 5, 50 Stat. 549; May 25, 1943, ch. 99, 57 Stat. 84). Section 15 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with clothing allowance for cadets is placed in section 183 of this title and the other parts are incorporated with the proviso of title 14, U.S.C., 1946 ed., Sec. 15a-1 to form this section. Section 15a-1 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with the appointment of cadets to the grade of ensign is placed in section 185 of this title, and the proviso is placed in this section. The length of term of service as a cadet prior to graduation is added to the list of matters specifically determined by the Secretary. The period of required service after graduation is increased from 3 to 4 years, to attain uniformity with the other service academies. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-448, Sec. 12(1), struck out before last sentence 'Previous to his admission each cadet shall obligate himself, in such manner as the Secretary shall prescribe, to complete the course of instruction at the Coast Guard Academy and to serve at least five years as an officer in the Coast Guard after graduation, if his service be so long required.' Subsecs. (b) to (f). Pub. L. 100-448, Sec. 12(2), added subsecs. (b) to (f) and struck out former subsec. (b) which read as follows: 'A cadet who does not fulfill his obligation to complete the course of instruction or refuses to accept an appointment as an officer in the Coast Guard may be transferred by the Secretary to the Coast Guard Reserve in an appropriate enlisted grade or rating, and, notwithstanding section 651 of title 10, may be ordered to active duty to serve in that grade or rating for such period of time as the Secretary prescribes, but not for more than four years.' 1982 - Subsec. (b). Pub. L. 97-295 struck out 'United States Code,' after 'title 10,'. 1976 - Subsec. (a). Pub. L. 94-572 inserted provisions for nondiscriminatory appointment of cadets to the Coast Guard Academy. 1970 - Pub. L. 91-278 substituted 'six hundred' for 'four hundred' in first sentence, required each cadet to obligate himself to complete the course of instruction at the Academy, designated existing provisions as subsec. (a), and added subsec. (b). 1966 - Pub. L. 89-444 substituted 'four hundred' for 'three hundred' in first sentence. 1964 - Pub. L. 88-276 substituted 'five' for 'four' in fourth sentence. EFFECTIVE DATE OF 1964 AMENDMENT; OBLIGATED PERIOD OF SERVICE Amendment by Pub. L. 88-276 effective only with respect to cadets and midshipmen appointed to the service academies and the Coast Guard Academy after Mar. 3, 1964, see section 5(c) of Pub. L. 88-276, set out as a note under section 4348 of Title 10, Armed Forces. -CROSS- CROSS REFERENCES Conduct unbecoming an officer and gentleman as offense, see section 933 of Title 10, Armed Forces. Dismissal by court-martial, review by board of review, see section 866 of Title 10. Expenses when absent from vessel or assigned to shore patrol duty, see section 510 of this title. Military Justice Code, cadets subject to, see section 802 of Title 10, Armed Forces. Pay and allowances, see sections 201, 422 of Title 37, Pay and Allowances of the Uniformed Services. Summary courts-martial, jurisdiction to try, see section 820 of Title 10, Armed Forces. Travel and transportation allowances, see section 410 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 195 of this title. ------DocID 17122 Document 76 of 463------ -CITE- 14 USC Sec. 183 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 183. Cadets; initial clothing allowance -STATUTE- The Secretary may prescribe a sum which shall be credited to each new cadet upon first admission to the Academy, to cover the cost of his initial clothing and equipment issue, which sum shall be deducted subsequently from his pay. Each cadet discharged prior to graduation who is indebted to the United States on account of advances of pay to purchase required clothing and equipment shall be required to turn in to the Academy all clothing and equipment of a distinctively military nature to the extent required to discharge such indebtedness; and, if the value of such clothing and equipment so turned in does not cover the indebtedness incurred, then such indebtedness shall be canceled. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 508; Aug. 22, 1951, ch. 340, Sec. 3, 65 Stat. 196.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15 (June 23, 1906, ch. 3520, Sec. 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 3, 1926, ch. 742, Sec. 6, 44 Stat. 816; July 30, 1937, ch. 545, Sec. 5, 50 Stat. 549). Said section has been divided. That part dealing with clothing allowance for cadets is placed in this section and the other parts are incorporated in section 182 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1951 - Act Aug. 22, 1951, substituted provision that the Secretary may prescribe the sum to be credited for the former prescribed sum of $250, and inserted second sentence. -CROSS- CROSS REFERENCES Mileage allowance for Coast Guard Academy candidates, see section 410 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17123 Document 77 of 463------ -CITE- 14 USC Sec. 184 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 184. Cadets; degree of bachelor of science -STATUTE- The Superintendent of the Academy may, under such rules and regulations as the Secretary shall prescribe, confer the degree of bachelor of science upon all graduates of the Academy and may, in addition, confer the degree of bachelor of science upon such other living graduates of the Academy as shall have met the requirements of the Academy for such degree. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 508.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15a (May 25, 1933, ch. 37, 48 Stat. 73; July 8, 1937, ch. 447, 50 Stat. 477; Aug. 9, 1946, ch. 928, 60 Stat. 961). Changes in phraseology were made inasmuch as the Academy is now accredited by the Association of American Universities. It was not so accredited when the section was enacted. Inasmuch as the acts cited above apply equally to the Military Academy and the Naval Academy, as well as the Coast Guard Academy, they are not scheduled for repeal but are being amended by section 13 of this act to eliminate reference to the Coast Guard. 81st Congress, House Report No. 557. ------DocID 17124 Document 78 of 463------ -CITE- 14 USC Sec. 185 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 185. Cadets; appointment as ensign -STATUTE- The President may, by and with the advice and consent of the Senate, appoint as ensigns in the Coast Guard all cadets who shall graduate from the Academy. Ensigns so commissioned on the same date shall take rank according to their proficiency as shown by the order of their merit at date of graduation. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 508.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15a-1 (May 25, 1943, ch. 99, 57 Stat. 84). Said section has been divided. The proviso is incorporated in section 182 of this title. The other part is incorporated in this section. The last sentence of this section is new as a statute; it makes statutory what has been the practice of years, and is similar to the third sentence of title 34, U.S.C., 1946 ed., Sec. 1057, applicable to graduates of the Naval Academy. 81st Congress, House Report No. 557. ------DocID 17125 Document 79 of 463------ -CITE- 14 USC Sec. 186 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 186. Civilian teaching staff -STATUTE- (a) The Secretary may appoint in the Coast Guard such number of civilian faculty members at the Academy as the needs of the Service may require. They shall have such titles and perform duties as prescribed by the Secretary. Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5. (b) The compensation of persons employed under this section is as prescribed by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 509; Sept. 3, 1954, ch. 1263, Sec. 32, 68 Stat. 1238; May 14, 1960, Pub. L. 86-474, Sec. 1(9), 74 Stat. 145; June 9, 1966, Pub. L. 89-444, Sec. 1(9), 80 Stat. 195; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(14), 90 Stat. 2520.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15d (Apr. 16, 1937, ch. 107, Sec. 3, 50 Stat. 67; May 2, 1942, ch. 273, 56 Stat. 265). The last sentence is new and is inserted to permit adjustment of the work load and leave schedule of Academy faculty members due to the peculiarity of the academic schedule. The last sentence of this section is new, being included in order to allow for adjusting the working time and leave of civilian instructors in conformity with the academic terms at the Academy. The work load of an instructor varies greatly, and flexibility in administration of a faculty is therefore essential. The leave provided for civil service employees does not fit the needs of an instruction staff, and this has been a source of difficulty in the past. This new provision would permit leave during the summer and between academic terms without deduction from pay, and, it is contemplated, at no other time. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-546 substituted 'Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5.' for 'Leaves of absence and hours of work for such personnel shall be governed by regulations issued by the Secretary of the Treasury, without regard to section 84, chapter 18, subchapter IV of chapter 21, sections 1112, 1113, and 1121-1125, and chapter 23, of title 5.' 1966 - Subsec. (a). Pub. L. 89-444, Sec. 1(9)(A), (B), substituted 'faculty members' for 'members of the teaching staff' and struck out provision that compensation of faculty members be fixed in accordance with the Classification Act of 1949, as amended, and designated existing provisions as so amended as subsec. (a). Subsec. (b). Pub. L. 89-444, Sec. 1(9)(C), added subsec. (b). 1960 - Pub. L. 86-474 substituted 'Coast Guard such number of civilian members of the teaching staff at the Academy as the needs of the Service may require' for 'Coast Guard, subject to the competitive provisions of the civil-service laws and regulations, such number of civilian instructors as the needs of the Service require, not to exceed eight', and inserted provisions relating to titles and duties of the civilian members of the teaching staff. 1954 - Act Sept. 3, 1954, substituted 'Classification Act of 1949' for 'Classification Act of 1923' and 'section 84, chapter 18, subchapter IV of chapter 21, sections 1112, 1113, and 1121-1125, and chapter 23, of title 5' for 'sections 29a, 30b-30m, 84, 663, 667, 672a-673, and chapter 18 of title 5'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5102. ------DocID 17126 Document 80 of 463------ -CITE- 14 USC Sec. 187 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 187. Permanent commissioned teaching staff; composition -STATUTE- The permanent commissioned teaching staff at the Academy shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require. They shall perform duties as prescribed by the Commandant, and exercise command only in the academic department of the Academy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 509; May 14, 1960, Pub. L. 86-474, Sec. 1(10), 74 Stat. 145.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15b, 15c (Apr. 16, 1937, ch. 107, Sec. 1, 2, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265). Section 15b of title 14, U.S.C., 1946 ed., has been divided. Part of the provisions of the first sentence is placed in this section, while other provisions are placed in section 188 of this title. Section 15c of title 14, U.S.C., 1946 ed., has been divided. The last sentence is incorporated in this section, while the other provisions are placed in section 189 of this title. The composition of the teaching staff at the Academy is changed materially on the recommendation of the Academic Board and the Advisory Committee. The scope of duty of members of the staff is enlarged to include whatever the Commandant prescribes. Title 14, U.S.C., 1946 ed., Sec. 15b provides for five professors as heads or assistant heads of departments at the Academy. The Academic Board of the Academy and the Advisory Committee, after extensive study have recommended the change, as provided in this section, to three professors and twelve others on the permanent teaching staff, with designations to conform generally with the designations and grades of faculty members at other universities. The librarian is given faculty status because of the role of the library as the center of the modern university; this is in conformity with the practice of other higher educational institutions. It is believed that the increased number of permanent commissioned instructors is justified and desirable in view of the expansion of the Cadet Corps as the full effect of the return to a four-year course is felt. It is probable that, in the next few years, the number of cadets will approximate 450. The average number in the past two years has been about 300. This new set-up for the permanent commissioned teaching staff will permit desirable exchanges of professors with leading universities, and occasional sabbatical leaves in order to better the faculty generally. It is pointed out that this increase in permanent instructors does not increase the authorized number of officers in the Coast Guard, as they are all included in the limitation provided in section 42 of this title. If a teaching position at the Academy is not provided for permanently it will require the assignment of an additional regular officer, so it is apparent that the changes proposed in this section do not increase the size of the Service, or the expense, but represent a long-range plan to better the Academy as a leading educational institution within the present, recognized, standards for a proper university faculty. The last sentence retains the command status of the professors as provided in existing law but enlarges the field in which they may perform duty, in order to make it possible to give them interim assignments other than at the Academy, thus broadening their knowledge of the Service while still advantageously utilizing their services. 81st Congress, House Report No. 557. AMENDMENTS 1960 - Pub. L. 86-474 substituted 'shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require' for 'shall consist of not more than three professors who may serve as heads of departments, and not more than twelve associate professors, assistant professors, and commissioned instructors, one of whom shall be the librarian'. ------DocID 17127 Document 81 of 463------ -CITE- 14 USC Sec. 188 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 188. Appointment of permanent commissioned teaching staff -STATUTE- The President may appoint in the Coast Guard, by and with the advice and consent of the Senate, the professors, associate professors, assistant professors, and instructors who are to serve on the permanent commissioned teaching staff of the Academy. An original appointment to the permanent commissioned teaching staff, unless the appointee has served as a civilian member of the teaching staff, regular commissioned officer, temporary commissioned officer, or reserve commissioned officer in the Coast Guard, shall be a temporary appointment until the appointee has satisfactorily completed a probationary term of four years of service; thereafter he may be regularly appointed and his rank shall date from the date of his temporary appointment in the grade in which permanently appointed. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 509; May 14, 1960, Pub. L. 86-474, Sec. 1(11), 74 Stat. 145; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(15), 90 Stat. 2520.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15b (Apr. 16, 1937, ch. 107, Sec. 1, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265). Said section has been divided. That part of the first sentence which provides for the composition of the teaching staff is incorporated in section 187 of this title. The other provisions are incorporated in this section, except for the proviso which has been omitted as no longer needed. This section incorporates the following changes because of the new plan for the permanent teaching staff: the President is authorized to appoint a candidate to any of the grades prescribed; and the probationary term, applicable unless the candidate has served in the Coast Guard as prescribed in this section, is increased from two to four years. Authorization for appointment in any grade is deemed desirable in order to permit the acquisition of outstanding instructors for the staff. It is believed that the former two-year period was too short to fully evaluate the capabilities of a temporary appointee. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'grade in which permanently appointed' for 'rank in which permanently appointed'. 1960 - Pub. L. 86-474 substituted 'and instructors who are to serve' for 'and commissioned instructors who are to serve', and 'civilian member of the teaching staff' for 'civilian instructor'. ------DocID 17128 Document 82 of 463------ -CITE- 14 USC Sec. 189 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 189. Grade of permanent commissioned teaching staff -STATUTE- Professors shall be commissioned officers with grade not above captain, associate and assistant professors with grade not above commander, and instructors with grade not above lieutenant commander. All officers of the permanent commissioned teaching staff shall receive the pay and allowances of other commissioned officers of the same grade and length of service. When any such professor, associate professor, assistant professor, or instructor is appointed or commissioned with grade less than the highest grade permitted, he shall be promoted under regulations prescribed by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 509; May 14, 1960, Pub. L. 86-474, Sec. 1(12), 74 Stat. 145.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15c (Apr. 16, 1937, ch. 107, Sec. 2, 50 Stat. 66). Said section has been divided. The last sentence is incorporated in section 187 of this title. The other provisions are incorporated in this section. The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teaching staff are established. This section prescribes the relative ranks for the various grades in the permanent commissioned teaching staff, establishes the pay as heretofore, and provides for promotion as the Secretary shall prescribe. 81st Congress, House Report No. 557. AMENDMENTS 1960 - Pub. L. 86-474 substituted 'and instructors with grade not above' for 'and commissioned instructors with grade not above', and 'assistant professor, or instructor' for 'or assistant professor'. ------DocID 17129 Document 83 of 463------ -CITE- 14 USC Sec. 190 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 190. Retirement of permanent commissioned teaching staff -STATUTE- Professors, associate professors, assistant professors, and instructors in the Coast Guard shall be subject to retirement or discharge from active service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of section 288 of this title, nor shall they be subject to the provisions of section 289 of this title, nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty-four at which time unless earlier retired or separated they shall be retired. The Secretary may retire any member of the permanent commissioned teaching staff who has completed thirty years' active service. Service as a civilian member of the teaching staff at the Academy in addition to creditable service authorized by any other law in any of the military services rendered prior to an appointment as a professor, associate professor, assistant professor, or instructor shall be credited in computing length of service for retirement purposes. The provisions of law relating to retirement for disability in line of duty shall not apply in the case of a professor, associate professor, assistant professor, or instructor serving under a temporary appointment. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 509; May 14, 1960, Pub. L. 86-474, Sec. 1(13), 74 Stat. 145; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(8), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(10), 80 Stat. 196; June 12, 1970, Pub. L. 91-278, Sec. 1(5), 84 Stat. 304.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15f (Apr. 16, 1937, ch. 107, Sec. 5, 50 Stat. 67). The provision prohibiting the retirement of a professor because of physical disability with less than 15 years' service is changed to have application only during the temporary appointment of a professor. This section provides for the retirement of associate professors, assistant professors, and commissioned instructors in addition to professors. It is believed that the provision of existing law requiring 15 years' service before becoming eligible for retirement, discriminated against this group of officers as no other group was discriminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1970 - Pub. L. 91-278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless earlier retired or separated. 1966 - Pub. L. 89-444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years' active service. 1963 - Pub. L. 88-130 inserted 'or discharge', excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title, and struck out 'permanent' before 'commissioned officers'. 1960 - Pub. L. 86-474 substituted 'civilian member of the teaching staff' for 'civilian instructor or civilian librarian', and struck out 'commissioned' in three places before 'instructors' and 'instructor', respectively. ------DocID 17130 Document 84 of 463------ -CITE- 14 USC Sec. 191 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 191. Credit for service as member of civilian teaching staff -STATUTE- Service as a member of the civilian teaching staff at the Academy in addition to creditable services authorized by any other law in any of the military services rendered prior to an appointment as professor, associate professor, assistant professor, or instructor shall be credited in computing length of service as a professor, associate professor, assistant professor, or instructor for purposes of pay and allowances. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 510; May 14, 1960, Pub. L. 86-474, Sec. 1(14), 74 Stat. 146.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15e (Apr. 16, 1937, ch. 107, Sec. 4, 50 Stat. 67). Changes in phraseology were made in order to adapt the section to the new structure of the permanent commissioned teaching staff. 81st Congress, House Report No. 557. AMENDMENTS 1960 - Pub. L. 86-474 substituted 'member of civilian teaching staff' for 'civilian instructor' in section catchline, and 'member of the civilian teaching staff' for 'civilian instructor or civilian librarian' in text, and struck out 'commissioned' before 'instructor' in two places. ------DocID 17131 Document 85 of 463------ -CITE- 14 USC Sec. 192 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 192. Assignment of personnel as instructors -STATUTE- The Commandant may assign any member to appropriate instruction duty at the Academy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 510; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(H), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15i (Apr. 16, 1937, ch. 107, Sec. 8, 50 Stat. 67). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to member for reference to commissioned officer, warrant officer, and enlisted man. ------DocID 17132 Document 86 of 463------ -CITE- 14 USC Sec. 193 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 193. Advisory Committee -STATUTE- The Secretary may appoint an Advisory Committee to the Academy, consisting of not more than seven persons of distinction in education and other fields relating to the purposes of the Academy, who shall serve without pay (or, in the case of a member of the Committee who is an officer or employee of the United States, who shall receive no additional pay on account of his service on the Committee). Members of the Advisory Committee shall be appointed for terms of not to exceed three years and may be reappointed. The Secretary shall, in June of each year, appoint one of the members to serve as chairman. The members so appointed shall visit the Academy at least once during the academic year on the call of the chairman and may convene once each year at Headquarters, at the call of the Commandant, for the purpose of examining the course of instruction and advising the Commandant relative thereto. Each member of the Committee shall be reimbursed from Coast Guard appropriations in conformity with the provisions of chapter 57 of title 5. The Secretary shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on the Advisory Committee. The Advisory Committee is authorized to make available to Congress any information, advice, and recommendations which the Advisory Committee is authorized to give to the Secretary or the Commandant. The Committee terminates on September 30, 1992. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 510; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(16), 90 Stat. 2520; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 118(b), 96 Stat. 1586; Sept. 28, 1988, Pub. L. 100-448, Sec. 9, 102 Stat. 1842.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15g (Apr. 16, 1937, ch. 107, Sec. 6, 50 Stat. 67). Said section dealing with the Advisory Committee is changed to increase the number of persons thereon to 7, the source from which appointments could be made is broadened to include other than educators, the term of appointment is fixed as 3 years, and provision is made for the appointment of the chairman by the Secretary. This section changes existing law as follows: the field from which appointment may be made is broadened, the limit of membership is increased from five to seven, a provision for appointment of a chairman by the Secretary is added, and the term of service is established as three years. It is believed that the membership of not to exceed seven will provide greater flexibility in view of the new three year term of service, and will permit appointment of a committee with wider interests. The fact that no term of service has been provided for heretofore has been a source of confusion and difficulty and some term should be specified. The existing law provides for appointment from the field of education; this is enlarged to include other fields relating to purposes of the Academy, in order, primarily, to permit selection from shipping, business, and industry. No provision has been made for selection of a chairman heretofore, and this has caused some uncertainty in the functioning of the Committee; annual appointment seems desirable. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-448 inserted provision for termination of Committee on Sept. 30, 1992. 1982 - Pub. L. 97-322 inserted parenthetical provision respecting service of an officer or employee of the United States as a member of the Committee without receipt of additional pay and inserted provisions for publication in the Federal Register of notice for solicitation of nominations for membership on the Advisory Committee and for disclosures to Congress. 1976 - Pub. L. 94-546 substituted 'chairman' for 'Chairman' in fourth sentence and 'Each member of the Committee shall be reimbursed from Coast Guard appropriations in conformity with the provisions of chapter 57 of title 5.' for 'Each member of the Committee shall be reimbursed from Coast Guard appropriations in conformity with section 73b-1 of Title 5, or such actual expenses as permitted by section 73b-2 of Title 5 shall be defrayed by the Coast Guard'. ------DocID 17133 Document 87 of 463------ -CITE- 14 USC Sec. 194 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 194. Annual Board of Visitors -STATUTE- (a) In addition to the Advisory Committee, a Board of Visitors to the Academy is established to visit the Academy annually and to make recommendations on the operation of the Academy. (b) The Board shall be composed of - (1) two Senators designated by the Chairman of the Committee on Commerce, Science, and Transportation of the Senate; (2) three Members of the House of Representatives designated by the Chairman of the Committee on Merchant Marine and Fisheries of the House of Representatives; (3) one Senator designated by the President of the Senate; (4) two Members of the House of Representatives designated by the Speaker of the House of Representatives; and (5) the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and the Chairman of the Committee on Merchant Marine and Fisheries of the House of Representatives, as ex officio Members. (c) When a Member is unable to attend the annual meeting another Member may be designated as provided under subsection (b). (d) When an ex officio Member is unable to attend the annual meeting that Member may designate another Member. (e) Members of the Board shall be designated in the First Session and serve for the duration of the Congress. (f) The Board shall visit the Academy annually on the date chosen by the Secretary. Each Member of the Board shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a Member of the Board. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 510; Nov. 16, 1990, Pub. L. 101-595, title III, Sec. 304, 104 Stat. 2984.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15h (Apr. 16, 1937, ch. 107, Sec. 7, 50 Stat. 67; July 15, 1939, ch. 288, 53 Stat. 1044). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1990 - Pub. L. 101-595 amended section generally. Prior to amendment, section read as follows: '(a) In addition to the Advisory Committee, there shall be appointed in January of each year a Board of Visitors to the Academy, consisting of two Senators and three members of the House of Representatives, appointed by the chairmen of the committees of the Senate and House of Representatives, respectively, having cognizance of legislation pertaining to the Academy, the chairmen of said committees being ex officio members of the Board, and of one Senator and two members of the House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives, respectively. Whenever a member or an ex officio member is unable to attend the annual meeting as provided in this section another member may be appointed in his stead in the manner as herein provided but without restriction as to month of appointment. '(b) Such Board shall visit the Academy annually on a date to be fixed by the Secretary. Each member of the Board shall be reimbursed from Coast Guard appropriations under Government travel regulations for the actual expense incurred by him while engaged in duties as a member of such Board, or such actual expenses as permitted under such regulations shall be defrayed by the Coast Guard.' ------DocID 17134 Document 88 of 463------ -CITE- 14 USC Sec. 195 -EXPCITE- TITLE 14 PART I CHAPTER 9 -HEAD- Sec. 195. Admission of foreign nationals for instruction; restrictions; conditions -STATUTE- (a) A foreign national may not receive instruction at the Academy except as authorized by this section. (b) The President may designate not more than 36 foreign nationals whom the Secretary may permit to receive instruction at the Academy. (c) A person receiving instruction under this section is entitled to the same pay and allowances, to be paid from the same appropriations, as a cadet appointed pursuant to section 182 of this title. A person may receive instruction under this section only if his country agrees in advance to reimburse the United States, at a rate determined by the Secretary, for the cost of providing such instruction, including pay and allowances, unless a waiver therefrom has been granted to that country by the Secretary. Funds received by the Secretary for this purpose shall be credited to the appropriations bearing the cost thereof, and may be apportioned between fiscal years. (d) A person receiving instruction under this section is - (1) not entitled to any appointment in the Coast Guard by reason of his graduation from the Academy; and (2) subject to those regulations applicable to the Academy governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, except as may otherwise be prescribed by the Secretary. -SOURCE- (Added Pub. L. 91-278, Sec. 1(6), June 12, 1970, 84 Stat. 304, and amended Pub. L. 94-468, Oct. 11, 1976, 90 Stat. 2002.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-468 substituted 'foreign nationals' for 'foreigners' in section catchline. Subsec. (a). Pub. L. 94-468 substituted provision barring foreign nationals from receiving instruction at the Academy unless authorized by this section, for provision which authorized the Secretary to permit four persons at a time from the Republic of the Philippines, as designated by the President, to attend the Academy. Subsec. (b). Pub. L. 94-468 substituted provision authorizing the President to designate not more than thirty-six foreign nationals whom the Secretary may permit to attend the Academy, for provision which authorized foreign nationals to receive the same pay and allowances as cadets at the Academy. Subsec. (c). Pub. L. 94-468 substituted provision authorizing a foreign national to receive the same pay and allowances as a cadet providing his country agree in advance to reimburse the United States and directing the Secretary to credit any funds so received to the appropriations for pay and allowances, for provision which required that foreign nationals be subject to the same rules and regulations as cadets. Subsec. (d). Pub. L. 94-468 added subsec. (d). ------DocID 17135 Document 89 of 463------ -CITE- 14 USC CHAPTER 11 -EXPCITE- TITLE 14 PART I CHAPTER 11 -HEAD- CHAPTER 11 - PERSONNEL -MISC1- OFFICERS A. APPOINTMENTS Sec. 211. Original appointment of permanent commissioned officers. 212. Original appointment of permanent commissioned warrant officers. 213. Original appointment of permanent warrant officers (W-1). 214. Original appointment of temporary officers. (221 to 248. Repealed.) B. SELECTION FOR PROMOTION 251. Selection boards; convening of boards. 252. Selection boards; composition of boards. 253. Selection boards; notice of convening; communication with board. 254. Selection boards; oath of members. 255. Number of officers to be selected for promotion. 256. Promotion zones. 256a. Promotion year; defined. 257. Eligibility of officers for consideration for promotion. 258. Selection boards; information to be furnished boards. 259. Officers to be recommended for promotion. 260. Selection boards; reports. 261. Selection boards; submission of reports. 262. Failure of selection for promotion. C. PROMOTIONS 271. Promotions; appointments. 272. Removal of officer from list of selectees for promotion. 273. Promotions; acceptance; oath of office. 274. Promotions; pay and allowances. 275. Wartime temporary service promotions. 276. Promotion of officers not included on active duty promotion list. 277. Temporary promotions of warrant officers. D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS 281. Revocation of commissions during first three years of commissioned service. 282. Regular lieutenants (junior grade); separation for failure of selection for promotion. 283. Regular lieutenants, separation for failure of selection for promotion; continuation. 284. Regular Coast Guard; officers serving under temporary appointments. 285. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion. 286. Discharge in lieu of retirement; severance pay. 286a. Regular warrant officers: severance pay. 287. Separation for failure of selection for promotion or continuation; time of. 288. Regular captains; retirement. 289. Captains; continuation on active duty; involuntary retirement. 290. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement. 291. Voluntary retirement after twenty years' service. 292. Voluntary retirement after thirty years' service. 293. Compulsory retirement at age of sixty-two. 294. Retirement for physical disability after selection for promotion; grade in which retired. 295. Deferment of retirement or separation for medical reasons. (301 to 315. Repealed.) E. SEPARATION FOR CAUSE 321. Review of records of officers. 322. Boards of inquiry. 323. Boards of review. 324. Composition of boards. 325. Rights and procedures. 326. Removal of officer from active duty; action by Secretary. 327. Officers considered for removal; retirement or discharge; severance benefits. F. MISCELLANEOUS PROVISIONS 331. Recall to active duty during war or national emergency. 332. Recall to active duty with consent of officer. 333. Relief of retired officer promoted while on active duty. 334. Grade on retirement. 335. Physical fitness of officers. 336. United States Coast Guard Band; composition; director. ENLISTED MEMBERS 350. Recruiting campaigns. 351. Enlistments; term, grade. 352. Promotion. 353. Compulsory retirement at age of sixty-two. 354. Voluntary retirement after thirty years' service. 355. Voluntary retirement after twenty years' service. (356. Repealed.) 357. Enlisted Personnel Board. (358. Repealed.) 359. Recall to active duty during war or national emergency. 360. Recall to active duty with consent of member. 361. Relief of retired enlisted member promoted while on active duty. 362. Retirement in cases where higher grade or rating has been held. (363, 364. Repealed.) 365. Extension of enlistments. 366. Retention beyond term of enlistment in case of disability. 367. Detention beyond term of enlistment. (368. Repealed.) 369. Inclusion of certain conditions in enlistment contract. 370. Discharge within three months before expiration of enlistment. 371. Aviation cadets; procurement; transfer. 372. Aviation cadets; benefits. 373. Aviation cadets; appointment as Reserve officers. GENERAL PROVISIONS 421. Retirement. 422. Status of recalled personnel. 423. Computation of retired pay. 424. Limitations on retirement and retired pay. (425. Repealed.) SPECIAL PROVISIONS (431. Repealed.) 432. Personnel of former Lighthouse Service. (433 to 440. Repealed.) HISTORICAL AND REVISION NOTES This chapter, dealing with the appointment, enlistment, promotion, retirement and recall of all military personnel, covers subject matter which has been greatly affected by war-time legislation and, therefore, has required rather extensive rewriting of existing law in order to correlate all of the various provisions. An attempt has been made to provide for enlisted men and warrant officers in a manner similar to the way that commissioned officers are provided for; for example, the act of February 21, 1946, ch. 34, 60 Stat. 29 (title 14, U.S.C., 1946 ed., Sec. 162a), made provision for the retirement of commissioned officers on half pay after twenty years naval service, and a prewar statute provided for twenty year retirement of enlisted men on half pay. This leaves warrant officers the only military group not eligible for retirement in twenty years, and a provision such as found in section 305 of this title, granting such retirement, seems clearly indicated in order to avoid unjust discrimination. The subject matter seemed to break down into the sub-heads of 'Commissioned Officers', 'Warrant Officers', 'Enlisted Men', and 'General Provisions'. Each of the first three sub-heads parallels the other two, insofar as the applicability of statutes of the three groups permits. The last sub-head includes the broad provisions which, in the same terms, can be made applicable to all military personnel. In accord with existing Navy and Coast Guard law, the term 'commissioned officer' includes commissioned warrant officers unless specifically excepted, or manifestly inapplicable. Heretofore Coast Guard statutes have designated commissioned warrant officers as chief warrant officers; in line with Navy designation it is changed to commissioned warrant officers throughout this title. Terms such as 'Coast Guard personnel' or 'personnel of the Coast Guard', as used throughout this title, are intended to include all employees of the Service, civilian and military. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-640, Sec. 10(a)(6)(B), Nov. 10, 1986, 100 Stat. 3549, struck out items 431, 433, 434, and 438. 1985 - Pub. L. 99-145, title V, Sec. 514(c)(2)(B), Nov. 8, 1985, 99 Stat. 629, substituted 'rear admirals (lower half)' for 'commodores' in item 290. 1984 - Pub. L. 98-557, Sec. 15(a)(4)(B)(ii), (C)(ii), (E)(ii), 17(b)(2)(B), Oct. 30, 1984, 98 Stat. 2865, 2866, 2867, added item 295, in heading preceding item 350 substituted 'MEMBERS' for 'MEN', in item 360 substituted 'member' for 'man', and in item 361 substituted 'enlisted member' for 'man'. 1983 - Pub. L. 97-417, Sec. 2(9)(B), Jan. 4, 1983, 96 Stat. 2086, inserted 'and commodores' after 'Rear admirals' in item 290. 1982 - Pub. L. 97-322, title I, Sec. 115(b)(2), Oct. 15, 1982, 96 Stat. 1585, struck out item 368. 1980 - Pub. L. 96-513, title V, Sec. 505(a)(2), Dec. 12, 1980, 94 Stat. 2918, added item 286a. 1976 - Pub. L. 94-546, Sec. 1(18), Oct. 18, 1976, 90 Stat. 2520, added item 256a. 1972 - Pub. L. 92-451, Sec. 1(9), Oct. 2, 1972, 86 Stat. 757, substituted 'continuation on active duty' for 'retention on the active list' in item 290. 1966 - Pub. L. 89-444, Sec. 1(25), June 9, 1966, 80 Stat. 197, substituted 'Grade on retirement' for 'Retirement in cases where higher grade has been held' in item 334, and added items 371, 372, and 373. 1965 - Pub. L. 89-189, Sec. 1(2), Sept. 17, 1965, 79 Stat. 820, added item 336. 1963 - Pub. L. 88-130, Sec. 1(9), (10)(B), 4(c), Sept. 24, 1963, 77 Stat. 175, 177, 193, added items 211 to 214, 251 to 262, 271 to 277, 281 to 294, 321 to 327, 331 to 335, struck out items 221 to 248, 301 to 313a, 435 to 437, 439, and 440, and struck out headings 'COMMISSIONED OFFICERS' and 'WARRANT OFFICERS' which preceded sections 221 and 301, respectively, of this title. Pub. L. 88-114, Sec. 1(3), Sept. 6, 1963, 77 Stat. 144, struck out item 358. 1959 - Pub. L. 86-155, Sec. 10(a)(2), Aug. 11, 1959, 73 Stat. 338, struck out items 239 and 309. 1958 - Pub. L. 85-861, Sec. 33(b)(2), Sept. 2, 1958, 72 Stat. 1567, added item 440. 1957 - Pub. L. 85-144, Sec. 2(b), 3, Aug. 14, 1957, 71 Stat. 367, added item 313a and struck out items 303, 304, 305, 307, 308, and 313. 1956 - Act Aug. 10, 1956, ch. 1041, Sec. 7(b), 8(b), 9(b), 70A Stat. 620, 623, added items 350 and 435 to 438, and substituted 'Enlistments; term, grade' for 'Enlistments' in item 351. Act July 20, 1956, ch. 647, Sec. 3(b), 70 Stat. 588, added item 439. 1955 - Act Aug. 9, 1955, ch. 684, Sec. 1(1), 69 Stat. 620, added items 245 to 248. Act June 8, 1955, ch. 136, Sec. 1, 69 Stat. 88, added item 370. 1950 - Act Aug. 3, 1950, ch. 536, Sec. 4, 64 Stat. 406, struck out items 233, 245, 246, 306, 314, 315, 356, 363, 364, and 425. YEAR-END STRENGTH FOR ACTIVE DUTY PERSONNEL AND AVERAGE MILITARY TRAINING STUDENT LOADS FOR EACH FISCAL YEAR AFTER FISCAL YEAR 1977; AUTHORIZATION AND APPROPRIATIONS Pub. L. 94-406, Sec. 6, Sept. 10, 1976, 90 Stat. 1236, which had required that Congress set the active duty end strength and average training student loads for each fiscal year for the Coast Guard, appropriations for those years not to be spent relating to those areas until Congress made such determination, was repealed and reenacted as section 661 of this title by Pub. L. 97-295, Sec. 2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1302, 1314. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 728 of this title. ------DocID 17136 Document 90 of 463------ -CITE- 14 USC OFFICERS -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS -HEAD- OFFICERS ------DocID 17137 Document 91 of 463------ -CITE- 14 USC A -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- A. Appointments ------DocID 17138 Document 92 of 463------ -CITE- 14 USC Sec. 211 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- Sec. 211. Original appointment of permanent commissioned officers -STATUTE- (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. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 177, and 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.) -MISC1- 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).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS The section is referred to in sections 282, 283 of this title. ------DocID 17139 Document 93 of 463------ -CITE- 14 USC Sec. 212 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- Sec. 212. Original appointment of permanent commissioned warrant officers -STATUTE- (a) The President may appoint, by and with the advice and consent of the Senate, permanent commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories: (1) warrant officers (W-1) of the Regular Coast Guard; (2) enlisted members of the Regular Coast Guard; (3) members of the Coast Guard Reserve; and (4) licensed officers of the United States merchant marine. (b) No person shall be appointed a commissioned warrant officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned warrant 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 the Coast Guard in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 177, and amended Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.) -MISC1- AMENDMENTS 1984 - Subsec. (a)(2). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men. ------DocID 17140 Document 94 of 463------ -CITE- 14 USC Sec. 213 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- Sec. 213. Original appointment of permanent warrant officers (W-1) -STATUTE- (a) The Secretary may appoint permanent warrant officers (W-1), in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories: (1) enlisted members of the Regular Coast Guard; (2) members of the Coast Guard Reserve; and (3) licensed officers of the United States merchant marine. (b) No person shall be appointed a warrant officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a warrant officer has been established under such regulations as the Secretary shall prescribe. (c) Appointees under this section shall take precedence with other warrant officers in accordance with the dates of their appointments. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 178, and amended Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.) -MISC1- AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men. ------DocID 17141 Document 95 of 463------ -CITE- 14 USC Sec. 214 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- Sec. 214. Original appointment of temporary officers -STATUTE- (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) 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. (d) 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. (e) An appointment under this section may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status. (f) 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. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 178, and 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.) -MISC1- AMENDMENTS 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 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 284, 710 of this title. ------DocID 17142 Document 96 of 463------ -CITE- 14 USC Sec. 221 to 232 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 221 to 232. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 221, act Aug. 4, 1949, ch. 393, 63 Stat. 512, authorized filling of vacancies in active list of regular commissioned officers. See sections 251, 271(b) of this title. Section 222, acts Aug. 4, 1949, ch. 393, 63 Stat. 512; May 14, 1960, Pub. L. 86-474, Sec. 1(16), 74 Stat. 146, related to promotion to flag rank. See section 256 of this title. Section 223, act Aug. 4, 1949, ch. 393, 63 Stat. 512, related to methods and criteria used in filling of vacancies by promotion. See sections 271, 294, and 335, of this title. Section 224, act Aug. 4, 1949, ch. 393, 63 Stat. 512, authorized filling of vacancies by appointment. See section 211 et seq. of this title. Section 225, act Aug. 4, 1949, ch. 393, 63 Stat. 513, authorized President to make permanent appointments. See section 212 of this title. Section 226, act Aug. 4, 1949, ch. 393, 63 Stat. 513, authorized appointment of temporary commissioned officers. See section 214 of this title. Section 227, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; May 5, 1950, ch. 169, Sec. 15, 64 Stat. 148, related to promotion and discharge of temporary commissioned officers. See sections 275, 284 of this title. Section 228, act Aug. 4, 1949, ch. 393, 63 Stat. 514, authorized appointment of commissioned warrant officers. See sections 213, 214 of this title. Section 229, act Aug. 4, 1949, ch. 393, 63 Stat. 514, related to revocation of commissions during first three years of service. See section 281 et seq. of this title. Section 230, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; May 29, 1954, ch. 249, Sec. 19(h), 68 Stat. 167, related to compulsory retirement of commissioned officers, with exception of commissioned warrant officers, at age 62. See section 293 of this title. Section 231, act Aug. 4, 1949, ch. 393, 63 Stat. 514, related to voluntary retirement after 30 years service. See section 292 of this title. Section 232, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; Aug. 4, 1955, ch. 553, Sec. 2, 69 Stat. 493, related to voluntary retirement after 20 years service. See section 291 of this title. ------DocID 17143 Document 97 of 463------ -CITE- 14 USC Sec. 233 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 233. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 515, related to retirement for disabilities incident to service. See sections 1204 and 1376 of Title 10, Armed Forces. ADDITIONAL REPEAL Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17144 Document 98 of 463------ -CITE- 14 USC Sec. 234 to 238 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 234 to 238. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 234, acts Aug. 4, 1949, ch. 393, 63 Stat. 515; Aug. 3, 1950, ch. 536, Sec. 5, 64 Stat. 406, related to retirement for failure in physical examination for promotion. See section 294 of this title. Section 235, act Aug. 4, 1949, ch. 393, 63 Stat. 515, related to designation and assembly of a personnel board, its procedure and its recommendations. See sections 251 to 254 of this title. Section 236, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to involuntary retirement after 30 years' service. Section 237, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to involuntary retirement after 10 years' service. Section 238, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to voluntary retirement when out of line of promotion. ------DocID 17145 Document 99 of 463------ -CITE- 14 USC Sec. 239 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 239. Repealed. Pub. L. 86-155, Sec. 10(a)(1), Aug. 11, 1959, 73 Stat. 338) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 516; Aug. 3, 1950, ch. 536, Sec. 6, 64 Stat. 406, authorized advancement to a higher grade upon retirement in case of special commendation. EFFECTIVE DATE OF REPEAL Section 10(b) of Pub. L. 86-155 provided that repeal of this section and section 309 of this title shall become effective on Nov. 1, 1959. ADDITIONAL REPEAL Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17146 Document 100 of 463------ -CITE- 14 USC Sec. 240 to 244 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 240 to 244. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 240, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, Sec. 7, 64 Stat. 407, authorized recall of retired officers in time of war or national emergency. See section 331 of this title. Section 241, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, Sec. 8, 64 Stat. 407, related to recall to active duty with the consent of the officer. See section 332 of this title. Section 242, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, Sec. 9, 64 Stat. 407, related to relief of retired officers promoted while on active duty. See section 333 of this title. Section 243, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3, 1950, ch. 536, Sec. 10, 64 Stat. 407; Aug. 14, 1957, Pub. L. 85-144, Sec. 1, 71 Stat. 366, related to retirement in cases where a higher grade has been held. See section 334 of this title. Section 244, act Aug. 4, 1949, ch. 393, 63 Stat. 517, related to resignation when out of line of promotion. ------DocID 17147 Document 101 of 463------ -CITE- 14 USC Sec. 245, 246 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 245, 246. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section 245, act Aug. 4, 1949, ch. 393, 63 Stat. 517, related to retiring or dropping for disabilities not incident to service. See section 1207 of Title 10, Armed Forces. Section 246, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to dropping for disabilities due to vicious habits. See section 1207 of Title 10. ADDITIONAL REPEAL Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17148 Document 102 of 463------ -CITE- 14 USC Sec. 247, 248 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS A -HEAD- (Sec. 247, 248. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 247, added act Aug. 9, 1955, ch. 684, Sec. 1(2), 69 Stat. 620, and amended May 14, 1960, Pub. L. 86-474, Sec. 1(17), 74 Stat. 146, related to involuntary retirement of rear admirals and to their retention on active list. See section 290 of this title. Section 248, added act Aug. 9, 1955, ch. 684, Sec. 1(2), 69 Stat. 620, related to involuntary retirement of captains, and to their retention on active list. See section 289 of this title. ------DocID 17149 Document 103 of 463------ -CITE- 14 USC B -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- B. Selection for Promotion ------DocID 17150 Document 104 of 463------ -CITE- 14 USC Sec. 251 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 251. Selection boards; convening of boards -STATUTE- At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 178.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 252, 253, 255, 258, 259, 260, 261, 283 of this title. ------DocID 17151 Document 105 of 463------ -CITE- 14 USC Sec. 252 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 252. Selection boards; composition of boards -STATUTE- A board convened under section 251 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179.) ------DocID 17152 Document 106 of 463------ -CITE- 14 USC Sec. 253 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 253. Selection boards; notice of convening; communication with board -STATUTE- (a) Before a board is convened under section 251 of this title, notice of the convening date, the promotion zone to be considered, the officers eligible for consideration, and the number of officers the board may recommend for promotion shall be given to the service at large. (b) Each officer eligible for consideration by a selection board convened under section 251 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning himself. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179, and amended Pub. L. 89-444, Sec. 1(15), June 9, 1966, 80 Stat. 196.) -MISC1- AMENDMENTS 1966 - Subsec. (a). Pub. L. 89-444 added officers eligible for consideration to list of items for which notice must be given to the service at large before a board is convened under section 251 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 289, 290 of this title. ------DocID 17153 Document 107 of 463------ -CITE- 14 USC Sec. 254 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 254. Selection boards; oath of members -STATUTE- Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon him. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 289, 290 of this title. ------DocID 17154 Document 108 of 463------ -CITE- 14 USC Sec. 255 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 255. Number of officers to be selected for promotion -STATUTE- Before convening a board under section 251 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179.) ------DocID 17155 Document 109 of 463------ -CITE- 14 USC Sec. 256 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 256. Promotion zones -STATUTE- (a) Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering - (1) the needs of the service; (2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and (3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern. However, such number of officers shall not exceed the number to be selected for promotion divided by six-tenths. (b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179, and amended Pub. L. 89-444, Sec. 1(16), June 9, 1966, 80 Stat. 196; Pub. L. 97-417, Sec. 2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99-661, div. A, title XIII, Sec. 1343(c), Nov. 14, 1986, 100 Stat. 3995.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-661 substituted 'rear admiral (lower half)' for 'commodore'. 1985 - Subsec. (a). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsecs. (a), (b). Pub. L. 97-417 substituted 'commodore' for 'rear admiral'. 1966 - Subsec. (a). Pub. L. 89-444 limited promotion zone by requiring that list of officers under consideration be officers eligible for consideration for promotion to next higher grade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 262 of this title. ------DocID 17156 Document 110 of 463------ -CITE- 14 USC Sec. 256a -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 256a. Promotion year; defined -STATUTE- For the purposes of this chapter, 'promotion year' means the period which commences on July 1 of each year and ends on June 30 of the following year. -SOURCE- (Added Pub. L. 94-546, Sec. 1(17), Oct. 18, 1976, 90 Stat. 2520.) ------DocID 17157 Document 111 of 463------ -CITE- 14 USC Sec. 257 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 257. Eligibility of officers for consideration for promotion -STATUTE- (a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving: (1) two years in the grade of lieutenant (junior grade); (2) three years in the grade of lieutenant; (3) four years in the grade of lieutenant commander; (4) four years in the grade of commander; and (5) three years in the grade of captain. (b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 275 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed. (c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible. (d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he - (1) continues on active duty; and (2) is not promoted to that grade. (e) An officer whose involuntary retirement or separation is deferred under section 295 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179, and amended Pub. L. 94-546, Sec. 1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98-557, Sec. 17(b)(1), Oct. 30, 1984, 98 Stat. 2867.) -MISC1- AMENDMENTS 1984 - Subsec. (e). Pub. L. 98-557 added subsec. (e). 1976 - Subsec. (a). Pub. L. 94-546, Sec. 1(19)(a), substituted 'promotion year' for 'fiscal year'. Subsec. (d). Pub. L. 94-546, Sec. 1(19)(b), struck out cl. (3) 'if serving in a grade below captain, has not twice failed of selection for promotion to the next higher grade.' ------DocID 17158 Document 112 of 463------ -CITE- 14 USC Sec. 258 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 258. Selection boards; information to be furnished boards -STATUTE- The Secretary shall furnish the appropriate selection board convened under section 251 of this title with: (1) the number of officers that the board may recommend for promotion to the next higher grade; and (2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion, with identification of those officers who are in the promotion zone. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180, and amended Pub. L. 89-444, Sec. 1(17), June 9, 1966, 80 Stat. 196.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-444 substituted 'officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion' for 'officers to be considered by the board' in cl. 2. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 289, 290 of this title. ------DocID 17159 Document 113 of 463------ -CITE- 14 USC Sec. 259 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 259. Officers to be recommended for promotion -STATUTE- (a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members. (b) The number of officers that a board convened under section 251 of this title may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed - (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander; (2) 7 1/2 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and (3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180, and amended Pub. L. 97-417, Sec. 2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.) -MISC1- AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsec. (b). Pub. L. 97-417 substituted 'commodore' for 'real admiral'. ------DocID 17160 Document 114 of 463------ -CITE- 14 USC Sec. 260 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 260. Selection boards; reports -STATUTE- (a) Each board convened under section 251 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion. (b) A board convened under section 251 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion of those officers whose names have been furnished to the board. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 289, 290, 729, 741 of this title. ------DocID 17161 Document 115 of 463------ -CITE- 14 USC Sec. 261 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 261. Selection boards; submission of reports -STATUTE- (a) A board convened under section 251 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval. (b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. (c) Upon approval by the President the names of officers selected for promotion by a board convened under section 251 of this title shall be promptly disseminated to the service at large. (d) Except as required by this section, the proceedings of a selection board shall not be disclosed to any person not a member of the board. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 181.) ------DocID 17162 Document 116 of 463------ -CITE- 14 USC Sec. 262 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS B -HEAD- Sec. 262. Failure of selection for promotion -STATUTE- (a) An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 256 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President. (b) An officer shall not be considered to have failed of selection if he was not considered by a selection board because of administrative error. If he is selected by the next succeeding selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had he been recommended by the first selection board. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 181.) -MISC1- PLACEMENT OUT OF LINE OF PROMOTION PRIOR TO SEPTEMBER 24, 1963 Section 2(a), (b) of Pub. L. 88-130 provided that: '(a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act (Sept. 24, 1963) shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the effective date of this Act, and shall be subject to the provisions of sections 282 through 285 of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the effective date of this Act. '(b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act (Sept. 24, 1963) shall be considered as having once failed of selection for promotion to the next higher grade.' ------DocID 17163 Document 117 of 463------ -CITE- 14 USC C -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- C. Promotions ------DocID 17164 Document 118 of 463------ -CITE- 14 USC Sec. 271 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 271. Promotions; appointments -STATUTE- (a) When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. (b) Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 42 of this title after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade. (c) An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months' active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary. (d) When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred. (e) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appointments of Reserve officers shall be made as prescribed in section 593 of title 10. (f) The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 181, and amended Pub. L. 91-278, Sec. 1(8), June 12, 1970, 84 Stat. 305; Pub. L. 97-417, Sec. 2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101-225, title II, Sec. 203(2), Dec. 12, 1989, 103 Stat. 1911.) -MISC1- AMENDMENTS 1989 - Subsec. (e). Pub. L. 101-225 inserted 'except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant' before the period at end of first sentence. 1985 - Subsec. (d). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsec. (c). Pub. L. 97-417, Sec. 2(5)(A), inserted a comma after 'ensign may'. Subsecs. (d) to (f). Pub. L. 97-417, Sec. 2(5)(B), (C), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1970 - Subsec. (c). Pub. L. 91-278 substituted 'twelve' for 'eighteen'. PERMANENT GRADES AND TITLES FOR OFFICERS HOLDING CERTAIN GRADES ON JANUARY 3, 1983 Section 4 of Pub. L. 97-417 provided that: '(a) An officer of the Coast Guard who on the day before the effective date of this Act (Jan. 4, 1983) - '(1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or '(2) was serving on active duty in the grade of admiral or vice admiral, shall after that date hold the permanent grade of rear admiral. '(b) An officer who on the day before the effective date of this Act (Jan. 4, 1983) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date hold the permanent grade of commodore, but shall retain the title of rear admiral. '(c) An officer who on the day before the effective date of this Act (Jan. 4, 1983) was on an approved list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral. '(d) An officer who on the day before the effective date of this Act (Jan. 4, 1983) - '(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or '(2) was on an approved list of officers recommended for promotion to the grade of rear admiral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral. '(e) An officer of the Coast Guard who on the day before the effective date of this Act (Jan. 4, 1983) held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled after that date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty - '(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and '(2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of - '(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or '(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. '(f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the effective date of this Act (Jan. 4, 1983) - '(1) was serving on active duty, and '(2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act.' TEMPORARY GRADES AND RECOMMENDATIONS FOR PROMOTIONS IN EFFECT PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(a), (b), and (d) of Pub. L. 88-130, protecting officers recommended for promotion or serving in temporary grade higher than permanent grade, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 272, 273, 274, 275 of this title. ------DocID 17165 Document 119 of 463------ -CITE- 14 USC Sec. 272 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 272. Removal of officer from list of selectees for promotion -STATUTE- (a) The President may remove the name of any officer from a list of selectees established under section 271 of this title. (b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 271 of this title, that officer's name shall be removed from this list. (c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182.) ------DocID 17166 Document 120 of 463------ -CITE- 14 USC Sec. 273 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 273. Promotions; acceptance; oath of office -STATUTE- (a) An officer who receives an appointment under section 271 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment. (b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182, and amended Pub. L. 94-546, Sec. 1(20), Oct. 18, 1976, 90 Stat. 2520.) -MISC1- AMENDMENTS 1976 - Subsec. (b). Pub. L. 94-546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5. ------DocID 17167 Document 121 of 463------ -CITE- 14 USC Sec. 274 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 274. Promotions; pay and allowances -STATUTE- An officer who is promoted under section 271 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182.) ------DocID 17168 Document 122 of 463------ -CITE- 14 USC Sec. 275 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 275. Wartime temporary service promotions -STATUTE- (a) In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency. (b) When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard. (c) In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W-4. ((d) Repealed. Pub. L. 97-417, Sec. 2(6), Jan. 4, 1983, 96 Stat. 2085.) (e) A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose. (f) A promotion under this section shall be made by an appointment for temporary service. An appointment under this section to a grade above captain shall be made by the President by and with the advice and consent of the Senate. An appointment under this section to grade above lieutenant commander of an officer in the Coast Guard Reserve shall be made by the President, by and with the advice and consent of the Senate. Any other appointments under this section shall be made by the President alone. (g) An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date. (h) An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade. (i) Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 271 of this title. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182, and amended Pub. L. 92-129, title VI, Sec. 605, Sept. 28, 1971, 85 Stat. 362; Pub. L. 97-417, Sec. 2(6), Jan. 4, 1983, 96 Stat. 2085.) -MISC1- AMENDMENTS 1983 - Subsec. (d). Pub. L. 97-417 repealed subsec. (d) which had established the grade of commodore in the Coast Guard for the purposes of this section. 1971 - Subsec. (f). Pub. L. 92-129 inserted provision covering appointments of officers in the Coast Guard Reserve to grades above lieutenant commander. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 257, 710 of this title. ------DocID 17169 Document 123 of 463------ -CITE- 14 USC Sec. 276 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 276. Promotion of officers not included on active duty promotion list -STATUTE- Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 183.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 336 of this title. ------DocID 17170 Document 124 of 463------ -CITE- 14 USC Sec. 277 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS C -HEAD- Sec. 277. Temporary promotions of warrant officers -STATUTE- Warrant officers may be temporarily promoted to higher warrant officer grades under such regulations as the Secretary may prescribe. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 183.) ------DocID 17171 Document 125 of 463------ -CITE- 14 USC D -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- D. Discharges; Retirements; Revocation of Commissions ------DocID 17172 Document 126 of 463------ -CITE- 14 USC Sec. 281 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 281. Revocation of commissions during first three years of commissioned service -STATUTE- The Secretary, under such regulations as he may prescribe, may revoke the commission of any regular officer on active duty who, at the date of such revocation, has had less than three years of continuous service as a commissioned officer in the Regular Coast Guard. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 183.) ------DocID 17173 Document 127 of 463------ -CITE- 14 USC Sec. 282 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 282. Regular lieutenants (junior grade); separation for failure of selection for promotion -STATUTE- Each officer of the Regular Coast Guard appointed under section 211 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall: (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184, and amended Pub. L. 94-546, Sec. 1(21), Oct. 18, 1976, 90 Stat. 2520.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-546 substituted 'promotion year' for 'fiscal year' in cl. (1). RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88-130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 286, 287 of this title. ------DocID 17174 Document 128 of 463------ -CITE- 14 USC Sec. 283 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 283. Regular lieutenants; separation for failure of selection for promotion; continuation -STATUTE- (a) Each officer of the Regular Coast Guard appointed under section 211 of this title who is serving in the grade of lieutenant and who has failed of selection for promotion to the grade of lieutenant commander for the second time shall: (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if, on the date specified for his discharge in this section, he has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date; or (4) if, on the date specified for his discharge in clause (1), he has completed at least eighteen years of active service, be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law. (b) When the needs of the service require, the Secretary may direct a selection board, which has been convened under section 251 of this title, to recommend for continuation on active duty for terms of not less than two nor more than four years a designated number of officers of the grade of lieutenant who would otherwise be discharged or retired under this section. When so directed, the board shall recommend for continuation on active duty those officers under consideration who are, in the opinion of the board, best qualified for continuation. Each officer so recommended may, with the approval of the Secretary, and notwithstanding subsection (a), be continued on active duty for the term recommended. Upon the completion of such a term he shall, unless selected for further continuation, be honorably discharged with severance pay computed under section 286 of this title, or, if eligible for retirement under any law, be retired. (c) Each officer who has been continued on active duty under subsection (b) shall, unless earlier removed from active duty, be retired on the last day of the month in which he completes twenty years of active service. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184, and amended Pub. L. 93-283, Sec. 1(6), May 14, 1974, 88 Stat. 140; Pub. L. 94-546, Sec. 1(22), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 97-295, Sec. 2(9), Oct. 12, 1982, 96 Stat. 1302.) -MISC1- AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-295 substituted 'of this title' for 'of this chapter' after 'section 251'. 1976 - Subsec. (a)(1). Pub. L. 94-546 substituted 'promotion year' for 'fiscal year'. 1974 - Subsec. (a)(3). Pub. L. 93-283 substituted 'he has completed at least 20 years of active service or is eligible' for 'he is eligible'. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88-130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 286, 287 of this title. ------DocID 17175 Document 129 of 463------ -CITE- 14 USC Sec. 284 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 284. Regular Coast Guard; officers serving under temporary appointments -STATUTE- (a) Each officer of the Regular Coast Guard appointed under section 214 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall: (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date. (b) Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184, and amended Pub. L. 94-546, Sec. 1(23), Oct. 18, 1976, 90 Stat. 2520.) -MISC1- AMENDMENTS 1976 - Subsec. (a)(1). Pub. L. 94-546 substituted 'promotion year' for 'fiscal year'. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88-130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 286, 287 of this title. ------DocID 17176 Document 130 of 463------ -CITE- 14 USC Sec. 285 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 285. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion -STATUTE- Each officer of the Regular Coast Guard serving in the grade of lieutenant commander or commander, who has failed of selection for promotion to the grade of commander or captain, respectively, for the second time shall: (1) if he has completed at least 20 years of active service or is eligible for retirement under any law on June 30 of the promotion year in which his second failure of selection occurs, be retired on that date; or (2) if ineligible for retirement on the date specified in clause (1) be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185, and amended Pub. L. 93-283, Sec. 1(7), May 14, 1974, 88 Stat. 140; Pub. L. 94-546, Sec. 1(24), Oct. 18, 1976, 90 Stat. 2521.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-546 substituted 'promotion year' for 'fiscal year' in cl. (1). 1974 - Pub. L. 93-283 substituted 'if he has completed at least 20 years of active service or is eligible' for 'if eligible' in cl. (1). INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR CONTINUATION ON ACTIVE DUTY Section 3 of Pub. L. 88-130 authorized the Secretary, until July 1, 1966, to convene boards to recommend for continuation on active duty officers of the Coast Guard on the active duty promotion list in specified categories. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF ANNUITY Savings provisions in section 5(h) of Pub. L. 88-130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 286, 287 of this title. ------DocID 17177 Document 131 of 463------ -CITE- 14 USC Sec. 286 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 286. Discharge in lieu of retirement; severance pay -STATUTE- (a) Each officer who is retained on active duty under section 283(a)(4), 283(b), or 285 of this title may, if he so requests, with the approval of the Secretary, be honorably discharged at any time prior to the date otherwise specified for his retirement or discharge. (b) Each officer discharged under this section or under section 282, 283, or 284 of this title is entitled to a lump-sum payment computed by multiplying his years of active commissioned service, but not more than twelve, by two months' basic pay of the grade in which he is serving on the date of his discharge. In determining the total number of years of active service to be used as a multiplier in computing this payment, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. The acceptance of a lump-sum payment under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received payment under this section until the total amount deducted equals the amount of the lump-sum payment. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185.) -MISC1- INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR CONTINUATION ON ACTIVE DUTY Section 3(p) of Pub. L. 88-130 authorized officers who failed of selection for continuation to request their discharge with severance pay computed in accordance with this section. ------DocID 17178 Document 132 of 463------ -CITE- 14 USC Sec. 286a -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 286a. Regular warrant officers: severance pay -STATUTE- (a) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 564(a)(3) of title 10 is computed by multiplying his years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by twice the monthly basic pay to which he is entitled at the time of separation. (b) The severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10 is computed by multiplying his years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended, but not more than 12, by the monthly basic pay to which he is entitled at the time of separation. (c) For the purposes of this section, a part of the year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. (d) The acceptance of severance pay under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received severance pay under this section, until the total deductions equal the amount of such severance pay. However, no person is entitled to severance pay under this section in an amount that is more than $15,000. -SOURCE- (Added Pub. L. 96-513, title V, Sec. 505(a)(1), Dec. 12, 1980, 94 Stat. 2918.) -REFTEXT- REFERENCES IN TEXT Section 511 of the Career Compensation Act of 1949, as amended, referred to in subsecs. (a) and (b), is set out as a note under section 564 of Title 10, Armed Forces. -MISC2- EFFECTIVE DATE Section effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-513, set out as a note under section 611 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 564, 1166. ------DocID 17179 Document 133 of 463------ -CITE- 14 USC Sec. 287 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 287. Separation for failure of selection for promotion or continuation; time of -STATUTE- If, under section 282, 283, 284, 285, 289, or 290 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185, and amended Pub. L. 92-451, Sec. 1(6), Oct. 2, 1972, 86 Stat. 755.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-451 inserted reference to section 290. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92-451, set out as a note under section 290 of this title. ------DocID 17180 Document 134 of 463------ -CITE- 14 USC Sec. 288 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 288. Regular captains; retirement -STATUTE- (a) Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone. (b) Retired pay computed under section 423(a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185, and amended Pub. L. 93-283, Sec. 1(8), May 14, 1974, 88 Stat. 140; Pub. L. 94-546, Sec. 1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96-342, title VIII, Sec. 813(f)(1), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97-417, Sec. 2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-348, title II, Sec. 205(b)(4), July 1, 1986, 100 Stat. 700; Pub. L. 99-661, div. A, title XIII, Sec. 1343(c), Nov. 14, 1986, 100 Stat. 3995.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-661 substituted 'rear admiral (lower half)' for 'commodore'. Subsec. (b). Pub. L. 99-348 substituted 'Retired pay computed under section 423(a) of this title' for 'Except as provided in section 423(b) of this title, the retired pay'. 1983 - Subsec. (a). Pub. L. 97-417 substituted 'commodore' for 'rear admiral'. 1980 - Subsec. (b). Pub. L. 96-342 substituted 'Except as provided in section 423(b)' for 'Notwithstanding section 423'. 1976 - Subsec. (a). Pub. L. 94-546 substituted 'promotion year' for 'fiscal year'. 1974 - Subsec. (a). Pub. L. 93-283 prohibited an involuntary retirement under this section of an officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone earlier than if he had not been selected from below the zone. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-283 effective Sept. 24, 1963, see section 2 of Pub. L. 93-283, set out as a note under section 214 of this title. RETIREMENT, RETIRED PAY, AND ELECTION OF ANNUITY AS AFFECTED BY PUB. L. 88-130 Savings provisions in section 5(f)-(h) of Pub. L. 88-130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 211 of this title. INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR CONTINUATION ON ACTIVE DUTY Section 3(a) of Pub. L. 88-130 excluded officers subject to retirement under this section during the fiscal year the selection board convened from being continued on active duty. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 190, 289 of this title. ------DocID 17181 Document 135 of 463------ -CITE- 14 USC Sec. 289 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 289. Captains; continuation on active duty; involuntary retirement -STATUTE- (a) The Secretary may, whenever the needs of the service require, but not more often than annually, convene a board consisting of not less than six officers of the grade of rear admiral (lower half) or rear admiral to recommend for continuation on active duty officers on the active duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years' service in that grade and who have not been selected for promotion to the grade of rear admiral (lower half). Officers who are subject to retirement under section 288 of this title during the promotion year in which the board meets shall not be considered by this board. (b) Whenever he convenes a board under this section, the Secretary shall establish a continuation zone. The zone shall consist of the most senior captains eligible for consideration for continuation on active duty who have not previously been placed in a continuation zone under this section. The Secretary shall, based upon the needs of the service, prescribe the number of captains to be included in the zone. (c) Based on the needs of the service the Secretary shall furnish the board with the number of officers that may be recommended for continuation on active duty. This number shall be no less than 50 percent of the number considered. The board shall select from the designated continuation zone, in the number directed by the Secretary, those officers who are, in the opinion of the board, best qualified for continuation on active duty. (d) The provisions of sections 253, 254, 258, and 260 of this title relating to selection for promotion shall, to the extent that they are not inconsistent with the provisions of this section, apply to boards convened under this section. (e) The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continuation on active duty. (f) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Upon approval by the President, the names of the officers selected for continuation on active duty by the board shall be promptly disseminated to the service at large. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any person not a member of the board. (g) Each officer who is considered but not recommended for continuation on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which the report of the continuation board convened under this section is approved, or the last day of the month in which he completes twenty years of active service, whichever is later. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 186, and amended Pub. L. 94-546, Sec. 1(26), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97-417, Sec. 2(8), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101-225, title II, Sec. 203(3), Dec. 12, 1989, 103 Stat. 1911.) -MISC1- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-225 substituted '50 percent' for '75 percent'. 1985 - Subsec. (a). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore' in two places. 1983 - Subsec. (a). Pub. L. 97-417 substituted 'commodore or rear admiral' for 'rear admiral' after 'six officers of the grade of', and 'commodore' for 'rear admiral' after 'promotion to the grade of'. 1976 - Subsecs. (a), (g). Pub. L. 94-546 substituted 'promotion year' for 'fiscal year' wherever appearing. EFFECTIVE DATE Section 6 of Pub. L. 88-130 provided that: 'Section 289 of title 14, United States Code, as enacted by section 1(10)(C) of this Act (see section 5(a) of Pub. L. 88-130, set out as a note under section 211 of this title), becomes effective three years after the effective date of this Act (Sept. 24, 1963), or on July 1, 1966, whichever is later.' CONSIDERATION FOR RETENTION ON ACTIVE DUTY UNDER FORMER SECTION 248 OF THIS TITLE Section 2(c) of Pub. L. 88-130 provided that: 'Officers who, prior to the effective date of this Act (Sept. 24, 1963), were considered but not selected for retention on active duty under the provisions of section 248, title 14, United States Code, shall remain subject to the provisions of subsections (b) and (c) of that section.' RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 190, 287, 726 of this title. ------DocID 17182 Document 136 of 463------ -CITE- 14 USC Sec. 290 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 290. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement -STATUTE- (a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in the grade of vice admiral or in the position of Chief of Staff are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral. A board shall consist of at least five officers serving in the grade of vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consideration for continuation during a promotion year in which he completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral. (b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation. (c) The provisions of sections 253, 254, 258, and 260 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section. (d) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. (e) Each officer who is considered but not continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which the report of the continuation board convened under this section is approved. (f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434 of this title. (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below. (g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain him under this subsection. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187, and amended Pub. L. 92-451, Sec. 1(7), Oct. 2, 1972, 86 Stat. 756; Pub. L. 94-546, Sec. 1(27), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97-136, Sec. 6(b), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-417, Sec. 2(9)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98-557, Sec. 25(a)(2), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V, Sec. 514(c)(1), (2)(A), Nov. 8, 1985, 99 Stat. 629.) -REFTEXT- REFERENCES IN TEXT Sections 433 and 434 of this title, referred to in subsec. (f), were repealed by Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549. -MISC2- AMENDMENTS 1985 - Pub. L. 99-145, Sec. 514(c)(2)(A), substituted 'rear admirals (lower half)' for 'commodores' in section catchline. Subsec. (a). Pub. L. 99-145, Sec. 514(c)(1), substituted 'rear admiral (lower half)' for 'commodore' in three places. 1984 - Subsec. (a). Pub. L. 98-557 substituted 'Boards' for 'Board'. 1983 - Pub. L. 97-417, Sec. 2(9)(A)(i), inserted 'and commodores' after 'Rear admirals' in section catchline. Subsec. (a). Pub. L. 97-417, Sec. 2(9)(A)(ii), substituted 'commodore or rear admiral' for 'rear admiral' after 'promotion list serving in the grade of' and after 'each officer serving in the grade of', and 'five years combined service in the grades of commodore and rear admiral' for 'five years service in that grade'. 1981 - Subsec. (a). Pub. L. 97-136 inserted 'or in the position of Chief of Staff' after 'vice admiral'. 1976 - Subsecs. (a), (e) to (g). Pub. L. 94-546 substituted 'promotion year' for 'fiscal year' wherever appearing. 1972 - Pub. L. 92-451 substituted 'continuation on active duty' for 'retention on the active list' in section catchline. Subsecs. (a), (b). Pub. L. 92-451 added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (f) and (g), respectively. Subsec. (c). Pub. L. 92-451 added subsec. (c). Former subsec. (c) provided that provisions of former subsecs. (a) and (b) were inapplicable to officers serving as Commandants. Subsecs. (d), (e). Pub. L. 92-451 added subsecs. (d) and (e). Subsec. (f). Pub. L. 92-451 incorporated provisions of former subsec. (a) in provisions designated as subsec. (f), and among other changes extended the minimum service for retirement from 35 years to 36 years of active commissioned service and deleted the alternative seven year permanent grade service. Subsec. (g). Pub. L. 92-451 incorporated provisions of former subsec. (b) in provisions designated as subsec. (g), and among other changes, substituted officer for rear admiral. EFFECTIVE DATE OF 1972 AMENDMENT Section 3 of Pub. L. 92-451 provided that: 'This Act (enacting sections 50 and 51 of this title, and amending this section, sections 41, 42, 44, 47, and 287 of this title, and section 202 of Title 37, Pay and Allowances of the Uniformed Services) is effective upon enactment (Oct. 2, 1972) except that continuation boards, pursuant to subsection (a) of section 290 of title 14, United States Code, as amended by this Act (subsec. (a) of this section), may not be held until one year following enactment hereof (Oct. 2, 1972). During the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years' service in that grade. Subsections (b) through (g) of section 290 and other sections of title 14, United States Code, as amended by this Act (sections 41, 42, 44, 47, 50, 51, and 287 of this title), apply to continuation board action taken pursuant to this section. No officer who is entitled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduction which results from this Act in the number of officers entitled to the basic pay of a rear admiral of the upper half.' RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 287 of this title. ------DocID 17183 Document 137 of 463------ -CITE- 14 USC Sec. 291 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 291. Voluntary retirement after twenty years' service -STATUTE- Any regular commissioned officer who has completed twenty years' active service in the Coast Guard, Navy, Army, Air Force, or Marine Corps, or the Reserve components thereof, including active duty for training, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187, and amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade with which retired' after 'from active service'. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 274. ------DocID 17184 Document 138 of 463------ -CITE- 14 USC Sec. 292 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 292. Voluntary retirement after thirty years' service -STATUTE- Any regular commissioned officer who has completed thirty years' service may, upon his own application, in the discretion of the Secretary, be retired from active service. (FOOTNOTE 1) (FOOTNOTE 1) See 1986 Amendment note below. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187, and amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-348 which directed that ', with retired pay of the grade with which retired' be struck out was executed by striking out that phrase after 'from active service' as the probable intent of Congress even though there was no comma, before 'with retired'. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130, providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. ------DocID 17185 Document 139 of 463------ -CITE- 14 USC Sec. 293 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 293. Compulsory retirement at age of sixty-two -STATUTE- Any regular commissioned officer, except a commissioned warrant officer, who has reached the age of sixty-two shall be retired from active service. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187, and amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade with which retired' after 'from active service'. RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. ------DocID 17186 Document 140 of 463------ -CITE- 14 USC Sec. 294 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 294. Retirement for physical disability after selection for promotion; grade in which retired -STATUTE- An officer whose name appears on an approved list of officers selected for promotion to the next higher grade and who is retired for physical disability under the provisions of chapter 61 of title 10 prior to being promoted shall be retired in the grade to which he was selected for promotion. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187.) -MISC1- RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963 Savings provisions in section 5(g) of Pub. L. 88-130 providing that Pub. L. 88-130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title. ------DocID 17187 Document 141 of 463------ -CITE- 14 USC Sec. 295 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- Sec. 295. Deferment of retirement or separation for medical reasons -STATUTE- (a) Subject to subsection (b), the Secretary may defer the retirement or separation of a commissioned officer, other than a commissioned warrant officer, if the evaluation of the physical condition of the officer and determination of the officer's entitlement to retirement or separation for physical disability require hospitalization, medical observation, or other physical disability processing that cannot be completed before the date on which the officer would otherwise be retired or separated. (b) A deferment under subsection (a) - (1) may only be made with the consent of the officer involved; and (2) if the Secretary receives written notice from the officer withdrawing that consent, shall end not later than the end of the sixty-day period beginning on the date the Secretary receives that notice. -SOURCE- (Added Pub. L. 98-557, Sec. 17(b)(2)(A), Oct. 30, 1984, 98 Stat. 2867.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 257 of this title. ------DocID 17188 Document 142 of 463------ -CITE- 14 USC Sec. 301, 302 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 301, 302. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 301, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to permanent appointment of warrant officers. See section 213 of this title. Section 302, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to temporary appointments of warrant officers. See section 214 of this title. ------DocID 17189 Document 143 of 463------ -CITE- 14 USC Sec. 303 to 305 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 303 to 305. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68 Stat. 167) -MISC1- Section 303, act Aug. 4, 1949, ch. 393, 63 Stat. 518, required compulsory retirement of warrant officers reaching age of sixty-two years, with retired pay of grade with which retired. Section 304, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement of warrant officers after thirty years' service, with retired pay of grade with which retired. Section 305, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement after twenty years' service, with retired pay of grade with which retired. ADDITIONAL REPEAL Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17190 Document 144 of 463------ -CITE- 14 USC Sec. 306 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 306. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 519, related to retirement for disabilities incident to service. See sections 1204 and 1376 of Title 10, Armed Forces. ADDITIONAL REPEAL Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17191 Document 145 of 463------ -CITE- 14 USC Sec. 307, 308 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 307, 308. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68 Stat. 167) -MISC1- Section 307, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for compulsory retirement of warrant officers after thirty years' service, upon recommendation of a personnel board. Section 308, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for retired pay of warrant officers involuntarily retired under section 307. ADDITIONAL REPEAL Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17192 Document 146 of 463------ -CITE- 14 USC Sec. 309 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 309. Repealed. Pub. L. 86-155, Sec. 10(a)(1), Aug. 11, 1959, 73 Stat. 338) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, Sec. 11, 64 Stat. 407, authorized retirement of warrant officers with grade of commissioned warrant officer in case of special commendation. EFFECTIVE DATE OF REPEAL Repeal of section effective November 1, 1959, see section 10(b) of Pub. L. 86-155, set out as a note under section 239 of this title. ADDITIONAL REPEAL Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17193 Document 147 of 463------ -CITE- 14 USC Sec. 310 to 312 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 310 to 312. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section 310, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, Sec. 12, 64 Stat. 407, related to recall to active duty during war or national emergency of warrant officers. See section 331 of this title. Section 311, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, Sec. 13, 64 Stat. 407, related to recall of warrant officers to active duty with consent of the officer. See section 332 of this title. Section 312, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, Sec. 14, 64 Stat. 407, related to relief of retired warrant officer promoted while on active duty. See section 333 of this title. ------DocID 17194 Document 148 of 463------ -CITE- 14 USC Sec. 313 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 313. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68 Stat. 167) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, Sec. 15, 64 Stat. 407, provided that any warrant officer who was retired under sections 303 to 305 or 307 of this title should be retired from active service with the highest grade held by him in which his performance of duty was satisfactory, but not lower than his permanent grade, with retired pay of the grade with which retired. It implemented such sections 303 to 305 and 307 which were also repealed by act May 29, 1954. See notes under those former sections. ADDITIONAL REPEAL Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177. ------DocID 17195 Document 149 of 463------ -CITE- 14 USC Sec. 313a -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 313a. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24, 1963, 77 Stat. 177) -MISC1- Section, added Pub. L. 85-144, Sec. 2(a), Aug. 14, 1957, 71 Stat. 367, related to retirement of warrant officers in cases where higher grade has been held. See section 334 of this title. ------DocID 17196 Document 150 of 463------ -CITE- 14 USC Sec. 314, 315 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS D -HEAD- (Sec. 314, 315. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section 314, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to retiring or dropping for disabilities not incident to service. See section 1207 of Title 10, Armed Forces. Section 315, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to dropping for disabilities due to vicious habits. See section 1207 of Title 10. ------DocID 17197 Document 151 of 463------ -CITE- 14 USC E -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- E. Separation for Cause ------DocID 17198 Document 152 of 463------ -CITE- 14 USC Sec. 321 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 321. Review of records of officers -STATUTE- The Secretary may at any time convene a board of officers to review the record of any officer of the Regular Coast Guard to determine whether he shall be required to show cause for his retention on active duty - (1) because his performance of duty has fallen below the standards prescribed by the Secretary, or (2) because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 322, 323, 324, 327 of this title. ------DocID 17199 Document 153 of 463------ -CITE- 14 USC Sec. 322 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 322. Boards of inquiry -STATUTE- (a) Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 321 of this title should be retained on active duty. (b) A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention. (c) If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall send the record of its proceedings to a board of review. (d) If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321 of this title, and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188, and amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302.) -MISC1- AMENDMENTS 1982 - Subsec. (d). Pub. L. 97-295 inserted 'of this title' after 'section 321'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 324, 325, 327 of this title. ------DocID 17200 Document 154 of 463------ -CITE- 14 USC Sec. 323 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 323. Boards of review -STATUTE- (a) Boards of review shall be convened at such times as the Secretary may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal. (b) If, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained, it shall send its recommendation to the Secretary for his action. (c) If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on active duty, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321 of this title and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188, and amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302.) -MISC1- AMENDMENTS 1982 - Subsec. (c). Pub. L. 97-295 inserted 'of this title' after 'section 321'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 324, 326, 327 of this title. ------DocID 17201 Document 155 of 463------ -CITE- 14 USC Sec. 324 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 324. Composition of boards -STATUTE- (a) A board convened under section 321, 322, or 323 of this title shall consist of at least three officers of the grade of commander or above, all of whom are serving in a grade senior to the grade of any officer considered by the board. (b) No person may be a member of more than one board convened under section 321, 322, or 323 of this title to consider the same officer. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188.) ------DocID 17202 Document 156 of 463------ -CITE- 14 USC Sec. 325 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 325. Rights and procedures -STATUTE- Each officer under consideration for removal under section 322 of this title shall be - (1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention; (2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense; (3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and (4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188.) ------DocID 17203 Document 157 of 463------ -CITE- 14 USC Sec. 326 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 326. Removal of officer from active duty; action by Secretary -STATUTE- The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 323 of this title. The Secretary's action in such as case is final and conclusive. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 327 of this title. ------DocID 17204 Document 158 of 463------ -CITE- 14 USC Sec. 327 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS E -HEAD- Sec. 327. Officers considered for removal; retirement or discharge; severance benefits -STATUTE- (a) At any time during proceedings under section 322 or 323 of this title, and before the removal of an officer, the Secretary may grant a request - (1) for voluntary retirement, if the officer is otherwise qualified therefor; or (2) for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or (3) for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321 of this title. (b) Each officer removed from active duty under section 326 of this title shall - (1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or (2) 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 (3) if on that date the officer is ineligible for voluntary retirement under any law, be 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 (2) of section 321 of this title. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189, and amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 99-348, title II, Sec. 205(b)(6), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 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 'section 322 or 323' and 'section 321' wherever appearing. ------DocID 17205 Document 159 of 463------ -CITE- 14 USC F -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- F. Miscellaneous Provisions ------DocID 17206 Document 160 of 463------ -CITE- 14 USC Sec. 331 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 331. Recall to active duty during war or national emergency -STATUTE- In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189.) ------DocID 17207 Document 161 of 463------ -CITE- 14 USC Sec. 332 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 332. Recall to active duty with consent of officer -STATUTE- (a) Any regular officer on the retired list may, with his consent, be assigned to such duties as he may be able to perform. (b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 1 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189, and amended Pub. L. 89-444, Sec. 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91-278, Sec. 1(9), June 12, 1970, 84 Stat. 305.) -MISC1- AMENDMENTS 1970 - Subsec. (a). Pub. L. 91-278 struck out prohibition against recall to duty in time of peace of any officer on retired list who reached age of sixty-two years. 1966 - Subsec. (b). Pub. L. 89-444 provided that the percentage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired officers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year. ------DocID 17208 Document 162 of 463------ -CITE- 14 USC Sec. 333 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 333. Relief of retired officer promoted while on active duty -STATUTE- Any regular officer on the retired list recalled to active duty who during such active duty is advanced to a higher grade under an appointment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the retired list to the highest grade held while on such active duty. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189.) ------DocID 17209 Document 163 of 463------ -CITE- 14 USC Sec. 334 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 334. Grade on retirement -STATUTE- (a) Any commissioned officer, other than a commissioned warrant officer, who is retired under any provision of this title, shall be retired from active service with the highest grade held by him for not less than six months while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory. (b) Any warrant officer who is retired under any provision of section 564, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W-4, held by him for not less than six months on active duty in which, as determined by the Secretary, his performance of duty was satisfactory. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 190, and amended Pub. L. 89-444, Sec. 1(19), June 9, 1966, 80 Stat. 196; Pub. L. 99-348, title II, Sec. 205(b)(7), July 1, 1986, 100 Stat. 700.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-348, Sec. 205(b)(7)(A), struck out ', with retired pay of the grade with which retired' after 'satisfactory'. Subsec. (b). Pub. L. 99-348, Sec. 205(b)(7), struck out ', with retired pay of the grade with which retired' after 'satisfactory' and struck out provision that when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be retired under section 1371 of title 10, the retired pay was to be based on the higher rate of pay. 1966 - Pub. L. 89-444 substituted 'Grade on retirement' for 'Retirement in cases where higher grade has been held' in section catchline. ------DocID 17210 Document 164 of 463------ -CITE- 14 USC Sec. 335 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 335. Physical fitness of officers -STATUTE- The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined. -SOURCE- (Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 190.) ------DocID 17211 Document 165 of 463------ -CITE- 14 USC Sec. 336 -EXPCITE- TITLE 14 PART I CHAPTER 11 OFFICERS F -HEAD- Sec. 336. United States Coast Guard Band; composition; director -STATUTE- (a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary. (b) The Secretary shall designate the director from among qualified members of the Coast Guard. Upon the recommendation of the Secretary, a member so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard. (c) The initial appointment to a commissioned grade of a member designated as director of the Coast Guard Band shall be in the grade of lieutenant (junior grade) or lieutenant. (d) A member who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under section 276 of this title. However, the grade of the director may not be higher than lieutenant commander. (e) The Secretary may revoke any designation as director of the Coast Guard Band. When a member's designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option: (1) to be discharged from the Coast Guard; or (2) to revert to the grade and status he held at the time of his designation as director. -SOURCE- (Added Pub. L. 89-189, Sec. 1(1), Sept. 17, 1965, 79 Stat. 820.) ------DocID 17212 Document 166 of 463------ -CITE- 14 USC ENLISTED MEMBERS -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- ENLISTED MEMBERS -MISC1- AMENDMENTS 1984 - Pub. L. 98-557, Sec. 15(a)(4)(E)(i), Oct. 30, 1984, 98 Stat. 2866, substituted 'MEMBERS' for 'MEN' in heading. ------DocID 17213 Document 167 of 463------ -CITE- 14 USC Sec. 350 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 350. Recruiting campaigns -STATUTE- The Secretary shall initiate and carry forward an intensified voluntary enlistment campaign to obtain the required personnel strengths. -SOURCE- (Added Aug. 10, 1956, ch. 1041, Sec. 7(a), 70A Stat. 620.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 350 34:187 (as made Oct. 6, 1945, ch. applicable to Coast 393, Sec. 2 (as Guard by 34:189). made applicable to Coast Guard by Sec. 13), 13 (as applicable to Sec. 2), 59 Stat. 538, 542. 34:189 (as applicable June 24, 1948, ch. to 34:187). 625, Sec. 20 (last 50 App.:470 (last sentence), 62 Stat. sentence). 627; Sept. 27, 1950, ch. 1059, Sec. 1(14), 64 Stat. 1074 ------------------------------- ------DocID 17214 Document 168 of 463------ -CITE- 14 USC Sec. 351 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 351. Enlistments; term, grade -STATUTE- (a) Under regulations prescribed by the Secretary, the Commandant may enlist persons for minority or terms of full years not exceeding six years. (b) The Secretary shall prescribe the grades or ratings for persons enlisting in the Regular Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, Sec. 16, 64 Stat. 407; Aug. 10, 1956, ch. 1041, Sec. 8(a), 53, 70A Stat. 620, 679; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(F), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., Sec. 35, 35a, 206 (May 26, 1906, ch. 2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Apr. 21, 1924, ch. 130, Sec. 6, 43 Stat. 106; July 30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July 11, 1941, ch. 290, Sec. 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, Sec. 3, 55 Stat. 629). Section 35 of title 14, U.S.C., 1946 ed., has been divided. The provisions of the first sentence of subsection (a) are placed in this section. The proviso of subsection (a) is covered in section 367(b) of this title. Subsection (b) is placed in section 365 of this title. Subsections (c) and (d) are placed in section 367(a) of this title, except that part (3) of subsection (c) is covered by section 366 of this title. Section 206 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with special temporary enlistments is incorporated in this section. That part dealing with temporary appointments of warrant officers is placed in section 302 of this title. Certain additional details concerning the two types of enlistments are added; these details were previously covered in Coast Guard Regulations. This section makes provision for the enlistment of personnel in the Coast Guard. The first sentence grants the necessary authority to the Secretary, changes existing law in regard to the term of enlistment from 'not to exceed four years' to 'not to exceed six years', and adds a provision for the enlistment of minors for their minority only, such provision being in accordance with existing law applicable to the Navy. The next three sentences establish and define the two types of enlistments that are now in effect in the Coast Guard, setting forth the basic difference in the two types. The last sentence continues a provision to the effect that original enlistments in the Coast Guard shall be temporary. This section is a combination of existing law and regulations in regard to enlistments, with changes as noted above. See title 14, U.S.C., 1946 ed., Sec. 35, and Coast Guard Regulations, sections 531 and 532. 81st Congress, House Report No. 557. 1956 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 351 14:351. Aug. 4, 1949, ch. 393, Sec. 1 (351), 63 Stat. 520; Aug. 3, 1950, ch. 536, Sec. 16, 64 Stat. 407. 34:188 (as made Oct. 6, 1945, ch. applicable to Coast 393, Sec. 5 (as made Guard by 34:189). applicable to Coast 34:189 (as applicable Guard by Sec. 13), to 34:188). 13 (as applicable to Sec. 5); 59 Stat. 539, 542. ------------------------------- The words 'notwithstanding any other provision of law' and 'or reenlisted' are omitted as surplusage. 34 U.S.C. 188 (proviso) is omitted as executed. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-557 substituted reference to persons for reference to men. 1956 - Act Aug. 10, 1956, repealed and reenacted section by general amendment thereby designating existing provisions as subsec. (a) and adding subsec. (b), relating to grades or ratings of enlistees. 1950 - Act Aug. 3, 1950, struck out references to two types of enlistments that were deemed necessary prior to the enactment of the Career Compensation Act. -CROSS- CROSS REFERENCES Deserter, subsequent enlistment, see section 508 of this title. Detention beyond term of enlistment, see section 367 of this title. Extension of enlistment, see section 365 of this title. Fraudulent enlistment as offense, see section 883 of Title 10, Armed Forces. Inclusion of certain conditions in enlistment contract, see section 369 of this title. Oath of enlistment, see section 502 of Title 10, Armed Forces. Person transferred to reserve, see sections 512, 595 of Title 10. Retention beyond term of enlistment in case of disability, see section 366 of this title. Uniform Code of Military Justice, provisions explained to enlisted personnel, see section 937 of Title 10, Armed Forces. ------DocID 17215 Document 169 of 463------ -CITE- 14 USC Sec. 352 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 352. Promotion -STATUTE- Enlisted members shall be advanced in rating by the Commandant under regulations prescribed by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 520; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(C), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 14, U.S.C., 1946 ed., Sec. 23 (Apr. 16, 1908, ch. 145, Sec. 8, 35 Stat. 62). Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U.S.C., 1946 ed., Sec. 23, have been left to administrative control heretofore, and this has proved most satisfactory, the entire promotion of enlisted men is delegated to administrative control by this section. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted 'Enlisted members' for 'Enlisted men'. ------DocID 17216 Document 170 of 463------ -CITE- 14 USC Sec. 353 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 353. Compulsory retirement at age of sixty-two -STATUTE- Any enlisted member who has reached the age of sixty-two shall be retired from active service. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 520; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(8), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 173 (Apr. 12, 1902, ch. 501, Sec. 4, 32 Stat. 100). Section 173 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 230 of this title. That part dealing with warrant officers is placed in section 303 of this title. The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade or rating with which retired' after 'active service'. 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. -CROSS- CROSS REFERENCES Retirement, where higher grade has been held, see section 362 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 362 of this title. ------DocID 17217 Document 171 of 463------ -CITE- 14 USC Sec. 354 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 354. Voluntary retirement after thirty years' service -STATUTE- Any enlisted member who has completed thirty years' service may, upon his own application, in the discretion of the Commandant, be retired from active service. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 521; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(8), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 175 (Jan. 28, 1915, ch. 20, Sec. 3, 38 Stat. 801). Said section has been divided. That part dealing with retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned officers is placed in section 231 of this title. That part dealing with retirement of warrant officers is placed in section 304 of this title. That part providing for retired pay is incorporated in section 423 of this title. That part providing for assignment of duties to retired personnel is incorporated in sections 241, 311, and 360 of this title. The authority to approve was granted to the Commandant in lieu of the Secretary. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade or rating with which retired' after 'active service'. 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. -CROSS- CROSS REFERENCES Retirement, where higher grade has been held, see section 362 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 362 of this title. ------DocID 17218 Document 172 of 463------ -CITE- 14 USC Sec. 355 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 355. Voluntary retirement after twenty years' service -STATUTE- Any enlisted member who has completed twenty years' service may, upon his own application, in the discretion of the Commandant, be retired from active service. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 521; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(8), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 185a (May 24, 1939, ch. 146, Sec. 2, 53 Stat. 755). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade or rating with which retired' after 'active service'. 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. -CROSS- CROSS REFERENCES Retirement where higher grade has been held, see section 362 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 362 of this title. ------DocID 17219 Document 173 of 463------ -CITE- 14 USC Sec. 356 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- (Sec. 356. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 521, related to retirement for disabilities incident to service. See sections 1204 and 1376 of Title 10, Armed Forces. ------DocID 17220 Document 174 of 463------ -CITE- 14 USC Sec. 357 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 357. Enlisted Personnel Board -STATUTE- (a) The Commandant shall assemble annually a Coast Guard Enlisted Personnel Board, of not less than three commissioned officers on the active list, who shall recommend for retirement such enlisted members who have twenty years of service, as the Board determines, in its discretion, should be retired from active service. The recommendations of the Board shall be transmitted to the Commandant for final action. If the Commandant approves the recommendations of the Board, the enlisted members concerned shall be notified thereof in writing, and any enlisted member who, within thirty days after receipt of such notification, files with the Commandant a written protest of the action taken by the Board in his case, shall not be retired involuntarily under this section unless a subsequent annual Board again determines, in its discretion, and recommends that such enlisted member should be retired, in which case such enlisted member may, upon approval by the Commandant, be retired from active service. At the expiration of thirty days after receipt by an enlisted member of notice as aforesaid, in the event that no such protest is filed by him within the period prescribed, such enlisted member may, upon approval by the Commandant, be retired from active service. If the Commandant disapproves any recommendation of the Board the enlisted member concerned shall retain his status to the same extent as if his case had not been considered. (b) Any enlisted member who has completed twenty years' service and who has been retired from active duty by the Commandant pursuant to the action of an Enlisted Personnel Board shall receive retired pay. (c) Any enlisted member retired by reason of twenty years' service, whether voluntarily or involuntarily, who has been cited for extraordinary heroism in line of duty, as determined by the Secretary, whose determination shall be final and conclusive, shall be entitled to have his retired pay increased by an amount equal to 10 percent of - (1) the active-duty pay and permanent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under section 423(a) of this title; or (2) the member's retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 521; Aug. 3, 1950, ch. 536, Sec. 17, 64 Stat. 407; Sept. 6, 1963, Pub. L. 88-114, Sec. 1(1), 77 Stat. 144; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), (B), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(9), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 185, 185d (May 24, 1939, ch. 146, Sec. 1, 5, 53 Stat. 755). Subsection (b) is new and implements the preceding subsection; it seems necessary in view of certain statutes enacted as the result of World War II. Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 185d (May 24, 1939, ch. 146, Sec. 5, 53 Stat. 756). Said section has been divided. The first sentence is incorporated in section 423 of this title. The second proviso is incorporated in section 424 of this title. The remainder is placed in this subsection. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-348, Sec. 205(b)(9)(A), substituted 'retired pay' for 'the retired pay of the grade or rating with which retired'. Subsec. (c). Pub. L. 99-348, Sec. 205(b)(9)(B), substituted provision that retired pay be increased by an amount equal to 10 percent of the active-duty pay and permanent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under 423(a) of this title, or the member's retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title for provision that the retired pay be increased by an amount equal to 10 per cent of the active-duty pay and permanent additions thereto of the grade or rating with which retired. 1984 - Pub. L. 98-557, Sec. 15(a)(3)(A), substituted reference to enlisted member for reference to enlisted man wherever appearing in subsecs. (a) to (c). Subsec. (a). Pub. L. 98-557, Sec. 15(a)(3)(B), substituted reference to enlisted members for reference to enlisted men in two places. 1963 - Subsec. (c). Pub. L. 88-114 struck out provisions which entitled enlisted men whose average marks in conduct were not less than 97 1/2 percent of the maximum to a 10-percent increase of their retired pay. 1950 - Subsec. (c). Act Aug. 3, 1950, substituted 'years' ' for 'years'. SERVICE CREDIT FOR CERTAIN ENLISTED PERSONNEL Act June 3, 1948, ch. 394, 62 Stat. 302, provided: 'That those enlisted men of the Coast Guard who, during 1940 and 1941, were discharged from the Coast Guard to accept employment as policemen and guards at the Ivigtut Cryolite Mine, Greenland, and who reenlisted in the Coast Guard within three months after the termination of their service as such policemen and guards, shall be credited with the time between discharge and reenlistment for purposes of longevity pay and retirement, but no increased retroactive pay shall accrue by reason of the enactment of this Act.' ENLISTED MEN IN SERVICE ON SEPTEMBER 6, 1963 Section 2 of Pub. L. 88-114 provided that: 'The amendment made by subsection (1) of section 1 of this Act (amending this section) does not apply to any enlisted man in service on the effective date of this Act (Sept. 6, 1963).' -CROSS- CROSS REFERENCES Retirement where higher grade has been held, see section 362 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 362 of this title. ------DocID 17221 Document 175 of 463------ -CITE- 14 USC Sec. 358 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- (Sec. 358. Repealed. Pub. L. 88-114, Sec. 1(2), Sept. 6, 1963, 77 Stat. 144) -MISC1- Section, act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 522, limited number of retirements in a calendar year of enlisted men who had completed 20 years of service, to not more than the whole number nearest 1 percent of the total enlisted force on the active list, and any men so authorized to be retired annually who were not so retired, could be retired during any subsequent year providing the total retired in that year did not exceed 3 percent of the total enlisted force. ------DocID 17222 Document 176 of 463------ -CITE- 14 USC Sec. 359 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 359. Recall to active duty during war or national emergency -STATUTE- In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec. 18, 64 Stat. 407; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 185c (May 24, 1939, ch. 146, Sec. 4, 53 Stat. 755). This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see Sec. 240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. 1950 - Act Aug. 3, 1950, struck out all references to pay. ------DocID 17223 Document 177 of 463------ -CITE- 14 USC Sec. 360 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 360. Recall to active duty with consent of member -STATUTE- Any enlisted member on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted member on the retired list who has reached the age of sixty-two years shall be recalled in time of peace. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec. 19, 64 Stat. 407; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), (4)(B)(i), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 185c (May 24, 1939, ch. 146, Sec. 4, 53 Stat. 755). This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see Sec. 241 and 311 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted 'member' for 'man' in section catchline, and in text substituted reference to enlisted member for reference to enlisted man in two places. 1950 - Act Aug. 3, 1950, struck out all references to pay. ------DocID 17224 Document 178 of 463------ -CITE- 14 USC Sec. 361 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 361. Relief of retired enlisted member promoted while on active duty -STATUTE- Any enlisted member on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the member served satisfactorily on active duty. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec. 20, 64 Stat. 407; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), (G), (4)(C)(i), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 3501(a) and (b), 350j(b) (July 24, 1941, ch. 320, Sec. 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, Sec. 8(a), 60 Stat. 28). Said sections have application to officers only, but in accord with the general plan to make as many provisions as possible applicable both to officers and men, it seems highly desirable to provide similarly for enlisted men - a fortiori because there are cases in the Coast Guard in which enlisted men are suffering inequitably because there is no provision for advancing men on the retired list after they have been advanced in rating while serving on active duty after recall from the retired list. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 in section catchline substituted 'enlisted member' for 'man', and in two places in text substituted 'member' for 'man'. 1950 - Act Aug. 3, 1950, struck out all references to pay. ------DocID 17225 Document 179 of 463------ -CITE- 14 USC Sec. 362 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 362. Retirement in cases where higher grade or rating has been held -STATUTE- Any enlisted member who is retired under any provision of section 353, 354, 355, or 357 of this title shall be retired from active service with highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec. 21, 64 Stat. 407; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(9), 96 Stat. 1302; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(8), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 34, U.S.C., 1946 ed., Sec. 3501(e) (July 24, 1941, ch. 320, Sec. 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, Sec. 8(a), 60 Stat. 28). The requirement that the higher grade or rating be held prior to June 30, 1946, has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the act of June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., Sec. 350j(b)). 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out ', with retired pay of the grade or rating with which retired' after 'permanent grade or rating'. 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. 1982 - Pub. L. 97-295 substituted 'of this title' for 'of this chapter' after '357'. 1950 - Act Aug. 3, 1950, struck out reference to section 356. ------DocID 17226 Document 180 of 463------ -CITE- 14 USC Sec. 363, 364 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- (Sec. 363, 364. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section 363, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to retiring or dropping for disabilities not incident to service. See section 1207 of Title 10, Armed Forces. Section 364, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to dropping for disabilities due to vicious habits. See section 1207 of Title 10. ------DocID 17227 Document 181 of 463------ -CITE- 14 USC Sec. 365 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 365. Extension of enlistments -STATUTE- Under regulations prescribed by the Secretary, the term of enlistment of any enlisted member may, by voluntary written agreement, be extended and re-extended for a period not exceeding six full years from the date of expiration of the then-existing term of enlistment, and subsequent to such date an enlisted member who so extends his term of enlistment shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon expiration of his term of enlistment. However, the total of all such extensions of an enlistment may not exceed six years. No such extension shall operate to deprive the enlisted member concerned, upon discharge at the termination thereof, of any right, privilege, or benefit to which he would have been entitled if his term of enlistment had not been so extended. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 523; May 14, 1960, Pub. L. 86-474, Sec. 1(18), 74 Stat. 146; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 35 (May 26, 1906, ch. 2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July 11, 1941, ch. 290, Sec. 8, 55 Stat. 586). Said section has been divided. Subsection (b) is placed in this section. The provisions of the first sentence of subsection (a) are placed in section 351 of this title. The proviso of subsection (a) is covered in section 367(b) of this title. Subsections (c) and (d) are placed in section 367(a) of this title, except that part (3) of subsection (c) is covered in section 366 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man in three places. 1960 - Pub. L. 86-474 increased maximum term for extension of a reenlistment period from four to six years. -CROSS- CROSS REFERENCES Inclusion of conditions in enlistment contract, see section 369 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 369 of this title. ------DocID 17228 Document 182 of 463------ -CITE- 14 USC Sec. 366 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 366. Retention beyond term of enlistment in case of disability -STATUTE- Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 367 of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 523; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797). The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated. Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man in four places. -CROSS- CROSS REFERENCES Inclusion of conditions in enlistment contract, see section 369 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 369 of this title. ------DocID 17229 Document 183 of 463------ -CITE- 14 USC Sec. 367 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 367. Detention beyond term of enlistment -STATUTE- Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment: (1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or (2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or (3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or (4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive. Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 523; Aug. 3, 1950, ch. 536, Sec. 22, 64 Stat. 407; July 24, 1956, ch. 692, Sec. 2(4), 3, 70 Stat. 631; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), (C), 17(b)(4), 98 Stat. 2865, 2868.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 35, 35a, 35c (May 26, 1906, ch. 2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July 30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July 11, 1941, ch. 290, Sec. 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, Sec. 3, 55 Stat. 629; Dec. 13, 1941, ch. 570, Sec. 5, 55 Stat. 799). Section 35 of title 14, U.S.C., 1946 ed., has been divided. The proviso of subsection (a) is covered by subsection (b) of this section. Subsections (c) and (d) are placed in subsection (a) of this section, except that part (3) of subsection (c) is covered in section 366 of this title. The first sentence of subsection (a) is placed in section 351 of this title. Subsection (b) is placed in section 365 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 struck out subsec. '(a)' designation; in provisions preceding cl. (1) substituted 'enlisted member' for 'enlisted man'; and in provisions following cl. (4) substituted 'member detained' for 'person detained', 'Enlisted members' for 'Enlisted men', and 'clause (1)' for '(1) of this subsection'. 1956 - Subsec. (a). Act July 24, 1956, Sec. 2(4), 3, repealed cl. (3) permitting detention of enlisted members beyond term of their enlistment while waiting disciplinary action or trial and disposition of their case, struck out provisions prohibiting payment of pay or allowances for any period beyond term of enlistment if trial of such members results in conviction, and redesignated cls. (4) and (5) as (3) and (4), respectively. See section 972 of Title 10, Armed Forces. Subsecs. (b), (c). Act July 24, 1956, Sec. 2(4), repealed subsecs. (b) and (c) which required enlisted members to make good time lost by unauthorized absence from duty, or by confinement under sentence or pending trial, or by reason of sickness resulting from misconduct. See section 972 of Title 10. 1950 - Subsec. (c). Act Aug. 3, 1950, added subsec. (c). -CROSS- CROSS REFERENCES Inclusion of conditions in enlistment contract, see section 369 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 366, 369 of this title. ------DocID 17230 Document 184 of 463------ -CITE- 14 USC Sec. 368 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- (Sec. 368. Repealed. Pub. L. 97-322, title I, Sec. 115(b)(1), Oct. 15, 1982, 96 Stat. 1585) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 524, related to discharge in case of under-age enlistment. ------DocID 17231 Document 185 of 463------ -CITE- 14 USC Sec. 369 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 369. Inclusion of certain conditions in enlistment contract -STATUTE- The enlistment contract shall contain the substance of sections 365 to 368, inclusive, of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 524.) -MISC1- HISTORICAL AND REVISION NOTES It is believed desirable to have the provisions specified included in the enlistment contract, as they include certain privileges and obligations that any man should clearly understand before enlisting. 81st Congress, House Report No. 557. ------DocID 17232 Document 186 of 463------ -CITE- 14 USC Sec. 370 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 370. Discharge within three months before expiration of enlistment -STATUTE- Under regulations prescribed by the Secretary, any enlisted member may be discharged at any time within three months before the expiration of his term of enlistment or extended enlistment without prejudice to any right, privilege, or benefit that he would have received, except pay and allowances for the unexpired period not served, or to which he would thereafter become entitled, had he served his full term of enlistment or extended enlistment. -SOURCE- (Added June 8, 1955, ch. 136, Sec. 2, 69 Stat. 88, and amended Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. ------DocID 17233 Document 187 of 463------ -CITE- 14 USC Sec. 371 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 371. Aviation cadets; procurement; transfer -STATUTE- (a) The grade of aviation cadet is established as a special enlisted grade in the Coast Guard. Under such regulations as the Secretary prescribes, citizens in civil life may be enlisted as, and enlisted members of the Coast Guard with their consent may be designated as, aviation cadets. (b) Except in time of war or national emergency declared by Congress, not less than 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Coast Guard. (c) No persons may be enlisted or designated as an aviation cadet unless - (1) the person agrees in writing that, upon successful completion of the course of training as an aviation cadet, the person will accept a commission as an ensign in the Coast Guard Reserve and will serve on active duty as such for at least three years, unless sooner released; and (2) if under twenty-one years of age, the person has the consent of the person's parent or guardian to the agreement. (d) Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the Coast Guard, released from active duty, or discharged. -SOURCE- (Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 196, and amended Pub. L. 97-295, Sec. 2(11), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98-557, Sec. 15(a)(1), Oct. 30, 1984, 98 Stat. 2864.) -MISC1- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-557, Sec. 15(a)(1)(A), struck out 'male' before 'citizens' and 'enlisted members'. Subsec. (c)(1). Pub. L. 98-557, Sec. 15(a)(1)(B), substituted 'the person' for 'he' in two places and struck out 'his' after 'upon'. Subsec. (c)(2). Pub. L. 98-557, Sec. 15(a)(1)(C), substituted 'the person' for 'he', 'the person's' for 'his', and 'the agreement' for 'his agreement'. 1982 - Subsec. (b). Pub. L. 97-295 substituted 'percent' for 'per centum'. ------DocID 17234 Document 188 of 463------ -CITE- 14 USC Sec. 372 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 372. Aviation cadets; benefits -STATUTE- Except as provided in section 402(c) of title 37, aviation cadets or their beneficiaries are entitled to the same allowances, pensions, gratuities, and other benefits as are provided for enlisted members in pay grade E-4. While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States. -SOURCE- (Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 197.) ------DocID 17235 Document 189 of 463------ -CITE- 14 USC Sec. 373 -EXPCITE- TITLE 14 PART I CHAPTER 11 ENLISTED MEMBERS -HEAD- Sec. 373. Aviation cadets; appointment as Reserve officers -STATUTE- (a) An aviation cadet who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator. (b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive. -SOURCE- (Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 197, and amended Pub. L. 94-546, Sec. 1(28), Oct. 18, 1976, 90 Stat. 2521.) -MISC1- AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10. ------DocID 17236 Document 190 of 463------ -CITE- 14 USC GENERAL PROVISIONS -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- GENERAL PROVISIONS ------DocID 17237 Document 191 of 463------ -CITE- 14 USC Sec. 421 -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- Sec. 421. Retirement -STATUTE- (a) Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law. (b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade). -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 524; Jan. 4, 1983, Pub. L. 97-417, Sec. 2(10), 96 Stat. 2086; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 514(c)(1), 99 Stat. 629; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(10), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel. A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added. The other provisions of said section are obsolete and are no longer needed. Subsection (a) is new, but the provision contained in it is expressed or implied in numerous statutes relating to retirement of military personnel. It is believed desirable to include such a provision to prevent any misconstruction of retirement statutes, even though no change in existing law is intended on the point covered, either by other sections dealing with retirement or by this section. Subsection (b) is a codification of the only provision of title 14, U.S.C., 1946 ed., Sec. 174, that it is desired to retain, and in addition designated the next higher grade for commissioned warrant officers as lieutenant (junior grade) because the pay of the commissioned warrant officers is the same as for the grade of lieutenant (junior grade) and advancing such officers to the grade of ensign would in some aspects not appear to be a promotion. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-348 substituted 'rate' for 'rating' in two places. 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1984 - Subsec. (a). Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man. 1983 - Subsec. (b). Pub. L. 97-417 substituted 'commodore' for 'rear admiral'. -CROSS- CROSS REFERENCES Enlisted men, see section 353 et seq. of this title. Highest grade or rate to be taken, see section 424 of this title. Officers, see section 282 et seq. of this title. ------DocID 17238 Document 192 of 463------ -CITE- 14 USC Sec. 422 -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- Sec. 422. Status of recalled personnel -STATUTE- All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 524; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(10), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES This provision is desirable because many enlisted men and low-ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades, they might not be capable of holding same at the time of recall. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 substituted 'rate' for 'rating'. ------DocID 17239 Document 193 of 463------ -CITE- 14 USC Sec. 423 -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- Sec. 423. Computation of retired pay -STATUTE- (a)(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying - (A) the sum of - (i) the basic pay of the member's retired grade or rate, and (ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by (B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title. (2) In the case of an officer who served as Commandant of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving. (3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement. (4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement. (b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying - (1) the retired pay base determined under section 1407 of title 10; by (2) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title. (c)(1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10 - (A) each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1/12 of a year; and (B) any remaining fractional part of a month shall be disregarded. (2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 525; Aug. 3, 1950, ch. 536, Sec. 23, 64 Stat. 407; May 20, 1958, Pub. L. 85-422, Sec. 11(b), 72 Stat. 132; Oct. 2, 1963, Pub. L. 88-132, Sec. 5(i), 77 Stat. 214; Oct. 2, 1972, Pub. L. 92-455, Sec. 2, 86 Stat. 761; Sept. 8, 1980, Pub. L. 96-342, title VIII, Sec. 813(f)(2), 94 Stat. 1109; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(12), 96 Stat. 1302; Sept. 24, 1983, Pub. L. 98-94, title IX, Sec. 922(b), 923(d), 97 Stat. 642, 643; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(a), 100 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 162a, 167, 175c, 185d (Apr. 12, 1902, ch. 501, Sec. 9, 32 Stat. 101; Jan. 12, 1938, ch. 3, Sec. 3, 52 Stat. 5; May 24, 1939, ch. 146, Sec. 5, 53 Stat. 756; Feb. 21, 1946, ch. 34, Sec. 10, 60 Stat. 29). Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 amended section generally. Prior to amendment, section provided that retired pay of a grade or rating would be computed at the rate of 2 1/2 percent of the sum of the basic pay of that grade or rating and all permanent additions thereto including longevity credit, multiplied by the number of years of service credited, with certain exceptions, and that retired pay of an officer or member of the Coast Guard who first became a member of a uniformed service, as defined in section 1407(a)(2) of title 10, after Sept. 7, 1980, would be computed at the rate of 2 1/2 percent of the monthly retired pay base computed under section 1407(f) of title 10, multiplied by the number of years of service credited, but that retired pay was not to be more than 75 percent of such monthly retired pay base. 1984 - Subsec. (a). Pub. L. 98-557 substituted reference to enlisted member concerned for reference to enlisted man concerned. 1983 - Subsec. (a). Pub. L. 98-94, Sec. 923(d), substituted 'In computing the number of years of service by which the rate of 2 1/2 percent is multiplied, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded' for 'A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2 1/2 percent is multiplied'. Pub. L. 98-94, Sec. 922(b), inserted 'Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1.' 1982 - Subsec. (b). Pub. L. 97-295 substituted 'after September 7, 1980' for 'on or after the date of the enactment of the Department of Defense Authorization Act, 1981'. 1980 - Pub. L. 96-342 designated existing provisions as subsec. (a), substituted 'Except as provided in subsection (b), the' for 'The', and added subsec. (b). 1972 - Pub. L. 92-455 provided for computation of retired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement. 1963 - Pub. L. 88-132 substituted 'basic' for 'active-duty' wherever appearing. 1958 - Pub. L. 85-422 substituted 'that may be credited to him under section 1405 of title 10' for 'for which he was entitled to credit in the computation of his pay when last on active duty'. 1950 - Act Aug. 3, 1950, struck out reference to computation of pay of retired personnel retired by reason of physical disability. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98-94, set out as a note under section 1401 of Title 10, Armed Forces. Amendment by section 923 of Pub. L. 98-94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98-94, set out as a note under section 1174 of Title 10. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of Pub. L. 85-422. -CROSS- CROSS REFERENCES Commissioned officers, reduction of retired pay during reemployment, see section 5532 of Title 5, Government Organization and Employees. Enlisted members, generally, see section 353 et seq. of this title. Lighthouse Service, personnel of former Lighthouse Service, see section 432 of this title. Pay grades for basic pay purposes, see section 201 of Title 37, Pay and Allowances of the Uniformed Services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 288, 357 of this title; title 10 section 1406. ------DocID 17240 Document 194 of 463------ -CITE- 14 USC Sec. 424 -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- Sec. 424. Limitations on retirement and retired pay -STATUTE- (a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law. (b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member's pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as appropriate. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 525; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(A), 98 Stat. 2865; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(11), 100 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 amended section generally. Prior to amendment, section read as follows: 'The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed.' 1984 - Pub. L. 98-557 substituted reference to enlisted member for reference to enlisted man in four places. ------DocID 17241 Document 195 of 463------ -CITE- 14 USC Sec. 425 -EXPCITE- TITLE 14 PART I CHAPTER 11 GENERAL PROVISIONS -HEAD- (Sec. 425. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 525, related to retiring boards. See section 1216 of Title 10, Armed Forces. ------DocID 17242 Document 196 of 463------ -CITE- 14 USC SPECIAL PROVISIONS -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- SPECIAL PROVISIONS ------DocID 17243 Document 197 of 463------ -CITE- 14 USC Sec. 431 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- (Sec. 431. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 526; Aug. 3, 1950, ch. 536, Sec. 24, 64 Stat. 407, related to personnel of former Life Saving Service. SAVINGS PROVISION Section 10(a)(6)(A) of Pub. L. 99-640 provided in part that the repeal of sections 431, 433, 434, and 438 of this title did not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun under such sections before Nov. 10, 1986. ------DocID 17244 Document 198 of 463------ -CITE- 14 USC Sec. 432 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- Sec. 432. Personnel of former Lighthouse Service -STATUTE- (a) Any person of the former Lighthouse Service commissioned as an officer in the Coast Guard shall be an extra number in his grade and in the grades to which he may be promoted. He shall take precedence (1) with other officers commissioned in his grade from the former Lighthouse Service as the Secretary of the Treasury may determine, and (2) with other line officers in his grade in accordance with the respective dates of their commissions in such grade. He shall be eligible for promotion, if otherwise qualified, at such time as the officer in a regular number in line of promotion next above him on the seniority list becomes eligible for promotion; or if there be no such officer in his grade, he shall be eligible for promotion, if otherwise qualified, when a vacancy occurs in the next higher grade. An officer so commissioned shall be assigned to duty for which he is specially qualified, and professional examinations for promotion given to such officer shall embrace only subjects which pertain to the duty to which he is assigned. (b) Each vacancy (1) hereafter occurring in the extra numbers of such officers; (2) existing on August 5, 1939, in positions in the Lighthouse Service formerly held by personnel eligible for such commissions; and (3) created by the retirement, resignation, death, or separation from the service for any other cause, of such personnel who do not possess the qualifications prescribed by the Secretary of the Treasury or who, being qualified, do not accept a commission thereunder, shall operate to increase by one the total authorized number of line officers of the Coast Guard. (c) All persons of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard shall be subject to all laws and regulations for the government of the Coast Guard, and nothing contained in this title shall be construed to prevent the application to any of such persons of laws and regulations concerning the military discipline of commissioned and warrant officers and enlisted members of the Coast Guard. (d) In computing length of service, for the purpose of retirement in the Coast Guard, of any person of the former Lighthouse Service commissioned, appointed, or enlisted in the Coast Guard, there shall be included all service computable for retirement under the provisions of section 763 of title 33; and after July 1, 1948, in computing longevity for the purpose of pay of such person there shall be included all service of such person in the Lighthouse Service. (e) No person so commissioned, appointed, or enlisted in the Coast Guard shall suffer any reduction in the total of the annual compensation and allowances which he was receiving on the date of his commission, appointment, or enlistment. Upon his retirement from active duty in the Coast Guard, the retired pay of any person so commissioned, appointed, or enlisted, shall not be less than an annuity computed in accordance with the provisions of section 763 of title 33, substituting, however, for purposes of such computation, the annual compensation which he was receiving on the date of his commission, appointment, or enlistment in the Coast Guard for the average annual pay received by him for the last five years of service. (f) Notwithstanding any other provision of law, chapter 51, subchapter III of chapter 53, and sections 5542-5546 of title 5 shall not apply to civilian keepers of lighthouses and to civilians employed on lightships and other vessels of the Coast Guard. (g)(1) The head of the department in which the Coast Guard is operating under regulations prescribed by him, may regulate the hours of duty and the pay of civilian keepers of lighthouses and civilians employed on lightships and other vessels of the Coast Guard, but such personnel may be called upon for duty in emergency circumstances or otherwise at any time or all times. The existing system governing the pay of such employees may be continued or changed except that overtime compensation, night differential, and extra pay for duty on holidays shall not be paid to such employees. In lieu thereof additional annual compensation may be authorized, which may be prescribed either as a fixed differential or as a percentage of the basic compensation otherwise applicable to such employees. In no case shall basic compensation exceed $15,000 per annum, except that nothing contained in this subsection shall operate to decrease the basic compensation of any person employed by the Coast Guard on the date of enactment of this subsection, and in no case shall additions thereto exceed 25 percent of such basic compensation. Provision may be made for compensatory absence from duty when conditions of employment result in confinement because of isolation or in long periods of continuous duty; and provisions may likewise be made for extra allowance for service outside of the continental limits of the United States. (2) The additional compensation authorized by this subsection shall be included in any computation of compensation under section 6 of the Act of June 20, 1918 (33 U.S.C. 763). -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 526; Aug. 9, 1955, ch. 650, Sec. 1, 2, 69 Stat. 577; Sept. 21, 1959, Pub. L. 86-309, 73 Stat. 585; June 12, 1970, Pub. L. 91-278, Sec. 1(10), 84 Stat. 305; June 13, 1979, Pub. L. 96-23, Sec. 5(a), 93 Stat. 68; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(11), (13), 96 Stat. 1302; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(B), 98 Stat. 2865; Nov. 10, 1986, Pub. L. 99-640, Sec. 10(a)(7), 100 Stat. 3549.) -MISC1- HISTORICAL AND REVISION NOTES See note under section 431 of this title. -REFTEXT- REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (g)(1), is Aug. 4, 1949. -MISC2- AMENDMENTS 1986 - Subsec. (g). Pub. L. 99-640 designated existing provisions as par. (1), struck out last par. relating to inclusion of additional compensation in computations of compensation for purposes of the Lighthouse Service Retirement Act, and added par. (2). 1984 - Subsec. (c). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men. 1982 - Subsec. (f). Pub. L. 97-295, Sec. 2(13), substituted 'chapter 51, subchapter III of chapter 53, and sections 5542-5546 of title 5' for 'the civil service classification laws and titles II and III of the Federal Employees Pay Act of 1945 as amended'. Subsec. (g). Pub. L. 97-295, Sec. 2(11), substituted 'percent' for 'per centum'. 1979 - Subsec. (g). Pub. L. 96-23 substituted '$15,000' for '$7,500'. 1970 - Subsec. (g). Pub. L. 91-278 substituted '$7,500' for '$5,100'. 1959 - Subsec. (g). Pub. L. 86-309 substituted '$5,100' for '$3,750'. 1955 - Subsec. (f). Act Aug. 9, 1955, Sec. 1, inserted 'as amended'. Subsec. (g). Act Aug. 9, 1955, Sec. 2, authorized head of department in which the Coast Guard is operating to regulate hours of duty and pay. RETROACTIVE PAY Section 5(b) of Pub. L. 96-23 provided that: 'The Coast Guard may issue retroactive pay to its remaining civilian lighthouse keepers in an amount equal to the difference between what the keeper actually received and what he would have received under the General Schedule salary rates had there not been a statutory limitation of $7,500 on his annual salary. This amount is to be calculated from the time at which his salary reached the statutory limitation to the date of enactment of this Act (June 13, 1979).' -CROSS- CROSS REFERENCES Retention on active list - Captains, see section 289 of this title. Rear admirals, see section 290 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 42, 290 of this title; title 5 section 5102. ------DocID 17245 Document 199 of 463------ -CITE- 14 USC Sec. 433, 434 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- (Sec. 433, 434. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549) -MISC1- Section 433, acts Aug. 4, 1949, ch. 393, 63 Stat. 528; Sept. 27, 1949, ch. 586, 63 Stat. 698; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(11), 77 Stat. 190; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(11), (14), 96 Stat. 1302, related to personnel of former Bureau of Marine Inspection and Navigation and Bureau of Customs. Section 434, added act Sept. 23, 1950, ch. 996, 64 Stat. 978, and amended Oct. 12, 1982, Pub. L. 97-295, Sec. 2(14), 96 Stat. 1302, related to personnel appointed as constructors. SAVINGS PROVISION See note set out under section 431 of this title. ------DocID 17246 Document 200 of 463------ -CITE- 14 USC Sec. 435 to 437 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- (Sec. 435 to 437. Repealed. Pub. L. 88-130, Sec. 4(a), Sept. 24, 1963, 77 Stat. 192) -MISC1- Section 435, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat. 620, related to temporary appointments in time of war or national emergency. See section 214 of this title. Section 436, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat. 621, related to temporary promotions in time of war or national emergency. See section 275 of this title. Section 437, acts Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat. 622; June 28, 1962, Pub. L. 87-509, Sec. 4(b), 76 Stat. 121, related to discharge during war or emergency of officers having less than 20 years of service for unsatisfactory performance of duty. EXTENSION OF AUTHORITY Act July 23, 1947, ch. 301, Sec. 16, 61 Stat. 413, as amended June 3, 1948, ch. 395, 62 Stat. 302; Aug. 10, 1956, ch. 1041, Sec. 27, 70A Stat. 631; Sept. 2, 1958, Pub. L. 85-861, Sec. 6, 72 Stat. 1555; Sept. 21, 1961, Pub. L. 87-257, 75 Stat. 538, provided that notwithstanding the limitations in sections 435 and 436 of this title, the authority of such sections could be exercised until the Secretary of the Treasury determined officers holding permanent appointments on the active list equalled 95% of the number authorized, exclusive of extra numbers, or Jan. 1, 1964, whichever occurred earlier. Pub. L. 87-257, Sept. 21, 1961, 75 Stat. 538, was repealed by section 4(b) of Pub. L. 88-130. ------DocID 17247 Document 201 of 463------ -CITE- 14 USC Sec. 438 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- (Sec. 438. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549) -MISC1- Section, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat. 623, and amended June 9, 1966, Pub. L. 89-444, Sec. 1(21), 80 Stat. 197; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 505(b), 94 Stat. 2918, related to laws not applicable to warrant officers of former Life Saving Service, Lighthouse Service, Bureau of Marine Inspection and Navigation, and Bureau of Customs. SAVINGS PROVISION See note set out under section 431 of this title. ------DocID 17248 Document 202 of 463------ -CITE- 14 USC Sec. 439, 440 -EXPCITE- TITLE 14 PART I CHAPTER 11 SPECIAL PROVISIONS -HEAD- (Sec. 439, 440. Repealed. Pub. L. 88-130, Sec. 4(a), Sept. 24, 1963, 77 Stat. 192) -MISC1- Section 439, added act July 20, 1956, ch. 647, Sec. 3(a), 70 Stat. 588, related to oath of office. See section 273(b) of this title. Section 440, added Pub. L. 85-861, Sec. 33(b)(1), Sept. 2, 1958, 72 Stat. 1567, related to temporary promotion of warrant officers. See section 277 of this title. ------DocID 17249 Document 203 of 463------ -CITE- 14 USC CHAPTER 13 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- CHAPTER 13 - PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS -MISC1- Sec. 461. Remission of indebtedness of enlisted members upon discharge. (462 to 466. Repealed.) 467. Computation of length of service. 468. Procurement of personnel. 469. Training. 470. Special instruction at universities. 471. Attendance at professional meetings. (471a to 474. Repealed.) 475. Leasing and hiring of quarters; rental of inadequate housing. 476. Contingent expenses. 477. Equipment to prevent accidents. 478. Rations or commutation therefor in money. 479. Sales of ration supplies to messes. 480. Flight rations. 481. Payments at time of discharge for good of service. 482. Clothing at time of discharge for good of service. 483. Right to wear uniform. 484. Protection of uniform. 485. Clothing for officers and enlisted personnel. 486. Clothing for destitute shipwrecked persons. 487. Procurement and sale of stores to members and civilian employees. 488. Advancement of public funds to personnel. (489, 490. Repealed.) 491. Medal of honor. 492. Distinguished service medal. 492a. Distinguished flying cross. 493. Coast Guard medal. 494. Insignia for additional awards. (495. Repealed.) 496. Time limit on award; report concerning deed. 497. Honorable subsequent service as condition to award. 498. Posthumous awards. 499. Delegation of powers to make awards; rules and regulations. 500. Life-saving medals. 501. Replacement of medals. 502. Award of other medals. 503. Awards and insignia for excellence in service or conduct. (504 to 506. Repealed.) 507. Disposition of effects of decedents. 508. Deserters; payment of expenses incident to apprehension and delivery; penalties. 509. Persons discharged as result of court-martial; allowances to. 510. Shore patrol duty; payment of expenses. 511. Compensatory absence of military personnel at isolated aids to navigation. 512. Monetary allowance for transportation of household effects. 513. Retroactive payment of pay and allowances delayed by administrative error or oversight. HISTORICAL AND REVISION NOTES Chapter 13 of this title deals with pay, allowances, awards, and other rights and benefits for personnel of the Coast Guard. Some of these sections are new as applied to the Coast Guard, some clarify and consolidate existing law, and others merely restate existing law. There is no intention to amend, enlarge or curtail the Pay Readjustment Act of 1942, as amended. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-448, Sec. 13(b), Sept. 28, 1988, 102 Stat. 1844, added item 513. 1984 - Pub. L. 98-557, Sec. 15(a)(4)(D)(ii), 25(a)(3), Oct. 30, 1984, 98 Stat. 2866, 2872, struck out item 462a and substituted 'members' for 'officers, enlisted men,' in item 487. 1982 - Pub. L. 97-295, Sec. 2(15)(B), Oct. 12, 1982, 96 Stat. 1302, struck out item 473. 1980 - Pub. L. 96-376, Sec. 7(b), Oct. 3, 1980, 94 Stat. 1510, added item 512. 1970 - Pub. L. 91-278, Sec. 1(12), June 12, 1970, 84 Stat. 306, substituted 'Leasing and hiring of quarters; rental of inadequate housing' for 'Hiring of quarters for personnel' as item 475. 1968 - Pub. L. 90-377, Sec. 7, July 5, 1968, 82 Stat. 288, substituted 'Persons discharged as result of court-martial; allowances to' for 'Prisoners; allowances to; transportation' in item 509. 1966 - Pub. L. 89-718, Sec. 73(c)(2), Nov. 2, 1966, 80 Stat. 1124, struck out reference to pay and allowances and to pay of officers indebted to the United States and inserted reference to discharge in item 461. Pub. L. 89-444, Sec. 1(26), June 9, 1966, 80 Stat. 197, struck out items 462, 464, 465, 466, 474, 504, 505, and 506. 1964 - Pub. L. 88-558, Sec. 7(1), Aug. 31, 1964, 78 Stat. 768, struck out item 490 effective two years after Aug. 31, 1964. Pub. L. 88-558 was subsequently repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. 1962 - Pub. L. 87-651, title III, Sec. 308, Sept. 7, 1962, 76 Stat. 527, struck out item 471a. Pub. L. 87-649, Sec. 7(c), Sept. 7, 1962, 76 Stat. 495, struck out 'active duty pay and' before 'retired pay' in item 462a. Pub. L. 87-526, Sec. 1(2), (4), July 10, 1962, 76 Stat. 141, provided for remission of indebtedness of enlisted members in item 461 and struck out item 495 providing for additional pay for holders of medals. 1956 - Act Aug. 10, 1956, ch. 1041, Sec. 10(b), 11(b), 12(b), 14(b), 70A Stat. 624, added items 462a, 471a, 492a, and 510. Act Aug. 1, 1956, ch. 837, title V, Sec. 502(8)(B), 70 Stat. 886, struck out item 489 'Death gratuity'. 1955 - Act Aug. 9, 1955, ch. 650, Sec. 3, 69 Stat. 577, added item 511. 1954 - Act Sept. 3, 1954, ch. 1263, Sec. 33(a), 68 Stat. 1238, inserted '; pay of officers indebted to United States' in item 461. 1952 - Act July 10, 1952, ch. 631, Sec. 1, 66 Stat. 539, substituted 'payment of expenses incident to apprehension and delivery' for 'arrest by civil authority' in item 508. 1950 - Act Aug. 3, 1950, ch. 536, Sec. 25, 64 Stat. 407, struck out items 463 and 472. Act May 5, 1950, ch. 169, Sec. 16(b), 64 Stat. 149, added items 508 and 509. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 705 of this title. ------DocID 17250 Document 204 of 463------ -CITE- 14 USC Sec. 461 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 461. Remission of indebtedness of enlisted members upon discharge -STATUTE- If he considers it in the best interest of the United States, the Secretary may have remitted or canceled any part of an enlisted member's indebtedness to the United States or any of its instrumentalities remaining unpaid before or at the time of, that member's honorable discharge. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 530; Sept. 3, 1954, ch. 1263, Sec. 33(b), 68 Stat. 1238; July 10, 1962, Pub. L. 87-526, Sec. 1(1), 76 Stat. 141; Sept. 7, 1962, Pub. L. 87-649, Sec. 14d(7), as added Nov. 2, 1966, Pub. L. 89-718, Sec. 73(a)(3), 80 Stat. 1124; Nov. 2, 1966, Pub. L. 89-718, Sec. 73(c)(1), 80 Stat. 1124; Sept. 11, 1967, Pub. L. 90-83, Sec. 2, 81 Stat. 220; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(29), 90 Stat. 2521.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 20a, 121 (May 18, 1920, ch. 190, Sec. 8, 41 Stat. 603; June 10, 1922, ch. 212, 42 Stat. 625; July 3, 1926, ch. 742, Sec. 10, 44 Stat. 817). Said section 121 was omitted from the 1940 and 1946 editions of the U.S. Code, but it has been held that the assimilation provision thereof is inoperative only insofar as Congress has made specific legislative provision for the Coast Guard, and that benefits derived from legislation pertaining to the Navy previously conferred upon the Coast Guard, and not provided for in subsequent legislation, survive to the Coast Guard under the assimilation statute. (See 27 Comp. Dec. 234; 22 Comp. Gen. 723; decision of June 9, 1947, B-63472; decision of April 2, 1948, B-70438; and decision of September 2, 1948, B-77295.) It seems desirable to retain this assimilation provision as to pay in order to cover any failure to provide specifically for the Coast Guard in military pay legislation. This section assimilates the pay of military personnel of the Coast Guard to the pay of military personnel of the Navy. It seems that this is the most feasible method of insuring that the pay of military personnel of the Coast Guard will not vary from the pay of military personnel of the other armed forces. The assimilation is intended to include authorization for extra pay and allowances as provided for personnel of the Navy, for all types of special duty: for example, qualified divers on diving duty, military personnel assigned to submarine duty, military personnel assigned to aviation duty, officers assigned as aides to flag officers, and enlisted persons assigned to duty in the mess detail. Military pay acts are intended to include Coast Guard personnel specifically; this section would cover any failure to so provide for Coast Guard personnel in a pay act. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Secretary' for 'Secretary of the Treasury'. 1967 - Pub. L. 90-83 corrected section 73(a)(3) of Pub. L. 89-718 to change the designation of sections repealed under Pub. L. 87-649 from sections 471(a) and (b) of Title 14 to sections 461(a) and (b) of Title 14. See 1966 Amendment note below. 1966 - Pub. L. 89-718, Sec. 73(a)(3), amended section 14d of Pub. L. 87-649, which contained in cls. (1) to (6) list of sections of Title 14 repealed by Pub. L. 87-649, by inserting '(7) Section 471(a) and (b).' However, for purposes of codification, the repeal has been executed to former subsecs. (a) and (b) of this section, which provided respectively for the awarding of the same pay and allowances as prescribed for corresponding ranks, grades, or ratings for personnel of the Navy and for the withholding of pay of officers on account of indebtedness to the United States, since this appears to have been the intent of Congress. Pub. L. 89-718, Sec. 73(c)(1), struck out references to pay and allowances and pay of officers indebted to the United States from section catchline and struck out letter designation '(c)' from beginning of former subsec. (c), leaving text of former subsec. (c) as constituting entire text of section. 1962 - Pub. L. 87-526, Sec. 1(1)(A), amended section catchline to provide for remission of indebtedness of enlisted members. Subsec. (c). Pub. L. 87-526, Sec. 1(1)(B), added subsec. (c). 1954 - Act Sept. 3, 1954 inserted '; pay of officers indebted to United States' in section catchline, designated existing provisions as subsec. (a), and added subsec. (b). EFFECTIVE DATE OF 1967 AMENDMENT Section 9(i) of Pub. L. 90-83 provided that: 'Section 2 of this Act (correcting section 73(a)(3) of Pub. L. 89-718) is effective as of November 2, 1966, for all purposes.' -CROSS- CROSS REFERENCES Erroneous payments, collection of indebtedness, see section 5514 of Title 5, Government Organization and Employees. Escorts for dependents of members: transportation and travel allowances, see section 1036 of Title 10, Armed Forces. Forfeiture of pay, see section 815 of Title 10. ------DocID 17251 Document 205 of 463------ -CITE- 14 USC Sec. 462 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 462. Repealed. Pub. L. 87-649, Sec. 14d(1), Sept. 7, 1962, 76 Stat. 502) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 530; May 14, 1960, Pub. L. 86-474, Sec. 1(19), 74 Stat. 146, related to pay and allowances of rear admirals. See section 202 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17252 Document 206 of 463------ -CITE- 14 USC Sec. 462a -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 462a. Repealed. Pub. L. 97-417, Sec. 2(11), Jan. 4, 1983, 96 Stat. 2086) -MISC1- Section, added act Aug. 10, 1956, ch. 1041, Sec. 10(a), 70A Stat. 623, and amended Sept. 7, 1962, Pub. L. 87-649, Sec. 7(b), 76 Stat. 495, related to retired pay after two years of active duty for retired rear admirals. ------DocID 17253 Document 207 of 463------ -CITE- 14 USC Sec. 463 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 463. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 530, related to continuation of additional pay. ------DocID 17254 Document 208 of 463------ -CITE- 14 USC Sec. 464, 465 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 464, 465. Repealed. Pub. L. 87-649, Sec. 14d(2), (3), Sept. 7, 1962, 76 Stat. 502) -MISC1- Section 464, act Aug. 4, 1949, ch. 393, 63 Stat. 531, related to allotments of pay. See section 703 of Title 37, Pay and Allowances of the Uniformed Services. Section 465, act Aug. 4, 1949, ch. 393, 63 Stat. 531, related to advances to officers ordered to and from sea or shore duty beyond the seas. See section 1006 of Title 37. EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17255 Document 209 of 463------ -CITE- 14 USC Sec. 466 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 466. Repealed. July 12, 1955, ch. 328, Sec. 5(3), 69 Stat. 296) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 531, provided for settlement of accounts of deceased officers and men. See section 2771 of Title 10, Armed Forces, and section 714 of Title 32, National Guard. ------DocID 17256 Document 210 of 463------ -CITE- 14 USC Sec. 467 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 467. Computation of length of service -STATUTE- In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 531.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 2 (Jan. 28, 1915, ch. 20, Sec. 3, 38 Stat. 801). The Air Force is added in the enumeration of services. That part referring to the operation of a station for part of a year is omitted. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17257 Document 211 of 463------ -CITE- 14 USC Sec. 468 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 468. Procurement of personnel -STATUTE- The Coast Guard may make expenditures as necessary in order to obtain recruits for the service and cadet applicants, including advertising. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 531.) -MISC1- HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, 'Pay and Allowances' and preceding years: 'expenses of recruiting for the Coast Guard; advertising for and obtaining enlisted personnel and applicants for appointment as cadets;' (June 19, 1948, ch. 558, 62 Stat. 562). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17258 Document 212 of 463------ -CITE- 14 USC Sec. 469 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 469. Training -STATUTE- The Coast Guard may make expenditures for the training of personnel, including books, school supplies, correspondence courses, motion picture equipment, and other equipment for instructional purposes. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 531.) -MISC1- HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, 'Pay and Allowances' and preceding years: 'motion picture and other equipment for instructional purposes; . . . training of enlisted personnel, including textbooks, school supplies, and correspondence courses;' (June 19, 1948, 62 Stat. 562). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17259 Document 213 of 463------ -CITE- 14 USC Sec. 470 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 470. Special instruction at universities -STATUTE- Coast Guard personnel may be assigned for special instruction at private or state colleges or universities, and their expenses, including tuition, books, laboratory equipment and fees, and school supplies, may be defrayed by the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 531.) -MISC1- HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, 'Pay and Allowances' and preceding years: 'Not to exceed $32,200 for cost of instruction of officers at non-Federal institutions, including books, laboratory equipment and fees, school supplies, and maintenance of students;' (June 19, 1948, ch. 558, 62 Stat. 562). The monetary limitation is removed. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17260 Document 214 of 463------ -CITE- 14 USC Sec. 471 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 471. Attendance at professional meetings -STATUTE- Coast Guard personnel may be directed to attend meetings of technical, professional, scientific, and other similar organizations and may be reimbursed for expenses thereby incurred at the rates authorized by law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 532.) -MISC1- HISTORICAL AND REVISION NOTES It is believed that the authority contained in this section will greatly benefit the Government in providing better trained personnel. A similar provision was enacted for personnel of the Navy in 1946 (see title 5, U.S.C., 1946 ed., Sec. 421c). 81st Congress, House Report No. 557. ------DocID 17261 Document 215 of 463------ -CITE- 14 USC Sec. 471a -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 471a. Repealed. Pub. L. 87-651, title III, Sec. 307B, Sept. 7, 1962, 76 Stat. 526) -MISC1- Section, added act Aug. 10, 1956, ch. 1041, Sec. 11(a), 70A Stat. 624, authorized transportation of motor vehicles on permanent change of station. ------DocID 17262 Document 216 of 463------ -CITE- 14 USC Sec. 472 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 472. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 532, related to travel allowance to enlisted men on discharge. See section 404 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17263 Document 217 of 463------ -CITE- 14 USC Sec. 473 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 473. Repealed. Pub. L. 97-295, Sec. 2(15)(A), Oct. 12, 1982, 96 Stat. 1302) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 532, authorized Secretary to discharge underage Coast Guard enlisted personnel with appropriate pay and allowances, such persons to be given subsistence and transportation in kind to their homes. Opinion of the Comptroller General, No. B-91297, Dec. 23, 1949, in holding that act Sept. 24, 1945, ch. 385, 59 Stat. 536, from which this section was derived, was superseded by section 303 of the Career Compensation Act of 1949, act Oct. 12, 1949, ch. 681, title III, 63 Stat. 813, stated that this section was also inconsistent with said section 303 and therefore repealed. See section 423 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17264 Document 218 of 463------ -CITE- 14 USC Sec. 474 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 474. Repealed. Sept. 1, 1954, ch. 1211, Sec. 5, 68 Stat. 1130) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 532, related to compensation for travel tolls and fares. See section 408 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17265 Document 219 of 463------ -CITE- 14 USC Sec. 475 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 475. Leasing and hiring of quarters; rental of inadequate housing -STATUTE- (a) The Secretary is authorized to lease housing facilities at or near Coast Guard installations, wherever located, for assignment as public quarters to military personnel and their dependents, if any, without rental charge upon a determination by the Secretary, or his designee, that there is a lack of adequate housing facilities at or near such Coast Guard installations. The Secretary is also authorized to lease housing facilities for assignment as public quarters, without rental charge, to military personnel who are on sea duty or duty at remote offshore Coast Guard stations and who do not have dependents. Such authority shall be effective in any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. When any such lease involves housing facilities in a foreign country, the lease may be made on a multiyear basis for a period not to exceed five years, and, in accordance with local custom and practice, advance payment may be made for the lease. Such public housing facilities may be leased on an individual or multiple-unit basis. Expenditures for the rental of such housing facilities may not exceed the average authorized for the Department of Defense in any year except where the Secretary finds that the average is so low as to prevent rental of necessary housing facilities in some areas, in which event he is authorized to reallocate existing funds to high-cost areas so that rental expenditures in such areas exceed the average authorized for the Department of Defense. (b) The Secretary is authorized, subject to regulations approved by the President - (1) to designate as rental housing such housing as he may determine to be inadequate as public quarters; and (2) to lease inadequate housing to members of the Coast Guard for occupancy by them and their dependents. (c) Where sufficient quarters are not possessed by the United States, the Commandant may hire quarters for personnel, including personnel on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable. Such accommodations shall not be available for occupancy by the dependents of such personnel. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 532; June 12, 1970, Pub. L. 91-278, Sec. 1(11), 84 Stat. 305; July 10, 1972, Pub. L. 92-343, Sec. 4, 86 Stat. 450; July 9, 1973, Pub. L. 93-65, Sec. 5, 87 Stat. 151; Sept. 10, 1976, Pub. L. 94-406, Sec. 4, 90 Stat. 1236; Oct. 11, 1976, Pub. L. 94-478, 90 Stat. 2077; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(30), 90 Stat. 2521; Oct. 3, 1980, Pub. L. 96-376, Sec. 4, 94 Stat. 1509; Oct. 19, 1980, Pub. L. 96-470, title I, Sec. 112(d), 94 Stat. 2240; Dec. 29, 1981, Pub. L. 97-136, Sec. 7, 95 Stat. 1706; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(11), 96 Stat. 1302; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 106, 96 Stat. 1582; Dec. 4, 1987, Pub. L. 100-180, div. A, title VI, Sec. 632(b)(2), 101 Stat. 1105.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 133a (June 19, 1942, ch. 419, Sec. 2, 56 Stat. 372) and on the following language contained in the Coast Guard appropriation act for 1949, 'Pay and Allowances' and preceding years: 'hire of quarters for Coast Guard personnel comparable to quarters assignable on a capital ship of the Navy, as authorized by the Secretary to meet emergency conditions, including officers and men on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable: Provided, That under this authorization no funds may be expended for the hire of quarters for occupancy by the dependents of officers or enlisted personnel' (June 19, 1948, ch. 558, 62 Stat. 562). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1987 - Subsecs. (b) to (d). Pub. L. 100-180 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: 'Notwithstanding the provisions of any other law, members of the Coast Guard, with dependents, may occupy on a rental basis, without loss of basic allowance for quarters, inadequate quarters under the jurisdiction of the Coast Guard notwithstanding that such quarters may have been constructed or converted for assignment as public quarters. The net difference between the basic allowance for quarters and the fair rental value of such quarters shall be paid from otherwise available appropriations; however, no rental charge for such quarters shall be made against the basic allowance for quarters of a member of the Coast Guard in excess of 75 percent of such allowance except that in no event shall the net rental value charged to the member's basic allowance for quarters be less than the cost of maintaining and operating the housing.' 1982 - Subsec. (b). Pub. L. 97-295 substituted 'percent' for 'per centum'. Subsecs. (e), (f). Pub. L. 97-322 repealed subsec. (e) which required that the Secretary, annually and not later than April 1, file with the Speaker of the House and the President of the Senate a report of the utilization of subsecs. (a), (b), and (d) authority during the preceding calendar year, and subsec. (f) which prohibited utilization of subsecs. (a), (b), (c), or (d) authority after Apr. 1, 1973, unless all required subsec. (e) reports were filed with the Congress. 1981 - Subsec. (a). Pub. L. 97-136 inserted provisions authorizing the Secretary to lease housing facilities for assignment as public quarters, without rental charge, to military personnel who are on sea duty or duty at remote offshore Coast Guard stations and who do not have dependents, and further provided that such authority shall be effective in any fiscal year only to such extent or in such amounts as are provided in appropriation acts. 1980 - Subsec. (a). Pub. L. 96-376 substituted 'multiyear basis' for 'multi-year basis,' and authorized advance payment for any housing facilities lease in accordance with local custom and practice. Subsec. (e). Pub. L. 96-470 struck out reference to subsec. (c). 1976 - Subsec. (a). Pub. L. 94-546, Sec. 1(30)(a), substituted 'Secretary' for 'Secretary of the Department in which the Coast Guard is operating' wherever appearing. Pub. L. 94-478 inserted provision allowing leases for housing facilities in foreign countries to be made on a multi-year basis. Subsec. (e). Pub. L. 94-546, Sec. 1(30)(b), which was executed to subsec. (e) as the probable intent of Congress, substituted 'Secretary' for 'Secretary of the Department in which the Coast Guard is operating' and struck out 'commencing April 1, 1973,' after 'not later than April 1,'. Pub. L. 94-406, Sec. 4(1), redesignated subsec. (f) as (e). Former subsec. (e), which provided that the authority conferred by subsecs. (b) and (c) of this section expire on June 30, 1976, was struck out. Subsecs. (f), (g). Pub. L. 94-406, Sec. 4(1), (2), redesignated subsec. (g) as (f) and substituted '(e)' for '(f)'. Former subsec. (f) redesignated (e). 1973 - Subsec. (e). Pub. L. 93-65 extended termination date of authority provided in subsecs. (b) and (c) from June 30, 1973, to June 30, 1976. 1972 - Subsec. (a). Pub. L. 92-343, Sec. 4(1), substituted 'The Secretary of the Department in which the Coast Guard is operating' for 'The Secretary' in first sentence. Subsec. (e). Pub. L. 92-343, Sec. 4(2), struck out reference to subsec. (a) and extended authority provided in subsecs. (b) and (c) to June 30, 1973. Subsecs. (f), (g). Pub. L. 92-343, Sec. 4(3), added subsecs. (f) and (g). 1970 - Pub. L. 91-278 substituted 'Leasing and hiring of quarters; rental of inadequate housing' for 'Hiring of quarters for personnel' in section catchline, designated existing provisions as subsec. (d), and added subsecs. (a) to (c) and (e). -EXEC- EX. ORD. NO. 11645. AUTHORITY OF SECRETARY TO PRESCRIBE CERTAIN REGULATIONS RELATING TO HOUSING Ex. Ord. No. 11645, Feb. 8, 1972, 37 F.R. 2923, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: Section 1. The Secretary of Transportation is designated and empowered to prescribe (or, under a delegation of the Secretary's authority, the Commandant of the Coast Guard is authorized to prescribe) regulations pursuant to section 475(c) of title 14 of the United States Code, relating to the designation and leasing of rental housing, without the approval, ratification, or other action by the President. Sec. 2. Whenever the entire Coast Guard operates as a service in the Navy, the reference to the Secretary of Transportation in section 1 of this order shall be deemed to be a reference to the Secretary of the Navy. Richard Nixon. -CROSS- CROSS REFERENCES Basic allowance for quarters, see section 403 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17266 Document 220 of 463------ -CITE- 14 USC Sec. 476 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 476. Contingent expenses -STATUTE- The Commandant may expend for contingencies of the Coast Guard a sum not to exceed $7,500 in any one fiscal year. The Commandant may authorize the Superintendent of the Academy to expend not to exceed $2,500 of this amount for contingencies of the Academy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 532.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 15k (Apr. 20, 1939, ch. 75, 53 Stat. 582). The limitation on the amount for such contingencies is increased, and the amount is made available to the Commandant rather than solely to the Superintendent of the Academy as now prescribed by law. The authorization is to cover expenditures incident to the offices of the Commandant and the Superintendent of the Academy. The intent is that the amount authorized will be administered in a manner similar to that now employed by the Superintendent of the Academy under the authority of 14 U.S.C., Sec. 15k. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Apprehension and delivery of deserters, stragglers, and prisoners, see section 508 of this title. Auxiliary member's aircraft, expenses of operation, see section 830 of this title. Instruction of personnel, see sections 469 to 471 of this title. Recruiting, see section 468 of this title. Report annually, see section 651 of this title. ------DocID 17267 Document 221 of 463------ -CITE- 14 USC Sec. 477 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 477. Equipment to prevent accidents -STATUTE- The Coast Guard may make such expenditures as are deemed appropriate for promotion and maintenance of the safety and occupational health of, and the prevention of accidents affecting, personnel of the Coast Guard, including the purchase of clothing, equipment, and other materials necessary thereto. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 532.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 5, U.S.C., 1946, ed., Sec. 118g (Aug. 2, 1946, ch. 744, Sec. 13, 60 Stat. 809). Because of the wide variety of tasks assigned to Coast Guard personnel it is deemed advisable to broaden this authority to the more general language as rewritten, insofar as Coast Guard personnel are concerned, thus giving complete authority to protect their health. Said section would in no way be affected. Inasmuch as the act cited above applies to executive departments generally, it is not scheduled for repeal by this act. 81st Congress, House Report No. 557. ------DocID 17268 Document 222 of 463------ -CITE- 14 USC Sec. 478 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 478. Rations or commutation therefor in money -STATUTE- (a) Enlisted members of the Coast Guard, civilian officers and civilian crews of vessels, and working parties in the field shall be allowed a ration or commutation thereof in money, in such amount and under limitations and regulations prescribed by the Secretary. (b) Money for commuted rations shall be paid, under such regulations as the Secretary shall prescribe, on proper vouchers, or pay rolls, to persons entitled to receive it, or to the officers designated by the Commandant to administer the financial affairs of the messes in which such persons may be subsisted. (c) Money paid for commuted rations to the designated officer may be deposited in general or limited depositories of public money or in any bank in which deposits are insured. Such funds shall be expended and accounted for under such regulations as the Secretary shall prescribe. (d) Nothing contained in this section shall be construed as modifying or changing in any manner the provisions of law pertaining to subsistence allowances for enlisted members, but no ration or commutation thereof shall be allowed a person receiving a subsistence allowance. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 532; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(B), (C), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 134, 135 (Mar. 25, 1940, ch. 71, title I, 54 Stat. 64; June 6, 1940, ch. 257, Sec. 10, 54 Stat. 248; May 31, 1941, ch. 156, title I, Sec. 1, 55 Stat. 221; Feb. 7, 1942, ch. 46, title I, 56 Stat. 71; June 26, 1943, ch. 147, Sec. 1, 57 Stat. 211; June 22, 1944, ch. 269, Sec. 1, 58 Stat. 316; May 29, 1945, ch. 130, Sec. 1, 59 Stat. 216; July 12, 1946, ch. 569, Sec. 1, 60 Stat. 531; Aug. 2, 1946, ch. 756, Sec. 31, 60 Stat. 857; July 1, 1947, ch. 186, title I, Sec. 101, 61 Stat. 226). The provisions of said section 134 are extended to include all persons who might be entitled to receive money for commuted rations, rather than only the officer in charge of the mess. The last proviso of said section 135 is eliminated, because experience during the past 2 years shows that it may react detrimentally on enlisted men in time of rising food costs. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Subsecs. (a), (d). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men. ------DocID 17269 Document 223 of 463------ -CITE- 14 USC Sec. 479 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 479. Sales of ration supplies to messes -STATUTE- Ration supplies may be purchased by the cabin, wardroom, warrant officers', and other authorized messes and payment therefor made in cash to the commissary officer. The prices to be charged for such supplies shall not be less than the invoice prices, and the cash received from such sales shall be accounted for on the ration return and may be expended for the general mess. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 132 (Aug. 1, 1914, ch. 223, Sec. 1, 38 Stat. 620). 81st Congress, House Report No. 557. ------DocID 17270 Document 224 of 463------ -CITE- 14 USC Sec. 480 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 480. Flight rations -STATUTE- There may be furnished to officers, enlisted members, and civilian employees, while actually engaged in flight operations, an aircraft flight ration in kind, chargeable to the proper Coast Guard appropriation, which flight ration shall be supplementary to any ration or subsistence allowance now granted to such personnel. No part of an aircraft flight ration shall be furnished without cost to any person in a travel status or to any person to whom a per diem allowance is granted in lieu of actual subsistence. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(B), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from the title 34, U.S.C., 1946 ed., Sec. 909 (June 5, 1942, ch. 327, 56 Stat. 308). Said section is applicable to Navy personnel only. Experience has shown that similar authority should be granted to the Coast Guard; it will operate to the benefit of Navy personnel stopping over at Coast Guard air stations as well as to the benefit of Coast Guard personnel stopping over at Naval air stations. The language of said section is closely paralleled. Said section would in no way be affected. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men. ------DocID 17271 Document 225 of 463------ -CITE- 14 USC Sec. 481 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 481. Payments at time of discharge for good of service -STATUTE- Enlisted members discharged by dishonorable discharge, bad-conduct discharge, or any other discharge for the good of the service, may, upon discharge, be paid a sum not to exceed $25. The sum paid shall be fixed by and in the discretion of the Commandant, and shall be paid only in cases where the person so discharged would otherwise be without funds to meet his immediate needs. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(C), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 197, and title 14, U.S.C., 1946 ed., Sec. 3a (Mar. 4, 1925, ch. 536, Sec. 10, 43 Stat. 1274; Oct. 26, 1942, ch. 623, 56 Stat. 987). Said section 197 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed., Sec. 3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times. Said section would in no way be affected. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted 'Enlisted members' for 'Enlisted men'. ------DocID 17272 Document 226 of 463------ -CITE- 14 USC Sec. 482 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 482. Clothing at time of discharge for good of service -STATUTE- Enlisted members discharged for bad conduct, undesirability, unsuitability, or inaptitude may be furnished civilian clothing, including an overcoat when necessary, the cost of such furnished clothing not to exceed $30, per person. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(C), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 148 (Dec. 23, 1943, ch. 380, title I, 57 Stat. 628). Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 18 of this act to eliminate reference to the Coast Guard. Changes in phraseology were made in order to adapt said section to this revision. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted 'Enlisted members' for 'Enlisted men'. ------DocID 17273 Document 227 of 463------ -CITE- 14 USC Sec. 483 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 483. Right to wear uniform -STATUTE- When authorized by and in accordance with applicable regulations: (a) any member who has served honorably in the Coast Guard during war shall when not in active service, whether or not on the retired list, be entitled to bear the official title and upon occasions of ceremony to wear the uniform of the highest rank or rating held by him during his war service, and (b) any member on the retired list shall be entitled to wear the uniform of his rank or rating. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(H), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 167b-2 (June 21, 1930, ch. 563, Sec. 2, 46 Stat. 793). Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 12 of this act to eliminate reference to the Coast Guard. Subsection (b) is new to the Coast Guard, although it has been the practice for retired officers to wear the uniform when they so desire. Such authority is granted to retired officers of the Navy (see title 34, U.S.C., 1946 ed., Sec. 389). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Subsecs. (a), (b). Pub. L. 98-557 substituted reference to member for reference to commissioned officer, warrant officer, and enlisted man. WEARING OF UNIFORM AUTHORIZED BY PRESIDENT Section 2 of act June 21, 1930, ch. 563, 46 Stat. 793, upon which subsec. (a) of this section was based, was amended by act July 6, 1953, ch. 180, Sec. 2, 67 Stat. 140, to substitute 'Authorized by regulations of the President' for 'of ceremony'. ------DocID 17274 Document 228 of 463------ -CITE- 14 USC Sec. 484 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 484. Protection of uniform -STATUTE- The provisions of law relating to the protection of the uniform of the United States Army, Navy, or Marine Corps shall apply to the protection of the uniform of the Coast Guard, in the same manner, to the same extent, and under the same conditions. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 533.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 39 (Aug. 29, 1916, ch. 418, Sec. 1, 39 Stat. 649). The assimilation is made in general terms, rather than by reference to the applicable section in title 10, U.S.C., 1946 ed. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Protection of uniform of armed forces, see section 702 of Title 18, Crimes and Criminal Procedure. ------DocID 17275 Document 229 of 463------ -CITE- 14 USC Sec. 485 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 485. Clothing for officers and enlisted personnel -STATUTE- (a) The Coast Guard may purchase uniforms, accouterments, and related equipment for sale to officer personnel and cadets of the Coast Guard. (b) The Coast Guard may purchase uniform clothing for sale to enlisted personnel of the Coast Guard. The actual cost of the clothing thus sold to enlisted personnel may be withheld from their pay. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 534; Aug. 3, 1950, ch. 536, Sec. 33, 64 Stat. 408; Sept. 7, 1962, Pub. L. 87-649, Sec. 14d(4), 76 Stat. 502.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 30 (Jan. 12, 1919, ch. 8, 40 Stat. 1054). Said section was changed to have application to the Coast Guard at all times, rather than when the Coast Guard is operating with the Navy. Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 9 of this act to eliminate reference to the Coast Guard. Subsection (b) is based on title 14, U.S.C., 1946, ed., Sec. 13, and on title 33, U.S.C., 1946 ed., Sec. 754 (July 1, 1898, ch. 346, Sec. 1, 30 Stat. 604; July 27, 1912, ch. 255, Sec. 2, 37 Stat. 239). Said section 13 was changed to have application to all enlisted personnel rather than to 'crews of vessels in service' only. The provision of said section 754 which provided for the sale of clothing to civilian employees is eliminated as becoming obsolete. Subsection (c) is new. Title 37, U.S.C., 1946 ed., Sec. 110 authorizes the payment of a cash allowance in case clothing is not furnished to enlisted persons of the Coast Guard. Clearly this presumes the authority to issue clothing to enlisted persons; this section makes the authority statutory. 81st Congress, House Report No. 557. AMENDMENTS 1962 - Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which permitted the Coast Guard to purchase uniform clothing for distribution to enlisted personnel or to pay such enlisted personnel a cash clothing allowance. 1950 - Subsec. (c). Act Aug. 3, 1950, struck out 'to' after 'or'. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. ------DocID 17276 Document 230 of 463------ -CITE- 14 USC Sec. 486 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 486. Clothing for destitute shipwrecked persons -STATUTE- The Coast Guard may furnish clothing and subsistence to destitute shipwrecked persons, and the Coast Guard may reimburse, in cash or in kind, Coast Guard personnel who furnish clothing and subsistence to destitute ship- wrecked persons. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 534.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 749 (July 27, 1912, ch. 255, Sec. 2, 37 Stat. 239; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736). This section was enlarged to provide that the Coast Guard, as well as personnel thereof, may furnish clothing and subsistence to destitute shipwrecked persons. Changes were made in phraseology. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Authorization to furnish clothing, see section 88 of this title. ------DocID 17277 Document 231 of 463------ -CITE- 14 USC Sec. 487 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 487. Procurement and sale of stores to members and civilian employees -STATUTE- Such stores as the Secretary may designate may be procured and sold to members of the Coast Guard, and to the surviving spouses of such members. Such designated stores may also be procured and sold to civilian officers and employees of the United States, and to such other persons as may be specifically authorized by the Secretary, at Coast Guard stations and other units beyond the continental limits of the United States or in Alaska. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 534; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(2), (3)(D), (4)(D)(i), 98 Stat. 2865, 2866.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 533 (Mar. 3, 1909, ch. 255, 35 Stat. 768; Apr. 14, 1937, ch. 78, 50 Stat. 63; June 10, 1939, ch. 196, 53 Stat. 814; Jan. 23, 1942, ch. 15, 56 Stat. 13; Apr. 9, 1943, ch. 39, 57 Stat. 60). Said section granted authority for the Secretary of the Navy to sell designated stores to officers and enlisted men. It is deemed desirable to grant similar authority to the Secretary having control of the Coast Guard. Said section would in no way be affected. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 in section catchline substituted 'members' for 'officers, enlisted men,' and in text substituted 'surviving spouses' for 'widows' and 'members' for 'officers and enlisted men' in two places. ------DocID 17278 Document 232 of 463------ -CITE- 14 USC Sec. 488 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 488. Advancement of public funds to personnel -STATUTE- The Commandant, under regulations prescribed by the Secretary, may advance public funds to personnel when required to meet expenses of members detailed on emergency shore duty. Funds so advanced shall not exceed a reasonable estimate of the actual expenditures to be made and for which reimbursement is authorized by law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 534; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(I), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 885, and title 14, U.S.C., 1946 ed., Sec. 3a (May 22, 1928, ch. 688, 45 Stat. 712; Oct. 26, 1942, ch. 623, 56 Stat. 987). Said section 885 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed., Sec. 3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times. Said section would in no way be affected. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to members for reference to officers and men. ------DocID 17279 Document 233 of 463------ -CITE- 14 USC Sec. 489 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 489. Repealed. Aug. 1, 1956, ch. 837, title V, Sec. 502(8)(A), 70 Stat. 886) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 534, provided for payment of a death gratuity to survivors of officers and enlisted men of Regular Coast Guard. See sections 1475 to 1480 of Title 10, Armed Forces. ------DocID 17280 Document 234 of 463------ -CITE- 14 USC Sec. 490 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 490. Repealed. Pub. L. 88-558, Sec. 7(2), Aug. 31, 1964, 78 Stat. 768) -MISC1- Section, acts Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 534; Aug. 3, 1950, ch. 536, Sec. 26, 64 Stat. 407; Aug. 23, 1958, Pub. L. 85-738, Sec. 1, 72 Stat. 832; Sept. 15, 1965, Pub. L. 89-185, Sec. 2, 79 Stat. 789, provided for settlement of claims of military and civilian personnel. See section 3721 of Title 31, Money and Finance. EFFECTIVE DATE OF REPEAL Section 7 of Pub. L. 88-558 provided that the repeal of this section is effective two years from Aug. 31, 1964. REPEALS Pub. L. 89-185, Sept. 15, 1965, 79 Stat. 789, which amended this section, and Pub. L. 88-558, Aug. 31, 1964, 78 Stat. 767, which repealed this section and struck out item 490 in the analysis of sections comprising this chapter, were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068. ------DocID 17281 Document 235 of 463------ -CITE- 14 USC Sec. 491 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 491. Medal of honor -STATUTE- The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who, while a member of the Coast Guard, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty - (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 535; July 25, 1963, Pub. L. 88-77, Sec. 4, 77 Stat. 95.) -MISC1- HISTORICAL AND REVISION NOTES This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy. The language is parallel to that found in title 34, U.S.C., 1946 ed., Sec. 354, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557. AMENDMENTS 1963 - Pub. L. 88-77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons, while in the service of the Coast Guard, distinguished themselves in action involving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service by members of the Coast Guard while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and substituted the requirement that it be of appropriate design, with ribbons and appurtenances, for the requirement that the design be the same as that of the Navy medal of honor. ------DocID 17282 Document 236 of 463------ -CITE- 14 USC Sec. 492 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 492. Distinguished service medal -STATUTE- The President may present, but not in the name of Congress, a distinguished service medal of appropriate design, with accompanying ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by exceptionally meritorious service to the Government in a duty of great responsibility. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 535.) -MISC1- HISTORICAL AND REVISION NOTES This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy. The language is parallel to that found in title 34, U.S.C., 1946 ed., Sec. 355, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557. ------DocID 17283 Document 237 of 463------ -CITE- 14 USC Sec. 492a -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 492a. Distinguished flying cross -STATUTE- The President may present, but not in the name of Congress, a distinguished flying cross of appropriate design, with accompanying ribbon, to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by heroism or extraordinary achievement while participating in an aerial flight. -SOURCE- (Added Aug. 10, 1956, ch. 1041, Sec. 12(a), 70A Stat. 624.) ------DocID 17284 Document 238 of 463------ -CITE- 14 USC Sec. 493 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 493. Coast Guard medal -STATUTE- The President may present, but not in the name of Congress, a medal to be known as the Coast Guard medal, of appropriate design, with accompanying ribbon, together with a rosette or other device to be worn in lieu thereof, to any person who, while serving in any capacity with the Coast Guard, distinguishes himself by heroism not involving actual conflict with an enemy. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 535.) -MISC1- HISTORICAL AND REVISION NOTES This section establishes a new medal to be known as the Coast Guard Medal, which is intended to be a parallel award to the Navy and Marine Corps Medal of the Navy, to be awarded under the same circumstances as that medal is awarded to personnel of the Navy (see title 34, U.S.C., 1946 ed., Sec. 356b). 81st Congress, House Report No. 557. ------DocID 17285 Document 239 of 463------ -CITE- 14 USC Sec. 494 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 494. Insignia for additional awards -STATUTE- No more than one medal of honor, distinguished service medal, distinguished flying cross, or one Coast Guard medal shall be issued to any one person; but for each succeeding deed or service sufficient to justify the awarding of a medal of honor, distinguished service medal, distinguished flying cross, or Coast Guard medal, the President may award a suitable emblem or insignia to be worn with the decoration and a corresponding rosette or other device. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 535; Aug. 10, 1956, ch. 1041, Sec. 13, 70A Stat. 624.) -MISC1- HISTORICAL AND REVISION NOTES This section is supplemental to the preceding sections dealing with the award of medals and regulates the award of additional medals of the same kind. It follows the established practice in all the armed forces (see title 34, U.S.C., 1946 ed., Sec. 358). 81st Congress, House Report No. 557. AMENDMENTS 1956 - Act Aug. 10, 1956, included the distinguished flying cross. ------DocID 17286 Document 240 of 463------ -CITE- 14 USC Sec. 495 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 495. Repealed. Pub. L. 87-526, Sec. 1(3), July 10, 1962, 76 Stat. 141) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 535, related to additional pay for holders of medals. ADDITIONAL REPEAL Section was additionally repealed by Pub. L. 87-649, Sec. 14d(5), Sept. 7, 1962, 76 Stat. 502, eff. Nov. 1, 1962. ------DocID 17287 Document 241 of 463------ -CITE- 14 USC Sec. 496 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 496. Time limit on award; report concerning deed -STATUTE- (a) No medal of honor, distinguished service medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof may be awarded to a person unless - (1) the award is made within five years after the date of the deed or service justifying the award; (2) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that deed or termination of the service. (b) If the Secretary determines that - (1) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by the person's superior through official channels within three years from the date of that deed or termination of the service and was supported by sufficient evidence within that time; and (2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted upon; a medal of honor, distinguished service medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof, as the case may be, may be awarded to the person within two years after the date of that determination. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 536; July 10, 1962, Pub. L. 87-526, Sec. 1(5), 76 Stat. 141.) -MISC1- HISTORICAL AND REVISION NOTES This section establishes a time limit on the making of awards. It follows the established practice in all the armed forces (see title 10, U.S.C., 1946 ed., Sec. 1409 and title 34, U.S.C., 1946 ed., Sec. 360). 81st Congress, House Report No. 557. AMENDMENTS 1962 - Pub. L. 87-526 incorporated existing provisions in subsec. (a), included the distinguished flying cross and bar in lieu of any award in the enumeration of medals, and extended the time limit for recommending award of a medal after performance of the deed justifying the award from one to three years and added subsec. (b). ------DocID 17288 Document 242 of 463------ -CITE- 14 USC Sec. 497 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 497. Honorable subsequent service as condition to award -STATUTE- No medal of honor, distinguished service medal, distinguished flying cross, Coast Guard medal, or emblem, or insignia in lieu thereof shall be awarded or presented to any individual, or to the representative of any individual, whose entire service subsequent to the time he distinguished himself shall not in the opinion of the Commandant have been honorable. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 536; Aug. 10, 1956, ch. 1041, Sec. 13, 70A Stat. 624.) -MISC1- HISTORICAL AND REVISION NOTES This section makes honorable service subsequent to the act for which award is made, a condition precedent to granting the award. The Navy has the same statutory condition (see title 34, U.S.C., 1946 ed., Sec. 362). 81st Congress, House Report No. 557. AMENDMENTS 1956 - Act Aug. 10, 1956, included the distinguished flying cross. ------DocID 17289 Document 243 of 463------ -CITE- 14 USC Sec. 498 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 498. Posthumous awards -STATUTE- In case an individual who distinguishes himself dies before the making of any award to which he may be entitled, as authorized in this chapter, the award may be made and presented within five years from the date of the act or service justifying the award to such next of kin as may have been designated by the individual, or in the absence of such designation, or if the designated person is not alive at the time of the award, or the relationship between such person and the serviceman shall have been terminated before his death, then to such representative as the President designates. In the event of a posthumous award when the award will be made to the parents of the deceased and the parents have been divorced or separated, a duplicate award may be made to each parent. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 536.) -MISC1- HISTORICAL AND REVISION NOTES This section sets forth the conditions under which posthumous awards can be made. It is substantially the same as conditions for the Navy, but has the added provision for duplicate awards in case the parents are divorced or separated (see title 34, U.S.C., 1946 ed., Sec. 363). 81st Congress, House Report No. 557. ------DocID 17290 Document 244 of 463------ -CITE- 14 USC Sec. 499 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 499. Delegation of powers to make awards; rules and regulations -STATUTE- The President may delegate to the Secretary, under such conditions, regulations, and limitations as he prescribes, the powers conferred upon him to make the awards designated in this chapter, and the President may make any and all rules, regulations, and orders which he deems necessary in the conferring of such awards. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 536.) -MISC1- HISTORICAL AND REVISION NOTES This section provides for the delegation of powers to make awards to the Secretary. The Navy statute provides for such delegation to force commanders (see title 34, U.S.C., 1946 ed., Sec. 364). 81st Congress, House Report No. 557. ------DocID 17291 Document 245 of 463------ -CITE- 14 USC Sec. 500 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 500. Life-saving medals -STATUTE- (a) The Secretary may, under regulations prescribed by him, award a Life-saving medal of gold or silver to any person, including personnel of the Coast Guard, who rescues or endeavors to rescue any other person from drowning, shipwreck, or other peril of the water in accordance with the following provisions: (1) if such rescue or attempted rescue is made at the risk of one's own life and evidences extreme and heroic daring, the medal shall be of gold; (2) if such rescue or attempted rescue is not sufficiently distinguished to deserve the medal of gold, but evidences the exercise of such signal exertion as to merit recognition, the medal shall be of silver. (b) In order for a person to be eligible for the Life-saving Medals the rescue or attempted rescue must take place in waters within the United States or subject to the jurisdiction thereof, or if the rescue or attempted rescue takes place outside such waters, one or the other of the parties must be a citizen of the United States or from a vessel or aircraft owned or operated by citizens of the United States. (c) No person shall receive more than one gold medal and one silver medal; but any person who has received or may hereafter receive a gold or silver medal and who again performs an act which would entitle him to receive another medal of the same class may be awarded, in lieu of a second medal of the same class, a gold or silver bar, as the case may be, to be worn with the medal already bestowed, and for every such additional act, an additional bar may be awarded. Medals and bars in lieu thereof, authorized by this subsection, may be awarded posthumously. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 536; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(31), 90 Stat. 2521.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 193, 194, 195, 196 (June 20, 1874, ch. 344, Sec. 7, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 12, 20 Stat. 165; May 4, 1882, ch. 117, Sec. 9, 22 Stat. 57; Jan. 21, 1897, ch. 83, 29 Stat. 494). Said sections have been rewritten so as to make the awarding of Life-saving medals turn on whether or not the United States has an interest in the heroic act, rather than on technical jurisdictional grounds. Under existing law the award of a medal could be made in any case in which the rescuer or the rescued was a citizen of the United States, or was from a vessel owned or operated by the United States regardless of where the rescue took place; and if the rescue took place within waters of the United States the award could be made to an alien. The existing law relating to the Treasury Department Life-Saving Medal contained in title 14, U.S.C., 1946, ed., Sec. 192-196, has long needed revision. The existing law is composed of a series of statutes enacted separately between 1874 and 1897, and the result has not been entirely unsatisfactory. The original statute, enacted in 1874 (title 14, U.S.C., 1946 ed., Sec. 193), provided for Life-saving medals of the first and second class to be bestowed 'upon any persons who shall hereafter endanger their own lives in saving, or endeavoring to save lives from the perils of the sea, within the United States, or upon any American vessel'. The medal of the first class was confined to cases of 'extreme and heroic daring' and the medal of the second class was to be awarded 'in cases not sufficiently distinguished to deserve the medal of the first class' Then in 1878 another act was passed (title 14, U.S.C., 1946 ed., Sec. 194) authorizing the bestowal of the medal of the second class 'upon persons making such signal exertions in rescuing and succoring the shipwrecked, and saving persons from drowning' as, in the opinion of the Secretary of the Treasury, merited recognition. These two sections were construed by the Attorney General to be limited to the rescue of persons who were subjected to the perils of the sea in any waters of the United States in the vicinity of any lifeboat station, life-saving station, or house of refuge. And the person upon whom the medal could be bestowed was limited to members of life-saving crews. (1895) Op. Att. Gen. 124. Thereupon, in 1897, an act was passed which provided that the two earlier acts should 'be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exertions in rescuing and succoring the shipwrecked and saving persons from drowning in waters over which the United States has jurisdiction, whether the said persons making such exertions were or were not members of the Life-Saving Service or whether or not such exertions were made in the vicinity of a life-saving station'. (Title 14, U.S.C., 1946 ed., Sec. 196.) This act was designed to give a more liberal application to the two earlier acts, and all three were to be read as one. (1900) 23 Op. Atty. Gen. 78. However, difficult questions of interpretation have arisen because of the different jurisdictional language in the three acts. For example, title 14, U.S.C., 1946 ed., Sec. 193, refers to rescues 'within the United States', while title 14, U.S.C., 1946 ed., Sec. 196, refers to rescues 'in the waters over which the United States has jurisdiction'. The need for clarification is obvious. Subsection (a) authorizes the awarding of the medal to any person, including Coast Guard personnel, who rescues or endeavors to rescue any person from drowning, shipwreck, or peril of the water. If the rescue or attempted rescue is at the risk of one's own life and evidences extreme and heroic daring, the medal shall be of gold, and if the rescue or attempted rescue is not sufficiently distinguished to deserve the gold medal, but evidences the exertion of such signal exertion as to merit recognition, the medal shall be of silver. Thus, the acts for which the medals are to be awarded are defined simply and without any geographical or jurisdictional limitations. The difficulty with the existing law is the attempt to define the required deed together with those limitations. Subsection (a) does not change existing law insofar as the type of act necessary for the medals is concerned; it merely simplifies and clarifies existing law. Subsection (b) contains the jurisdictional limitations on the awarding of the medal and broadens, to a considerable extent, the provisions of existing law. It is the intent of this subsection to authorize the awarding of a medal in all cases where the United States has a legitimate interest in recognizing meritorious acts, such as where a United States citizen performs the act, or where a United States citizen is rescued, or where United States waters or United States vessels or aircraft are involved. Accordingly, rescues by United States citizens anywhere in the world will be recognized. Any person, including persons not citizens of the United States, may receive medals if the rescue or attempted rescue takes place in waters within the United States or subject to its jurisdiction or, in cases of rescues outside such waters, if either the rescuer or the person rescued is from a United States vessel or aircraft, or the person rescued is a United States citizen. Thus, every case in which the United States government has an interest is provided for. A United States citizen who performs a heroic act sufficient to justify a medal in state waters, or in foreign waters, could not receive one under existing law, but could receive such award under this proposed revision. The awarding of medals should not turn on technical jurisdictional grounds; it should turn rather on the interest of the United States to recognize noble and heroic acts. Subsection (c) dealing with the awarding of bars for additional acts, clarifies, but does not change title 14, U.S.C., 1946 ed., Sec. 195, except that authority is granted to award medals posthumously. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-546 substituted 'Secretary' for 'Secretary of the Treasury'. ------DocID 17292 Document 246 of 463------ -CITE- 14 USC Sec. 501 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 501. Replacement of medals -STATUTE- In those cases where a medal, or a bar, emblem, or insignia in lieu thereof, awarded pursuant to this chapter has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was awarded, such medal, or bar, emblem, or insignia in lieu thereof, shall be replaced without charge, or, in the discretion of the Secretary, upon condition that the Government is reimbursed for the cost thereof. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 537.) -MISC1- HISTORICAL AND REVISION NOTES This section provides for the replacement of medals. It follows the established practice of the other armed forces, but makes an additional provision that the Secretary in his discretion may charge for the replacement medals in some circumstances. (See title 10, U.S.C., 1946 ed., Sec. 1416 and title 34, U.S.C., 1946 ed., Sec. 359.) 81st Congress, House Report No. 557. ------DocID 17293 Document 247 of 463------ -CITE- 14 USC Sec. 502 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 502. Award of other medals -STATUTE- Coast Guard personnel, notwithstanding the provisions of this chapter, may be awarded medals, bars, emblems, or insignia to which such personnel may be entitled under other provisions of law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 537.) -MISC1- HISTORICAL AND REVISION NOTES This section insures that the preceding sections are not intended to prevent Coast Guard military personnel from receiving other medals, the legion of merit, for example. 81st Congress, House Report No. 557. MERITORIOUS SERVICE MEDAL Medal established as an award for outstanding meritorious achievement or service to the United States, see Ex. Ord. No. 11448, Jan. 16, 1969, 34 F.R. 915, set out as a note preceding section 1121 of Title 10, Armed Forces. ------DocID 17294 Document 248 of 463------ -CITE- 14 USC Sec. 503 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 503. Awards and insignia for excellence in service or conduct -STATUTE- The Coast Guard may award trophies, badges, and cash prizes to Coast Guard personnel or groups thereof, including personnel of the reserve components thereof whether or not on active duty, for excellence in accomplishments related to Coast Guard service, to incur such expenses as may be necessary to enter such personnel in competitions, and to provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 537.) -MISC1- HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, 'Pay and Allowances' and preceding years: 'not exceeding $10,000 for cash prizes for men for excellence in boatmanship, gunnery, target practice, and engineering competitions' (June 19, 1948, ch. 558, 62 Stat. 561). This section expands the language contained in the appropriation act to include the awarding of trophies and badges, and to include in the accomplishments for which such awards may be made, excellence in any field related to Coast Guard duty. 81st Congress, House Report No. 557. ------DocID 17295 Document 249 of 463------ -CITE- 14 USC Sec. 504 to 506 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- (Sec. 504 to 506. Repealed. July 15, 1954, ch. 507, Sec. 14(c)(5), 68 Stat. 481) -MISC1- Sections, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to disposition of the remains of deceased Coast Guard personnel, escorts to the place of burial for the bodies of such deceased personnel, and the issue of the national flag to be used for draping the coffin of any such deceased member. For provisions relating to recovery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces. ------DocID 17296 Document 250 of 463------ -CITE- 14 USC Sec. 507 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 507. Disposition of effects of decedents -STATUTE- All moneys, articles of value, papers, keepsakes, and other similar effects belonging to the deceased persons in the Coast Guard, not claimed by their legal heirs or next of kin, shall be deposited in safe custody, and if any such moneys, articles of value, papers, keepsakes, or other similar effects so deposited have been, or shall hereafter be, unclaimed for a period of two years from the date of the death of such person, such articles and effects shall be sold and the proceeds thereof, together with the moneys above mentioned, shall be deposited in the Treasury as miscellaneous receipts. The Secretary shall make diligent inquiry in every instance after the death of such person to ascertain the whereabouts of his heirs or next of kin, and prescribe necessary regulations to carry out the foregoing provisions. Claims may be presented hereunder at any time within five years after such moneys or proceeds have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 538.) -MISC1- HISTORICAL AND REVISION NOTES Derived from title 34, U.S.C., 1946 ed., Sec. 942 (Mar. 29, 1918, ch. 31, 40 Stat. 499). Said section provided for the disposition of effects of deceased naval personnel. It is believed similar provisions should be made for Coast Guard personnel. Said section would in no way be affected. 81st Congress, House Report No. 557. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5564; title 37 section 554. ------DocID 17297 Document 251 of 463------ -CITE- 14 USC Sec. 508 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 508. Deserters; payment of expenses incident to apprehension and delivery; penalties -STATUTE- (a) The Coast Guard may, pursuant to regulations prescribed by the Secretary, make such expenditures as are deemed necessary for the apprehension and delivery of deserters, stragglers, and prisoners. (b) No person who is convicted by court martial for desertion from the Coast Guard in time of war, and as the result of such conviction is dismissed or dishonorably discharged from the Coast Guard shall afterwards be enlisted, appointed, or commissioned in any military or naval service under the United States, unless the disability resulting from desertion, as established by this section is removed by a board of commissioned officers of the Coast Guard convened for consideration of the case, and the action of the Board is approved by the Secretary; or unless he is restored to duty in time of war. -SOURCE- (Added May 5, 1950, ch. 169, Sec. 16(a), 64 Stat. 148, and amended July 10, 1952, ch. 631, Sec. 2, 66 Stat. 540.) -MISC1- AMENDMENTS 1952 - Subsec. (a). Act July 10, 1952, authorized reimbursement of necessary expenses to persons other than civil officers, and added stragglers and prisoners to class of offenders. EFFECTIVE DATE Section effective May 31, 1951, see section 5 of act May 5, 1950. ------DocID 17298 Document 252 of 463------ -CITE- 14 USC Sec. 509 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 509. Persons discharged as result of court-martial; allowances to -STATUTE- The Secretary may furnish persons discharged pursuant to the sentence of a Coast Guard court-martial suitable civilian clothing and a monetary allowance not to exceed $25 if the person discharged would not otherwise have suitable clothing or funds to meet immediate needs. -SOURCE- (Added May 5, 1950, ch. 169, Sec. 16(a), 64 Stat. 148, and amended July 5, 1968, Pub. L. 90-377, Sec. 8, 82 Stat. 288.) -MISC1- AMENDMENTS 1968 - Pub. L. 90-377 substituted 'Persons discharged as result of court-martial; allowances to' for 'Prisoners; allowances to; transportation' in section catchline, and struck out provision that persons confined in prisons in pursuance of the sentence of a Coast Guard court shall during such confinement, be allowed a reasonable sum, not to exceed $3 per month, for necessary prison expenses and the provision that the Commandant of the Coast Guard may transport to their homes or places of enlistment, as he may designate, all discharged prisoners, the expense of such transportation to be paid out of any money to the credit of prisoners when discharged. EFFECTIVE DATE Section effective May 31, 1951, see section 5 of act May 5, 1950. -CROSS- CROSS REFERENCES Payment for apprehension of prisoners, see section 644 of this title. ------DocID 17299 Document 253 of 463------ -CITE- 14 USC Sec. 510 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 510. Shore patrol duty; payment of expenses -STATUTE- An officer or cadet of the Coast Guard who is assigned shore patrol duty away from his vessel or other duty station may be paid his actual expenses. -SOURCE- (Added Aug. 10, 1956, ch. 1041, Sec. 14(a), 70A Stat. 624.) ------DocID 17300 Document 254 of 463------ -CITE- 14 USC Sec. 511 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 511. Compensatory absence of military personnel at isolated aids to navigation -STATUTE- The Secretary, under regulations prescribed by him, may grant compensatory absence from duty to military personnel of the Coast Guard serving in lightships and at lighthouses and other isolated aids to navigation of the Coast Guard when conditions of duty result in confinement because of isolations or in long periods of continuous duty. -SOURCE- (Added Aug. 9, 1955, ch. 650, Sec. 4, 69 Stat. 577, and amended Oct. 18, 1976, Pub. L. 94-546, Sec. 1(32), 90 Stat. 2521.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Secretary' for 'head of the department in which the Coast Guard is operating'. ------DocID 17301 Document 255 of 463------ -CITE- 14 USC Sec. 512 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 512. Monetary allowance for transportation of household effects -STATUTE- The transportation and reimbursement authorized by subsection (b) of section 406 of title 37 shall be available hereafter to pay a monetary allowance in place of such transportation to a member who, under regulations prescribed by the Secretary, participates in a program designated by the Secretary in which his baggage and household effects are moved by a privately owned or rental vehicle. This allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of the baggage and household effects. The allowance shall, however, be in an amount that will result in savings to the Government when the total cost of the movement of baggage and household effects is compared with the cost that otherwise would have been incurred under subsection (b) of section 406 of title 37. -SOURCE- (Added Pub. L. 96-376, Sec. 7(a), Oct. 3, 1980, 94 Stat. 1510, and amended Pub. L. 97-295, Sec. 2(16), Oct. 12, 1982, 96 Stat. 1302.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-295 struck out ', United States Code,' after 'title 37' first time appearing, and ', United States Code' after 'title 37' second time appearing. ------DocID 17302 Document 256 of 463------ -CITE- 14 USC Sec. 513 -EXPCITE- TITLE 14 PART I CHAPTER 13 -HEAD- Sec. 513. Retroactive payment of pay and allowances delayed by administrative error or oversight -STATUTE- Under regulations prescribed by the Secretary, the Coast Guard may authorize retroactive payment of pay and allowances, including selective reenlistment bonuses, to enlisted members if entitlement to the pay and allowances was delayed in vesting solely because of an administrative error or oversight. -SOURCE- (Added Pub. L. 100-448, Sec. 13(a), Sept. 28, 1988, 102 Stat. 1844.) ------DocID 17303 Document 257 of 463------ -CITE- 14 USC (CHAPTER 15 -EXPCITE- TITLE 14 PART I (CHAPTER 15 -HEAD- (CHAPTER 15 - REPEALED) ------DocID 17304 Document 258 of 463------ -CITE- 14 USC Sec. 561 to 576 -EXPCITE- TITLE 14 PART I (CHAPTER 15 -HEAD- (Sec. 561 to 576. Repealed. May 5, 1950, ch. 169, Sec. 14(v), 64 Stat. 148) -MISC1- Sections, act Aug. 4, 1949, ch. 393, 63 Stat. 538-544, related to discipline in the Coast Guard. See section 801 et seq. of Title 10, Armed Forces. Sections 562 to 564 were amended by act Aug. 3, 1950, ch. 536, Sec. 27 to 29, respectively, 64 Stat. 407. ------DocID 17305 Document 259 of 463------ -CITE- 14 USC CHAPTER 17 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- CHAPTER 17 - ADMINISTRATION -MISC1- Sec. 631. Delegation of powers by the Secretary. 632. Functions and powers vested in the Commandant. 633. Regulations. 634. Officers holding certain offices. 635. Oaths required for boards. 636. Administration of oaths. 637. Stopping vessels; immunity for firing at or into vessel. 638. Coast Guard ensigns and pennants. 639. Penalty for unauthorized use of words 'Coast Guard'. 640. Coast Guard band recordings for commercial sale. 641. Disposal of certain material. 642. Deposit of damage payments. 643. Rewards for apprehension of persons interfering with aids to navigation. 644. Payment for the apprehension of stragglers. (645. Repealed.) 646. Admiralty claims against the United States. 647. Claims for damage to property of the United States. 648. Accounting for industrial work. 649. Supplies and equipment from stock. 650. Coast Guard Supply Fund. 651. Annual report. 652. Removing restrictions. 653. Employment of draftsmen and engineers. 654. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services. 655. Arms and ammunition; immunity from taxation. 656. Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters. 657. Dependent school children. 658. Confidential investigative expenses. 659. Assistance to film producers. 660. Transportation to and from certain places of employment. 661. Authorization of personnel end strengths. 662. Requirement for prior authorization of appropriations. 663. Submission of plans to Congress. 664. User fees. 665. Restriction on construction of vessels in foreign shipyards. 666. Local hire. 667. Vessel construction bonding requirements. 668. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care. AMENDMENTS 1990 - Pub. L. 101-595, title III, Sec. 306(b), 319(b), Nov. 16, 1990, 104 Stat. 2985, 2989, added items 667 and 668. Pub. L. 101-510, div. A, title III, Sec. 327(d)(2), Nov. 5, 1990, 104 Stat. 1532, added item 640. 1989 - Pub. L. 101-225, title II, Sec. 206(b), Dec. 12, 1989, 103 Stat. 1913, added item 666. 1988 - Pub. L. 100-690, title VII, Sec. 7401(b), Nov. 18, 1988, 102 Stat. 4483, substituted 'immunity for firing at or into vessel' for 'immunity of Coast Guard officer' in item 637. Pub. L. 100-448, Sec. 26(b), 29(b), Sept. 28, 1988, 102 Stat. 1848, 1849, added items 659 and 665. 1986 - Pub. L. 99-509, title V, Sec. 5102(a)(1), Oct. 21, 1986, 100 Stat. 1925, added item 664. 1982 - Pub. L. 97-295, Sec. 2(17), (19)(B), (20)(B), Oct. 12, 1982, 96 Stat. 1302, 1303, struck out items 645 and 659, and added items 661, 662, and 663. 1980 - Pub. L. 96-376, Sec. 10(b), Oct. 3, 1980, 94 Stat. 1511, added item 660. 1977 - Pub. L. 95-61, Sec. 4(2), July 1, 1977, 91 Stat. 260, added item 659. 1974 - Pub. L. 93-283, Sec. 1(11), May 14, 1974, 88 Stat. 140, substituted 'Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters' for 'Use of appropriations to restore, replace, establish, or develop facilities' in item 656, and added item 658. 1972 - Pub. L. 92-417, Sec. 2(b), Aug. 29, 1972, 86 Stat. 656, substituted 'Admiralty claims against the United States' for 'Claims for damages occasioned by vessels' in item 646. 1970 - Pub. L. 91-278, Sec. 1(15), June 12, 1970, 84 Stat. 306, added item 657. 1963 - Pub. L. 88-45, Sec. 3, June 21, 1963, 77 Stat. 69, added item 656. 1962 - Pub. L. 87-526, Sec. 1(7), July 10, 1962, 76 Stat. 142, added item 655. 1959 - Pub. L. 86-159, Sec. 2, Aug. 14, 1959, 73 Stat. 358, added item 654. 1958 - Pub. L. 85-861, Sec. 5(1), Sept. 2, 1958, 72 Stat. 1547, struck out item 640. 1956 - Act Aug. 7, 1956, ch. 1023, Sec. 1(b), 70 Stat. 1077, substituted 'Coast Guard Supply Fund' for 'Coast Guard supply fund and supply account' in item 650. -CROSS- CROSS REFERENCES Procurement of property and services by Coast Guard, see section 2301 et seq. of Title 10, Armed Forces. ------DocID 17306 Document 260 of 463------ -CITE- 14 USC Sec. 631 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 631. Delegation of powers by the Secretary -STATUTE- The Secretary is authorized to confer or impose upon the Commandant any of the rights, privileges, powers, or duties, in respect to the administration of the Coast Guard, vested in or imposed upon the Secretary by this title or other provisions of law. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 544; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(33), 90 Stat. 2521.) -MISC1- HISTORICAL AND REVISION NOTES This section authorizes the Secretary to delegate to the Commandant any of the authority granted to him in respect to the administration of the Coast Guard. Such power to delegate is granted by other statutes to the heads of many of the executive departments. 81st Congress, House Report No. 557. AMENDMENTS 1976 - Pub. L. 94-546 substituted 'Secretary' for 'Secretary of the Treasury' wherever appearing and substituted 'Commandant' for 'Commandant of the Coast Guard'. ADMINISTRATIVE ADVISORY COMMITTEES; SOLICITATION OF NOMINATIONS FOR MEMBERSHIP; PUBLICATION IN FEDERAL REGISTER; DISCLOSURES TO CONGRESS; COMPENSATION AND TRAVEL EXPENSES Pub. L. 97-322, title I, Sec. 118(e), Oct. 15, 1982, 96 Stat. 1587, provided that: '(1) The Secretary of the department in which the Coast Guard is operating shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on any advisory committee established administratively for the purpose of giving advice and recommendations to such Secretary or the Commandant of the Coast Guard with respect to functions of the Coast Guard. '(2) Any advisory committee described in paragraph (1) of this subsection is authorized to make available to Congress any information, advice, and recommendations which the committee is authorized to give to the Secretary of the department in which the Coast Guard is operating or the Commandant of the Coast Guard. '(3) Members of any advisory committee described in paragraph (1) of this subsection who are not officers or employees of the United States shall serve without pay and members of any such committee who are officers or employees of the United States shall receive no additional pay on account of their service on such committee. While away from their homes or regular places of business, members of any such committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.' -CROSS- CROSS REFERENCES Powers of Secretary, see section 92 of this title. ------DocID 17307 Document 261 of 463------ -CITE- 14 USC Sec. 632 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 632. Functions and powers vested in the Commandant -STATUTE- All powers and functions conferred upon the Coast Guard, or the Commandant, by or pursuant to this title or any other law shall, unless otherwise specifically stated, be executed by the Commandant subject to the general supervision of the Secretary. In order to execute the powers and functions vested in him, the Commandant may assign personnel of the Coast Guard to duty in the District of Columbia, elsewhere in the United States, in any territory of the United States, and in any foreign country, but such personnel shall not be assigned to duties in any foreign country without the consent of the government of that country; assign to such personnel such duties and authority as he deems necessary; and issue rules, orders, and instructions, not inconsistent with law, relating to the organization, internal administration, and personnel of the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 545.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 5, U.S.C., 1946 ed., Sec. 41, and on title 14, U.S.C., 1946 ed. Sec. 22, 58, 91, 99, 103 (R.S. 2749; June 18, 1878, ch. 265, Sec. 7, 8, 22 Stat. 164; May 4, 1882, ch. 117, Sec. 5, 22 Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 23; July 3, 1926, ch. 742, Sec. 9, 44 Stat. 817). Said section 91 has been divided. That part dealing with investigation of plans and inventions is covered in section 93(d) of this title. The remainder is covered in general terms. It has been rewritten in broad terms, making clear that the Commandant is granted the necessary authority to administer the Coast Guard under the Secretary, including authority to issue rules, orders, and instructions. This section is primarily a consolidation of existing functions rather than a codification of existing laws. It does not, for the most part, grant new authority to the Coast Guard as an organization. It merely clarifies the method by which Coast Guard functions shall be administered. Under existing statutes, functions relating to the Coast Guard have been conferred upon the President, the Secretary of the Treasury, and the Commandant, and sometimes upon the Secretary of the Treasury in times of peace and the Secretary of the Navy in times of war. This revision confers some functions directly upon the Coast Guard, and this section provides for the execution of those functions by the Commandant, the military head of the organization, thereby making for consistency and uniformity. The functions are to be executed 'subject to the general supervision of the Secretary'. Title 14, U.S.C., 1946 ed., Sec. 91 now grants authority to the Commandant to prescribe regulations; this is changed to the issuance of rules, orders, and instructions as the promulgation of regulations in a military organization is properly a function of the Secretary. Changes were made in phraseology. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Powers of Commandant, see section 93 of this title. ------DocID 17308 Document 262 of 463------ -CITE- 14 USC Sec. 633 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 633. Regulations -STATUTE- In addition to the authority conferred by other provisions of this title the Secretary may promulgate such regulations and orders as he deems appropriate to carry out the provisions of this title or any other law applicable to the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 545.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 92, 185e (June 20, 1874, ch. 344, Sec. 8, 18 Stat. 127; May 26, 1906, ch. 2556, Sec. 1, 34 Stat. 200; May 24, 1939, ch. 146, Sec. 6, 53 Stat. 756). This section enlarges said sections to prescribe what is generally understood in a military organization, that the promulgation of regulations is a function of the head of the Department. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17309 Document 263 of 463------ -CITE- 14 USC Sec. 634 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 634. Officers holding certain offices -STATUTE- (a) Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties. (b) Commissioned officers may be appointed as United States Deputy Marshals in Alaska. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 545; June 25, 1959, Pub. L. 86-70, Sec. 11, 73 Stat. 143; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(18), 96 Stat. 1302.) -MISC1- HISTORICAL AND REVISION NOTES 1949 ACT Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 48 (June 22, 1936, ch. 705, Sec. 4, 49 Stat. 1821; July 11, 1941, ch. 290, Sec. 7, 55 Stat. 585). Subsection (b) is derived from the last 6 lines of title 48, U.S.C., 1946 ed., Sec. 1460 (July 31, 1939, ch. 399, 53 Stat. 1143). An additional provision is added waiving the requirement of a performance bond inasmuch as Coast Guard officers appointed as United States commissioners or marshals are not custodians of funds, and in any case their oath as a commissioned officer appears to be sufficient to insure faithful performance of duty. Changes were made in phraseology. 81st Congress, House Report No. 557. 1982 ACT This amends 14:634(b) to reflect the effect of 28:631(c) and sections 401(a) and 402(a) of the Federal Magistrates Act (Pub. L. 90-578, Oct. 17, 1968, 82 Stat. 1118). AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-295 struck out 'United States Commissioners or' after 'appointed as' and last sentence which provided that any commissioned officer appointed as United States Commissioner in Alaska shall not be required to execute a bond for the faithful performance of his official duties as such Commissioner. 1959 - Subsec. (b). Pub. L. 86-70 substituted 'in Alaska' for 'in and for the territory of Alaska' in two places. ------DocID 17310 Document 264 of 463------ -CITE- 14 USC Sec. 635 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 635. Oaths required for boards -STATUTE- The members of a retiring board, selection board, examining board, and any other board authorized to be assembled pursuant to this title shall be sworn to discharge their duties honestly and impartially, the oath to be administered to the members by the President or other presiding officer of the board, and to him by the junior member or recorder. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 545.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 170 (Apr. 12, 1902, ch. 501, Sec. 5, 32 Stat. 100). Said section has been divided. That part relating to oaths is covered in this section. The remainder is covered in section 425 of this title. Said section is enlarged to include the oaths required for all boards, rather than to cover retiring boards only. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Oath of enlistment, see section 502 of Title 10, Armed Forces. ------DocID 17311 Document 265 of 463------ -CITE- 14 USC Sec. 636 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 636. Administration of oaths -STATUTE- (a) Such commissioned and warrant officers of the Coast Guard as may be designated by the Commandant may, pursuant to rules prescribed by the Commandant, exercise the general powers of a notary public in the administration of oaths for the following purposes: (1) execution, acknowledgment, and attestation of instruments and papers, oaths of allegiance in connection with recruiting, oaths in connection with courts and boards, and all other notarial acts in connection with the proper execution of Coast Guard functions; (2) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in time of war or national emergency; and (3) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in Alaska and places beyond the continental limits of the United States where the Coast Guard is serving. (b) No fee of any character shall be charged by any commissioned or warrant officer for performing notarial acts. The signature and indication of grade of any commissioned or warrant officer performing any notarial act shall be prima facie evidence of his authority. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 545.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 26, 27 (Apr. 16, 1908, ch. 145, Sec. 12, 35 Stat. 63; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 880). Said sections are rewritten, the provisions concerning oaths being broadened to conform more closely to law applicable to officers of the Navy (see title 34, U.S.C., 1946 ed., Sec. 217a). 81st Congress, House Report No. 557. ------DocID 17312 Document 266 of 463------ -CITE- 14 USC Sec. 637 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 637. Stopping vessels; immunity for firing at or into vessel -STATUTE- (a) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the person in command or in charge of the authorized vessel or authorized aircraft may, after a gun has been fired by the authorized vessel or authorized aircraft as a warning signal, fire at or into the vessel which does not stop. (b) The person in command of an authorized vessel or authorized aircraft and all persons acting under that person's direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any person is killed or wounded by the firing, and the person in command of the authorized vessel or authorized aircraft or any person acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail. (c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if - (1) it is a Coast Guard vessel or aircraft; or (2) it is a surface naval vessel on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 546; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7401(a), 102 Stat. 4483.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 68 (R.S. 2765). Aircraft are included within the protective terms of this section which permits aircraft to stop vessels but makes no provision for stopping aircraft. Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1988 - Pub. L. 100-690 substituted 'immunity for firing at or into vessel' for 'immunity of Coast Guard officer' in section catchline, and amended text generally. Prior to amendment, text read as follows: '(a) Whenever any vessel liable to seizure or examination does not bring-to, on being ordered to do so or on being chased by any Coast Guard vessel or aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for vessels or aircraft of the Coast Guard, the person in command or in charge of such Coast Guard vessel or such Coast Guard aircraft may, after a gun has been fired by the Coast Guard vessel or aircraft as a warning signal, fire at or into such vessel which does not bring-to. '(b) The person in command of such Coast Guard vessel or such Coast Guard aircraft and all persons acting by or under his direction shall be indemnified from any penalties or actions for damages for so doing. If any person is killed or wounded by such firing, and the person in command of the Coast Guard vessel or aircraft or any person acting pursuant to his orders is prosecuted or arrested therefor, he shall be forthwith admitted to bail.' -CROSS- CROSS REFERENCES Claims for damages - Military and civilian personnel, see section 3721 of Title 31, Money and Finance. Property of United States, see section 647 of this title. Settlement of claims incident to activities of Coast Guard, see section 2733 of Title 10, Armed Forces. Vessels, adjustment by Secretary, see section 646 of this title. Searches and seizures, see section 89 of this title. ------DocID 17313 Document 267 of 463------ -CITE- 14 USC Sec. 638 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 638. Coast Guard ensigns and pennants -STATUTE- (a) Coast Guard vessels and aircraft shall be distinguished from other vessels and aircraft by an ensign, pennant, or other identifying insignia of such design as prescribed by the Secretary. Such ensign, pennant, or other identifying insignia shall be displayed in accordance with regulations prescribed by the Secretary. (b) No vessel or aircraft without authority shall carry, hoist, or display any ensign, pennant, or other identifying insignia prescribed for, or intended to resemble, any ensign, pennant, or other identifying insignia prescribed for Coast Guard vessels or aircraft. Every person violating this subsection shall be fined not more than $5,000, or imprisoned for not more than two years, or both. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 546.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 64 (R.S. 2764; Aug. 5, 1935, ch. 438, title III, Sec. 308, 49 Stat. 528). Aircraft are included within the provisions of this section. The Secretary rather than the President is given the authority to design ensigns and pennants. Unauthorized display of such insignia is made illegal anywhere rather than only 'within the jurisdiction of the United States'. The language is broadened to include 'any person violating this section'; existing law applies to masters of offending vessels only. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Reserve and Auxiliary flags and pennants, see section 891 of this title. ------DocID 17314 Document 268 of 463------ -CITE- 14 USC Sec. 639 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 639. Penalty for unauthorized use of words 'Coast Guard' -STATUTE- No individual, association, partnership, or corporation shall, without authority of the Commandant, use the combination of letters 'USCG' or 'USCGR', the words 'Coast Guard,' 'United States Coast Guard,' 'Coast Guard Reserve,' 'United States Coast Guard Reserve,' 'Coast Guard Auxiliary,' 'United States Coast Guard Auxiliary,' 'Lighthouse Service,' 'Life Saving Service,' or any combination or variation of such letters or words alone or with other letters or words, as the name under which he or it shall do business, for the purpose of trade, or by way of advertisement to induce the effect of leading the public to believe that any such individual, association, partnership, or corporation has any connection with the Coast Guard. No individual, association, partnership, or corporation shall falsely advertise, or otherwise represent falsely by any device whatsoever, that any project or business in which he or it is engaged, or product which he or it manufactures, deals in, or sells, has been in any way endorsed, authorized, or approved by the Coast Guard. Every person violating this section shall be fined not more than $1,000, or imprisoned not more than one year, or both. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 546; Aug. 3, 1950, ch. 536, Sec. 30, 64 Stat. 408.) -MISC1- HISTORICAL AND REVISION NOTES This section makes the unauthorized use of the words 'Coast Guard' or any derivative thereof, a crime. This is believed to be a desirable prohibition in view of the many commercial organizations which are manufacturing equipment approved by the Coast Guard and selling same to vessels in the United States. 81st Congress, House Report No. 557. AMENDMENTS 1950 - Act Aug. 3, 1950, made it possible for Commandant to grant authority to private business organizations to use terms or designations otherwise prohibited by this section. ------DocID 17315 Document 269 of 463------ -CITE- 14 USC Sec. 640 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 640. Coast Guard band recordings for commercial sale -STATUTE- (a) The Coast Guard band may produce recordings for commercial sale. (b) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Coast Guard for expenses of the Coast Guard band. (c) The Secretary shall prescribe regulations governing the accounting of such proceeds. -SOURCE- (Added Pub. L. 101-510, div. A, title III, Sec. 327(d)(1), Nov. 5, 1990, 104 Stat. 1532.) -MISC1- PRIOR PROVISIONS A prior section, acts Aug. 4, 1949, ch. 393, 63 Stat. 546; June 15, 1955, ch. 142, 69 Stat. 134, which related to interchange of supplies between armed forces, was repealed by Pub. L. 85-861, Sec. 36A, C(1), Sept. 2, 1958, 72 Stat. 1569, 1571. See section 2571 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 974. ------DocID 17316 Document 270 of 463------ -CITE- 14 USC Sec. 641 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 641. Disposal of certain material -STATUTE- (a) The Commandant subject to applicable regulations under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) may dispose of, with or without charge, to the sea-scout service of the Boy Scouts of America, to any incorporated unit of the Coast Guard Auxiliary, and to any public body or private organization not organized for profit having an interest therein for historical or other special reasons, such obsolete or other material as may not be needed for the Coast Guard. (b) The Commandant may, under regulations prescribed by the Secretary, sell apparatus or equipment manufactured by or in use in the Coast Guard, which is not readily procurable in the open market. The money received from such sale shall be deposited in the Treasury to the credit of the current appropriation from which purchase of similar apparatus or equipment is authorized. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 547; Oct. 31, 1951, ch. 654, Sec. 2(11), 65 Stat. 707; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(4), 96 Stat. 1301.) -MISC1- HISTORICAL AND REVISION NOTES Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 43a (Apr. 10, 1936, ch. 179, 49 Stat. 1195). The authorization is enlarged to include any public body or private organization not organized for profit, and the authority to make disposal is placed in the Commandant rather than in the Secretary. Subsection (b) is based on title 33, U.S.C., 1946 ed., Sec. 752a (May 22, 1926, ch. 371, Sec. 5, 44 Stat. 626). Changes were made in phraseology. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, and Tables. -MISC2- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-295 substituted '(40 U.S.C. 471 et seq.)' for ', as amended,' after 'Act of 1949'. 1951 - Subsec. (a). Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, and substituted 'incorporated' for 'regularly organized flotilla or other organized'. ------DocID 17317 Document 271 of 463------ -CITE- 14 USC Sec. 642 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 642. Deposit of damage payments -STATUTE- Whenever an aid to navigation or other property belonging to the Coast Guard is damaged or destroyed by a private person, and such private person or his agent shall pay to the satisfaction of the proper official of the Coast Guard for the cost of repair or replacement of such property, the Commandant may accept and deposit such payments, through proper officers of the Fiscal Service, Treasury Department, in special deposit accounts in the Treasury, for payment therefrom to the person or persons repairing or replacing the damaged property and refundment of amounts collected in excess of the cost of the repairs or replacements concerned. In the event that repair or replacement of the damaged property is effected by the Coast Guard, the appropriations bearing the cost thereof and current at the time collection is made shall be reimbursed from the special deposit account. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 547.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 721a (Aug. 16, 1937, ch. 665, Sec. 2, 50 Stat. 667). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17318 Document 272 of 463------ -CITE- 14 USC Sec. 643 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 643. Rewards for apprehension of persons interfering with aids to navigation -STATUTE- The Coast Guard may offer and pay rewards for the apprehension and conviction, or for information helpful therein, of persons found interfering in violation of law with aids to navigation maintained by the Coast Guard; or for information leading to the discovery of missing Coast Guard property or to recovery thereof. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 547.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 50c (Aug. 2, 1946, ch. 756, Sec. 32, 60 Stat. 857). Section is enlarged to provide for payment of rewards for information leading to the discovery or recovery of missing Coast Guard property. 81st Congress, House Report No. 557. ------DocID 17319 Document 273 of 463------ -CITE- 14 USC Sec. 644 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 644. Payment for the apprehension of stragglers -STATUTE- The Coast Guard may offer and pay rewards for the apprehension and delivery of deserters, stragglers, and prisoners. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 547.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 147 (May 26, 1906, ch. 2556, Sec. 5, 34 Stat. 200). Said section has been divided. That part relating to rewards for the apprehension of deserters is placed in this section. That part relating to the acceptance of convicted deserters in the armed forces is placed in section 575 of this title. The first sentence of said section is eliminated inasmuch as it is believed that commanding officers in the Coast Guard are charged with the duty of apprehending deserters without special statutory authority therefor. The limitation as to amount that could be offered is removed. The provision concerning money due the deserter is eliminated. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Deserters, payment of expenses incident to apprehension and delivery, see section 508 of this title. ------DocID 17320 Document 274 of 463------ -CITE- 14 USC Sec. 645 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- (Sec. 645. Repealed. Pub. L. 90-525, Sec. 2, Sept. 26, 1968, 82 Stat. 877) -MISC1- Section, acts Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 547; Sept. 3, 1954, ch. 1263, Sec. 34, 68 Stat. 1239; Aug. 23, 1958, Pub. L. 85-738, Sec. 4, 5, 72 Stat. 833, provided for settlement of claims incident to activities of Coast Guard. See section 2733 of Title 10, Armed Forces. EFFECTIVE DATE OF REPEAL Section 2 of Pub. L. 90-525 provided that: 'Section 645 of title 14 of the United States Code is repealed two years after the effective date of this Act (Sept. 26, 1968).' ------DocID 17321 Document 275 of 463------ -CITE- 14 USC Sec. 646 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 646. Admiralty claims against the United States -STATUTE- (a) The Secretary may consider, ascertain, adjust, determine, compromise, or settle, and pay in an amount not more than $100,000, an admiralty claim against the United States for - (1) damage caused by a vessel in the Coast Guard service or by other property under the jurisdiction of the Department in which the Coast Guard is operating; (2) compensation for towage and salvage services, including contract salvage, rendered to a vessel in the Coast Guard service or to other property under the jurisdiction of the Department in which the Coast Guard is operating; or (3) damage caused by a maritime tort committed by an agent or employee of the Department in which the Coast Guard is operating or by property under the jurisdiction of that Department. (b) Upon acceptance of payment by the claimant, the settlement or compromise of a claim under this section is final and conclusive notwithstanding any other law. (c) If a claim under this section is settled or compromised for more than $100,000, the Secretary shall certify it to Congress. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 548; June 29, 1960, Pub. L. 86-533, Sec. 1(3)(A), 74 Stat. 245; Aug. 29, 1972, Pub. L. 92-417, Sec. 2(a), 86 Stat. 655.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 71 (June 15, 1936, ch. 550, 49 Stat. 1514; July 1, 1944, ch. 373, title VII, Sec. 711, 58 Stat. 714; Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1051). This section closely parallels title 46, U.S.C., 1946 ed., Sec. 797, 798, which authorizes the Secretary of the Navy to negotiate amicable settlement of claims against the United States arising out of the operation of Naval vessels. It grants similar authority to the Secretary of the Treasury in relation to vessels in the Coast Guard service, and the limiting amount is reduced from $1,000,000 to $25,000. It is believed that this section will work to the benefit of the Government by reducing civil litigation and the number of claims which must presently be certified to Congress for appropriations in order to make settlement. It will greatly expedite the settlement of just claims and should result in a considerable overall savings to the Government. 81st Congress, House Report No. 557. AMENDMENTS 1972 - Subsec. (a). Pub. L. 92-417 incorporated in part first sentence of former subsec. (a) in text preceding par. (1), substituted 'Secretary' for 'Secretary of the Treasury', inserted provisions authorizing payments up to $100,000, struck out second, third, and fourth sentences providing that provisions of this section were supplementary to other provisions, that claims in excess of $3,000 accrued prior to Sept. 8, 1939, would not be considered, and that payments be made out of Coast Guard appropriations, and added pars. (1) to (3). Subsec. (b). Pub. L. 92-417 incorporated in part first sentence of former subsec. (a). Subsec. (c). Pub. L. 92-417 incorporated provisions of last sentence of former subsec. (a) and substituted '100,000' for '25,000'. 1960 - Subsec. (b). Pub. L. 86-533 repealed subsec. (b) which required the Secretary of the Treasury to report to the Congress the payment of claims determined, compromised, settled, or paid. -CROSS- CROSS REFERENCES Aircraft deemed public aircraft, see section 828 of this title. Vessel deemed public vessel, see section 827 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 827, 828 of this title. ------DocID 17322 Document 276 of 463------ -CITE- 14 USC Sec. 647 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 647. Claims for damage to property of the United States -STATUTE- The Secretary may consider, ascertain, adjust, determine, compromise, or settle claims for damage cognizable in admiralty in a district court of the United States and all claims for damage caused by a vessel or floating object, to property of the United States under the jurisdiction of the Coast Guard or property for which the Coast Guard may have assumed, by contract or otherwise, any obligation to respond for damage thereto. The Secretary is further authorized to receive in payment of any such claim the amount due the United States pursuant to determination, compromise, or settlement as herein authorized and, upon acceptance of such payment but not until then, such determination, settlement, or compromise of such claim shall be final and conclusive for all purposes, any law to the contrary notwithstanding. All such payments shall be deposited in the Treasury of the United States as miscellaneous receipts. The Secretary is further authorized to execute on behalf of the United States and to deliver in exchange for such payment a full release of such claim. This section, as respects the determination, compromise, settlement, and payment of claims, shall be supplementary to, and not in lieu of, all other provisions of law authorizing the determination, compromise, or settlement of claims for damage to property hereinabove described. No settlement or compromise where there is involved a payment in the net amount of over $100,000 is authorized by this section. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 549; June 29, 1960, Pub. L. 86-533, Sec. 1(3)(B), 74 Stat. 245; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(34), 90 Stat. 2521; Oct. 30, 1984, Pub. L. 98-557, Sec. 17(b)(3)(A), 98 Stat. 2868.) -MISC1- HISTORICAL AND REVISION NOTES This section closely parallels title 34, U.S.C., 1946 ed., Sec. 600a, 600b, which authorize the Secretary of the Navy to negotiate amicable settlements of affirmative claims of the United States for damage to Government property. Experience gained by the Navy since enactment of title 34, U.S.C., 1946 ed., Sec. 600a-600d, indicates that such amicable settlement reacts to the benefit of the Government in many cases. The provisions of this section would complement those of section 646 of this title and the two sections together would permit the Coast Guard to negotiate the settlement of claims arising out of Coast Guard floating operations, both for and against the United States. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted '$100,000' for '$25,000'. 1976 - Pub. L. 94-546 struck out subsection designation '(a)' and substituted 'Secretary' for 'Secretary of the Treasury' wherever appearing, 'deposited in the Treasury of the United States' for 'covered into the Treasury of the United States', and 'authorized by this section' for 'authorized by this title'. 1960 - Pub. L. 86-533 repealed subsec. (b) which required the Secretary of the Treasury to report to Congress with respect to payments received by the United States in excess of $3,000. EFFECTIVE DATE OF 1984 AMENDMENT Section 17(b)(3)(B) of Pub. L. 98-557 provided that: 'The amendment made by subparagraph (A) of this paragraph (amending this section) shall apply to all claims considered, ascertained, adjusted, determined, compromised or settled on or after the date of enactment of this Act (Oct. 30, 1984).' ------DocID 17323 Document 277 of 463------ -CITE- 14 USC Sec. 648 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 648. Accounting for industrial work -STATUTE- The Secretary may prescribe regulations governing accounting for industrial work, including charges for overhead for civilian labor and for maintenance of industrial plant and equipment, performed at the Coast Guard Yard or such similar Coast Guard industrial establishments as he may designate. Any orders placed for such industrial work shall be covered by a transfer or advance of funds to cover the estimated cost thereof, and shall be credited to such accounts as may be necessary and established by the Secretary to carry out the provisions of this section. Accounts so established shall be available for materials, supplies, or equipment, and civilian labor, including overhead and maintenance, required in performing the work ordered. Upon completion of an order an adjustment will be made to make the amount transferred or advanced equal to the actual cost as computed in accordance with the accounting regulations prescribed by the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 549.) -MISC1- HISTORICAL AND REVISION NOTES This section is intended to eliminate a very cumbersome and inefficient method of accounting for industrial jobs at the Coast Guard Yard and other shore establishments where industrial work may be undertaken. Under existing law several accounts must be kept current for each job in progress. Under this statute the working fund would be available for all types of expenditures in connection with a job and the breakdown into separate accounts could be done after the job is complete. The other armed forces have provisions of law which permit a working fund similar to the one provided by this section. 81st Congress, House Report No. 557. ------DocID 17324 Document 278 of 463------ -CITE- 14 USC Sec. 649 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 649. Supplies and equipment from stock -STATUTE- Supplies and equipment for special work of the Coast Guard may be furnished from general stock and the applicable appropriation reimbursed therefor from the respective appropriations for such special work. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 550.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1934 ed., Sec. 726 (Mar. 4, 1913, ch. 168, 37 Stat. 1018). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17325 Document 279 of 463------ -CITE- 14 USC Sec. 650 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 650. Coast Guard Supply Fund -STATUTE- (a) A Coast Guard Supply Fund is authorized. The Secretary may prescribe regulations for designating the classification of materials to be stocked. In these regulations, whenever the fund is extended to include items not previously stocked, or spare parts obtained as part of a procurement under a different account of major items such as vessels or aircraft, whether or not such parts were previously stocked, the Secretary may authorize an increase in the existing capital of the fund by the value of such usable materials transferred thereto from Coast Guard inventories carried in other accounts. Except for the materials so transferred, the fund shall be charged with the cost of materials purchased or otherwise acquired. The fund shall be credited with the value of materials consumed, issued for use, sold, or otherwise disposed of, such values to be determined on a basis that will approximately cover the cost thereof. (b) Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursement to the Coast Guard Supply Fund in such amount and for such period, as the Secretary, with approval of the Director of the Office of Management and Budget, may determine to be necessary to maintain stock levels consistently with planned operations for the next year. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 550; Aug. 7, 1956, ch. 1023, Sec. 1(a), 70 Stat. 1077; June 12, 1970, Pub. L. 91-278, Sec. 1(13), 84 Stat. 306; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(35), 90 Stat. 2521; Oct. 3, 1980, Pub. L. 96-376, Sec. 5, 94 Stat. 1509.) -MISC1- HISTORICAL AND REVISION NOTES A Coast Guard supply fund was established by the Naval Appropriation Act for fiscal year 1943 approved February 7, 1942, 56 Stat. 73. Experience has clearly shown that it is advantageous to the Government to have permanent authorization for such a fund. 81st Congress, House Report No. 557. AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-376 substituted 'these regulations' for 'such regulations' and authorized an increase in the capital of the fund when the fund is extended to include spare parts obtained as part of a procurement under a different account of major items such as vessels or aircraft, whether or not such parts were previously stocked. 1976 - Subsec. (b). Pub. L. 94-546 substituted 'Office of Management and Budget' for 'Bureau of the Budget'. 1970 - Pub. L. 91-278 designated existing provisions as subsec. (a) and added subsec. (b). 1956 - Act Aug. 7, 1956, substituted 'Coast Guard Supply Fund' for 'Coast Guard supply fund and supply account' in section catchline, struck out provisions calling for mandatory increase of the Fund by the value of commissary provisions and uniform clothing on hand on July 1, 1949, and inserted provisions permitting the Secretary to prescribe regulations for designating the classification of materials to be stocked and for increasing the existing capital of the Fund. ------DocID 17326 Document 280 of 463------ -CITE- 14 USC Sec. 651 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 651. Annual report -STATUTE- In April of each year, the Commandant, through the Secretary, shall report to Congress the operations and expenditures of the Coast Guard during the preceding fiscal year, including amounts collected as provided under section 664 of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 550; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(36), 90 Stat. 2522; Oct. 21, 1986, Pub. L. 99-509, title V, Sec. 5102(a)(2), 100 Stat. 1926.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 36, 37 (Oct. 2, 1888, ch. 1069, 25 Stat. 511; Jan. 28, 1915, ch. 20, Sec. 5, 38 Stat. 802). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-509 substituted 'preceding fiscal year, including amounts collected as provided under section 664 of this title' for 'preceding fiscal year'. 1976 - Pub. L. 94-546 substituted 'April' for 'January'. ------DocID 17327 Document 281 of 463------ -CITE- 14 USC Sec. 652 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 652. Removing restrictions -STATUTE- Any law removing for the duration of a war or national emergency proclaimed by the President any restriction contained in any then-existing law as applied to the Navy, including, but not limited to, restrictions relating to the manner in which purchases may be made and contracts awarded, fiscal operations, and personnel, shall, in the same manner and to the same extent, remove such restrictions as applied to the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 550.) -MISC1- HISTORICAL AND REVISION NOTES This section is new and provides that any law removing for the duration of a war or national emergency any restriction contained in any then-existing law as applied to the Navy shall operate in the same manner to remove such restrictions as applied to the Coast Guard. Included are restrictions relating to the manner in which purchases may be made and contracts awarded, fiscal operations, and personnel. This provision is designed to enable the Coast Guard to operate as efficiently as the Navy Department in time of war or during a national emergency and would permit the Coast Guard more effectively to maintain itself in a state of military readiness during periods of emergency. Since the Coast Guard operates as part of the Navy in time of war, it is essential that its operations be as flexible and as efficient as those of the Department of which it is to be a part. This section would prevent inadvertent failures specifically to mention the Coast Guard in legislation of the type described in this section from hindering service operations. 81st Congress, House Report No. 557. ------DocID 17328 Document 282 of 463------ -CITE- 14 USC Sec. 653 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 653. Employment of draftsmen and engineers -STATUTE- The Coast Guard may employ temporarily, at the seat of government, draftsmen and engineers for the preparation of plans and specifications for vessels, lighthouses, aids to navigation, and other projects for the Coast Guard that may be authorized or appropriated for by Congress, to be paid from the appropriations applicable to such projects. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 550.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., Sec. 716 (June 17, 1910, ch. 301, Sec. 9, 36 Stat. 538; July 27, 1939, ch. 388, Sec. 1, 53 Stat. 1130). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17329 Document 283 of 463------ -CITE- 14 USC Sec. 654 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 654. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services -STATUTE- The Secretary under such regulations as he may prescribe, may sell to public and commercial vessels and other watercraft, such fuel, supplies and furnish such services as may be required to meet the necessities of the vessel or watercraft if such vessel or watercraft is unable - (1) to procure the fuel, supplies, or services from other sources at its present location; and (2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried aboard. Sales under this section shall be at such prices as the Secretary considers reasonable. Payment will be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise directed by another provision of law, be credited to the current appropriation concerned and are available for the same purposes as that appropriation. -SOURCE- (Added Pub. L. 86-159, Sec. 1, Aug. 14, 1959, 73 Stat. 357, and amended Pub. L. 89-444, Sec. 1(22), June 9, 1966, 80 Stat. 197.) -MISC1- AMENDMENTS 1966 - Pub. L. 89-444 inserted 'Public and commercial vessels and other watercraft; sale of fuel, supplies, and services' in section catchline. ------DocID 17330 Document 284 of 463------ -CITE- 14 USC Sec. 655 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 655. Arms and ammunition; immunity from taxation -STATUTE- No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for the Coast Guard. -SOURCE- (Added Pub. L. 87-526, Sec. 1(6), July 10, 1962, 76 Stat. 142, and amended Pub. L. 94-546, Sec. 1(37), Oct. 18, 1976, 90 Stat. 2522.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-546 struck out 'United States' before 'Coast Guard'. ------DocID 17331 Document 285 of 463------ -CITE- 14 USC Sec. 656 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 656. Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters -STATUTE- (a) Funds appropriated to or for the use of the Coast Guard for acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters shall remain available until expended. (b) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to restore, repair, or replace facilities that have been damaged or destroyed, including acquisition of sites. (c) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to acquire, construct, convert, extend, and install at Coast Guard installations and facilities, needed permanent or temporary public works, including the preparation of sites and the furnishing of appurtenances, utilities, and equipment, but excluding the construction of family quarters, costing not more than $200,000 for any one project. -SOURCE- (Added Pub. L. 88-45, Sec. 2, June 21, 1963, 77 Stat. 68, and amended Pub. L. 93-283, Sec. 1(9), May 14, 1974, 88 Stat. 140.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-283, Sec. 1(9)(A), substituted 'Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters' for 'Use of appropriations to restore, replace, establish, or develop facilities' in section catchline. Pub. L. 93-283, Sec. 1(9)(B), (C), added subsec. (a) and redesignated former subsecs. (a) and (b) as (b) and (c), respectively. CURRENT COAST GUARD PLANS FOR CAPITAL INVESTMENT, CUTTERS, AVIATION, AND SHORE FACILITIES; SUBMITTAL TO CONGRESS WITH BUDGET REQUESTS Pub. L. 96-376, Sec. 12, Oct. 3, 1980, 94 Stat. 1511, which had provided that the President submit to the Congress, with the fiscal year 1982 budget request for the Coast Guard and each subsequent budget request, the current copy of the Coast Guard's Capital Investment Plan, Cutter Plan, Aviation Plan, and Shore Facilities Plan, was repealed and reenacted as section 663 of this title by Pub. L. 97-295, Sec. 2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1303, 1315. FUNDS APPROPRIATED TO OR FOR USE OF COAST GUARD AFTER FISCAL YEAR 1977; LIMITATION Pub. L. 94-406, Sec. 5, Sept. 10, 1976, 90 Stat. 1236, which had provided that after fiscal year 1977, funds may not be appropriated to or for the use of the Coast Guard for the operation and maintenance of the Coast Guard; for acquisition, construction, rebuilding, or improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related thereto; for alteration of obstructive bridges; or for research, development, tests, or evaluation related to any of the above, unless the appropriation of such funds had been authorized by legislation enacted after December 31, 1976, was repealed and reenacted as section 662 of this title by Pub. L. 97-295, Sec. 2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1303, 1314. ------DocID 17332 Document 286 of 463------ -CITE- 14 USC Sec. 657 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 657. Dependent school children -STATUTE- (a) Except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), the Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary and secondary schooling of dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of those dependents. (b) Whenever the Secretary, under such regulations as he may prescribe, determines that schools located in the same area in which a Coast Guard facility is located are not accessible by public means of transportation on a regular basis, he may provide, out of funds appropriated to or for the use of the Coast Guard, for the transportation of dependents of Coast Guard personnel between the schools serving the area and the Coast Guard facility. -SOURCE- (Added Pub. L. 91-278, Sec. 1(14), June 12, 1970, 84 Stat. 306, and amended Pub. L. 93-430, Sec. 5, Oct. 1, 1974, 88 Stat. 1182.) -REFTEXT- REFERENCES IN TEXT Act of September 30, 1950, referred to in subsec. (a), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, known as the Educational Agencies Financial Aid Act, which is classified generally to chapter 13 (Sec. 236 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1974 - Pub. L. 93-430 struck out '; transportation of' after 'children' in section catchline, designated existing provisions as subsec. (b), and added subsec. (a). ------DocID 17333 Document 287 of 463------ -CITE- 14 USC Sec. 658 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 658. Confidential investigative expenses -STATUTE- Not more than $15,000 per annum appropriated for necessary expenses for the operation of the Coast Guard shall be available for investigative expenses of a confidential character, to be expended on the approval or authority of the Commandant and payment to be made on his certificate of necessity for confidential purposes, and his determination shall be final and conclusive upon the accounting officers of the Government. -SOURCE- (Added Pub. L. 93-283, Sec. 1(10), May 14, 1974, 88 Stat. 140.) ------DocID 17334 Document 288 of 463------ -CITE- 14 USC Sec. 659 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 659. Assistance to film producers -STATUTE- (a) Notwithstanding any other provision of law, when the Secretary determines that it is appropriate, and that it will not interfere with Coast Guard missions, the Secretary may conduct operations with Coast Guard vessels, aircraft, facilities, or personnel, in such a way as to give assistance to film producers. As used in this section, 'film producers' includes commercial or noncommercial producers of material for cinema, television, or videotape. (b) The Secretary shall keep account of costs incurred as a result of providing assistance to film producers, not including costs which would otherwise be incurred in Coast Guard operations or training, or shall estimate such costs in advance, and such costs shall be paid to the Secretary by the film producers who request such assistance, on terms determined by the Secretary. The Secretary may waive costs not exceeding $200 for one production, and may waive other costs related to noncommercial productions which the Secretary determines to be in the public interest. The Secretary shall reimburse the amounts collected under this section to the Coast Guard appropriation account under which the costs were incurred. -SOURCE- (Added Pub. L. 100-448, Sec. 29(a), Sept. 28, 1988, 102 Stat. 1849.) -MISC1- PRIOR PROVISIONS A prior section 659, added Pub. L. 95-61, Sec. 4(1), July 1, 1977, 91 Stat. 259, and amended Pub. L. 97-258, Sec. 3(d), Sept. 13, 1982, 96 Stat. 1064, which directed the merger of obligated balances with current appropriations, was repealed by Pub. L. 97-295, Sec. 2(19)(A), Oct. 12, 1982, 96 Stat. 1302. ------DocID 17335 Document 289 of 463------ -CITE- 14 USC Sec. 660 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 660. Transportation to and from certain places of employment -STATUTE- (a) Whenever the Secretary determines that it is necessary for the effective conduct of the affairs of the Coast Guard, he may, at reasonable rates of fare fixed under regulations to be prescribed by him, provide assured and adequate transportation by motor vehicle or water carrier to and from their places of employment for persons attached to, or employed by, the Coast Guard; and during a war or during a national emergency declared by Congress or the President, for persons attached to, or employed in, a private plant that is manufacturing material for the Coast Guard. (b) Transportation may not be provided under subsection (a) unless the Secretary or an officer designated by the Secretary, determines that - (1) other transportation facilities are inadequate and cannot be made adequate; (2) a reasonable effort has been made to induce operators of private facilities to provide the necessary transportation; and (3) the service to be furnished will make proper use of transportation facilities and will supply the most efficient transportation to the persons concerned. (c) To provide transportation under subsection (a), the Secretary may - (1) buy, lease, or charter motor vehicles or water carriers having a seating capacity of 12 or more passengers; (2) maintain and operate that equipment by enlisted members or employees of the Coast Guard, or by private persons under contract; and (3) lease or charter the equipment to private or public carriers for operation under terms that are considered necessary by the Secretary or by an officer designated by the Secretary, and that may provide for the pooling of government-owned and privately owned equipment and facilities and for the reciprocal use of that equipment. (d) Fares received under subsection (a), and proceeds of the leasing or chartering of equipment under subsection (c)(3), shall be covered into the Treasury as miscellaneous receipts. -SOURCE- (Added Pub. L. 96-376, Sec. 10(a), Oct. 3, 1980, 94 Stat. 1510, and amended Pub. L. 99-145, title XVI, Sec. 1623, Nov. 8, 1985, 99 Stat. 778; Pub. L. 99-550, Sec. 2(e), Oct. 27, 1986, 100 Stat. 3070.) -MISC1- AMENDMENTS 1986 - Subsec. (e). Pub. L. 99-550 struck out subsec. (e) which provided that passenger motor vehicles of the United States could be used to provide transportation between the residence and place of work of the Commandant. See section 1344 of Title 31, Money and Finance. 1985 - Subsec. (e). Pub. L. 99-145 added subsec. (e). EFFECTIVE DATE OF 1985 AMENDMENT Section 1623 of Pub. L. 99-145 provided that the amendment made by that section is effective Oct. 1, 1985. ------DocID 17336 Document 290 of 463------ -CITE- 14 USC Sec. 661 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 661. Authorization of personnel end strengths -STATUTE- (a) For each fiscal year, Congress shall authorize the strength for active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for the use of active duty personnel of the Coast Guard only if the end strength for active duty personnel for that fiscal year has been authorized by law. (b)(1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories: (A) Recruit and specialized training. (B) Flight training. (C) Professional training in military and civilian institutions. (D) Officer acquisition training. (2) Amounts may be appropriated for a fiscal year for use in training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the Coast Guard for that fiscal year have been authorized by law. -SOURCE- (Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1302.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 661 14:ch. 11(note). Sept. 10, 1976, Pub. L. 94-406, Sec. 6, 90 Stat. 1236. ------------------------------- The words 'after fiscal year 1977' are omitted as executed. The word 'Amounts' is substituted for 'funds' for clarity and consistency. ------DocID 17337 Document 291 of 463------ -CITE- 14 USC Sec. 662 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 662. Requirement for prior authorization of appropriations -STATUTE- Amounts may be appropriated to or for the use of the Coast Guard for the following matters only if the amounts have been authorized by law after December 31, 1976: (1) For the operation and maintenance of the Coast Guard. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the aids, establishments, vessels, or aircraft. (3) For altering obstructive bridges. (4) For research, development, test, or evaluation related to a matter referred to in clauses (1)-(3). (5) For environmental compliance and restoration at Coast Guard facilities. -SOURCE- (Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, and amended Pub. L. 101-225, title II, Sec. 222(c), Dec. 12, 1989, 103 Stat. 1919.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 662 14:656(note). Sept. 10, 1976, Pub. L. 94-406, Sec. 5, 90 Stat. 1236. ------------------------------- The word 'Amounts' is substituted for 'funds' for clarity and consistency. Before clause (1), the words 'After fiscal year 1977' are omitted as executed. The words 'of such funds' are omitted as unnecessary. In clause (2), the words 'aids, establishments, vessels, or aircraft' are substituted for 'thereto' for clarity. In clause (4), the words 'a matter referred to in clauses (1)-(3)' are substituted for 'any of the above' for clarity. AMENDMENTS 1989 - Par. (5). Pub. L. 101-225 added par. (5). ------DocID 17338 Document 292 of 463------ -CITE- 14 USC Sec. 663 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 663. Submission of plans to Congress -STATUTE- The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard's Capital Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan, and Information Resources Management Plan. Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget. -SOURCE- (Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, and amended Pub. L. 100-448, Sec. 25, Sept. 28, 1988, 102 Stat. 1847; Pub. L. 101-595, title III, Sec. 311(c), Nov. 16, 1990, 104 Stat. 2987.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 663 14:656(note). Oct. 3, 1980, Pub. L. 96-376, Sec. 12, 94 Stat. 1511. ------------------------------- The words 'with the fiscal year 1982 budget request' and 'subsequent' are omitted as executed. AMENDMENTS 1990 - Pub. L. 101-595 substituted 'Shore Facilities Plan, and Information Resources Management Plan.' for 'and Shore Facilities Plan.' 1988 - Pub. L. 100-448 inserted at end 'Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.' STATUS REPORTS ON POLAR ICEBREAKING VESSELS Pub. L. 99-640, Sec. 15, Nov. 10, 1986, 100 Stat. 3552, provided that: 'The Secretary of the department in which the Coast Guard is operating shall provide detailed reports to Congress concerning the status of design and construction plans for the procurement of at least two new polar icebreaking vessels. Such reports shall be included in the Cutter Plan required annually by section 663 of title 14, United States Code, and shall be submitted each year until at least two new polar icebreaking vessels have been delivered to the Coast Guard.' ------DocID 17339 Document 293 of 463------ -CITE- 14 USC Sec. 664 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 664. User fees -STATUTE- (a) A fee or charge for a service or thing of value provided by the Coast Guard shall be prescribed as provided in section 9701 of title 31. (b) Amounts collected by the Secretary for a service or thing of value provided by the Coast Guard shall be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. (c) Before January 1 of each year, the Secretary shall submit a report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes - (1) a verification of each activity for which a fee or charge is collected under any law stating - (A) the amount collected in the prior fiscal year; and (B) that the amount spent on that activity in that fiscal year is not less than the amount collected; and (2) the amount expected to be collected under any law in the current fiscal year for each activity for which a fee or charge is expected to be collected. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5102(a)(3), Oct. 21, 1986, 100 Stat. 1926, and amended Pub. L. 101-225, title II, Sec. 211, Dec. 12, 1989, 103 Stat. 1914.) -MISC1- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-225 inserted 'under any law' after first reference to 'collected' in pars. (1) and (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 651 of this title. ------DocID 17340 Document 294 of 463------ -CITE- 14 USC Sec. 665 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 665. Restriction on construction of vessels in foreign shipyards -STATUTE- (a) Except as provided in subsection (b), no Coast Guard vessel, and no major component of the hull or superstructure of a Coast Guard vessel, may be constructed in a foreign shipyard. (b) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so. The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by Congress. -SOURCE- (Added Pub. L. 100-448, Sec. 26(a), Sept. 28, 1988, 102 Stat. 1847.) ------DocID 17341 Document 295 of 463------ -CITE- 14 USC Sec. 666 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 666. Local hire -STATUTE- (a) Notwithstanding any other law, each contract awarded by the Coast Guard for construction or services to be performed in whole or in part in a State that has an unemployment rate in excess of the national average rate of unemployment (as determined by the Secretary of Labor) shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills. The Secretary of Transportation may waive the requirements of this subsection in the interest of national security or economic efficiency. (b) Local Resident Defined. - As used in this section, 'local resident' means a resident of, or an individual who commutes daily to, a State described in subsection (a). -SOURCE- (Added Pub. L. 101-225, title II, Sec. 206(a), Dec. 12, 1989, 103 Stat. 1912.) ------DocID 17342 Document 296 of 463------ -CITE- 14 USC Sec. 667 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 667. Vessel construction bonding requirements -STATUTE- The Secretary or the Commandant may require bid, payment, performance, payment and performance, or completion bonds or other financial instruments from contractors for construction, alteration, repair, or maintenance of Coast Guard vessels if - (1) the bond is required by law; or (2) the Secretary or Commandant determines after investigation that the amount of the bond in excess of 20 percent of the value of the base contract quantity excluding options, would not prevent a responsible bidder or offeror from competing for award of the contract. -SOURCE- (Added Pub. L. 101-595, title III, Sec. 306(a), Nov. 16, 1990, 104 Stat. 2985.) ------DocID 17343 Document 297 of 463------ -CITE- 14 USC Sec. 668 -EXPCITE- TITLE 14 PART I CHAPTER 17 -HEAD- Sec. 668. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care -STATUTE- (a) The Secretary may contract for the delivery of health care to which covered beneficiaries are entitled under chapter 55 of title 10. The Secretary may enter into a contract under this section with any of the following: (1) Health maintenance organizations. (2) Preferred provider organizations. (3) Individual providers, individual medical facilities, or insurers. (4) Consortiums of these providers, facilities, or insurers. (b) A contract entered into under this section may provide for the delivery of - (1) selected health care services; (2) total health care services for selected covered beneficiaries; or (3) total health care services for all covered beneficiaries who reside in a geographic area designated by the Secretary. (c) The Secretary may prescribe a premium, deductible, copayment, or other change for health care provided under this section. -SOURCE- (Added Pub. L. 101-595, title III, Sec. 319(a), Nov. 16, 1990, 104 Stat. 2989.) ------DocID 17344 Document 298 of 463------ -CITE- 14 USC CHAPTER 19 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- CHAPTER 19 - ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM -MISC1- Sec. 690. Definitions. 691. Environmental Compliance and Restoration Program. 692. Environmental Compliance and Restoration Account. 693. Annual Report to Congress. ------DocID 17345 Document 299 of 463------ -CITE- 14 USC Sec. 690 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- Sec. 690. Definitions -STATUTE- For the purposes of this chapter - (1) 'environment', 'facility', 'person', 'release', 'removal', 'remedial', and 'response' have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601); (2) 'hazardous substance' has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given 'oil' in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and (3) 'pollutant' has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). -SOURCE- (Added Pub. L. 101-225, title II, Sec. 222(a), Dec. 12, 1989, 103 Stat. 1917.) ------DocID 17346 Document 300 of 463------ -CITE- 14 USC Sec. 691 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- Sec. 691. Environmental Compliance and Restoration Program -STATUTE- (a) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities. (b) Program goals include: (1) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants. (2) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment. (3) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities. (4) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities. (c)(1) The Secretary shall respond to releases of hazardous substances and pollutants - (A) at each Coast Guard facility the United States owns, leases, or otherwise possesses; (B) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and (C) on each vessel the Coast Guard owns or operates. (2) Paragraph (1) of this subsection does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622). (3) The Secretary shall pay a fee or charge imposed by a state (FOOTNOTE 1) authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This paragraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person. (FOOTNOTE 1) So in original. Probably should be 'State'. (d) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary's responsibilities under this chapter. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary's responsibilities under this chapter. Services that may be obtained under this subsection include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility. (e) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this chapter. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable, potential, long-term liability. -SOURCE- (Added Pub. L. 101-225, title II, Sec. 222(a), Dec. 12, 1989, 103 Stat. 1917.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 692 of this title. ------DocID 17347 Document 301 of 463------ -CITE- 14 USC Sec. 692 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- Sec. 692. Environmental Compliance and Restoration Account -STATUTE- (a) There is established for the Coast Guard an account known as the Coast Guard Environmental Compliance and Restoration Account. All sums appropriated to carry out the Coast Guard's environmental compliance and restoration functions under this chapter or another law shall be credited or transferred to the account and remain available until expended. (b) Funds may be obligated or expended from the account to carry out the Coast Guard's environmental compliance and restoration functions under this chapter or another law. (c) In proposing the budget for any fiscal year under section 1105 of title 31, United States Code, the President shall set forth separately the amount requested for the Coast Guard's environmental compliance and restoration activities under this chapter or another law. (d) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary's response actions at current and former Coast Guard facilities shall be credited to the account. -SOURCE- (Added Pub. L. 101-225, title II, Sec. 222(a), Dec. 12, 1989, 103 Stat. 1918.) ------DocID 17348 Document 302 of 463------ -CITE- 14 USC Sec. 693 -EXPCITE- TITLE 14 PART I CHAPTER 19 -HEAD- Sec. 693. Annual Report to Congress -STATUTE- (a) The Secretary shall submit to Congress a report each fiscal year describing the progress the Secretary has made during the preceding fiscal year in implementing this chapter. (b) Each report shall include: (1) A statement for each facility or vessel for which the Secretary is responsible under section 691(c) of this title where a release of a hazardous substance or pollutant has been identified. (2) The status of response actions contemplated or undertaken at each facility. (3) The specific cost estimates and budgetary proposals for response actions contemplated or undertaken at each facility. (4) The total amount required to clean up contamination at all identified facilities. -SOURCE- (Added Pub. L. 101-225, title II, Sec. 222(a), Dec. 12, 1989, 103 Stat. 1918.) ------DocID 17349 Document 303 of 463------ -CITE- 14 USC PART II -EXPCITE- TITLE 14 PART II -HEAD- PART II - COAST GUARD RESERVE AND AUXILIARY -MISC1- Chap. Sec. 21. Coast Guard Reserve 701 23. Coast Guard Auxiliary 821 25. General Provisions for Coast Guard Reserve and Auxiliary 891 AMENDMENTS 1986 - Pub. L. 99-640, Sec. 10(a)(2), Nov. 10, 1986, 100 Stat. 3549, substituted '701' for '751' in item for chapter 21. 1950 - Act Aug. 3, 1950, ch. 536, Sec. 34, 64 Stat. 408, substituted 'Sec.' for 'Page'. ------DocID 17350 Document 304 of 463------ -CITE- 14 USC CHAPTER 21 -EXPCITE- TITLE 14 PART II CHAPTER 21 -HEAD- CHAPTER 21 - COAST GUARD RESERVE -MISC1- SUBCHAPTER A GENERAL Sec. 701. Organization. 702. Authorized strength. 703. Coast Guard Reserve Boards. 704. Grades and ratings; military authority. 705. Benefits. 706. Temporary members of the Reserve; eligibility and compensation. 707. Temporary members of the Reserve; disability or death benefits. 708. Temporary members of the Reserve; certificate of honorable service. 709. Reserve student aviation pilots; reserve aviation pilots; appointments in commissioned grade. 710. Appointment or wartime promotion; retention of grade upon release from active duty. 711. Exclusiveness of service. 712. Active duty for emergency augmentation of regular forces. 713. Enlistment of members engaged in schooling. SUBCHAPTER B COMMISSIONED OFFICERS 720. Definitions. 721. Applicability of this subchapter. 722. Suspension of this subchapter in time of war or national emergency. 723. Effect of this subchapter on retirement and retired pay. 724. Authorized number of officers. 725. Precedence. 726. Running mates. 727. Constructive credit upon initial appointment. 728. Promotion of Reserve officers on active duty. 729. Promotion; recommendations of selection boards. 730. Selection boards; appointment. 731. Placement in promotion zone; consideration for promotion. 732. Eligibility for promotion. 733. Recommendation for promotion of an officer previously removed from an active status. 734. Qualifications for promotion. 735. Promotion; acceptance; oath of office. 736. Date of rank upon promotion; entitlement to pay. 737. Type of promotion; temporary. 738. Effect of removal by the President or failure of consent of the Senate. 739. Failure of selection for promotion. 740. Failure of selection and removal from active status. 741. Retention boards; removal from an active status to provide a flow of promotion. 742. Maximum ages for retention in an active status. 743. Rear admiral and rear admiral (lower half); maximum service in grade. 744. Appointment of a former Navy or Coast Guard officer. 745. Grade on entry upon active duty. 746. Recall of a retired officer; grade upon release. AMENDMENTS 1985 - Pub. L. 99-145, title V, Sec. 514(c)(3)(B), Nov. 8, 1985, 99 Stat. 629, substituted 'rear admiral (lower half)' for 'commodore' in item 743. 1983 - Pub. L. 97-417, Sec. 2(17)(B), Jan. 4, 1983, 96 Stat. 2087, inserted 'and commodore' after 'Rear admiral' in item 743. 1982 - Pub. L. 97-295, Sec. 2(22), Oct. 12, 1982, 96 Stat. 1303, inserted 'previously removed from an active status' in item 733. 1981 - Pub. L. 97-136, Sec. 6(c)(3), Dec. 29, 1981, 95 Stat. 1706, substituted 'Exclusiveness of service' for 'Exemption from military training and draft; exclusiveness of service' in item 711. 1980 - Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002, revised analysis generally by adding items 701 to 713 and 720 to 746, and by omitting items 751 to 765, undesignated center heading 'Commissioned Officers' following item 765, and items 770 to 798. 1974 - Pub. L. 93-283, Sec. 1(14), May 14, 1974, 88 Stat. 141, added items 765 and 796 to 798. 1972 - Pub. L. 92-479, Sec. 2, Oct. 9, 1972, 86 Stat. 795, added item 764. 1962 - Pub. L. 87-704, Sec. 1(b), Sept. 27, 1962, 76 Stat. 633, added item 763. Pub. L. 87-649, Sec. 7(d), Sept. 7, 1962, 76 Stat. 495, substituted 'Benefits' for 'Pay, allowances, and other benefits' in item 755. 1960 - Pub. L. 86-559, Sec. 2(4), June 30, 1960, 74 Stat. 281, added item 787a. 1958 - Pub. L. 85-861, Sec. 5(3), Sept. 2, 1958, 72 Stat. 1555, added heading 'Commissioned Officers' and items 770 to 795. 1956 - Act Aug. 10, 1956, ch. 1041, Sec. 15(b), 16(b), 70A Stat. 625, 626, added items 751a, 752a, 753a, 758a, and 759a. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 10 sections 1005, 1006. ------DocID 17351 Document 305 of 463------ -CITE- 14 USC SUBCHAPTER A -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A -HEAD- SUBCHAPTER A ------DocID 17352 Document 306 of 463------ -CITE- 14 USC General -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- General ------DocID 17353 Document 307 of 463------ -CITE- 14 USC Sec. 701 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 701. Organization -STATUTE- The Coast Guard Reserve is a component of the Coast Guard. It shall be organized, administered, trained, and supplied under the direction of the Commandant. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 751a of this title prior to the complete revision of this chapter by Pub. L. 96-322. WOMEN'S BRANCH OF THE COAST GUARD RESERVE Pub. L. 93-174, Sec. 3, Dec. 5, 1973, 87 Stat. 692, provided that: 'Effective upon enactment of this Act (Dec. 5, 1973), all members of the women's branch of the Coast Guard Reserve who were serving on active or inactive duty on the day before enactment shall become members of the Coast Guard Reserve without loss of grade, rate, date of rank, or other benefits earned by their prior service.' ------DocID 17354 Document 308 of 463------ -CITE- 14 USC Sec. 702 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 702. Authorized strength -STATUTE- (a) The President shall prescribe the authorized strength of the Coast Guard Reserve if not otherwise prescribed by law. (b) Subject to the authorized strength of the Coast Guard Reserve, the Secretary shall determine, at least annually, the authorized strength in numbers in each grade necessary to provide for mobilization requirements. Without the consent of the member concerned, a member of the reserve may not be reduced in grade because of the Secretary's determination. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 752a of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17355 Document 309 of 463------ -CITE- 14 USC Sec. 703 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 703. Coast Guard Reserve Boards -STATUTE- (a) The Secretary shall convene a Coast Guard Reserve Policy Board at least annually to consider, recommend, and report to the Secretary on reserve policy matters. At least one-half of the members of the Board shall be Reserve officers. (b) The Secretary may convene any other Reserve Board the Secretary considers necessary. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 753a of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17356 Document 310 of 463------ -CITE- 14 USC Sec. 704 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 704. Grades and ratings; military authority -STATUTE- The grades and ratings in the Reserve, including cadets but not grades above rear admiral, are those prescribed by law or regulation for the Coast Guard. A member of the Reserve on active duty or inactive-duty training has the same authority, rights, and privileges in the performance of that duty as a member of the Regular Coast Guard of corresponding grade or rating. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 754 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17357 Document 311 of 463------ -CITE- 14 USC Sec. 705 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 705. Benefits -STATUTE- (a) A member of the Reserve on active duty, on inactive-duty training, or engaged in authorized travel to or from that duty, is entitled to the same benefits as a member of the Naval Reserve of corresponding grade, rating, and length of service. In determining length of service for the purpose of this section, there shall be included all service for which credit is given by law to members of the Regular Coast Guard. (b) Chapter 13 of this title applies to a member of the Reserve under the same conditions and limitations as it applies to a member of the Regular Coast Guard. (c) A member of the Reserve who suffers sickness, disease, disability, or death is entitled to the same benefits as prescribed by law for a member of the Naval Reserve who suffers sickness, disease, disability, or death under similar conditions. (d) A member of the Reserve on active duty or when retired for disability is entitled to the benefits of section 253(a) of title 42. A member of the Reserve when on active duty (other than for training) or when retired for disability is entitled to the benefits of chapter 55 of title 10. (e) A member of the Reserve, except an enlisted member retiring on the basis of years of active service, is entitled to the same retirement rights, benefits, and privileges as prescribed by law for a member of the Naval Reserve, and wherever a law confers authority upon the Secretary of the Navy, similar authority is given to the Secretary to be exercised with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy. An enlisted member of the Reserve who retires on the basis of years of active service is entitled to the same retirement rights, benefits, and privileges as prescribed by law for an enlisted member of the Regular Coast Guard. (f) A member of the Coast Guard Reserve not on active duty who is enrolled in an officer candidate program authorized by section 600 of title 10 leading to a commission in the Coast Guard Reserve, and is a full-time student in an accredited college curriculum leading to a bachelor's degree may be paid a subsistence allowance for each month of the member's academic year at the same rate as that prescribed by section 209(a) of title 37. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003, and amended Pub. L. 97-417, Sec. 1, Jan. 4, 1983, 96 Stat. 2085.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 755 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1983 - Subsec. (f). Pub. L. 97-417 added subsec. (f). ------DocID 17358 Document 312 of 463------ -CITE- 14 USC Sec. 706 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 706. Temporary members of the Reserve; eligibility and compensation -STATUTE- A citizen of the United States, its territories, or possessions who is a member of the Auxiliary, an officer or member of the crew of a motorboat or yacht placed at the disposal of the Coast Guard, or a person (including a Government employee without pay other than the compensation of that person's civilian position) who by reason of special training and experience is considered by the Commandant to be qualified for duty, may be enrolled by the Commandant as a temporary member of the Reserve, for duty under conditions the Commandant may prescribe, including part-time and intermittent active duty with or without pay, without regard to age. The Commandant is authorized to define the powers and duties of temporary members of the Reserve, and to confer upon them, appropriate to their qualifications and experience, the same grades and ratings as provided for members of the Reserve. When performing active duty with pay as authorized by this section, temporary members of the reserve are entitled to receive the pay and allowances of their rank, grade, or rating. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1004.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 756 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17359 Document 313 of 463------ -CITE- 14 USC Sec. 707 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 707. Temporary members of the Reserve; disability or death benefits -STATUTE- (a) If a temporary member of the Reserve is physically injured, or dies as a result of physical injury, and the injury is incurred incident to service while performing active duty, or engaged in authorized travel to or from that duty, the law authorizing compensation for employees of the United States suffering injuries while in the performance of their duties, applies, subject to this section. That law shall be administered by the Secretary of Labor to the same extent as if the member was a civil employee of the United States and was injured in the performance of that duty. For benefit computation, regardless of pay or pay status, the member is considered to have had monthly pay of the monthly equivalent of the minimum rate of basic pay in effect for grade GS-9 of the General Schedule on the date the injury is incurred. (b) This section does not apply if the workmen's compensation law of a State, a territory, or another jurisdiction provides coverage because of a concurrent employment status of the temporary member. When the temporary member or a dependent is entitled to a benefit under this section and also to a concurrent benefit from the United States on account of the same disability or death, the temporary member or dependent, as appropriate, shall elect which benefit to receive. (c) If a claim is filed under this section with the Secretary of Labor for benefits because of an alleged injury or death, the Secretary of Labor shall notify the Commandant who shall direct an investigation into the facts surrounding the alleged injury or death. The Commandant shall then certify to the Secretary of Labor whether or not the injured or deceased person was a temporary member of the Reserve, the person's military status, and whether or not the injury or death was incurred incident to military service. (d) A temporary member of the Reserve, who incurs a physical disability or contracts sickness or disease while performing a duty to which the member has been assigned by competent authority, is entitled to the same hospital treatment afforded a member of the Regular Coast Guard. (e) In administering section 8133 of title 5, for a person covered by this section - (1) the percentages applicable to payments under that section are - (A) 45 percent under subsection (a)(2) of that section, where the member died fully or currently insured under title II of the Social Security Act (42 U.S.C. 401 et seq.), with no additional payments for a child or children so long as the widow or widower remains eligible for payments under that subsection; (B) 20 percent under subsection (a)(3) of that section, for one child, and 10 percent additional for each additional child, not to exceed a total of 75 percent, where the member died fully or currently insured under title II of the Social Security Act; and (C) 25 percent under subsection (a)(4) of that section, if one parent was wholly dependent for support upon the deceased member at the time of the member's death and the other was not dependent to any extent; 16 percent to each if both were wholly dependent; and if one was, or both were, partly dependent, a proportionate amount in the discretion of the Secretary of Labor; (2) payments may not be made under subsection (a)(5) of that section; and (3) the Secretary of Labor shall inform the Secretary of Health and Human Services whenever a claim is filed and eligibility for compensation is established under subsection (a)(2) or (a)(3) of section 8133 of title 5. The Secretary of Health and Human Services shall then certify to the Secretary of Labor whether or not the member concerned was fully or currently insured under title II of the Social Security Act at the time of the member's death. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1004, and amended Pub. L. 97-136, Sec. 8(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-295, Sec. 2(21), Oct. 12, 1982, 96 Stat. 1303.) -REFTEXT- REFERENCES IN TEXT The law authorizing compensation for employees of the United States, referred to in subsec. (a), appears in subchapter I (Sec. 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. The Social Security Act, referred to in subsec. (e)(1)(A), (B), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- PRIOR PROVISIONS Provisions similar to this section were contained in section 760 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1982 - Subsec. (e)(1). Pub. L. 97-295, Sec. 2(21)(A), substituted 'percent' for 'per centum' wherever appearing. Subsec. (e)(1)(A). Pub. L. 97-295, Sec. 2(21)(B), inserted '(42 U.S.C. 401 et seq.)' after 'Social Security Act'. 1981 - Subsec. (a). Pub. L. 97-136 substituted 'monthly pay of the monthly equivalent of the minimum rate of basic pay in effect for grade GS-9 of the General Schedule on the date the injury is incurred' for 'monthly pay of $600'. EFFECTIVE DATE OF 1981 AMENDMENT Section 8(b) of Pub. L. 97-136 provided that: 'The amendment made by subsection (a) (amending this section) shall apply only with respect to payments for benefits under section 707(a) of title 14, United States Code, for months beginning on or after the date of the enactment of this Act (Dec. 29, 1981).' ------DocID 17360 Document 314 of 463------ -CITE- 14 USC Sec. 708 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 708. Temporary members of the Reserve; certificate of honorable service -STATUTE- In recognition of the service of temporary members of the Reserve, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any person following disenrollment under honorable conditions from service as a temporary member. Issuance of a certificate of honorable service to any person under this section does not entitle that person to any rights, privileges, or benefits under any law of the United States. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1005.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 763 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17361 Document 315 of 463------ -CITE- 14 USC Sec. 709 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade -STATUTE- (a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot. (b) A member who is not a qualified aviator may not be designated as a student aviation pilot unless the member agrees in writing to serve on active duty for a period of two years after successful completion of flight training, unless sooner released. A student aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary. (c) A student aviation pilot who is a qualified civilian aviator may be given a brief refresher course in flight training. (d) A student aviation pilot undergoing flight training is entitled to have uniforms and equipment provided at Government expense. (e) Under regulations prescribed by the Secretary, a student aviation pilot may be designated an aviation pilot upon the successful completion of flight training. (f) In time of peace, an aviation pilot obligated under subsection (b) to serve on active duty for two years may serve for an additional period of not more than two years. (g) An aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary. (h) If qualified under regulations prescribed by the Secretary, an aviation pilot may be appointed as an ensign in the Reserve. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1005.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 758a of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17362 Document 316 of 463------ -CITE- 14 USC Sec. 710 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 710. Appointment or wartime promotion; retention of grade upon release from active duty -STATUTE- (a) A member of the Reserve on active duty, who is appointed or promoted under section 214 or 275 of this title, is entitled upon release from that duty to the highest grade satisfactorily held by reason of that appointment or promotion. The Secretary shall determine the highest grade satisfactorily held. (b) Unless otherwise entitled to a higher grade, a member recalled to active duty shall be recalled in the grade in which released under subsection (a). -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 759a of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17363 Document 317 of 463------ -CITE- 14 USC Sec. 711 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 711. Exclusiveness of service -STATUTE- No member of the Reserve, other than a temporary member, may be a member of another military organization. A temporary member of the Reserve who is a member of another military component shall, if ordered to active duty therein, be disenrolled as a temporary member of the Reserve. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006, and amended Pub. L. 97-136, Sec. 6(c)(1), (2), Dec. 29, 1981, 95 Stat. 1706.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 757 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1981 - Pub. L. 97-136 struck out provision that a member of the Reserve, other than a temporary member, is exempt from registration and liability for military training and service under any other law, and substituted 'Exclusiveness of service' for 'Exemption from military training and draft; exclusiveness of service' in section catchline. ------DocID 17364 Document 318 of 463------ -CITE- 14 USC Sec. 712 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 712. Active duty for emergency augmentation of regular forces -STATUTE- (a) Notwithstanding any other law, and for the emergency augmentation of the Regular Coast Guard forces during a time of serious natural or manmade disaster, accident, or catastrophe the Secretary may, subject to approval by the President and without the consent of the member affected, order to active duty of not more than fourteen days in any four-month period and not more than thirty days in any one-year period from the Coast Guard Ready Reserve an organized training unit, a member thereof, or a member not assigned to a unit organized to serve as a unit. (b) Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days. (c) Active duty served under this section - (1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of section 270 of title 10; (2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and (3) entitles a member while engaged therein, or while engaged in authorized travel to or from that duty, to all rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which the member would be entitled while performing other active duty. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 764 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17365 Document 319 of 463------ -CITE- 14 USC Sec. 713 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER A General -HEAD- Sec. 713. Enlistment of members engaged in schooling -STATUTE- The initial period of active duty for training required by section 511(d) of title 10, may be divided into two successive annual periods of not less than six weeks each, to permit the enlistment of a Reserve member without interrupting any full-time schooling in which the member is engaged. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 765 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17366 Document 320 of 463------ -CITE- 14 USC SUBCHAPTER B -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B -HEAD- SUBCHAPTER B ------DocID 17367 Document 321 of 463------ -CITE- 14 USC Commissioned Officers -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Commissioned Officers ------DocID 17368 Document 322 of 463------ -CITE- 14 USC Sec. 720 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 720. Definitions -STATUTE- As used in this subchapter - (1) 'Reserve officer' means a commissioned officer in the Reserve, except an officer excluded by section 721 of this title or a commissioned warrant officer; and (2) 'discharged' means released from an appointment as a Reserve officer. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 770 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17369 Document 323 of 463------ -CITE- 14 USC Sec. 721 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 721. Applicability of this subchapter -STATUTE- This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 771 of this title prior to the complete revision of this chapter by Pub. L. 96-322. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 720 of this title. ------DocID 17370 Document 324 of 463------ -CITE- 14 USC Sec. 722 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 722. Suspension of this subchapter in time of war or national emergency -STATUTE- In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 778 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17371 Document 325 of 463------ -CITE- 14 USC Sec. 723 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 723. Effect of this subchapter on retirement and retired pay -STATUTE- Except as provided in subsection 746(b) of this title, nothing in this subchapter authorizes the retirement of a Reserve officer or the payment of retired, retainer, or severance pay to a Reserve officer; or affects in any manner the law relating to the retirement of, or the granting of retired or retainer pay or other benefits to a Reserve officer. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 795 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17372 Document 326 of 463------ -CITE- 14 USC Sec. 724 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 724. Authorized number of officers -STATUTE- (a) The authorized number of officers in the Reserve in an active status is 5,000. The actual number of Reserve officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law. (b)(1) The authorized number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed in grade in the following percentages, respectively: captain, 1.5; commander, 7.0; lieutenant commander, 22.0; lieutenant, 37.0; and the combined grades of lieutenant (junior grade) and ensign, 32.5. When the actual number of Reserve officers in an active status in a grade is less than the number authorized, the difference may be applied to increase the authorized number in a lower grade. A Reserve officer may not be reduced in rank or grade solely because of a reduction in an authorized number as provided for in this subsection, or because an excess results directly from the operation of law. (2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear admiral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear admiral as necessary in order to meet planned mobilization requirements. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007, and amended Pub. L. 97-417, Sec. 2(12), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98-557, Sec. 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 772 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore' wherever appearing. 1984 - Subsec. (b). Pub. L. 98-557 designated existing provisions as par. (1), struck out provisions authorizing number of Reserve officers in an active status not on active duty in the combined grades of commodore and rear admiral as two, and added par. (2). 1983 - Subsec. (b). Pub. L. 97-417 substituted 'commodore' for 'rear admiral' and 'combined grades of commodore and real admiral' for 'grade of rear admiral'. ------DocID 17373 Document 327 of 463------ -CITE- 14 USC Sec. 725 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 725. Precedence -STATUTE- (a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the permanent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary. (b) Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officer's date of rank be changed due to the transfer. (c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1008.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 781 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17374 Document 328 of 463------ -CITE- 14 USC Sec. 726 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 726. Running mates -STATUTE- (a) The Secretary shall assign a running mate to each Reserve officer in an active status not on the active duty promotion list. The officer initially assigned as a running mate under this section shall be that officer on the active duty promotion list of the same grade who is next senior in precedence to the Reserve officer concerned. An officer who has twice failed of selection or who has been considered but has not been recommended for continuation under section 289 of this title shall not be assigned as a running mate under this section. (b) A Reserve officer in an active status not on the active duty promotion list shall be assigned a new running mate as follows: (1) If a previously assigned running mate is promoted from below the promotion zone, is removed from the active duty promotion list, suffers a loss of numbers, fails of selection, fails to qualify for promotion, or declines an appointment after being selected for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is next senior to the previous running mate and who is, or may become, eligible for consideration for promotion. If the previous running mate was on a list of selectees for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is on a list of selectees for promotion and who is next senior to the previous running mate. (2) If a Reserve officer suffers a loss of numbers, the new running mate shall be that officer on the active duty promotion list who, after the loss of numbers has been effected, is the running mate of the Reserve officer next senior to the Reserve officer concerned. (3) If a Reserve officer is considered for promotion and fails of selection, fails to qualify for promotion, declines an appointment after being selected for promotion, or has his or her name removed from a list of selectees for promotion, and that officer's running mate is promoted, the new running mate shall be that officer on the active duty promotion list, of the same grade, who, at the time the previous running mate was considered for promotion, was next senior to the previous running mate, was eligible for consideration for promotion, and whose name was not included on a list of selectees for promotion. (4) In a situation not expressly covered by this subsection, the Secretary may assign a new running mate as necessary to effect the intent of this section that inequitable changes of precedence do not occur. (c) A Reserve officer on the active duty promotion list shall, to the extent praticable and consistent with the limitations imposed by this section, be assigned as the running mate of all Reserve officers junior to the officer, who are in an active status not on the active duty promotion list, and who had a running mate in common with the officer just prior to the time the officer was placed on the active duty promotion list. (d) The Secretary may adjust, as necessary, the date of rank of a Reserve officer not on active duty so that the date will correspond with that of the running mate assigned to the officer in accordance with this section. If an overpayment of pay or allowances results from adjusting the date of rank, the overpayment is not subject to recoupment. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1008.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 782 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17375 Document 329 of 463------ -CITE- 14 USC Sec. 727 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 727. Constructive credit upon initial appointment -STATUTE- Under regulations prescribed by the Secretary, a person, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that person's experience, education, or other qualifications. For the purpose of this subchapter only, a person appointed for the purpose of assignment or designation as a law specialist in the reserve shall be credited with a minimum of three years service in an active status. A person holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1009.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 773 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17376 Document 330 of 463------ -CITE- 14 USC Sec. 728 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 728. Promotion of Reserve officers on active duty -STATUTE- (a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for promotion under chapter 11 of this title. If promoted while serving on active duty the officer shall be considered as having been promoted under this subchapter and shall be an extra number in the grade to which promoted for the purpose of grade distribution as prescribed in this subchapter. Upon release from active duty the officer shall be included in the grade distribution authorized by this subchapter. (b) Notwithstanding subsection (a) of this section, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for active duty, shall be promoted to that grade under chapter 11 of this title. (c) A Reserve officer who, at the time the officer is released from active duty, has been selected for promotion to the next higher grade under chapter 11 of this title, shall be promoted to that grade as though selected under this subchapter. (d) A failure of selection for promotion to the next higher grade occurring under this subchapter or under chapter 11 of this title shall count for all purposes. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1009.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 791 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17377 Document 331 of 463------ -CITE- 14 USC Sec. 729 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 729. Promotion; recommendations of selection boards -STATUTE- (a) Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board. (b) The Secretary shall convene selection boards from time to time to recommend Reserve officers for promotion to the next higher grade. A board may be convened to consider officers in one or more grades. (c) A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade: (1) those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and (2) those officers serving in the grade of ensign whom it considers to be fully qualified. (d) Before convening a selection board to recommend Reserve officers for promotion to a grade above lieutenant (junior grade), the Secretary shall determine the total number of Reserve officers to be selected for promotion to that grade. The number to be selected shall normally be equal to the number of vacancies existing in that grade, plus the number of vacancies anticipated over the next twelve months, minus the number of officers on the list of selectees for that grade. The Secretary may, however, prescribe regulations that provide for the establishment of promotion opportunity percentages for each grade to ensure that equitable promotion opportunities exist among successive groups of Reserve officers being considered for promotion. The number so determined may not cause the number of Reserve officers in an active status in a grade to exceed that authorized for the grade concerned. (e) The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) an officer shall have completed at least ten years commissioned service, of which the last five years shall have been served in the Coast Guard Reserve. (f) The provisions of section 260 of this title apply to boards convened under this section. The Secretary shall determine the procedure to be used by a selection board. (g) The report of a selection board shall be submitted to the Secretary for review and transmission to the President for approval. When an officier recommended by a board for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. (h) The recommendations of a selection board, as approved by the President, constitute a list of selectees from which the promotions of Reserve officers shall be made. An officer on a list of selectees remains thereon until promoted unless removed by the President under section 738 of this title. If an existing list of selectees has not been exhausted by the time a later list has been approved, all officers remaining on the older list shall be tendered appointments prior to those on the later list. (i) A Reserve officer whose name is on a list of selectees for promotion shall, unless that officer's promotion is lawfully withheld, be tendered an appointment in the next higher grade at the same time, or as soon thereafter as practicable, as that officer's running mate is tendered a similar appointment. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1010, and amended Pub. L. 97-417, Sec. 2(13), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 780 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1985 - Subsec. (e). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore' wherever appearing. 1983 - Subsec. (e). Pub. L. 97-417 substituted 'the grades of commodore and rear admiral' for 'the grade of rear admiral', and inserted 'for promotion to the grade of commodore' after 'consideration'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 738 of this title. ------DocID 17378 Document 332 of 463------ -CITE- 14 USC Sec. 730 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 730. Selection boards; appointment -STATUTE- (a) A selection board shall (1) be appointed and convened by the Secretary; (2) consist of at least 50 per centum Reserve officer membership, except in the case of a flag officer selection board where, to the extent practicable, it shall consist of at least 50 per centum Reserve officer membership; (3) consist only of members, Reserve or Regular, senior in grade to any officer being considered by that board; and (4) be composed of not less than five members, which number constitutes a quorum. (b) A selection board serves for the length of time prescribed by the Secretary, but no board may serve longer than one year. No officer may serve on two consecutive selection boards for the same grade when the second of those boards considers an officer who was considered, but not recommended for promotion, by the first selection board. (c) Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness required of officers and the efficiency of the Coast Guard, perform the duties imposed upon him. Not less than a majority of the total membership of a selection board shall concur in each recommendation made by the board. (d) An officer eligible for consideration for promotion by a selection board may forward, through official channels, a written communication inviting the attention of the board to any matter in the officer's record in the armed forces that, in the opinion of the officer concerned, is important to the board's consideration. A communication forwarded under this subsection shall arrive in time to allow delivery to the board prior to its convening, and may not criticize or reflect upon the character, conduct, or motive of any officer. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 775 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17379 Document 333 of 463------ -CITE- 14 USC Sec. 731 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 731. Placement in promotion zone; consideration for promotion -STATUTE- Subject to the eligibility requirements of this subchapter, a Reserve officer shall be placed in a promotion zone when that officer's running mate is placed in a promotion zone and shall, in accordance with the provisions of this subchapter, be considered for promotion at approximately the same time as that officer's running mate or as soon thereafter as practicable. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 783 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17380 Document 334 of 463------ -CITE- 14 USC Sec. 732 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 732. Eligibility for promotion -STATUTE- A Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status. A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 741(a) of this title, is not eligible for consideration for promotion. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 774 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17381 Document 335 of 463------ -CITE- 14 USC Sec. 733 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 733. Recommendation for promotion of an officer previously removed from an active status -STATUTE- A Reserve officer recommended for promotion by a selection board but not promoted because of removal from an active status shall be reconsidered by a selection board after returning to an active status and if selected shall be placed on a recommended list of selectees for promotion. A Reserve officer to whom this section applies is not considered to have failed of selection when eliminated from a list of selectees for promotion solely as a result of being removed from an active status. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 777 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17382 Document 336 of 463------ -CITE- 14 USC Sec. 734 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 734. Qualifications for promotion -STATUTE- (a) A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physically qualified and the character of the officer's service subsequent to the convening of the selection board which recommended the officer for promotion has been verified as satisfactory. (b) Subsection (a) of this section does not exclude from promotion a Reserve officer physically disqualified by a medical board for duty at sea or in the field, if the disqualification results from wounds received in the line of duty, and those wounds do not incapacitate the officer for other duties in the grade to which the officer is to be promoted. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 786 of this title prior to the complete revision of this chapter by Pub. L. 96-322. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 736 of this title. ------DocID 17383 Document 337 of 463------ -CITE- 14 USC Sec. 735 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 735. Promotion; acceptance; oath of office -STATUTE- (a) A Reserve officer who has been appointed under this subchapter is considered to have accepted the appointment unless delivery thereof cannot be effected. (b) A Reserve officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5, is not required to take a new oath of office upon appointment in a higher grade. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 797 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17384 Document 338 of 463------ -CITE- 14 USC Sec. 736 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 736. Date of rank upon promotion; entitlement to pay -STATUTE- (a) When a Reserve officer is promoted to the next higher grade under this subchapter, the same date of rank shall be assigned as that assigned to the officer's running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officer's appointment thereto. (b) Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of rear admiral (lower half) is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade. (c) For the purposes of subsection (a) of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment - (1) if a delay in the finding required under section 734(a) of this title is beyond the control of the officer and the officer is otherwise qualified for promotion; or (2) for any other reason that equity requires. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012, and amended Pub. L. 97-417, Sec. 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101-225, title II, Sec. 203(4), Dec. 12, 1989, 103 Stat. 1911.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 784 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-225 inserted provision authorizing Secretary to adjust date of appointment. 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsec. (b). Pub. L. 97-417 substituted provision that, notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade, for provision that, notwithstanding any other law and when a Reserve officer's running mate was so entitled, a Reserve officer in the grade of rear admiral was entitled to the pay and allowances of the upper half for duty performed. ------DocID 17385 Document 339 of 463------ -CITE- 14 USC Sec. 737 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 737. Type of promotion; temporary -STATUTE- Notwithstanding any other law, if a Reserve officer is promoted when the officer's running mate is promoted and the promotion of the running mate is on a temporary basis, the promotion of the Reserve officer is also on a temporary basis. If subsequently the running mate is reverted to a lower grade, other than for reasons of discipline, incompetence, or at the running mate's request, the Reserve officer shall likewise revert to the same lower grade with corresponding precedence. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 790 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17386 Document 340 of 463------ -CITE- 14 USC Sec. 738 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 738. Effect of removal by the President or failure of consent of the Senate -STATUTE- (a) The President may, for cause, remove the name of any officer from a list of selectees established under section 729 of this title. (b) If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under section 729 of this title, that officer's name shall be removed from the list. (c) An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer's name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer's name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 788 of this title prior to the complete revision of this chapter by Pub. L. 96-322. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 729 of this title. ------DocID 17387 Document 341 of 463------ -CITE- 14 USC Sec. 739 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 739. Failure of selection for promotion -STATUTE- (a) A Reserve officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officer's grade, fails of selection if not selected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officer's name is thereafter removed from the report of the board by the President. (b) A Reserve officer is not considered to have failed of selection if the officer was not considered by a selection board because of administrative error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 796 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17388 Document 342 of 463------ -CITE- 14 USC Sec. 740 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 740. Failure of selection and removal from an active status -STATUTE- (a) The Secretary - (1) may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and (2) shall remove from an active status a Reserve officer serving in the grade of captain who has completed thirty years of total commissioned service and whose name is not carried on an approved list of selectees for promotion to the grade of rear admiral (lower half). (b) A Reserve officer who has twice failed of selection to the next higher grade and who is not removed from an active status under subsection (a)(1) of this section shall be retained for the period prescribed by the Secretary. (c) Subject to section 1006 of title 10, a Reserve officer who is removed from an active status under subsection (a) of this section shall be given an opportunity to transfer to the Retired Reserve, if qualified, but unless so transferred shall, in the discretion of the Secretary, be transferred to the inactive status list or discharged as follows: (1) if removed from an active status under subsection (a)(1) of this section, on June 30 next following the approval date of the board report by virtue of which the officer's second failure of selection occurs; or (2) if removed from an active status under subsection (a)(2) of this section, on June 30 next following the date on which the officer completes thirty years of total commissioned service as computed under this section. (d) For the purpose of this section, the total commissioned service of an officer who has served continuously in the Reserve following appointment in the grade of ensign shall be computed from the date on which that appointment was accepted. A Reserve officer initially appointed in a grade above ensign is considered to have the actual total commissioned service performed in a grade above commissioned warrant officer or the same total commissioned service as an officer of the Regular Coast Guard who has served continuously from an original appointment as ensign, who has not lost numbers or precedence, and who is, or was, junior to the Reserve officer, whichever is greater. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013, and amended Pub. L. 97-417, Sec. 2(15), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 787 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1985 - Subsec. (a)(2). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsec. (a)(2). Pub. L. 97-417 substituted 'commodore' for 'rear admiral'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 1006. ------DocID 17389 Document 343 of 463------ -CITE- 14 USC Sec. 741 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 741. Retention boards; removal from an active status to provide a flow of promotion -STATUTE- (a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement and are not on active duty and not on an approved list of selectees for promotion to the next higher grade. The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status. This board shall - (1) to the extent practicable, consist of at least 50 per centum Reserve officers; (2) consist only of officers who are senior in rank to any officers being considered by that board; and (3) to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade. (b) Subject to section 1006 of title 10, a Reserve officer who is not recommended for retention in an active status under this section shall be given an opportunity to transfer to the Retired Reserve, if qualified, but unless so transferred shall, in the discretion of the Secretary, be transferred to the inactive status list or discharged on June 30 next following the date on which the report of the retention board is approved. (c) The provisions of section 260 of this title shall, to the extent that they are not inconsistent with this subchapter, apply to boards convened under this section. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1014, and amended Pub. L. 101-225, title II, Sec. 203(5), Dec. 12, 1989, 103 Stat. 1911.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 787a of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-225 inserted 'who have 18 years or more of service for retirement and are' before 'not on active duty'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 732 of this title. ------DocID 17390 Document 344 of 463------ -CITE- 14 USC Sec. 742 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 742. Maximum ages for retention in an active status -STATUTE- (a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes sixty-two years of age. (b) Notwithstanding subsection (a) of this section, the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes sixty-four years of age. (c) Except as provided for in subsections (a) and (b) of this section, a Reserve officer shall be discharged effective upon the day the officer becomes sixty-two years of age. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1014, and amended Pub. L. 97-417, Sec. 2(16), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 789 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-145 substituted 'rear admiral (lower half)' for 'commodore'. 1983 - Subsec. (b). Pub. L. 97-417 inserted 'or commodore' after 'rear admiral'. ------DocID 17391 Document 345 of 463------ -CITE- 14 USC Sec. 743 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 743. Rear admiral and rear admiral (lower half); maximum service in grade -STATUTE- Unless retained in or removed from an active status under any other law, a Reserve rear admiral or rear admiral (lower half) shall be removed from an active status on the day that officer completes four years combined service in the grades of rear admiral and rear admiral (lower half). -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015, and amended Pub. L. 97-417, Sec. 2(17)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, title V, Sec. 514(c)(1), (3)(A), Nov. 8, 1985, 99 Stat. 629.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 798 of this title prior to the complete revision of this chapter by Pub. L. 96-322. AMENDMENTS 1985 - Pub. L. 99-145 substituted references to 'rear admiral (lower half)' for 'commodore' in section catchline and two places in text. 1983 - Pub. L. 97-417 inserted reference to 'commodore' in section catchline and text. ------DocID 17392 Document 346 of 463------ -CITE- 14 USC Sec. 744 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 744. Appointment of a former Navy or Coast Guard officer -STATUTE- A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officer's Regular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date or rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 792 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17393 Document 347 of 463------ -CITE- 14 USC Sec. 745 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 745. Grade on entry upon active duty -STATUTE- A Reserve officer ordered to active duty or active duty for training shall be ordered in the grade held; except that the Secretary may authorize a higher grade. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 776 of this title prior to the complete revision of this chapter by Pub. L. 96-322. ------DocID 17394 Document 348 of 463------ -CITE- 14 USC Sec. 746 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- Sec. 746. Recall of a retired officer; grade upon release -STATUTE- (a) When an officer in the Retired Reserve or an officer on a Reserve retired list is recalled to active duty, that officer shall be recalled in a manner similar to the recall of a Regular retired officer. (b) An officer in the Retired Reserve or an officer on a Reserve retired list recalled to active duty shall upon release therefrom be advanced in the Retired Reserve or on the Reserve retired list to the highest grade held on active duty, if: (1) appointed to a higher grade while on that duty, and (2) the officer's performance has been satisfactory in the higher grade. -SOURCE- (Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in section 793 of this title prior to the complete revision of this chapter by Pub. L. 96-322. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 723 of this title. ------DocID 17395 Document 349 of 463------ -CITE- 14 USC Sec. 751 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 751. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66 Stat. 505) -MISC1- Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 551; Aug. 3, 1950, ch. 536, Sec. 31, 64 Stat. 408, related to the purpose and administration of the Reserve. EFFECTIVE DATE OF REPEAL Repeal effective on first day of sixth month following July 1952, see section 802 of act July 9, 1952. ------DocID 17396 Document 350 of 463------ -CITE- 14 USC Sec. 751a -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 751a. Omitted) -COD- CODIFICATION Section, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A Stat. 624, provided for the organization of the Coast Guard Reserve and was omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. See section 701 of this section. -MISC3- WOMEN'S BRANCH OF THE COAST GUARD RESERVE Section 3 of Pub. L. 93-174, Dec. 5, 1973, 87 Stat. 692, provided that: 'Effective upon enactment of this Act (Dec. 5, 1973), all members of the women's branch of the Coast Guard Reserve who were serving on active or inactive duty on the day before enactment shall become members of the Coast Guard Reserve without loss of grade, rate, date of rank, or other benefits earned by their prior service.' ------DocID 17397 Document 351 of 463------ -CITE- 14 USC Sec. 752 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 752. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66 Stat. 505) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to eligibility. EFFECTIVE DATE OF REPEAL Repeal effective on first day of sixth month following July 1952, see section 802 of act July 9, 1952. ------DocID 17398 Document 352 of 463------ -CITE- 14 USC Sec. 752a -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 752a. Omitted) -COD- CODIFICATION Section, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A Stat. 625, related to the authorized strength of the Coast Guard Reserve and was omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. See Section 702 of this title. ------DocID 17399 Document 353 of 463------ -CITE- 14 USC Sec. 753 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 753. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66 Stat. 505) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to term of appointment, duty, and training. EFFECTIVE DATE OF REPEAL Repeal effective on first day of sixth month following July 1952, see section 802 of act July 9, 1952. ------DocID 17400 Document 354 of 463------ -CITE- 14 USC Sec. 753a to 757 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 753a to 757. Omitted) -COD- CODIFICATION Sections were omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. Section 753a, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A Stat. 625, related to the Coast Guard Reserve Policy Board. See section 703 of this title. Section 754, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to grades and ratings and military authority. See section 704 of this title. Section 755, acts Aug. 4, 1949, ch. 393, 63 Stat. 551; Aug. 3, 1950, ch. 536, Sec. 32, 64 Stat. 408; Aug. 16, 1957, Pub. L. 85-149, 71 Stat. 369; Sept. 7, 1962, Pub. L. 87-649, Sec. 7(a), 76 Stat. 495; Sept. 25, 1965, Pub. L. 89-200, 79 Stat. 834; June 9, 1966, Pub. L. 89-444, Sec. 1(23), 80 Stat. 197; Dec. 5, 1973, Pub. L. 93-174, Sec. 2(1), 87 Stat. 692, related to benefits. See section 705 of this title. Section 756, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to temporary membership. See section 706 of this title. Section 757, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to exemption from military training and the draft. See section 711 of this title. ------DocID 17401 Document 355 of 463------ -CITE- 14 USC Sec. 758 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 758. Repealed. May 5, 1950, ch. 169, Sec. 14(u), 64 Stat. 148) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to discipline. See the Uniform Code of Military Justice, section 801 et seq. of Title 10, Armed Forces. ------DocID 17402 Document 356 of 463------ -CITE- 14 USC Sec. 758a -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 758a. Omitted) -COD- CODIFICATION Section, added act Aug. 10, 1956, ch. 1041, Sec. 16(a), 70A Stat. 625, and amended Sept. 7, 1962, Pub. L. 87-649, Sec. 14d(6), 76 Stat. 502, related to reserve student aviation pilots and was omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. See section 709 of this title. ------DocID 17403 Document 357 of 463------ -CITE- 14 USC Sec. 759 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 759. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66 Stat. 505) -MISC1- Section, act Aug. 4, 1949, ch. 393, 63 Stat. 553, related to uniform allowance. EFFECTIVE DATE OF REPEAL Repeal effective on first day of sixth month following July 1952, see section 802 of act July 9, 1950. ------DocID 17404 Document 358 of 463------ -CITE- 14 USC Sec. 759a to 761 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 759a to 761. Omitted) -COD- CODIFICATION Sections were omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. Section 759a, added act Aug. 10, 1956, ch. 1041, Sec. 16(a), 70A Stat. 626, and amended Sept. 24, 1963, Pub. L. 88-130, Sec. 1(12), 77 Stat. 190, related to wartime appointments and promotions. See section 710 of this title. Section 760, acts Aug. 4, 1949, ch. 393, 63 Stat. 553; Oct. 31, 1951, ch. 655, Sec. 15, 65 Stat. 715; Aug. 3, 1956, ch. 926, Sec. 2(a), 70 Stat. 981; May 14, 1974, Pub. L. 93-283, Sec. 1(12), 88 Stat. 141, related to disability or death benefits for temporary members. See section 707 of this title. Section 2(b) of act Aug. 3, 1956, provided that the amendments made by that section (amending subsec. (a) and adding subsec. (e) of section 760) applied only to benefits for months beginning after the month in which it was enacted (August, 1956). Section 2(c) of act Aug. 3, 1956, provided that the entitlement of any person to benefits under the Federal Employees' Compensation Act (act Sept. 7, 1916, ch. 458, 39 Stat. 742, repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, see section 8101 et seq. of Title 5, Government Organization and Employees) as it was in effect before the enactment of this section (Aug. 3, 1956) was not affected by this section. Section 761, act Aug. 4, 1949, ch. 393, 63 Stat. 554, related to members of the Reserve engaging in civil occupations. ------DocID 17405 Document 359 of 463------ -CITE- 14 USC Sec. 762 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 762. Repealed. Pub. L. 93-174, Sec. 2(2), Dec. 5, 1973, 87 Stat. 692) -MISC1- Section, acts Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 554; Aug. 10, 1956, ch. 1041, Sec. 17, 70A Stat. 626; Sept. 18, 1970, Pub. L. 91-402, Sec. 1(1), 84 Stat. 838, related to Women's Reserve. ------DocID 17406 Document 360 of 463------ -CITE- 14 USC Sec. 763 to 765 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 763 to 765. Omitted) -COD- CODIFICATION Sections were omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. Section 763, added Pub. L. 87-704, Sec. 1(a), Sept. 27, 1962, 76 Stat. 632, related to a certificate of honorable service of temporary members. See section 708 of this title. Section 764, added Pub. L. 92-479, Sec. 1, Oct. 9, 1972, 86 Stat. 794, related to active duty for emergency augmentation of regular forces. See section 712 of this title. Section 765, added Pub. L. 93-283, Sec. 1(13), May 14, 1974, 88 Stat. 141, related to enlistment of members engaged in schooling. See section 713 of this title. ------DocID 17407 Document 361 of 463------ -CITE- 14 USC Sec. 770 to 798 -EXPCITE- TITLE 14 PART II CHAPTER 21 SUBCHAPTER B Commissioned Officers -HEAD- (Sec. 770 to 798. Omitted) -COD- CODIFICATION Sections were omitted in the general revision of this chapter by Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. Similar provisions are now set out in section 720 et seq. of this title. Section 770, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1547, and amended Pub. L. 91-402, Sec. 1(2), Sept. 18, 1970, 84 Stat. 839, defined terms. See section 720 of this title. Section 2 of Pub. L. 91-402 provided that Reserve officers in each grade who were recommended as qualified for promotion under laws and regulations in effect the day before the effective date of that Act (Sept. 18, 1970) but not promoted to the grade for which recommended, be placed on a list in order of precedence, and promoted as if selected for promotion in the approved report of a selection board convened under the provisions of title 14, as amended by that Act (enacting sections 796 to 798 and amending sections 762, 770, 772, 774, 775, 780 to 782, 784, 787, 790, and 791 of this title), that Reserve officers who failed of selection for promotion to the next higher grade under laws and regulations in effect the day before the effective date of that Act be deemed to have failed of selection for promotion to the next higher grade under the provisions of title 14 as amended by that Act, and that the enactment of that Act did not terminate the appointment of any officer. Section 771, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1548, and amended Pub. L. 89-444, Sec. 1(24), June 9, 1966, 80 Stat. 197; Pub. L. 93-174, Sec. 2(3), Dec. 5, 1973, 87 Stat. 692, related to applicability of sections 770 to 798 of this title. See section 721 of this title. Section 772, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1548, and amended Pub. L. 86-559, Sec. 2(1), June 30, 1960, 74 Stat. 280; Pub. L. 91-402, Sec. 1(3), Sept. 18, 1970, 84 Stat. 839, related to authorized number of officers. See section 724 of this title. Section 773, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1548, and amended Pub. L. 86-559, Sec. 2(2), June 30, 1960, 74 Stat. 281, related to constructive credit upon initial appointment. See section 727 of this title. Section 774, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1549, and amended Pub. L. 91-402, Sec. 1(4), Sept. 18, 1970, 84 Stat. 839, related to eligibility for promotion and retention in active status. See section 732 of this title. Section 775, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1549, and amended Pub. L. 91-402, Sec. 1(5), Sept. 18, 1970, 84 Stat. 839; Pub. L. 93-174, Sec. 2(4), Dec. 5, 1973, 87 Stat. 692, related to appointment of selection boards. See section 730 of this title. Section 776, added Pub. L. 85-861, Sec. 1, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1549, related to Reserve officer's grade on entry upon active duty. See section 745 of this title. Section 777, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1549, related to recommendations for promotion of officers previously removed from active status. See section 733 of this title. Section 778, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1550, related to suspension of sections 770 to 798 of this title in war or national emergency. See section 722 of this title. Section 779, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1550, related to sea or foreign service requirements. Section 780, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1550, and amended Pub. L. 91-402, Sec. 1(6), Sept. 18, 1970, 84 Stat. 839; Pub. L. 93-174, Sec. 2(5), (6), Dec. 5, 1973, 87 Stat. 692, related to recommendations of selection boards. See section 729 of this title. Section 781, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1551, and amended Pub. L. 91-402, Sec. 1(7), Sept. 18, 1970, 84 Stat. 840, related to precedence in grades of officers. See section 725 of this title. Section 782, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1551, and amended Pub. L. 91-402, Sec. 1(8), Sept. 18, 1970, 84 Stat. 840, related to running mates. See section 726 of this title. Section 783, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1552, related to promotion zones. See section 731 of this title. Section 784, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1552, and amended Pub. L. 91-402, Sec. 1(9), Sept. 18, 1970, 84 Stat. 841, related to date of rank upon promotion. See section 736 of this title. Section 785, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1552, related to limitations on consideration for promotion. Section 786, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1552, related to qualifications for promotion. See section 734 of this title. Section 787, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1552, and amended Pub. L. 91-402, Sec. 1(10), Sept. 18, 1970, 84 Stat. 841; Pub. L. 93-174, Sec. 2(7), Dec. 5, 1973, 87 Stat. 692, related to failure of selection and elimination. See section 740 of this title. Section 787a, added Pub. L. 86-559, Sec. 2(3), June 30, 1960, 74 Stat. 281, provided for elimination from active status of excessive numbers to provide a flow of promotions. See section 741 of this title. Section 788, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1553, related to effect of removal by President or failure of consent of Senate. See section 738 of this title. Section 789, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1553, related to maximum ages for retention in active status. See section 742 of this title. Section 790, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1554, and amended Pub. L. 91-402, Sec. 1(11), Sept. 18, 1970, 84 Stat. 841, related to types of promotion. See section 737 of this title. Section 791, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1554, and amended Pub. L. 88-130, Sec. 1(13), Sept. 24, 1963, 77 Stat. 190; Pub. L. 91-402, Sec. 1(12), Sept. 18, 1970, 84 Stat. 842, related to promotion of officers on active duty. See section 728 of this title. Section 792, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1554, related to appointment of former Navy and Coast Guard officers. See section 744 of this title. Section 793, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1554, related to grades upon relief of retired officers. See section 746 of this title. Section 794, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1554, authorized Secretary to promulgate regulations. See section 633 of this title. Section 795, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72 Stat. 1555, related to effect of sections 770 to 798 of this title on retirements and retired pay. See section 723 of this title. Section 796, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84 Stat. 842, and amended Pub. L. 93-174, Sec. 2(8), Dec. 5, 1973, 87 Stat. 692, related to failure of selection for promotion. See section 739 of this title. Section 797, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84 Stat. 842, related to acceptance of promotion and oath of office. See section 735 of this title. Section 798, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84 Stat. 843, related to maximum service in grade of rear admiral. See section 743 of this title. ------DocID 17408 Document 362 of 463------ -CITE- 14 USC CHAPTER 23 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- CHAPTER 23 - COAST GUARD AUXILIARY -MISC1- Sec. 821. Administration. 822. Purpose. 823. Eligibility, enrollments. 824. Disenrollment. 825. Membership in other organizations. 826. Use of member's facilities. 827. Vessel deemed public vessel. 828. Aircraft deemed public aircraft. 829. Radio station deemed government station. 830. Availability of appropriations. 831. Assignment and performance of duties. 832. Injury or death in line of duty. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 13109. ------DocID 17409 Document 363 of 463------ -CITE- 14 USC Sec. 821 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 821. Administration -STATUTE- The Coast Guard Auxiliary established on February 19, 1941, is a nonmilitary organization administered by the Commandant under the direction of the Secretary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 260, 263 (Feb. 19, 1941, ch. 8, title I, Sec. 1, 4, 55 Stat. 9, 10). This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its administration. 81st Congress, House Report No. 557. USE OF COAST GUARD AUXILIARY Pub. L. 99-640, Sec. 9, Nov. 10, 1986, 100 Stat. 3548, provided that: '(a) It is the sense of the Congress that the Coast Guard Auxiliary performs a broad range of services in behalf of the safety and security of the American people, and that the continued strength and vitality of the Coast Guard Auxiliary is important to the United States. '(b)(1) The Secretary of Transportation shall investigate and submit to the Congress a report within 1 year after the date of enactment of this Act (Nov. 10, 1986) regarding - '(A) the extent to which membership of the Coast Guard Auxiliary has declined in recent years and the causes of such decline; '(B) the effect, if any, on the maritime community of any such decline in the performance levels of the Coast Guard Auxiliary in the areas of life-saving, assistance to persons in distress, safety patrols and inspections, and support missions for the Coast Guard; and '(C) the effect, if any, of the Coast Guard's non-emergency assistance policy on the overall effectiveness of the Coast Guard Auxiliary. '(2) The report submitted by the Secretary under this section shall include such recommendations for legislative and administrative action as the Secretary considers appropriate to achieve and maintain the Coast Guard Auxiliary at its optimum strength.' -CROSS- CROSS REFERENCES Commandant - Delegation of powers by Secretary, see section 631 of this title. Powers in general, see section 93 of this title. Secretary - Powers in general, see section 92 of this title. Supervision of commandant's execution of powers and functions, see section 632 of this title. ------DocID 17410 Document 364 of 463------ -CITE- 14 USC Sec. 822 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 822. Purpose -STATUTE- The purpose of the Auxiliary is to assist the Coast Guard: (a) to promote safety and to effect rescues on and over the high seas and on navigable waters; (b) to promote efficiency in the operation of motorboats and yachts; (c) to foster a wider knowledge of, and better compliance with, the laws, rules, and regulations governing the operation of motorboats and yachts; and (d) to facilitate other operations of the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 261 (Feb. 19, 1941, ch. 8, title I, Sec. 2, 55 Stat. 9; Sept. 30, 1944, ch. 453, Sec. 1, 58 Stat. 759). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17411 Document 365 of 463------ -CITE- 14 USC Sec. 823 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 823. Eligibility, enrollments -STATUTE- The Auxiliary shall be composed of citizens of the United States and its territories and possessions, who are owners, sole or part, of motorboats, yachts, aircraft, or radio stations or who by reason of their special training or experience are deemed by the Commandant to be qualified for duty in the Auxiliary, and who may be enrolled therein pursuant to applicable regulations. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 262, 351 (Feb. 19, 1941, ch. 8, title I, Sec. 3, title III, Sec. 301, 55 Stat. 9, 13; Oct. 26, 1942, ch. 628, 56 Stat. 990; Sept. 30, 1944, ch. 453, Sec. 2, 58 Stat. 760). All reference to the Philippine Islands is eliminated. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17412 Document 366 of 463------ -CITE- 14 USC Sec. 824 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 824. Disenrollment -STATUTE- Members of the Auxiliary may be disenrolled pursuant to applicable regulations. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Experience has shown that it is desirable to have a statute definitely providing for separation of Auxiliarists from the organization. 81st Congress, House Report No. 557. ------DocID 17413 Document 367 of 463------ -CITE- 14 USC Sec. 825 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 825. Membership in other organizations -STATUTE- Members of the Auxiliary may be appointed or enlisted in the Reserve, pursuant to applicable regulations, and membership in the Auxiliary shall not be a bar to membership in any other naval or military organization. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 264 (Feb. 19, 1941, ch. 8, title I, Sec. 5, 55 Stat. 10). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17414 Document 368 of 463------ -CITE- 14 USC Sec. 826 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 826. Use of member's facilities -STATUTE- The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555; Aug. 3, 1950, ch. 536, Sec. 35, 64 Stat. 408.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 265 (Feb. 19, 1941, ch. 8, title I, Sec. 6, 55 Stat. 10; Nov. 23, 1942, ch. 639, Sec. 2(1), 56 Stat. 1021; Sept. 30, 1944, ch. 453, Sec. 3, 58 Stat. 760). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1950 - Act Aug. 3, 1950, struck out comma after 'Secretary' and substituted 'any' for 'and' after 'Secretary'. ------DocID 17415 Document 369 of 463------ -CITE- 14 USC Sec. 827 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 827. Vessel deemed public vessel -STATUTE- Any motorboat or yacht, while assigned to authorized Coast Guard duty shall be deemed to be a public vessel of the United States, and within the meaning of section 646 of this title shall be deemed to be a vessel of the Coast Guard. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 266 (Feb. 19, 1941, ch. 8, title I, Sec. 7, 55 Stat. 10). Changes were made in phraseology. 81st Congress, House Report No. 557. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 2110. ------DocID 17416 Document 370 of 463------ -CITE- 14 USC Sec. 828 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 828. Aircraft deemed public aircraft -STATUTE- Any aircraft, while assigned to authorized Coast Guard duty shall be deemed to be a vessel of the Coast Guard within the meaning of section 646 of this title. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 556.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 266a (Feb. 19, 1941, ch. 8, title I, Sec. 7A, as added Sept. 30, 1944, ch. 453, Sec. 4, 58 Stat. 760). The last clause of said section is eliminated because it might be construed to exempt planes of members from being licensed according to law. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17417 Document 371 of 463------ -CITE- 14 USC Sec. 829 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 829. Radio station deemed government station -STATUTE- Any radio station, while assigned to authorized Coast Guard duty shall be deemed to be a radio station of the Coast Guard and a 'government station' within the meaning of section 305 of the Communications Act of 1934 (47 U.S.C. 305). -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 556; Oct. 18, 1976, Pub. L. 94-546, Sec. 1(38), 90 Stat. 2522; Nov. 10, 1986, Pub. L. 99-640, Sec. 10(a)(8), 100 Stat. 3549.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 266b (Feb. 19, 1941, ch. 8, title I, Sec. 7B, as added Sept. 30, 1944, ch. 453, Sec. 4, 58 Stat. 760). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-640 substituted 'section' for 'Section'. 1976 - Pub. L. 94-546 substituted 'Section 305 of the Communications Act of 1934 (47 U.S.C. 305)' for 'chapter 5, of Title 47'. ------DocID 17418 Document 372 of 463------ -CITE- 14 USC Sec. 830 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 830. Availability of appropriations -STATUTE- (a) Appropriations of the Coast Guard shall be available for the payment of actual necessary traveling expense and subsistence, or commutation of ration allowance in lieu of subsistence, of members of the Auxiliary assigned to authorized specific duties and for actual necessary expenses of operation of any motorboat, yacht, aircraft, or radio station when assigned to Coast Guard duty, but shall not be available for the payment of compensation for personal services, incident to such operation, other than to personnel of the Coast Guard or the Reserve. The term 'actual necessary expenses of operation,' as used in this section, shall include payment for fuel, oil, power, water, supplies, provisions, replacement or repair of equipment, repair of any damaged motorboat, yacht, aircraft, or radio station and for the constructive or actual loss of any motorboat, yacht, aircraft, or radio station where it is determined, under applicable regulations, that responsibility for the loss or damage necessitating such replacement or repair of equipment, or for the damage or loss, constructive or actual, of such motorboat, yacht, aircraft, or radio station rests with the Coast Guard. (b) The Secretary may pay interest on a claim under this section in any case in which a payment authorized under this section is not made within 60 days after the submission of the claim in a manner prescribed by the Secretary. The rate of interest for purposes of this section shall be the annual rate established under section 6621 of the Internal Revenue Code of 1954. (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 556; Nov. 10, 1986, Pub. L. 99-640, Sec. 8, 100 Stat. 3548.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 267 (Feb. 19, 1941, ch. 8, title I, Sec. 8, 55 Stat. 10; June 6, 1942, ch. 385, Sec. 1(1), 56 Stat. 329; Sept. 30, 1944, ch. 449, Sec. 2, 58 Stat. 757; Sept. 30, 1944, ch. 453, Sec. 5, 58 Stat. 760). Changes were made in phraseology. 81st Congress, House Report No. 557. -REFTEXT- REFERENCES IN TEXT Section 6621 of the Internal Revenue Code of 1954, referred to in subsec. (b), was redesignated section 6621 of the Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to section 6621 of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 1986 - Pub. L. 99-640 designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 17419 Document 373 of 463------ -CITE- 14 USC Sec. 831 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 831. Assignment and performance of duties -STATUTE- No member of the Auxiliary, solely by reason of such membership, shall be vested with, or exercise, any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard or the Reserve, except that any such member may, under applicable regulations, be assigned specific duties, which, after appropriate training and examination, he has been found competent to perform, to effectuate the purposes of the Auxiliary. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, aircraft, or radio station assigned to Coast Guard duty unless he has been specifically designated by authority of the Commandant to perform such duty. Members of the Auxiliary, when assigned to specific duties as herein authorized shall, unless otherwise limited by the Commandant, be vested with the same power and authority, in the execution of such duties, as members of the regular Coast Guard assigned to similar duty. When any member of the Auxiliary is assigned to such duty he may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in conformity with standardized Government travel regulations in lieu of subsistence, while traveling and while on duty away from his home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Government, and no per diem shall be paid for any period while such member is performing duty on a vessel. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 556.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 268 (Feb. 19, 1941, ch. 8, title I, Sec. 9, 55 Stat. 10; July 11, 1941, ch. 290, Sec. 10(1), 55 Stat. 587; Sept. 30, 1944, ch. 453, Sec. 6, 58 Stat. 761). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17420 Document 374 of 463------ -CITE- 14 USC Sec. 832 -EXPCITE- TITLE 14 PART II CHAPTER 23 -HEAD- Sec. 832. Injury or death in line of duty -STATUTE- When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing any specific duty to which he has been assigned by competent Coast Guard authority, such member or his beneficiary shall be entitled to the same benefits provided for temporary members of the Reserve who suffer physical injury or death resulting from physical injury incurred incident to service. Members of the Auxiliary who incur physical injury or contract sickness or disease while performing any specific duty to which they have been assigned by competent Coast Guard authority shall be entitled to the same hospital treatment afforded members of the Coast Guard. The performance of a specific duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 556; May 14, 1974, Pub. L. 93-283, Sec. 1(15), 88 Stat. 141; Oct. 30, 1984, Pub. L. 98-557, Sec. 15(a)(3)(D), 98 Stat. 2865.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 270 (Feb. 19, 1941, ch. 8, title I, Sec. 11, as added Sept. 30, 1944, ch. 453, Sec. 7, 58 Stat. 761). Changes were made in phraseology. 81st Congress, House Report No. 557. AMENDMENTS 1984 - Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men after 'treatment afforded'. 1974 - Pub. L. 93-283 included time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary as the performance of a specific duty. ------DocID 17421 Document 375 of 463------ -CITE- 14 USC CHAPTER 25 -EXPCITE- TITLE 14 PART II CHAPTER 25 -HEAD- CHAPTER 25 - GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY -MISC1- Sec. 891. Flags; pennants; uniforms and insignia. 892. Penalty. 893. Limitation on rights of members of the Auxiliary and temporary members of the Reserve. 894. Availability of facilities and appropriations. ------DocID 17422 Document 376 of 463------ -CITE- 14 USC Sec. 891 -EXPCITE- TITLE 14 PART II CHAPTER 25 -HEAD- Sec. 891. Flags; pennants; uniforms and insignia -STATUTE- The Secretary may prescribe one or more suitable distinguishing flags, pennants, or other identifying insignia to be displayed by the motorboats, yachts, aircraft, and radio stations owned by members of the Auxiliary and one or more suitable insignia which may be worn by members of the Reserve or the Auxiliary, and may prescribe one or more suitable uniforms which may be worn by members of the Auxiliary. Such flags, pennants, uniforms, and insignia may be furnished by the Coast Guard at actual cost, and the proceeds received therefor shall be credited to current appropriations from which purchase of these articles is authorized. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 557.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 352 (Feb. 19, 1941, ch. 8, title III, Sec. 302, 55 Stat. 13; Sept. 30, 1944, ch. 453, Sec. 9, 58 Stat. 761). Said section has been divided. The first two sentences are placed in this section. The last sentence is placed in section 892 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Coast Guard ensigns and pennants, see section 638 of this title. ------DocID 17423 Document 377 of 463------ -CITE- 14 USC Sec. 892 -EXPCITE- TITLE 14 PART II CHAPTER 25 -HEAD- Sec. 892. Penalty -STATUTE- Whoever, without proper authority, flies from any building, aircraft, motorboat, yacht, or other vessel, any flag or pennant or displays any identifying insignia or wears any uniform or insignia of the Reserve or the Auxiliary shall be fined not more than $500. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 557.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 352 (Feb. 19, 1941, ch. 8, title III, Sec. 302, 55 Stat. 13; Sept. 30, 1944, ch. 453, Sec. 9, 58 Stat. 761). Said section has been divided. The last sentence is placed in this section. The first two sentences are placed in section 891 of this title. 81st Congress, House Report No. 557. -CROSS- CROSS REFERENCES Penalty for unauthorized wearing of uniform of armed forces or auxiliary, see section 702 of Title 18, Crimes and Criminal Procedure. ------DocID 17424 Document 378 of 463------ -CITE- 14 USC Sec. 893 -EXPCITE- TITLE 14 PART II CHAPTER 25 -HEAD- Sec. 893. Limitation on rights of members of the Auxiliary and temporary members of the Reserve -STATUTE- Members of the Auxiliary and temporary members of the Reserve shall be entitled only to such rights, privileges, and benefits as are specifically set forth for them in this title or as may be specifically provided for them in any other Act of Congress. Any Act of Congress which grants rights, privileges, or benefits generally to military personnel, or among others, to personnel of the Coast Guard and the Coast Guard Reserve, without specifically granting such rights, privileges, or benefits to members of the Auxiliary or temporary members of the Reserve, shall not be deemed applicable to members of the Auxiliary or to temporary members of the Reserve. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 557.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 271 (Feb. 19, 1941, ch. 8, title I, Sec. 12, as added Sept. 30, 1944, ch. 453, Sec. 8, 58 Stat. 761). Temporary members of the Reserve are included within the provisions of this section. Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17425 Document 379 of 463------ -CITE- 14 USC Sec. 894 -EXPCITE- TITLE 14 PART II CHAPTER 25 -HEAD- Sec. 894. Availability of facilities and appropriations -STATUTE- The services and facilities of and appropriations for the Coast Guard shall be available to effectuate the purposes of the Reserve and the Auxiliary. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 557.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 354 (Feb. 19, 1941, ch. 8, title III, Sec. 304, 55 Stat. 14). Changes were made in phraseology. 81st Congress, House Report No. 557. ------DocID 17445 Document 380 of 463------ -CITE- 15 USC Sec. 14 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 14. Sale, etc., on agreement not to use goods of competitor -STATUTE- It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 3, 38 Stat. 731.) -CROSS- CROSS REFERENCES Administrative authority to enforce compliance with this section, see section 21 of this title. Monopolizing trade, see section 2 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21, 26 of this title. ------DocID 17756 Document 381 of 463------ -CITE- 15 USC Sec. 80a-14 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-14. Size of investment companies -STATUTE- (a) Public offerings No registered investment company organized after August 22, 1940, and no principal underwriter for such a company, shall make a public offering of securities of which such company is the issuer, unless - (1) such company has a net worth of at least $100,000; (2) such company has previously made a public offering of its securities, and at the time of such offering had a net worth of at least $100,000; or (3) provision is made in connection with and as a condition of the registration of such securities under the Securities Act of 1933 (15 U.S.C. 77a et seq.) which in the opinion of the Commission adequately insures (A) that after the effective date of such registration statement such company will not issue any security or receive any proceeds of any subscription for any security until firm agreements have been made with such company by not more than twenty-five responsible persons to purchase from it securities to be issued by it for an aggregate net amount which plus the then net worth of the company, if any, will equal at least $100,000; (B) that said aggregate net amount will be paid in to such company before any subscriptions for such securities will be accepted from any persons in excess of twenty-five; (C) that arrangements will be made whereby any proceeds so paid in, as well as any sales load, will be refunded to any subscriber on demand without any deduction, in the event that the net proceeds so received by the company do not result in the company having a net worth of at least $100,000 within ninety days after such registration statement becomes effective. At any time after the occurrence of the event specified in clause (C) of paragraph (3) of this subsection the Commission may issue a stop order suspending the effectiveness of the registration statement of such securities under the Securities Act of 1933 (15 U.S.C. 77a et seq.) and may suspend or revoke the registration of such company under this subchapter. (b) Study on effects of size The Commission is authorized, at such times as it deems that any substantial further increase in size of investment companies creates any problem involving the protection of investors or the public interest, to make a study and investigation of the effects of size on the investment policy of investment companies and on security markets, on concentration of control of wealth and industry, and on companies in which investment companies are interested, and from time to time to report the results of its studies and investigations and its recommendations to the Congress. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 14, 54 Stat. 811.) -REFTEXT- REFERENCES IN TEXT The Securities Act of 1933, referred to in subsec. (a), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is classified generally to subchapter I (Sec. 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 80a-6 of this title. ------DocID 17823 Document 382 of 463------ -CITE- 15 USC Sec. 80b-14 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-14. Jurisdiction of offenses and suits -STATUTE- The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this subchapter or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of this subchapter or the rules, regulations, or orders thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by, or to enjoin any violation of this subchapter or rules, regulations, or orders thereunder, may be brought in any such district or in the district wherein the defendant is an inhabitant or transacts business, and process in such cases may be served in any district of which the defendant is an inhabitant or transacts business or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 1254, 1291, 1292, and 1294 of title 28. No costs shall be assessed for or against the Commission in any proceeding under this subchapter brought by or against the Commission in any court. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 214, 54 Stat. 856; Dec. 4, 1987, Pub. L. 100-181, title VII, Sec. 707, 101 Stat. 1264; Oct. 15, 1990, Pub. L. 101-429, title IV, Sec. 403, 104 Stat. 951.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-429 inserted 'and actions at law brought to enforce any liability or duty created by, or' after 'all suits in equity' and 'to enforce any liability or duty created by, or' after 'Any suit or action'. 1987 - Pub. L. 100-181 substituted 'sections 1254, 1291, 1292, and 1294 of title 28' for 'sections 128 and 240 of the Judicial Code, as amended, and section 7, as amended, of the Act entitled 'An Act to establish a court of appeals for the District of Columbia', approved February 9, 1893'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-429 effective Oct. 15, 1990, with provisions relating to civil penalties and accounting and disgorgement, see section 1(c)(1), (2) of Pub. L. 101-429, set out in a note under section 77g of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Costs, see rule 54, Title 28, Appendix, Judiciary and Judicial Procedure. Injunctions, see rule 65. One form of action, see rule 2. Process, see rule 4. FEDERAL RULES OF CRIMINAL PROCEDURE Continuation of section under rule 18, see note by Advisory Committee set out under rule 18, Title 18, Appendix, Crimes and Criminal Procedure. Venue, see rules 18 to 22. CROSS REFERENCES Jurisdiction of offenses and suits under - Investment Company Act of 1940, see section 80a-43 of this title. Public Utility Holding Company Act of 1935, see section 79y of this title. Securities Act of 1933, see section 77v of this title. Securities Exchange Act of 1934, see section 78aa of this title. Trust Indenture Act of 1939, see section 77vvv of this title. Venue, see section 1391 et seq. of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 80b-9 of this title. ------DocID 18068 Document 383 of 463------ -CITE- 15 USC CHAPTER 14 -EXPCITE- TITLE 15 CHAPTER 14 -HEAD- CHAPTER 14 - RECONSTRUCTION FINANCE CORPORATION -MISC1- Sec. 601 to 619. Repealed, Omitted, or Transferred. -TRANS- ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Reconstruction Finance Corporation was abolished and remaining functions transferred to Housing and Home Finance Agency, Administrator of General Services, Administrator of Small Business Administration, and Secretary of Commerce, such transfer including assets and liabilities, administrative property, personnel, funds, and records, pursuant to 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in Appendix II of title 5, Government Organization and Employees. The Plan provided for retirement of capital stock and payment of all unused funds into the Treasury as miscellaneous receipts and required a final report by Secretary of Treasury not later than June 30, 1959. Powers of the Corporation relating to loans and advances were terminated at close of business on sixtieth day after July 30, 1953, through amendment of former section 604(f) of this title by act July 30, 1953, ch. 282, title I, Sec. 102(b), 67 Stat. 230. Consequential liquidation of assets, winding up of affairs, and dissolution of the Corporation and cancellation and retirement of its capital stock were required under former section 608 of this title. Former section 609 of this title required such liquidation, winding up of affairs, and dissolution by Secretary of Treasury where such action had been initiated but not completed by close of business on June 30, 1954. REORGANIZATION PLAN NO. 1 OF 1957 EFF. JUNE 30, 1957, 22 F.R. 4633, 71 STAT. 647 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 29, 1957, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended (see 5 U.S.C. 901 et seq.). ABOLITION OF THE RECONSTRUCTION FINANCE CORPORATION -MISC5- SECTION 1. DEFINITIONS As used in this reorganization plan: (a) The term 'Corporation' means the Reconstruction Finance Corporation. (b) The term 'remaining functions' means (1) all functions of the Corporation, (2) except as otherwise provided in subsections (b) and (c) of section 6 of this reorganization plan, all functions of the Secretary of the Treasury under section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609), and (3) all functions of the Secretary of the Treasury under sections 102 and 106(b) of the Reconstruction Finance Corporation Liquidation Act (67 Stat. 230, 231), as amended (section 603 and section 609 note of this title). (c) The term 'transferees' means the Housing and Home Finance Administrator, the Administrator of General Services, the Administrator of the Small Business Administration, and the Secretary of the Treasury. SEC. 2. TRANSFER OF FUNCTIONS (a) There are hereby transferred to the Housing and Home Finance Administrator the remaining functions with respect to or arising out of (1) the securities and obligations of, loans made to, and contracts or other agreements with, States, municipalities, political subdivisions thereof, public agencies, boards, commissions or other public bodies, and (2) loans, securities and obligations acquired in connection with programs of financial assistance for drainage and irrigation projects. (b) There are hereby transferred to the Administrator of General Services the remaining functions with respect to or arising out of (1) the affairs of the Smaller War Plants Corporation which were transferred to the Corporation pursuant to Executive Order No. 9665 of December 27, 1945 (11 F.R. 3) and section 207 of Public Law 132 - 80th Congress 61 Stat. 209), (2) the national defense, war and reconversion activities with respect to which notes of the Corporation were cancelled pursuant to the provisions of Title II of Public Law 860 - 80th Congress (62 Stat. 1187), and (3) activities of the RFC Price Adjustment Board and the functions transferred to the Corporation by Executive Order No. 9841 of April 23, 1947 (12 F.R. 2645). (c) Except as otherwise provided in sections 2(d)(1) and 2(d)(2) of this reorganization plan (relating to financial assistance to railroads, etc., and to Schedule A hereto annexed), there are hereby transferred to the Administrator of the Small Business Administration the remaining functions with respect to or arising out of programs of financial assistance to business enterprises and to victims of floods or other disasters. (d) There are hereby transferred to the Secretary of the Treasury all functions of the Corporation not otherwise transferred by the provisions of this reorganization plan, including, but not limited to, all functions of the Corporation with respect to or arising out of (1) programs of financial assistance to railroad companies, financial institutions, and insurance companies, (2) the obligations and loans listed in Schedule A hereto annexed, and (3) the War Damage Corporation. (e) The foregoing transfers include the transfer to each transferee, for use in executing his respective functions thereunder, of the powers, authority, rights, and immunities now vested in or available or applicable to the Corporation for carrying out the functions transferred to the transferee under this reorganization plan. SEC. 3. TRANSFER OF ASSETS AND LIABILITIES The loans, obligations, securities, capital stock, and other assets pertaining to the functions transferred by section 2 of this reorganization plan (including accrued interest thereon, and property acquired in connection therewith) and the liabilities, contracts, bonds, mortgages, notes and other instruments relating thereto are hereby transferred from the Corporation to the respective transferees: Provided, however, That all assets, liabilities, and commitments relating to the functions, transferred by section 2 (a) of this reorganization plan are hereby transferred to the Revolving Fund (Liquidating Programs) established by the Independent Offices Appropriation Act, 1955 (68 Stat. 295) (12 U.S.C. 1701g-5). SEC. 4. ADMINISTRATIVE PROPERTY, PERSONNEL, FUNDS AND RECORDS In addition to the transfers made by the provisions of section 3 of this reorganization plan, there shall be transferred to the Housing and Home Finance Agency, General Services Administration, Small Business Administration, and Treasury Department so much as the Director of the Bureau of the Budget shall determine to be appropriate by reason of transfers made by sections 2 and 3 of this reorganization plan of the administrative property, personnel, records, liabilities and commitments of the Corporation or of the Office of Production and Defense Lending in the Department of the Treasury and of the authorizations, allocations, and funds available or to be made available with respect to the transferred functions (including, but in no way limiting the generality of the foregoing, the authority to issue notes or other obligations to the Secretary of the Treasury, which may be purchased by the Secretary, under section 7 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 606), and the duty of making payments on such notes or obligations issued by or transferred to the respective transferee hereunder). In allocating the administrative expense funds applicable to the functions transferred by the provisions of this reorganization plan and said Director shall allocate and transfer to the General Services Administration as a payment on behalf of the Housing and Home Finance Agency, General Services Administration, Small Business Administration and Treasury Department such sum for rent of building space for the carrying out of the transferred functions during the fiscal year ending June 30, 1958, as the said Director shall determine. Such further measures and disposition as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner and by such agencies as the Director shall direct. SEC. 5. DELEGATION OF AUTHORITY Each transferee may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, agency, or administrative unit under his jurisdiction of any function transferred to him by the provisions of this reorganization plan. SEC. 6. ABOLITION OF THE CORPORATION (a) The Corporation is hereby abolished. (b) The Secretary of the Treasury shall retire the capital stock of the Corporation and, subject to the provisions of section 4 hereof, shall pay into the Treasury, as miscellaneous receipts, all unused funds of the Corporation. (c) Not later than June 30, 1959, the Secretary of the Treasury shall transmit a report to the Congress, which report (1) shall cover the affairs of the Corporation up to the time of the taking effect of the provisions of this reorganization plan, and (2) shall correspond to the final report required by section 10 of the Reconstruction Finance Corporation Act, as amended (15 U.S.C. 609). The function of making the final report provided for in the said section 10 is hereby abolished. SEC. 7. EFFECTIVE DATE The provisions of this reorganization plan shall take effect at the time determined under the provisions of section 6(a) of the Reorganization Act of 1949, as amended (see 5 U.S.C. 906(a)) or at the close of June 30, 1957, whichever is later. SCHEDULE A This schedule annexed to Reorganization Plan No. 1 of 1957 lists by name and address of the obligor or borrower the obligations and loans referred to in clause (2) of section 2(d) of such reorganization plan: --------------------------------------------------------------------- Name of obligor or borrower Address --------------------------------------------------------------------- Alaska Plywood Corp Juneau, Alaska. Alford Refrigerated Warehouse Dallas, Tex. Braun Bros. Packing Co Troy, Ohio. Chromcraft Corp St. Louis, Mo. Civic Hotel Corp Odessa, Tex. Deep Water Terminals, Inc. Brooklyn, N.Y. Detroit Steel Corp Detroit, Mich. Hal Roach Studios, Inc Culver City, Calif. Hayward Woolen Co. Whitinsville, Mass. The Horle Arms Co Deep River, Conn. Jack Tar of Arkansas, Inc Hot Springs, Ark. Landers Packing Co Denver, Colo. Langley Corp San Diego, Calif. Lawton Community Hotel Lawton, Okla. Lone Star Steel Co Dallas, Tex. Louisville Builders Supply Co Louisville, Ky. Lustron Corp Columbus, Ohio. Mayfair Extension, Inc Washington, D.C. New Haven Clock & Watch Co New Haven, Conn. Oregon Fibre Products, Inc Pilot Rock, Oreg. The Prudence Co., Inc New York, N.Y. Seidelhuber Steel Rolling Mills Seattle, Wash. South Water Building Corp Rockford, Ill. South Water Machinery Corp Do. Texas Consolidated Oils Dallas, Tex. Texas Frozen Foods Corp Harlingen, Tex. Waltham Watch Co Waltham, Mass. Wheland Co Chattanooga, Tenn. ------------------------------- SHORT TITLE OF ACT JULY 30, 1953, CH. 282, TITLE I Congress, in enacting the amendments to sections 603(a) and 604(f) of this title; the provisions set out as notes under sections 603 and 609 of this title; the provisions set out as section 459 of Title 40, Public Buildings, Property, and Works; and the provisions set out as notes under sections 98 and 544 of Title 50, War and National Defense, section 1929 and sections 2094 and 2261 of Appendix to title 50, provided by section 101 of such act that they should be popularly known as the 'Reconstruction Finance Corporation Liquidation Act'. CONTINUATION OF PENDING PROCEEDINGS Act July 30, 1953, ch. 282, title I, Sec. 105, 67 Stat. 231, as amended by act June 29, 1954, ch. 410, Sec. 2(c), 68 Stat. 320, provided that: 'No suit, action, or other proceeding lawfully commenced by or against the Reconstruction Finance Corporation shall abate by reason of the dissolution of the Corporation; but the court may, on motion or supplemental petition filed at any time within twelve months after the date of such dissolution and showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the officer or agency of the Government performing the functions with respect to which any such suit, action, or other proceeding was commenced.' EXTENSION OR RENEWAL OF LOANS Section 4 of Pub. L. 85-536, July 18, 1958, 72 Stat. 396, provided that: 'The Secretary of the Treasury is hereby authorized to further extend the maturity of or renew any loan transferred to the Secretary of the Treasury pursuant to Reorganization Plan Numbered 1 of 1957 (set out as a note above), for additional periods not to exceed ten years, if such extension or renewal will aid in the orderly liquidation of such loan.' ------DocID 18189 Document 384 of 463------ -CITE- 15 USC Sec. 713a-14 -EXPCITE- TITLE 15 CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 713a-14. Dairy export incentive program -STATUTE- (a) Establishment and operation During the period beginning 60 days after December 23, 1985, and ending on December 31, 1995, the Commodity Credit Corporation shall establish and operate an export incentive program as described in this section for dairy products under section 714c of this title. (b) Payments to entity that sells for export United States dairy products; bid basis; criteria for acceptance or rejection of bids The program established under subsection (a) of this section shall provide for the Corporation to make payments, on a bid basis, to an entity that sells for export United States dairy products. The Secretary shall have discretion to accept or reject bids under such criteria as the Secretary deems appropriate. (c) Rules and regulations The program shall be operated under such rules and regulations issued by the Secretary as the Secretary deems necessary to ensure, among other things, that - (1) payments may be made under the program only on the quantity of dairy products sold by an entity for export in any year that is in addition to, and not in place of, any export sales of dairy products that the entity would otherwise make in the absence of the program; and (2) to the extent practicable, dairy products sold for export under the program will not displace commercial export sales of United States dairy products by other exporters. (d) Payments under program to be made in cash or commodities (1) The regulations issued by the Secretary may provide for payments under the program to be made in cash or in commodities of equal value that are available in Commodity Credit Corporation stock. (2) If payments in commodities are authorized, such payments shall be made through the issuance of generic certificates redeemable in commodities. (3) If generic certificates issued in accordance with the program provided for by this section are exchanged for dairy products owned by the Commodity Credit Corporation, the regulations issued by the Secretary shall ensure that - (A) such dairy products, or an equal quantity of other dairy products, will be sold for export by the entity; and (B) any such export sales by the entity - (i) will be in addition to, and not in place of, export sales of dairy products that the entity would otherwise make under the program or in the absence of the program; and (ii) to the extent practicable, will not displace commercial export sales of United States dairy products by other exporters. (e) Payment rates; publication in Federal Register or other public announcement (1) The payments made under the program shall be made at a rate or rates established or approved by the Secretary, taking into consideration, among other things the type of product to be exported, the domestic price of dairy products, and world price of the dairy products. (2) Any such rate established or approved by the Secretary shall be published in the Federal Register or publicly announced through other appropriate means, and shall be at a level or levels as will encourage the exportation of United States dairy products by entities. -SOURCE- (Pub. L. 99-198, title I, Sec. 153, Dec. 23, 1985, 99 Stat. 1377; Pub. L. 100-418, title IV, Sec. 4308, Aug. 23, 1988, 102 Stat. 1399; Pub. L. 100-435, title I, Sec. 106, Sept. 19, 1988, 102 Stat. 1651; Pub. L. 101-624, title I, Sec. 114, Nov. 28, 1990, 104 Stat. 3380.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-624 substituted 'December 31, 1995' for 'September 30, 1990'. 1988 - Subsec. (a). Pub. L. 100-435 substituted '1990' for '1989'. Subsec. (d)(2), (3). Pub. L. 100-418 amended pars. (2) and (3) generally. Prior to amendment pars. (2) and (3) read as follows: '(2) If payments in commodities are authorized, such payments may be made through the issuance of certificates redeemable in commodities. '(3) If payments are authorized to be made in dairy products, the regulations issued by the Secretary shall ensure that such dairy products, or an equal amount of other dairy products, will be sold for export by the entity and that any such export sales by the entity will be in addition to, and not in place of, export sales of dairy products that the entity would otherwise make under program or in the absence of the program, and, to the extent practicable, will not displace commercial export sales of United States dairy products by other exporters.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101-624, set out as a note under section 1421 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-435 effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as a note under section 2012 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 1736bb-6. ------DocID 19575 Document 385 of 463------ -CITE- 16 USC Sec. 14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 14. Repealed. Pub. L. 88-578, Sec. 2(a), Sept. 3, 1964, 78 Stat. 899 -MISC1- Section, acts Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 238; Mar. 4, 1929, ch. 705, Sec. 1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where campground privileges are charged for by the Park Service. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1965, see section 1(a) of Pub. 88-578, set out as an Effective Date note under section 460l-4 of this title. ------DocID 20264 Document 386 of 463------ -CITE- 16 USC Sec. 403h-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER XLVI -HEAD- Sec. 403h-14. Authorization to transfer additional lands for scenic parkway -STATUTE- The Secretary of Agriculture is authorized to transfer to the jurisdiction of the Secretary of the Interior, who is hereby authorized to accept such transfer, not to exceed three hundred and sixty acres of national forest land in Cocke County, Tennessee, now part of the Cherokee National Forest, located within and adjacent to the right-of-way for section 8A of the Foothills Parkway between Tennessee Highway Numbered 32 and the Pigeon River. Upon publication in the Federal Register of an order of transfer by the Secretary of Agriculture, the lands so transferred shall be a part of the Great Smoky Mountains National Park and available for the scenic parkway as authorized by section 403h-11 of this title. -SOURCE- (Pub. L. 88-415, Aug. 10, 1964, 78 Stat. 388.) ------DocID 20426 Document 387 of 463------ -CITE- 16 USC Sec. 410cc-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part A -HEAD- Sec. 410cc-14. Funding limitations -STATUTE- Notwithstanding any other provision of this subchapter, no authority to enter into agreements or to make payments under this subchapter shall be effective except to the extent, or in such amounts, as may be provided in advance in appropriation Acts. -SOURCE- (Pub. L. 95-290, title I, Sec. 104, June 5, 1978, 92 Stat. 292.) ------DocID 21080 Document 388 of 463------ -CITE- 16 USC Sec. 460l-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part C -HEAD- Sec. 460l-14. Facilities of project modifications to be provided without written indication of intent -STATUTE- (a) Other project purposes as justification; public health and safety requirement of minimum facilities at access points; basis for calculation of benefits; nonreimbursable costs No facilities or project modifications which will furnish recreation or fish and wildlife enhancement benefits shall be provided in the absence of the indication of intent with respect thereto specified in section 460l-13(a) of this title unless (1) such facilities or modifications serve other project purposes and are justified thereby without regard to such incidental recreation or fish and wildlife enhancement benefits as they may have or (2) they are minimum facilities which are required for the public health and safety and are located at access points provided by roads existing at the time of project construction or constructed for the administration and management of the project. Calculation of the recreation and fish and wildlife enhancement benefits in any such case shall be based on the number of visitor-days anticipated in the absence of recreation and fish and wildlife enhancement facilities or modifications except as hereinbefore provided and on the value per visitor-day of the project without such facilities or modifications. Project costs allocated to recreation and fish and wildlife enhancement on this basis shall be nonreimbursable. (b) Preservation of recreation and fish and wildlife enhancement potential; execution of agreements within ten year period; disposition of lands in absence of such agreements, prohibition against uses conflicting with project purposes, and preference to uses promoting and not detracting from such potential Notwithstanding the absence of an indication of intent as specified in section 460l-13(a) of this title, lands may be provided in connection with project construction to preserve the recreation and fish and wildlife enhancement potential of the project: (1) If non-Federal public bodies execute an agreement within ten years after initial operation of the project (which agreement shall provide that the non-Federal public bodies will administer project land and water areas for recreation or fish and wildlife enhancement or both pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and will bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement, and all costs of operation, maintenance, and replacement attributable thereto) the remainder of the costs of lands, facilities, and project modifications provided pursuant to this paragraph shall be nonreimbursable. Such agreement and subsequent development, however, shall not be the basis for any reallocation of joint costs of the project to recreation or fish and wildlife enhancement. (2) If, within ten years after initial operation of the project, there is not an executed agreement as specified in paragraph (1) of this subsection, the head of the agency having jurisdiction over the project may utilize the lands for any lawful purpose within the jurisdiction of his agency, or may offer the land for sale to its immediate prior owner or his immediate heirs at its appraised fair market value as approved by the head of the agency at the time of offer or, if a firm agreement by said owner or his immediate heirs is not executed within ninety days of the date of the offer, may transfer custody of the lands to another Federal agency for use for any lawful purpose within the jurisdiction of that agency, or may lease the lands to a non-Federal public body, or may transfer the lands to the Administrator of General Services for disposition in accordance with the surplus property laws of the United States. In no case shall the lands be used or made available for use for any purpose in conflict with the purposes for which the project was constructed, and in every case except that of an offer to purchase made, as hereinbefore provided, by the prior owner or his heirs preference shall be given to uses which will preserve and promote the recreation and fish and wildlife enhancement potential of the project or, in the absence thereof, will not detract from that potential. -SOURCE- (Pub. L. 89-72, Sec. 3, July 9, 1965, 79 Stat. 214; Pub. L. 93-251, title I, Sec. 77(a)(3), Mar. 7, 1974, 88 Stat. 33.) -REFTEXT- REFERENCES IN TEXT The surplus property laws of the United States, referred to subsec. (b)(2), are classified generally to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. -MISC2- AMENDMENTS 1974 - Subsec. (b)(1). Pub. L. 93-251 substituted 'modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement' for 'modifications provided for either or both of those purposes, as the case may be'. EFFECTIVE DATE OF 1974 AMENDMENT For effective date of amendment by Pub. L. 93-251, see section 77(b) of Pub. L. 93-251, set out as a note under section 460l-13 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 460l-17, 460l-18 of this title. ------DocID 21106 Document 389 of 463------ -CITE- 16 USC Sec. 460m-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI -HEAD- Sec. 460m-14. Authorization of appropriations -STATUTE- For the acquisition of lands and interests in lands, there are authorized to be appropriated not more than $39,948,000. For development of the national river, there are authorized to be appropriated not to exceed $9,371,000. -SOURCE- (Pub. L. 92-237, Sec. 7, Mar. 1, 1972, 86 Stat. 46; Pub. L. 94-578, title I, Sec. 101(3), title III, Sec. 310, Oct. 21, 1976, 90 Stat. 2732, 2736; Pub. L. 95-625, title II, Sec. 201(2), Nov. 10, 1978, 92 Stat. 3473.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-625 increased land acquisition appropriations authorization to $39,948,000 from $30,071,500. 1976 - Pub. L. 94-578 substituted '$30,071,500' for '$16,115,000' in provision covering the acquisition of lands and interests in lands and substituted 'For development of the national river, there are authorized to be appropriated not to exceed $9,371,000' for 'For development of the national river, there are authorized to be appropriated not more than $283,000 in fiscal year 1974; $2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976; $1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year 1978. The sums appropriated each year shall remain available until expended'. ------DocID 21204 Document 390 of 463------ -CITE- 16 USC Sec. 460u-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-14. Plan, lands acquired, land acquisition program; submittal to Congressional committees -STATUTE- Within one year after October 18, 1976, the Secretary shall submit, in writing, to the Committees on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate - (1) the lands which he has previously acquired by purchase, donation, exchange, or transfer for administration for the purpose of the lakeshore; and (2) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. -SOURCE- (Pub. L. 89-761, Sec. 14, formerly Sec. 15, added and renumbered Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 21249 Document 391 of 463------ -CITE- 16 USC Sec. 460x-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXII -HEAD- Sec. 460x-14. Authorization of appropriations; adjustments -STATUTE- There are authorized to be appropriated not more than $84,149,558 for the acquisition of lands and interests in lands and not more than $18,769,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. -SOURCE- (Pub. L. 91-479, Sec. 15, Oct. 21, 1970, 84 Stat. 1081; Pub. L. 93-477, title I, Sec. 101(13), Oct. 26, 1974, 88 Stat. 1446; Pub. L. 97-361, Sec. 4, Oct. 22, 1982, 96 Stat. 1724; Pub. L. 98-141, Sec. 5, Oct. 31, 1983, 97 Stat. 909; Pub. L. 98-505, Oct. 19, 1984, 98 Stat. 2337.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-505 substituted '$84,149,558' for '$82,149,558'. 1983 - Pub. L. 98-141 substituted '$82,149,558' for '$66,153,000'. 1982 - Pub. L. 97-361 substituted '$66,153,000' for '$57,753,000'. 1974 - Pub. L. 93-477 substituted '$57,753,000' for '$19,800,000'. RETROACTIVE STATUTORY CEILINGS Section 7 of Pub. L. 97-361 provided that: 'For purposes of section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)(3)), the statutory ceilings on appropriations established by the amendments made by this Act (enacting section 460x-15 and amending sections 460x-9, 460x-11 and 460x-14 of this title) shall be deemed to be statutory ceilings contained in a provision of law enacted prior to the convening of the Ninety-fifth Congress.' ------DocID 21292 Document 392 of 463------ -CITE- 16 USC Sec. 460aa-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXXV -HEAD- Sec. 460aa-14. Separability -STATUTE- If any provision of this subchapter is declared to be invalid, such declaration shall not affect the validity of any other provision of this subchapter. -SOURCE- (Pub. L. 92-400, Sec. 15, Aug. 22, 1972, 86 Stat. 615.) ------DocID 21415 Document 393 of 463------ -CITE- 16 USC Sec. 460uu-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part B -HEAD- Sec. 460uu-14. Markers -STATUTE- The trail shall be marked with appropriate markers to guide the public. With the concurrence and assistance of the State or local entity having jurisdiction over the roads designated as part of the trail, the Secretary may erect thereon and maintain signs and other informational devices displaying the Masau Trail Marker. The Secretary is authorized to accept the donation of suitable signs and other informational devices for placement at appropriate locations. -SOURCE- (Pub. L. 100-225, title II, Sec. 204, Dec. 31, 1987, 101 Stat. 1541.) ------DocID 21448 Document 394 of 463------ -CITE- 16 USC Sec. 460vv-14 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-14. Fire, insect, and disease -STATUTE- Nothing in this subchapter shall preclude the Secretary of Agriculture from carrying out such measures in the recreation area, the national scenic and wildlife area, the national scenic area, or in the botanical areas established by this subchapter as the Secretary, in his discretion, deems necessary in the event of fire, or infestation of insects or disease or for public health and safety. As provided in section 1133(d)(1) of this title, the Secretary may take such measures as may be necessary to control fire, insects, and diseases within the wilderness areas designated by this subchapter. -SOURCE- (Pub. L. 100-499, Sec. 16, Oct. 18, 1988, 102 Stat. 2498.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460vv-7 of this title. ------DocID 22658 Document 395 of 463------ -CITE- 16 USC CHAPTER 14 -EXPCITE- TITLE 16 CHAPTER 14 -HEAD- CHAPTER 14 - REGULATION OF WHALING -MISC1- SUBCHAPTER I - WHALING TREATY ACT Sec. 901 to 915. Repealed. SUBCHAPTER II - WHALING CONVENTION ACT 916. Definitions. 916a. United States Commissioner. (a) Appointment. (b) Deputy Commissioner. (c) Compensation. 916b. Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Commission. 916c. Unlawful acts. (a) Whaling, transporting, or selling violations; records; reports. (b) Acts of commission or omission. 916d. Licenses. (a) Issuance. (b) Licenses and fees required. (c) Disposition of fees. (d) Application; conditions precedent. (e) Additional conditions. 916e. Failure to keep returns, records, reports. 916f. Violations; fines and penalties. 916g. Enforcement. (a) Enforcement officers; arrests; search and seizure of vessels; disposal of property. (b) Stay of execution upon posting of bond; bond requirements. 916h. Cooperation between Federal and State and private agencies and organizations in scientific and other programs. (a) Agency cooperation. (b) Authorization for Federal agency cooperation. 916i. Taking of whales for biological experiments. 916j. Allocation of responsibility for administration and enforcement. (a) Administration and general enforcement. (b) Enforcement relating to whaling vessels. (c) Enforcement by officers and employees of coastal States. 916k. Regulations; submission; publication; effectiveness. 916l. Authorization of appropriations. ------DocID 23799 Document 396 of 463------ -CITE- 18 USC Sec. 14 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 14. Applicability to Canal Zone; definition -STATUTE- (a) In addition to the sections of this title which by their terms apply to and within the Canal Zone, the following sections of this title, as amended from time to time, apply to and within the Canal Zone: 6, 8, 11, 45, (FOOTNOTE 1) 201, 202, 203, 205, 207, 208, 209, 210, 211, 218, 287, 331, 371, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 505, 506, 507, 508, 509, 594, 595, 598, 600, 601, 604, 605, 608, (FOOTNOTE 1) 611, (FOOTNOTE 1) 612, (FOOTNOTE 1) 703, 752, 755, 756, 792, 793, 794, 795, 796, 797, 798, 798A, 799, 915, 917, 951, 953, 954, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 1001, 1017, 1024, 1073, 1301, 1364, 1381, 1382, 1542, 1543, 1544, 1546, 1584, 1621, 1622, 1761, 1821, 1991, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2199, 2231, 2234, 2235, 2274, 2275, 2277, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, 2421, 2422, 2423, 2424, 3042, 3059, 3105, 3109, 3187, 3195, 3500. (FOOTNOTE 1) See References in Text note below. (b) The term 'Canal Zone', as used in the sections of this title which by their terms apply to and within the Canal Zone, and as used in subsection (a) of this section, includes the area designated as the Canal Zone by sections 1 and 2 of Title 2, Canal Zone Code; and it also includes the corridor over which the United States of America exercises jurisdiction pursuant to the provisions of Article IX of the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama, signed March 2, 1936, to the extent that the application, to the corridor, of the sections mentioned in this subsection, and of those specified in subsection (a) of this section, is consistent with the nature of the rights of the United States in the corridor as provided by treaty. (c) The definitions of the terms prescribed by sections 5 and 10, or other sections of this title, are modified to effectuate the applicability of the sections enumerated by subsection (a) of this section to and within the Canal Zone. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953, ch. 325, 67 Stat. 366; Oct. 18, 1962, Pub. L. 87-845, Sec. 3(a), 76A Stat. 698; June 22, 1968, Pub. L. 90-357, Sec. 59, 82 Stat. 248; Nov. 29, 1990, Pub. L. 101-647, title XXXV, Sec. 3519(c), 104 Stat. 4923.) -MISC1- SENATE REVISION AMENDMENT This amendment, adding a new section 14, together with amended section 5 will clarify the applicability of Federal criminal statutes within the Canal Zone. It was particularly desired by the Governor of the Canal Zone and the compiler of the Canal Zone Code. The Governor of the Canal Zone, in a letter dated September 22, 1945, and filed with the House Judiciary Committee, advised: 'General criminal laws of the United States are now applicable to the Canal Zone only if applicability is indicated by language expressly referring to the Canal Zone, or to possessions of the United States, or to territory subject to the jurisdiction of the United States, etc. * * * The bill in its present form would have undesirable effects insofar as concerns the continued operation of the Canal Zone Criminal Code and Code of Criminal Procedure, established by Congress as titles 5 and 6 of the Canal Zone Code, enacted by act of June 19, 1934 (ch. 667, 48 Stat. 1122), and also would perhaps have undesirable effects insofar as concerns the continued applicability to the Canal Zone of the body of general criminal laws which are now applicable.' -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone and Canal Zone Code, referred to in text, see sections 3602(b) and 3602 note of Title 22, Foreign Relations and Intercourse. Among the sections of this title, referred to in text, as being by their terms applicable to and within the Canal Zone are: section 1261 making Liquor Traffic provisions of sections 1261 to 1265 inapplicable to Canal Zone; section 3183, relating to extradition of fugitives from state, territory or possession into Canal Zone: sections 3241 relating to jurisdiction of offenses under certain sections: sections 3771 and 3772, relating to power of Supreme Court to prescribe rules of procedure in a criminal case to and including the verdict and after the verdict. Section 45 of this title, referred to in subsec. (a), was repealed by Pub. L. 101-647, title XII, Sec. 1206(a), Nov. 29, 1990, 104 Stat. 4832. Sections 608, 611, and 612 of this title, referred to in subsec. (a), were repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90 Stat. 496. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-647 substituted '798, 798A, 799' for '798, as added by section 24(a) of the Act of October 31, 1951 (chapter 655, 65 Stat. 719), 798, as added by section 4 of the Act of June 30, 1953 (chapter 175, 67 Stat. 133), 799'. 1968 - Subsec. (a). Pub. L. 90-357 inserted ', as amended from time to time,' after 'title' and before 'apply', included references in sections 203, 205, 207, 208, 209, 210, 211, and 218, and struck out reference to section 1914. 1962 - Pub. L. 87-845 inserted '; definition' in section catchline, designated existing provisions of section as subsec. (a) and included references to sections 45, 201, 202, 287, 471, 473, 475, 476, 477, 484, 486, 487, 490 to 498, 505, 507 to 509, 752, 755, 798 as added by act of Oct. 31, 1951, 798 as added by act of June 30, 1953, 799, 1001, 1024, 1381, 1991, 2157, 2381 to 2383, 2387, 3042, 3187 and 3195, struck out references to sections 502, 791 and 1362, and added subsecs. (b) and (c). 1953 - Act Aug. 5, 1953, inserted '1362' after '1301'. EFFECTIVE DATE OF 1962 AMENDMENT Section 25 of Pub. L. 87-845 provided that: 'This Act (enacting section 4210 of this title and section 858 of Title 50, War and National Defense, and amending this section, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, sections 414, 547, 1404, and 1406 of Title 28, Judiciary and Judicial Procedure, and sections 191a and 191b of Title 50) takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency.' -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Applicability of rules, see rule 54, Appendix to this title. CROSS REFERENCES Extradition of fugitives from Canal Zone into extraterritorial jurisdiction of United States, see section 3183 of this title. Liquor traffic provisions inapplicable to Canal Zone, see section 1261 of this title. Term United States as not including Canal Zone, see section 5 of this title. ------DocID 25068 Document 397 of 463------ -CITE- 18 USC APPENDIX - CLASSIFIED INFORMATION PROCEDURES ACT Sec. 14 -EXPCITE- TITLE 18 CLASSIFIED INFORMATION PROCEDURES ACT -HEAD- Sec. 14. Functions of Attorney General may be exercised by Deputy Attorney General, the Associate Attorney General, or a designated Assistant Attorney General -STATUTE- The functions and duties of the Attorney General under this Act may be exercised by the Deputy Attorney General, the Associate Attorney General, or by an Assistant Attorney General designated by the Attorney General for such purpose and may not be delegated to any other official. -SOURCE- (Pub. L. 96-456, Sec. 14, Oct. 15, 1980, 94 Stat. 2030; Pub. L. 100-690, title VII, Sec. 7020(g), Nov. 18, 1988, 102 Stat. 4396.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96-456, Oct. 15, 1980, 94 Stat. 2025, known as the 'Classified Information Procedures Act'. -MISC2- AMENDMENTS 1988 - Pub. L. 100-690 inserted ', the Associate Attorney General,' after 'Deputy Attorney General'. ------DocID 25094 Document 398 of 463------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 14 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IV -HEAD- Rule 14. Relief From Prejudicial Joinder -STATUTE- If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the government to deliver to the court for inspection in camera any statements or confessions made by the defendants which the government intends to introduce in evidence at the trial. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule is a restatement of existing law under which severance and other similar relief is entirely in the discretion of the court, 18 U.S.C. (former) 557 (Indictments and presentments; joinder of charges); Pointer v. United States, 151 U.S. 396; Pierce v. United States, 160 U.S. 355; United States v. Ball, 163 U.S. 662, 673; Stilson v. United States, 250 U.S. 583. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT A defendant may be prejudiced by the admission in evidence against a co-defendant of a statement or confession made by that co-defendant. This prejudice cannot be dispelled by cross-examination if the co-defendant does not take the stand. Limiting instructions to the jury may not in fact erase the prejudice. While the question whether to grant a severance is generally left within the discretion of the trial court, recent Fifth Circuit cases have found sufficient prejudice involved to make denial of a motion for severance reversible error. See Schaffer v. United States, 221 F.2d 17 (5th Cir. 1955); Barton v. United States, 263 F.2d 894 (5th Cir. 1959). It has even been suggested that when the confession of the co-defendant comes as a surprise at the trial, it may be error to deny a motion or a mistrial. See Belvin v. United States, 273 F.2d 583 (5th Cir. 1960). The purpose of the amendment is to provide a procedure whereby the issue of possible prejudice can be resolved on the motion for severance. The judge may direct the disclosure of the confessions or statements of the defendants to him for in camera inspection as an aid to determining whether the possible prejudice justifies ordering separate trials. Cf. note, Joint and Single Trials Under Rules 8 and 14 of the Federal Rules of Criminal Procedure, 74 Yale L.J. 551, 565 (1965). ------DocID 25993 Document 399 of 463------ -CITE- 19 USC CHAPTER 14 -EXPCITE- TITLE 19 CHAPTER 14 -HEAD- CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY -MISC1- Sec. 2601. Definitions. 2602. Agreements to implement Article 9 of the convention. (a) Agreement authority. (b) Effective period. (c) Restrictions on entering into agreements. (d) Suspension of import restrictions under agreements. (e) Extension of agreements. (f) Procedures. (g) Information on Presidential action. 2603. Emergency implementation of import restrictions. (a) 'Emergency condition' defined. (b) Presidential action. (c) Limitations. 2604. Designation of materials covered by agreements or emergency actions. 2605. Cultural Property Advisory Committee. (a) Establishment. (b) Membership. (c) Expenses. (d) Transaction of business. (e) Staff and administration. (f) Reports by Committee. (g) Committee review. (h) Federal Advisory Committee Act. (i) Confidential information. (j) No authority to negotiate. 2606. Import restrictions. (a) Documentation of lawful exportation. (b) Customs action in absence of documentation. (c) 'Satisfactory evidence' defined. (d) Related persons. 2607. Stolen cultural property. 2608. Temporary disposition of materials and articles subject to this chapter. 2609. Seizure and forfeiture. (a) In general. (b) Archaeological and ethnological material. (c) Articles of cultural property. 2610. Evidentiary requirements. 2611. Certain material and articles exempt from this chapter. 2612. Regulations. 2613. Enforcement. ------DocID 26064 Document 400 of 463------ -CITE- 20 USC Sec. 14 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 14. Preparing teachers, supervisors, and directors of agricultural subjects; amounts; allotment of funds to States -STATUTE- For the purpose of cooperating with the States in preparing teachers, supervisors, and directors of agricultural subjects and teachers of trade and industrial and home economics subjects, there is annually appropriated for the use of the States the sum of $1,000,000. Said sum shall be allotted to the States in the proportion which their population bears to the total population of the United States, not including outlying possessions, according to the last preceding United States census. The allotment of funds to any State shall be not less than a minimum of $10,000 for any fiscal year. And there is appropriated the sum of $105,200 annually, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment provided for in this section. -SOURCE- (Feb. 23, 1917, ch. 114, Sec. 4, 39 Stat. 931; June 25, 1959, Pub. L. 86-70, Sec. 18(b)(1), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, Sec. 14(b)(2), 74 Stat. 414.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-624 substituted '$105,200' for '$98,500'. 1959 - Pub. L. 86-70 substituted '$98,500' for '$90,000'. EFFECTIVE DATE OF 1960 AMENDMENT For effective date of amendment by Pub. L. 86-624, see section 47(c) of Pub. L. 86-624, set out as a note under section 12 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Section 47(f) of Pub. L. 86-70 provided that: 'The amendments made by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 18 (amending this section and section 238 of this title) shall be applicable for fiscal years beginning July 1, 1959.' -CROSS- CROSS REFERENCES Population census, see section 141 et seq. of Title 13, Census. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 16 of this title. ------DocID 26214 Document 401 of 463------ -CITE- 20 USC Sec. 80q-14 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER XIII -HEAD- Sec. 80q-14. Definitions -STATUTE- As used in this subchapter - (1) the term 'Board of Regents' means the Board of Regents of the Smithsonian Institution; (2) the term 'Board of Trustees' means the Board of Trustees of the National Museum of the American Indian; (3) the term 'burial site' means a natural or prepared physical location, whether below, on, or above the surface of the earth, into which, as a part of a death rite or ceremony of a culture, individual human remains are deposited; (4) the term 'funerary object' means an object that, as part of a death rite or ceremony of a culture, is intentionally placed with individual human remains, either at the time of burial or later; (5) the term 'Heye Foundation assets' means the collections, endowment, and all other property of the Heye Foundation (other than the interest of the Heye Foundation in Audubon Terrace) described in the Memorandum of Understanding between the Smithsonian Institution and the Heye Foundation, dated May 8, 1989, and the schedules attached to such memorandum; (6) the term 'Heye Museum' means the Museum of the American Indian, Heye Foundation; (7) the term 'Indian' means a member of an Indian tribe; (8) the term 'Indian tribe' has the meaning given that term in section 450b of title 25; (9) the term 'National Museum' means the National Museum of the American Indian established by section 80q-1 of this title; (10) the term 'Native American' means an individual of a tribe, people, or culture that is indigenous to the Americas and such term includes a Native Hawaiian; and (11) the term 'Native Hawaiian' means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii. -SOURCE- (Pub. L. 101-185, Sec. 16, Nov. 28, 1989, 103 Stat. 1346.) ------DocID 26330 Document 402 of 463------ -CITE- 20 USC CHAPTER 14 -EXPCITE- TITLE 20 CHAPTER 14 -HEAD- CHAPTER 14 - SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES -COD- CODIFICATION The act of Sept. 23, 1950, ch. 995, 64 Stat. 967, formerly classified to this chapter, was completely amended and renumbered by Pub. L. 85-620, Aug. 12, 1958, 72 Stat. 548. See section 631 et seq. of this title. Former sections 251 to 311 of this title were either omitted or transferred as set forth in the following table: --------------------------------------------------------------------- Former Sections Present Sections --------------------------------------------------------------------- 251-254 Omitted. 255(a) 643(a). 255(b) Omitted. 271-274 Omitted. 275(a) Omitted. 275(b)(1) 636(b)(1). 275(c), (d) Omitted. 276 Omitted. 277(a) Omitted. 277(b) 641(b). 278 642. 279 (a), (b) 643(a), (b). 279(c), (d) Omitted. 279(e) 643(c). 280 645. 291-293 631-633. 294(a) 634. 294(b) Omitted. 295 635. 296 636(a), (b)(2), (c). 297 637. 298(a) 638. 299, 300 639, 640. 301 641(a). 302 645(15), (16). 311 644. ------------------------------- ------DocID 28250 Document 403 of 463------ -CITE- 21 USC Sec. 7 to 14 -EXPCITE- TITLE 21 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 7 to 14. Repealed. June 25, 1938, ch. 675, Sec. 902(a), 52 Stat. 1059 -MISC1- Section 7, act June 30, 1906, ch. 3915, Sec. 6, 34 Stat. 769, defined 'drug' and 'food'. See section 321 of this title. Section 8, act June 30, 1906, ch. 3915, Sec. 7, 34 Stat. 769, deemed drugs to be adulterated when sold having a difference from recognized standards, except where there is an explanatory statement on or in container, and when sold below professed standard; confectioneries, when containing mineral substances, poisonous color or flavors, other deleterious ingredients, liquors or narcotics; food, when concerned with injurious mixtures, use of substitutes, abstraction of valuable constituents, concealment of damage or inferiority, deleterious ingredients, preservatives in shipment conditionally excepted, animal or vegetable substances unfit for food and products of animals diseased or having died otherwise than by slaughter. See sections 342 and 351 of this title. Section 9, act June 30, 1906, ch. 3915, Sec. 8, 34 Stat. 771, defined 'misbranded' and provided for its application to drugs and food. See sections 343 and 352 of this title. Section 10, acts June 30, 1906, ch. 3915, Sec. 8, 34 Stat. 771; Aug. 23, 1912, ch. 352, 37 Stat. 416; Mar. 3, 1913, ch. 117, 37 Stat. 732; July 24, 1919, ch. 26, 41 Stat. 271; July 8, 1930, ch. 874, 46 Stat. 1019, deemed drugs to be misbranded when there is an imitation or use of name of other article, when there is removal and substitution of contents of package or failure to state on label quantity or proportion of narcotics therein, and when there is a false statement of curative or therapeutic effect; and food, when there is an imitation or use of name of other article, when there is a false label or brand removal and substitution of contents of package, or failure to state or label quantity or proportion of narcotics therein, when the packages are not marked with weight, with certain variations and exemptions permitted, when there are false or misleading statements on package or label as to ingredients or substances; and food, when mixtures or compounds under distinctive names, the articles are labeled, branded as compounds, imitations, or blends; construed the term 'blend' and related to disclosure of trade formulas of proprietary foods, and canned food. See sections 321b, 341, 343 and 352 of this title. Section 11, acts June 30, 1906, ch. 3915, Sec. 4, 34 Stat. 769; Jan. 18, 1927, ch. 39, 44 Stat. 1003, provided for examination of specimens, notice of adulteration or misbranding, hearing, certification of violations to United States district attorney and notice of judgment. Section 12, act June 30, 1906, ch. 3915, Sec. 5, 34 Stat. 769, provided for prosecution by district attorneys for enforcement of penalties. Section 13, act June 30, 1906, ch. 3915, Sec. 9, 34 Stat. 771, provided for a seller's guaranty as protection to dealer. See section 333 of this title. Section 14, act June 30, 1906, ch. 3915, Sec. 10, 34 Stat. 771, provided for seizure of articles by libel for condemnation, at suit of and in name of United States, in United States district court where found, conforming to proceedings in admiralty, with right to trial by jury, destruction or sale of adulterated or misbranded articles, bond and payment of proceeds into Treasury of United States. See sections 332, 334 and 337 of this title. EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 902(a) of act June 25, 1938, set out as a note under sections 1 to 5 of this title. ------DocID 28693 Document 404 of 463------ -CITE- 21 USC CHAPTER 14 -EXPCITE- TITLE 21 CHAPTER 14 -HEAD- CHAPTER 14 - ALCOHOL AND DRUG ABUSE EDUCATIONAL PROGRAMS AND ACTIVITIES ------DocID 28788 Document 405 of 463------ -CITE- 22 USC Sec. 14 to 23j -EXPCITE- TITLE 22 CHAPTER 1 -HEAD- Sec. 14 to 23j. Repealed. Aug. 13, 1946, ch. 957, title XI, Sec. 1131(4), (29), (40)-(50), (53), (59)-(63), 60 Stat. 1035 -MISC1- Section 14, act May 24, 1924, ch. 182, Sec. 20, formerly Sec. 13, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1209, related to private secretaries to ambassadors. Section 15, act May 24, 1924, ch. 182, Sec. 21, formerly Sec. 14, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1209; May 3, 1945, ch. 105, Sec. 9, 59 Stat. 104, related to assignment of officers for duty in Department of State or any other department or agency of the Government. See sections 961 to 963 of this title. Section 16, act May 24, 1924, ch. 182, Sec. 21, formerly Sec. 14, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1209; May 3, 1945, ch. 105, Sec. 9, 59 Stat. 104, related to assignment to special details. See sections 961 and 963 to 965 of this title. Section 17, act May 24, 1924, ch. 182, Sec. 22, formerly Sec. 15, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1210; Mar. 17, 1941, ch. 20, 55 Stat. 44, related to ordering of personnel to United States on statutory leave. See section 1148 of this title. Section 17a, act May 24, 1924, ch. 182, Sec. 22, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1210, related to leave of absence and sick leave. See sections 1148 to 1150 of this title, and section 6301 et seq. of Title 5, Government Organization and Employees. Section 18, acts July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, Sec. 23, formerly Sec. 16, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1210, related to appointment of Foreign Service officer as counselor of embassy or legation. Section 19, act May 24, 1924, ch. 182, Sec. 24, formerly Sec. 17, 43 Stat. 143, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1210, related to Foreign Service officers acting as commissioner, charge d'affaires, etc. See section 909 of this title. Section 20, R.S. Sec. 1685; acts Mar. 2, 1909, ch. 235, 35 Stat. 673; Feb. 5, 1915, ch. 23, Sec. 3, 38 Stat. 805; May 24, 1924, ch. 182, Sec. 17(25), 43 Stat. 143; Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1210, related to compensation of officer acting as charge d'affaires ad interim. See section 876 of this title. Section 21, acts May 24, 1924, ch. 182, Sec. 26, formerly Sec. 18, 43 Stat. 144; July 3, 1926, ch. 798, Sec. 1, 44 Stat. 902; Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1211; Apr. 24, 1939, ch. 84, Sec. 3, 53 Stat. 584; July 19, 1939, ch. 330, 53 Stat. 1067; Aug. 5, 1939, ch. 441, 53 Stat. 1208; Apr. 20, 1940, ch. 118, Sec. 1, 54 Stat. 143; Oct. 14, 1940, ch. 859, Sec. 4, 54 Stat. 1118; May 13, 1941, ch. 115, Sec. 1, 55 Stat. 189, eff. Aug. 1, 1941, related to retirement and disability system. See section 1061 et seq. of this title. Section 21a, act July 3, 1926, ch. 798, Sec. 2, 44 Stat. 903, related to retirement and disability rights of Chief of Division of Western European Affairs. See section 1063 of this title. Section 22, act May 24, 1924, ch. 182, Sec. 27, formerly Sec. 19, 43 Stat. 146, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1213, related to recall to active duty of retired officers. See section 915 of this title. Section 23, act May 24, 1924, ch. 182, Sec. 28, formerly Sec. 20, 43 Stat. 146, renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1213, related to making other laws applicable to Foreign Service officers. Section 23a, acts Feb. 23, 1931, ch. 276, Sec. 1, 46 Stat. 1207; May 3, 1945, ch. 105, Sec. 2, 59 Stat. 102, related to administrative, fiscal, and clerical personnel of Foreign Service. See sections 861 and 870 of this title. Section 23b, act Feb. 23, 1931, ch. 276, Sec. 2, 46 Stat. 1207, related to appointment to grade of senior clerk. See section 937 of this title. Section 23c, acts Feb. 23, 1931, ch. 276, Sec. 3, 46 Stat. 1207; Apr. 24, 1939, ch. 84, Sec. 1, 53 Stat. 583; May 3, 1945, ch. 105, Sec. 3, 59 Stat. 102, related to allowances at all posts to clerks to meet excessive costs of living. See section 1131 of this title, and sections 5923, 5924 of Title 5, Government Organization and Employees. Section 23d, act Feb. 23, 1931, ch. 276, Sec. 4, 46 Stat. 1207, related to appointment of clerks to serve in a diplomatic mission. See section 937 of this title. Section 23e, act Feb. 23, 1931, ch. 276, Sec. 5, 46 Stat. 1207, related to regulations governing clerks. See section 886 of this title. Section 23f, act May 24, 1924, ch. 182, Sec. 31, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1214, and amended May 3, 1945, ch. 105, Sec. 10, 59 Stat. 105, related to Board of Foreign Personnel. See sections 826 and 827 of this title. Section 23g, act May 24, 1924, ch. 182, Sec. 31, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1214, and amended May 3, 1945, ch. 105, Sec. 10, 59 Stat. 105, related to Chief of Division of Foreign Service personnel and Director of Office of Foreign Service. See section 821 of this title. Section 23h, act May 24, 1924, ch. 182, Sec. 32, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1214, and amended July 3, 1946, ch. 539, Sec. 5, 60 Stat. 427, related to Division of Foreign Service Personnel, efficiency ratings, etc. See sections 826, 827, and 861 et seq. of this title. Section 23i, act May 24, 1924, ch. 182, Sec. 33, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1215, and amended Apr. 24, 1939, ch. 84, Sec. 4, 53 Stat. 588, related to separation of officers from Service, retirement pay, and annuities. See section 1061 et seq. of this title. Section 23j, act May 24, 1924, ch. 182, Sec. 34, as added Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat. 1216, related to reduction of salary upon promotion to a higher grade. See section 882 of this title. EFFECTIVE DATE OF REPEAL Repeal effective three months after Aug. 13, 1946, see section 1141 of act Aug. 13, 1946. ------DocID 29010 Document 406 of 463------ -CITE- 22 USC Sec. 277d-14 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-14. Construction, operation, and maintenance on self-liquidating basis of facilities for generating hydroelectric energy -STATUTE- If agreement is concluded pursuant to section 277d-13 of this title for the construction of a major international storage dam the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude with the appropriate official or officials of Mexico an agreement consistent with article 7 of the treaty of February 3, 1944, for the construction, operation, and maintenance on a self-liquidating basis, for the United States share, of facilities for generating hydroelectric energy at said dam. If agreement for the construction of separate facilities for generating hydroelectric energy is concluded, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is directed to construct, operate, and maintain such self-liquidating facilities for the United States. -SOURCE- (Pub. L. 86-605, Sec. 2, July 7, 1960, 74 Stat. 360.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-16 of this title; title 16 section 460fff-1. ------DocID 29317 Document 407 of 463------ -CITE- 22 USC Sec. 290g-14 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER XXII -HEAD- Sec. 290g-14. Additional authorization for payment of United States contribution -STATUTE- (a) Contribution authorized The United States Governor of the Fund is authorized to contribute $315,000,000 to the fifth replenishment of the resources of the Fund, except that such authority shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. (b) Authorization of appropriations In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $315,000,000, for payment by the Secretary of the Treasury. -SOURCE- (Pub. L. 94-302, title II, Sec. 215, as added Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36.) -COD- CODIFICATION Section 215 of Pub. L. 94-302 is based on section 2 of H.R. 4645, One Hundredth Congress, as reported Sept. 28, 1988, and enacted into law by Pub. L. 100-461. ------DocID 29459 Document 408 of 463------ -CITE- 22 USC CHAPTER 14 -EXPCITE- TITLE 22 CHAPTER 14 -HEAD- CHAPTER 14 - FOREIGN SERVICE -MISC1- REPEAL OF CHAPTER Pub. L. 96-465, title II, Sec. 2205, Oct. 17, 1980, 94 Stat. 2159, repealed the Foreign Service Act of 1946 and related and miscellaneous provisions classified to this chapter. Pursuant to section 2403 of Pub. L. 96-465, set out as a note under section 3901 of this title, Pub. L. 96-465 is effective, except as otherwise provided, on Feb. 15, 1981. Notwithstanding repeal, however, of the provisions of this chapter, section 4172 of this title continues in force and effect the Foreign Service Act of 1946 and any other law repealed, modified, or affected by Pub. L. 96-465 for the purposes enumerated in such section 4172. REVISION OF LAWS Congress by the enactment of the Foreign Service Act of 1980, Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, classified principally to chapter 52 (Sec. 3901 et seq.) of this title, consolidated and revised the laws relating to the administration, etc., of the Foreign Service. Prior to the enactment of the Foreign Service Act of 1980, the Foreign Service Act of 1946 and related and miscellaneous provisions, which governed the Foreign Service, were classified to this chapter. Some former provisions of this chapter, prior to the enactment of the Foreign Service Act of 1946, had similar and related provisions classified to former chapter 1 of this title as follows: --------------------------------------------------------------------- Former Chapter 1 Former Chapter 14 --------------------------------------------------------------------- 1, 1a 801 2 801, 909 3 861-870 3a 995 4 906, 907 5 911, 912 6 906 7 993 8 Omitted 9 1036 10, 11 Omitted 12 1131 13 812 14 Omitted 15 961-963 16 963-965 17 1148 17a 1148-1150 18 Omitted 19 909 20 876 21 1061 et seq. 21a 1063 22 915 23 Omitted 23a 861, 870 23b 937 23c 1131 23d 937 23e 886 23f 826, 827 23g 821 23h 826, 827, 861 et seq. 23i 1061 et seq. 23j 882 23k 813 23l 814 24 805 31 901 32 900 et seq. 32a 866, 867 33 910 34 to 34c 901 35 936-939 36, 37 Omitted 38 805 39 803 40 802 41 901 note 51 Omitted 51a 938, 951 52 Omitted 53 1171 54 Omitted 55 908 56 936 57, 58 Omitted 71 Omitted 72 to 79 1172-1179 80 to 82 Omitted 83 to 98 1180-1195 99 Omitted 100 to 104 1196-1200 105 to 109 Omitted 121 881, 882 122, 123 Omitted 124 882 125 861 et seq. 126 806 127 1201 128 1202 129 Omitted 130 1082 130a 1136 130b 1136, 1138 131 1203 132 842, 843 133 Omitted 134 809 135 815 136 909 note ------------------------------- Provisions similar to those contained in the Foreign Service Act of 1946 and related and miscellaneous provisions formerly classified to this chapter are covered by various sections as follows: --------------------------------------------------------------------- Former Chapter 14 Present Title 22 --------------------------------------------------------------------- 801 3901 802 3902 803-806 3905 807 3905 808 Rep. 809 2697 810 2698 811 Rep. 811a 3921, 3928 812-814 4224-4226 815 Rep. 816 2701 817 2702 821 3928 822 Rep. 826 3930 827 3931 841 3904 842, 843 3926 846 3904 861 3903 866 3961 867 3961 et seq., 3981 et seq. 868 3964 869 3961 et seq. 870 3961 et seq., 3981 et seq. 871 3964, 3965 873 3969 876, 877 3971 881 3961 882 3964, 4001 886 3981 887, 888 Rep. 889 3968, 3970 890 3969 896 3972 900 3944 901 3942, 3982 901a, 902 3944 906 3945 907, 908 3952 909 3982 et seq. 910 3941 911 3942, 3946, 3947 912 3947 913 3941 et seq. 914 4053 915 3948 921 Omitted 922 3941, 3943, 3949 923 3942 et seq. 924 3952 925 Rep. 926 Omitted 927 3948 928 3950 929 3943, 3946, 4043 930-932 Omitted 936 3943, 3949 937 3982 et seq. 938 3952 939 3941 946 3943 947 Omitted 951 3943 956, 957 Rep. 961 3942, 3983, 3984 962 3984 963 3983, 3985 964 3983 965 Omitted 966 3983, 3984, 4081 967 Rep. 968 4022 981 Omitted 986 4003 987 4004 991 4001 992 4001 et seq. 993 4002, 4005, 4006 994 4001 995 3966 996 4003 1001, 1002 4052 1003 4007, 4008 1004 4009, 4060 1005 4011 1006 4051 1007 4010 1008 4011 1009 4026 1016 4001 1017 3966 1021, 1022 4010 1026 3968, 4001 1027, 1028, 1031 4012 1036 3929 1037 4131 et seq. 1037a 4131-4138 1037b 4139 1037c 4140 1041 4021 1042-1045 4024 1046 2697 1047 4024 1048 4024, 4025 1061-1064 4041-4044 1065 4067 1071 4045 1076 4046 1076a 4047 1077-1079s Omitted 1081 4048 1082 4049 1083 Rep. 1084 4050 1086 4044, 4055 1091 4056 1092 Rep. 1093 4057 1094 Rep. 1095 Omitted 1101 4058 1102 Rep. 1103-1106 4059-4062 1111 4063 1112 4064 1116 4065 1121 4066 1131 2704, 4085 1132, 1133 Rep. 1136 4081 1137 4082 1138 4081 1138a 2700 1139 2703 1140, 1146, 1147 Rep. 1148 4083 1149 4083 1150, 1151 Omitted 1156 4084 1157 4081 1158-1160 4084 1171-1195 4191-4215 1196 Rep. 1197 4216 1198 4217 1199 Rep. 1200-1204 4218-4222 ------------------------------- ------DocID 31495 Document 409 of 463------ -CITE- 24 USC Sec. 14 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 14. Establishment of Navy hospitals -STATUTE- The Secretary of the Navy shall procure at suitable places proper sites for Navy hospitals, and if the necessary buildings are not procured with the site, shall cause such to be erected, having due regard to economy, and giving preference to such plans as with most convenience and least cost will admit of subsequent additions, when the funds permit and circumstances require; and shall provide, at one of the establishments, a permanent asylum for disabled and decrepit Navy officers, seamen, and marines: Provided, That no sites shall be procured or hospital buildings erected or extensions to existing hospitals made unless authorized by Congress. -SOURCE- (R.S. Sec. 4810; Mar. 4, 1913, ch. 148, 37 Stat. 902.) -COD- CODIFICATION R.S. Sec. 4810 derived from acts Feb. 26, 1811, ch. 26, Sec. 3, 2 Stat. 650; July 10, 1832, ch. 194, Sec. 5, 4 Stat. 573. ------DocID 31690 Document 410 of 463------ -CITE- 25 USC Sec. 14 -EXPCITE- TITLE 25 CHAPTER 1 -HEAD- Sec. 14. Money accruing to Indians from Veterans' Administration or other governmental agencies -STATUTE- Any money accruing from the Veterans' Administration or other governmental agency to incompetent adult Indians, or minor Indians, who are recognized wards of the Federal Government, for whom no legal guardians or other fiduciaries have been appointed may be paid, in the discretion of the Administrator of Veterans' Affairs, or other head of a governmental bureau or agency, having such funds for payment, to such superintendent or other bonded officer of the Indian Service as the Secretary of the Interior shall designate, for the use of such beneficiaries, or to be paid to or used for, the heirs of such deceased beneficiaries, to be handled and accounted for by him with other moneys under his control, in accordance with existing law and the regulations of the Department of the Interior. -SOURCE- (Feb. 25, 1933, ch. 124, 47 Stat. 907.) -CHANGE- CHANGE OF NAME References to Administrator of Veterans' Affairs and to Veterans' Administration deemed to refer to Secretary of Veterans Affairs and to Department of Veterans Affairs, respectively, pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 783. ------DocID 32125 Document 411 of 463------ -CITE- 25 USC CHAPTER 14 -EXPCITE- TITLE 25 CHAPTER 14 -HEAD- CHAPTER 14 - MISCELLANEOUS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 441. Repealed. 442. Livestock loans; cash settlements. 443. Disposition of cash settlements. 443a. Conveyance to Indian tribes of federally owned buildings, improvements, or facilities; disposition of property by Indians; forfeiture; 'Indian' defined. 444 to 449. Repealed. SUBCHAPTER II - INDIAN SELF-DETERMINATION 450. Congressional statement of findings. (a) Findings respecting historical and special legal relationship, and resultant responsibilities. (b) Further findings. 450a. Congressional declaration of policy. (a) Recognition of obligation of United States. (b) Declaration of commitment. (c) Declaration of national goal. 450b. Definitions. 450c. Reporting and audit requirements for recipients of Federal financial assistance. (a) Maintenance of records. (b) Access to books, documents, papers, and records for audit and examination by Comptroller General, etc. (c) Availability by recipient of required reports and information to Indian people served or represented. (d) Repayment to Treasury by recipient of unexpended or unused funds. (e) Annual report to tribes. (f) Report by tribe requesting contract or grant; contents. 450d. Criminal activities involving grants, contracts, etc.; penalties. 450e. Contract or grant requirements. (a) Wage and labor standards. (b) Preferences for training, employment, and administration. 450e-1. Grant and cooperative agreements. 450f. Self-determination contracts. (a) Request by tribe; authorized programs. (b) Procedure upon refusal of request to contract. (c) Liability insurance; waiver of defense. (d) Tribal organizations and Indian contractors deemed part of Public Health Service. 450g. Repealed or Transferred. 450h. Grants to tribal organizations or tribes. (a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities. (b) Grants by Secretary of Health and Human Services for development, maintenance, etc., of health facilities or services and improvement of contract capabilities implementing hospital and health facility functions. (c) Use as matching shares for other similar Federal grant programs. (d) Technical assistance. (e) Grants for technical assistance and for planning, etc., Federal programs for tribe. 450i. Retention of Federal employee coverage, rights and benefits by employees of tribal organizations. (a) to (d) Omitted. (e) Eligible employees; Federal employee programs subject to retention. (f) Deposit by tribal organization of employee deductions and agency contributions in appropriate funds. (g) Election for retention by employee and tribal organization before date of employment by tribal organization; transfer of employee to another tribal organization. (h) 'Employee' defined. (i) Promulgation of implementation regulations by President. (j) Additional employee employment rights. (k), (l) Omitted. (m) Conversion to career appointment. 450j. Contract or grant provisions and administration. (a) Applicability of Federal contracting laws and regulations; waiver of requirements. (b) Payments; transfer of funds by Treasury for disbursement by tribal organization; accountability for interest accrued prior to disbursement. (c) Term of self-determination contracts; annual renegotiation. (d) Calendar year basis for contracts. (e) Effective date for retrocession of contract. (f) Use of existing school buildings, hospitals, and other facilities and equipment therein; acquisition and donation of excess or surplus Government personal property. (g) Performance of personal services. (h) Fair and uniform provision by tribal organization of services and assistance to covered Indians. 450j-1. Contract funding and indirect costs. (a) Amount of funds provided. (b) Reductions and increases in amount of funds provided. (c) Annual report. (d) Treatment of shortfalls in indirect cost recoveries. (e) Liability for indebtedness incurred before fiscal year 1992. (f) Limitation on remedies relating to cost disallowances. (g) Addition of indirect cost funding amount. (h) Indirect costs for contracts for construction programs. (i) Study and report on 'Indian Priority System'. 450k. Rules and regulations. (a) Authority of Secretaries of the Interior and of Health and Human Services to perform any and all acts and make necessary and proper rules and regulations. (b) Formulation, presentation, publication, and promulgation. (c) Revisions and amendments; procedures applicable. 450l. Transferred. 450m. Rescission of contract or grant and assumption of control of program, etc.; authority; grounds; procedure; correction of violation as prerequisite to new contract or grant agreement; construction with occupational safety and health requirements. 450m-1. Contract disputes and claims. (a) Civil actions; concurrent jurisdiction; relief. (b) Revision of contracts. (c) Application of laws to administrative appeals. (d) Application of Contract Disputes Act. (e) Application of subsection (d). 450n. Sovereign immunity and trusteeship rights unaffected. SUBCHAPTER III - CONTRACTS WITH STATES 451. Donations for Indians; use of gifts; annual report to Congress. 452. Contracts for education, medical attention, relief and social welfare of Indians. 453. Use of Government property by States and Territories. 454. Rules and regulations; minimum standards of service. 455. Contracts for education in public schools; submission of education plan by contractor as prerequisite; criteria for approval of plan by Secretary of the Interior; participation by non-Indian students. 456. Local committee of Indian parents in school districts having school boards composed of non-Indian majority. (a) Election; functions. (b) Revocation of contracts. 457. Reimbursement to school districts for educating non-resident students. 458. School construction, acquisition, or renovation contracts. (a) Authorization; prerequisites. (b) Eligibility requirements for assistance in federally-affected areas; applicability to projects in determining maximum amount, allocation, of funds, etc. (c) Eligibility of private schools to receive funds; maximum amount. (d) Duties of State education agencies pursuant to contracts. (e) Advisory consultations by Secretary with affected entities and governing bodies prior to contracts; applicability. (f) Evaluation and report to Congress of effectiveness of construction, etc., programs; scope and content of report. (g) Authorization of appropriations. 458a. General education contract and grant provisions and requirements; school district quality and standards of excellence. 458b. Availability of funds to agencies, institutions, and organizations. 458c. Rules and regulations. (a) Prerequisites for promulgation. (b) Revision and amendment. 458d. Eligibility for funds of tribe or tribal organization controlling or managing private schools. 458e. Supplemental assistance to funds provided to local educational agencies. SUBCHAPTER IV - CONVEYANCE OF SUBMARGINAL LAND 459. Submarginal lands of United States held in trust for specified Indian tribes. (a) Declaration; addition to reservations. (b) Imposition of conditions on conveyed lands; lands excepted from conveying authority. (c) Additional lands held in trust for specified Indian tribes. 459a. Designation of tribes. (a) Description of lands. (b) Publication in Federal Register of boundaries, etc.; estimation of acreages. 459b. Submarginal lands of United States held in trust for Stockbridge Munsee Indian Community. 459c. Existing rights of possession, contract, interest, etc. (a) Preservation; force and effect of mineral leases; rejection of pending applications for leases and return of advance rental payments. (b) Administration of lands. 459d. Gross receipts from conveyed lands. (a) Deposit to credit of tribe; nonapplicability. (b) Administration of gross receipts. 459e. Tax exemption for conveyed lands and gross receipts; distribution of gross receipts to tribal members. SUBCHAPTER V - PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES 461. Allotment of land on Indian reservations. 462. Existing periods of trust and restrictions on alienation extended. 462a. Omitted. 463. Restoration of lands to tribal ownership. (a) Protection of existing rights. (b) Papago Indians; permits for easements, etc. 463a. Extension of boundaries of Papago Indian Reservation. 463b. Purchase of private lands; limitations. 463c. Gift of lands by Arizona. 463d. Restoration of lands in Umatilla Indian Reservation to tribal ownership. 463e. Exchanges of land. 463f. Title to lands. 463g. Use of funds appropriated under section 465. 464. Transfer of restricted Indian lands or shares in assets of Indian tribes or corporation; exchange of lands. 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption. 465a. Receipt and purchase in trust by United States of land for Klamath Tribe Indians. 465b. 'Klamath Tribe of Indians' defined. 466. Indian forestry units; rules and regulations. 467. New Indian reservations. 468. Allotments or holdings outside of reservations. 469. Indian corporations; appropriation for organizing. 470. Revolving fund; appropriation for loans. 470a. Interest charges covered into revolving fund. 471. Vocational and trade schools; appropriation for tuition. 472. Standards for Indians appointed to Indian Office. 472a. Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions. (a) Establishment of retention categories for purposes of reduction-in-force procedures. (b) Reassignment of employees other than to positions in higher grades; authority to make determinations respecting. (c) Waiver of applicability in personnel actions; scope, procedures, etc. (d) Annual report respecting Indians qualifying for preference positions. (e) Placement of non-Indian employees in other Federal positions; assistance of Office of Personnel Management; cooperation of other Federal agencies; reporting requirements. (f) Definitions. 473. Application generally. 473a. Application to Alaska. 474. Continuation of allowances. 475. Claims or suits of Indian tribes against United States; rights unimpaired. 475a. Offsets of gratuities. 476. Organization of Indian tribes; constitution and bylaws; special election. (a) Adoption; effective date. (b) Revocation. (c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings. (d) Approval or disapproval by Secretary; enforcement. (e) Vested rights and powers; advisement of presubmitted budget estimates. 477. Incorporation of Indian tribes; charter; ratification by election. 478. Acceptance optional. 478-1. Mandatory application of sections 462 and 477. 478a. Procedure. 478b. Application of laws and treaties. 479. Definitions. 480. Indians eligible for loans. 481. Omitted. 482. Revolving fund; loans; regulations. 483. Sale of land by individual Indian owners. 483a. Mortgages and deeds of trust by individual Indian owners; removal from trust or restricted status; application to Secretary. 484. Conversion of exchange assignments of tribal lands on certain Sioux reservations into trust titles; trust and tax exemption. 485. Payment to assignment holders of moneys collected for use of subsurface rights. 486. Regulations. 487. Spokane Indian Reservation; consolidations of land. (a) Purchase, sale, and exchange. (b) Individual Indian trust lands. (c) Nontaxability. (d) Lands held by mortgage or deed of trust. (e) Acquisition and sale procedures; land purchase and consolidation program. 488. Agricultural loans to acquire land within reservations. 489. Title in trust to United States. 490. Tribal rights and privileges in connection with loans. 491. Mortgaged property governed by State law. 492. Interest rates and taxes. 493. Reduction of unpaid principal. (a) In general. (b) Fair market value. (c) Appeals. (d) Future applications. 494. Authorization of appropriations. SUBCHAPTER VI - INDIANS OF ALASKA 495. Annette Islands reserved for Metlakahtla Indians. 496, 497. Repealed. SUBCHAPTER VII - REINDEER INDUSTRY 500. Purpose. 500a. Acquisition of reindeer and other property. 500b. Filing claim of title to reindeer by nonnatives. 500c. Acceptance of gifts. 500d. Acceptance and expenditure of Federal funds. 500e. Revolving fund; moneys not to be covered into Treasury. 500f. Management of industry by Secretary; aim of management. 500g. Distribution of reindeer, property, and profits to natives. 500h. Grant of administrative powers to organizations of natives. 500i. Alienation of reindeer or interests; penalty. 500j. 'Reindeer' defined. 500k. Rules and regulations. 500l. Appointment of natives to administer industry. 500m. Use of public lands; violation. 500n. 'Natives of Alaska' defined. SUBCHAPTER VIII - INDIANS IN OKLAHOMA: PROMOTION OF WELFARE 501. Acquisition of agricultural and grazing lands for Indians; title to lands; tax exemption. 502. Purchase of restricted Indian lands; preference to Secretary of the Interior; waiver of preference. 503. Organization of tribes or bands; constitution; charter; right to participate in revolving credit fund. 504. Cooperative associations; charter; purposes; voting rights. 505. Amendment or revocation of charters; suits by and against associations. 506. Loans to individuals and groups; appropriation. 507. Availability and allocation of funds; royalties from mineral deposits. 508. Application of provisions to Osage County. 509. Rules and regulations; repeals. 510. Payment of gross production taxes; method. SUBCHAPTER IX - KLAMATH TRIBE: CAPITAL RESERVE FUND 530. Capital reserve fund; interest for administrative expenses. 531 to 535. Repealed. SUBCHAPTER X - KLAMATH TRIBE: DISPOSITION OF CERTAIN TRIBAL FUNDS 541. Creation of individual credits; authorized purchases. 542. Limitations on remainder of fund. 543. Liability of judgment funds for debts. 544. Creation of individual credits; authorized purchases. 545. Liability of judgment funds for debts. SUBCHAPTER XI - KLAMATH TRIBE: PAYMENTS IN LIEU OF ALLOTMENTS; INHERITANCE OF RESTRICTED PROPERTY 551. 'Klamath Tribe' defined. 552. Payments in lieu of allotments. 553. Deposit and expenditure of payments. 554. Disposition of payment on death of Indian. 555. Repealed. 556. Reversion of interest in property on death without heirs or devisees. SUBCHAPTER XII - KLAMATH TRIBE: FEES AND CHARGES 561, 562. Omitted. 563. Salaries and expenses for Klamath Tribe Officials. SUBCHAPTER XIII - KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION 564. Purpose. 564a. Definitions. 564b. Membership roll; closure; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 564c. Personal property rights; restrictions; tax exemption. 564d. Management specialists. (a) Employment; duties. (b) Availability of funds for expenditures; reimbursement of tribal funds. 564e. Sale of tribal property. (a) Transfer procedure. (b) Time limitation. (c) Effect on tribal members selling interests. 564f. Per capita payments to tribal members. 564g. Individual property. (a) Transfer of unrestricted control. (b) Removal of restrictions on sales or encumbrances; fee simple title. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owners. (d) Approval of exchanges or sales by Secretary. 564h. Property of deceased members. (a) Federal laws inapplicable to probate. (b) State, etc., laws applicable to probate. 564i. Transfer of federally owned property. 564j. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 564k. Loan transfers; collection by tribe. 564l. Klamath irrigation works. (a) Transfer of operation and maintenance. (b) Termination of construction costs deferment; recordation of lien. (c) Appropriation authorization. (d) Adjustment of reimbursable irrigation costs. (e) Applicable irrigation laws. 564m. Water and fishing rights. (a) Water rights; laws applicable to abandonment. (b) Fishing rights or privileges. 564n. Protection of minors, persons non compos mentis, and other members needing assistance; guardians; other adequate means; trusts; annuities; assistance factors; contests. 564o. Advances or expenditures from tribal funds. 564p. Execution by Secretary of patents, deeds, etc. 564q. Termination of Federal trust. (a) Publication; termination of Federal services; application of Federal and State laws. (b) Citizenship status unaffected. 564r. Termination of Federal powers over tribe. 564s. Set off of individual indebtedness; credit. 564t. Indian claims unaffected. 564u. Valid leases, permits, liens, etc., unaffected. 564v. Rules and regulations; tribal referenda. 564w. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. 564w-1. Klamath Indian Forest and Klamath Marsh. (a) Designation of boundaries. (b) Sales; terms and conditions. (c) Appraisals; notice to Congressional committees; appropriation; realization value; report to Congressional committees. (d) Unsold forest units and marsh lands; title after publication in Federal Register; aggregate realization value; appropriation. (e) Sale of retained lands to Secretary of Agriculture. (f) Klamath Forest National Wildlife Refuge; appropriation. (g) Homesites. (h) Administration of outstanding timber sales contracts. (i) Right of United States to use roads. 564w-2. Federal acquisition of tribal land. (a) Condemnation authority. (b) Initiation of action; authorization of appropriations. (c) Applicability of homesite provisions. 564x. Timber sales. SUBCHAPTER XIV - KLAMATH TRIBE: DISTRIBUTION OF JUDGMENT FUND 565. Authorization to distribute funds. 565a. Distribution to persons on final roll; payment of shares due living adults, deceased enrollees, adults under legal disabilities, persons in need of assistance, and minors. 565b. Time of payment; claims for shares of deceased enrollees. 565c. Disposition of funds remaining after distribution. 565d. Disposition of funds insufficient to justify further distribution. 565e. Costs. 565f. Taxes. 565g. Rules and regulations. SUBCHAPTER XIV-A - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION 566. Restoration of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) Certain rights not altered. (e) Modoc Indian Tribe of Oklahoma. 566a. Tribe Constitution and Bylaws. 566b. Conservation and development of lands. (a) In general. (b) Adoption of constitution. 566c. Hunting, fishing, trapping, and water rights. 566d. Transfer of land to be held in trust. 566e. Criminal and civil jurisdiction. 566f. Economic development. (a) Plan for economic self-sufficiency. (b) Consultation with State and local officials required. (c) Restrictions to be contained in plan. (d) Appendix to plan submitted to Congress. 566g. Definitions. 566h. Regulations. SUBCHAPTER XV - SHOSHONE TRIBE: DISTRIBUTION OF JUDGMENT FUND 571. Membership roll; preparation. 572. Payments to individuals; expenditure of payments. 573. Uses of judgment fund. (a) Purchase of lands. (b) Loan fund. (c) Productive enterprises. 574. Consolidation of lands. 575. Restoration of lands. 576. Purchase of lands; reimbursement of expenditures. 577. Liability of judgment funds for debts. 581. Disposition of funds. 582. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 583. Northwestern Bands of Shoshone Indians; credit of funds. 584. Apportionment of remaining funds; Shoshone-Bannock Tribes of the Fort Hall Reservation and the Shoshone Tribe of the Wind River Reservation. 585. Membership rolls; preparation; eligibility for enrollment; application; finality of determination. 586. Northwestern Band of Shoshone Indians; payment to enrollees; heirs or legatees; trust for minors and persons under legal disability. 587. Funds apportioned to Shoshone-Bannock Tribes of the Fort Hall Reservation. (a) Distribution to enrollees. (b) Determination of per capita share. (c) Trust for minors and persons under legal disability. (d) Remaining funds. 588. Shoshone Tribe of the Wind River Reservation; distribution of funds. 589. Tax exemption. 590. Rules and regulations. 590a. Shoshone-Bannock Tribes of the Fort Hall Reservation; credit of funds. 590b. Disposition of funds. 590c. Tax exemption; trusts for minors and persons under legal disability. SUBCHAPTER XVI - CHIPPEWA TRIBE OF MINNESOTA 591. Reservation of Chippewa National Forest lands for Minnesota Chippewa Tribe. 592. Withdrawal of tribal funds to reimburse United States; consent of Minnesota Chippewa Tribe; disposition of receipts. 593. Exchanges of allotted, restricted, and tribal lands for Chippewa National Forest lands. 594. Distribution of judgment funds; Mississippi Bands; Pillager and Lake Winnibigoshish Bands. 594a. Rules and regulations. SUBCHAPTER XVII - YAKIMA TRIBES 601. Membership roll; preparation; persons entitled to enrollment. 602. Application to Tribal Council on exclusion from roll; minors and incompetent persons. 603. Correction of membership roll. 604. Loss of membership and removal from roll. 605. Expulsion of members; review by Secretary. 606. Back pay and annuities on enrollment of new members. 607. Divestment of inheritance of non-members. (a) Procedure. (b) Time of election. (c) Interest of surviving spouse. 608. Purchase, sale, and exchange of land. (a) Authority of Secretary; manner and place. (b) Multiple ownership of land. (c) Acquisitions to be held in trust. (d) Terms and conditions. 608a. Sale of tribal trust lands, etc. (a) Title subsequent to sale. (b) Credit of proceeds to tribal funds. 608b. Rights of lessee. 608c. Regulations. 609. Action to determine title to judgment fund; claim of Confederated Tribes of the Colville Reservation; jurisdiction of Court of Claims. 609a. Tax exemption. 609b. Disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes. 609b-1. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability. 609c. Disbursement of minor's share of judgment funds. (a) Definitions. (b) Disbursement to parent of minor. (c) Disbursements under plan for best interest of minor. (d) Monthly reports. 609c-1. Tax exemption; eligibility for Federal assistance without regard to payments. SUBCHAPTER XVIII - SWINOMISH TRIBE 610. Purchase of lands within, adjacent to, or in close proximity to boundaries of Swinomish Indian Reservation. 610a. Sale or exchange of lands; money equalization payments. 610b. Title to lands; tax exemption; prohibition of restrictions. 610c. Mortgages or deeds in trust; law governing mortgage foreclosure or sale; United States as party; removal of cases: appeals. 610d. Moneys or credits for tribal purposes. 610e. Assignment of income. SUBCHAPTER XIX - SHOSHONE AND ARAPAHO TRIBES OF WYOMING 611. Division of trust fund on deposit in United States Treasury to joint credit of both tribes. 612. Establishment of trust fund for each tribe; transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments. 613. Advances or expenditures from tribal funds; emergency and educational loans; payments to individuals of tribes; per capita payments not subject to liens or claims; exception. SUBCHAPTER XX - PUEBLO AND CANONCITO NAVAJO INDIANS 621. Portions of tribal lands to be held in trust by the United States; remainder to become part of the public domain. 622. Exchange of tribal lands; title to lands. 623. Disbursement of deposits in the United Pueblos Agency. 624. Exchange of lands. (a) Authorization of Secretary; manner and place. (b) Reservation of minerals, easements, or rights of use. (c) Execution of title documents. (d) Title to lands. SUBCHAPTER XXI - NAVAJO AND HOPI TRIBES: REHABILITATION 631. Basic program for conservation and development of resources; projects; appropriations. 632. Character and extent of administration; time limit; reports on use of funds. 633. Preference in employment; on-the-job training. 634. Loans to Tribes or individual members; loan fund. 635. Disposition of lands. (a) Lease of restricted lands; renewals. (b) Lease, sale, or other disposition of lands owned in fee simple by Navajo Tribe. (c) Transfer of unallotted lands to tribally owned or municipal corporations. 636. Adoption of constitution by Navajo Tribe; method; contents. 637. Use of Navajo tribal funds. 638. Participation by Tribal Councils; recommendations. 639. Additional Social Security contributions to States. 640. Repealed. 640a. Navajo Community College; purpose. 640b. Grants. 640c. Study of facilities needs. (a) Contents; report to Congress. (b) Funding. (c) Inventory. 640c-1. Authorization of appropriations. (a) Construction grants. (b) Navajo Community College grants. (c) Funding requirements. 640c-2. Effect on other laws. 640c-3. Payments; interest. SUBCHAPTER XXII - NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND INTERESTS 640d. Mediator. (a) Appointment; duties; qualifications; termination of duties. (b) Nature of proceedings. (c) Interagency committee. (d) Liaison with Secretary. (e) Staff assistants and consultants. 640d-1. Negotiating teams. (a) Appointment; time; membership and certification; nature of authority. (b) Failure to select and certify. (c) First negotiating session; time and place; chairman; suggestions for procedure, agenda, and resolution of issues in controversy. (d) Failure to attend two consecutive sessions or bargain in good faith. (e) Disagreements within team. 640d-2. Implementation of agreements. (a) Full agreement. (b) Partial agreement. (c) Consistency with existing law. 640d-3. Default or failure to reach agreement; recommendations to District Court; final adjudication. 640d-4. Authorized recommendations for facilitation of agreement or report to District Court; discretionary nature of recommendations. 640d-5. Considerations and guidelines for preparation of report by Mediator and final adjudication by District Court. 640d-6. Joint ownership and management of coal, oil, gas and other minerals within or underlying partitioned lands; division of proceeds. 640d-7. Determination of tribal rights and interests in land. (a) Authorization to commence and defend actions in District Court. (b) Allocation of land to respective reservations upon determination of interests. (c) Actions for accounting, fair value of grazing, and claims for damages to land; determination of recovery; defenses. (d) Denial of Congressional interest in merits of conflicting claims; liability of United States. (e) Payment of legal fees, court costs and other expenses. (f) Provision of attorney fees for San Juan Southern Paiute Tribe. 640d-8. Allotments in severalty to Paiute Indians now located on lands; issue of patents declaring United States as trustee. 640d-9. Partitioned or other designated lands. (a) Lands to be held in trust for Navajo Tribe; exception. (b) Lands to be held in trust for Hopi Tribe. (c) Protection of rights and property of individuals subject to relocation. (d) Protection of benefits and services of individuals subject to relocation. (e) Tribal jurisdiction over partitioned lands. (f) Development of lands in litigation; exception. 640d-10. Resettlement lands for Navajo Tribe. (a) Transfer of lands under jurisdiction of Bureau of Land Management; State and private land exchanges; valuation; acquired private lands; lands to be held in trust. (b) Proximity of lands to be transferred or acquired to Navajo Reservation; lands to be used for exchanges. (c) Selection of lands to be transferred or acquired; time period; consultation; restriction of New Mexico lands. (d) Progress and status of land transfer program; reports to Congressional committees. (e) Entitlement lands payments. (f) Acquisition of title to surface and subsurface interest; time period; public notice; report to Congressional committees; rights of subsurface owner. (g) Lands not available for transfer. (h) Administration of lands transferred or acquired. (i) Negotiations regarding land exchanges or leases. 640d-11. Office of Navajo and Hopi Indian Relocation. (a) Establishment; Commissioner. (b) Appointment; term of office; compensation. (c) Transfer of powers, duties, and funds to Commissioner. (d) Powers of Commissioner; appointment and compensation of staff, personnel, etc.; temporary and intermittent services. (e) Administrative, fiscal, and housekeeping services; implementation of relocation plan; reasonable assistance by Federal departments or agencies; report to Congress. (f) Termination. 640d-12. Report concerning relocation of households and members of each tribe. 640d-13. Relocation of households and members. (a) Authorization; time of completion; prohibition of further settlement of nonmembers without written approval; limit on grazing of livestock. (b) Additional payments to heads of household; time. (c) Payments to or for any person moving into partitioned area after May 29, 1974. 640d-14. Relocation housing. (a) Purchase of habitation and improvements from head of household; fair market value. (b) Reimbursement for moving expenses; payment for replacement dwelling; limitations. (c) Establishment of standards consistent with other laws; payments to or for any person moving into partitioned area after specified time. (d) Methods of payment. (e) Disposal of acquired dwellings and improvements. (f) Preferential treatment for heads of households of Navajo Tribe evicted from Hopi Reservation by judicial decision; restriction. (g) Appeals of eligibility determinations. 640d-15. Payment of fair rental value for use of lands subsequent to date of partition. (a) Payment by Navajo Tribe. (b) Payment by Hopi Tribe. 640d-16. Title, possession, and enjoyment of lands. (a) Covered lands; jurisdiction of respective tribes over nonmembers. (b) Relocation of Federal employees. 640d-17. Actions for accounting, fair value of grazing, and claims for damages to land. (a) Authorization to commence and defend actions in District Court. (b) Defenses. (c) Further original, ancillary or supplementary actions to insure quiet enjoyment. (d) United States as party; judgments as claims against the United States. (e) Remedies. 640d-18. Reduction of livestock within joint use area. (a) Institution of conservation practices. (b) Survey location of monuments and fencing of boundaries. (c) Completion of surveying, monumenting, and fencing operations and livestock reduction program. 640d-19. Perpetual use of Cliff Spring as shrine for religious ceremonial purposes; boundary; piping of water for use by residents. 640d-20. Use and right of access to religious shrines on reservation of other tribe. 640d-21. Payments not to be considered as income for eligibility under any other Federal or federally assisted program or for assistance under Social Security Act or for revenue purposes. 640d-22. Authorization for exchange of reservation lands; availability of additional relocation benefits; restrictions. 640d-23. Separability. 640d-24. Authorization of appropriations. (a) Purposes; amounts. (b) Availability of sums. 640d-25. Discretionary fund to expedite relocation efforts. (a) Authorization of appropriations. (b) Authorized uses. (c) Funding and construction of Hopi high school and medical center. 640d-26. Implementation requirements. (a) Environmental impact provisions. (b) Transfer of public lands. 640d-27. Attorney fees, costs and expenses for litigation or court action. (a) Payment by Secretary; authorization of appropriations. (b) Award by court; reimbursement to Secretary. (c) Excess difference between award of court and award of Secretary treated as final judgment of Court of Claims. (d) Litigation of court actions applicable. 640d-28. Life estates. (a) Omitted. (b) Application for lease; contents; filing date; extension. (c) Application groupings. (d) Number of leases; priorities. (e) Area; allowable livestock; assistance by Secretary in feeding livestock. (f) Individuals permitted to reside; regulations. (g) Termination. (h) Relocation benefits upon voluntary relinquishment; compensation upon death of life tenant or surviving spouse; relocation of dependents. (i) Payment of fair market rental value. (j) Improvements. (k) Additional leases for Hopi heads of household. 640d-29. Restrictions on lobbying; exception. 640d-30. Navajo Rehabilitation Trust Fund. (a) Establishment. (b) Deposit of income into Fund. (c) Secretary as trustee; investment of funds. (d) Availability of funds; purposes. (e) Conceptual framework for expenditure of funds. (f) Termination of Trust Fund. (g) Authorization of appropriations; reimbursement of General Fund. 640d-31. Residence of families eligible for relocation assistance. SUBCHAPTER XXIII - HOPI TRIBE: INDUSTRIAL PARK 641. Congressional findings and declaration of purpose 642. Powers of Tribal Council. (a) Sale of lands. (b) Mortgages or deeds of trust; law governing mortgage foreclosure or sale; United States as party; removal of cases; appeals. (c) Pledge of revenue or other income to secure indebtedness for development of park; law governing action to enforce pledge; United States as party. (d) Issuance of bonds and payment of costs thereof; sale of bonds at public or private sale. (e) Appointment of bank or trust company as trustee for purposes of authorization and creation of issue of bonds; authority to commence action to enforce obligations to tribe without joining United States as party. (f) Entering business ventures as shareholder, or as limited partner with corporation, firm or person operating within park. (g) Lease of lands and improvements thereon. 643. Council's powers subject to approval by Secretary. 644. Bonds as valid and binding obligations. 645. Exemption from taxation. 646. Exempted securities. SUBCHAPTER XXIV - HUALAPAI TRIBE 647. Disposition of judgment fund; deductions; advances, expenditures, investments or reinvestments for authorized purposes. 648. Tax exemption. 649. Rules and regulations. SUBCHAPTER XXV - INDIANS OF CALIFORNIA 651. 'Indians of California' defined. 652. Claims against United States for appropriated lands; submission to United States Claims Court; appeal; grounds for relief. 653. Statutes of limitations unavailable against claims; amount of decree; set-off. 654. Claims presented by petition; filing date; amendment; signature and verification; official letters, documents, etc., furnished. 655. Reimbursement of State of California for necessary costs and expenses. 656. Judgment amount deposited in Treasury to credit of Indians; interest rate; use of fund. 657. Revision of roll of Indians. 658. Distribution of $150 from fund to each enrolled Indian. 659. Distribution of judgment fund. (a) Preparation of Indian roll. (b) Contents. (c) Application for enrollment. 660. Equal share distribution of 1964 appropriation. (a) Persons covered; amounts. (b) Persons excepted. 661. Equal share distribution of undistributed balance of 1945 appropriation. (a) Persons covered; amounts. (b) Credit to judgment account. 662. Heirs of deceased enrollees; tax exemption. 663. Rules and regulations; filing deadline. SUBCHAPTER XXVI - SOUTHERN UTE INDIAN TRIBE OF COLORADO 668. Sale of lands held by the United States. 669. Use of sale proceeds for purchase of real property only. 670. Mortgage or deed of trust of lands sold; United States as party to all proceedings. SUBCHAPTER XXVII - UTE INDIANS OF UTAH 671. Use of funds of the Ute Indian Tribe of the Uintah and Ouray Reservation for expenditure and per capita payments; regulations applicable to loans; restriction on attorney fees. 672. Division of trust funds; ratification of resolution; crediting of shares; release of United States from liability in certain cases. 673. Repealed. 674. Use of funds of the Ute Mountain Tribe of the Ute Mountain Reservation for expenditure and per capita payments; taxation of lands and funds; regulations applicable to loans. 675. Restriction on payment of funds for agents' or attorneys' fees. 676. Use of funds of Southern Ute Tribe of Southern Ute Reservation for expenditure and per capita payments; regulations applicable to loans. 676a. Distribution of judgment fund. 676b. Distribution of judgment fund; deductions; availability for certain uses. 676b-1. Tax exemption. SUBCHAPTER XXVIII - UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION OVER PROPERTY OF MIXED-BLOOD MEMBERS 677. Purpose. 677a. Definitions. 677b. Method of determining Ute Indian blood. 677c. Transfer of members from full-blood roll to mixed-blood group; time; certification by Secretary. 677d. Restriction of tribe to full-blood members after publication of final rolls; non-interest of mixed-blood members; new membership. 677e. Organization of mixed-blood members; constitution and bylaws; representatives; actions in absence of organization. 677f. Employment of legal counsel for mixed-blood members; fees. 677g. Membership rolls of full-blood and mixed-blood members; preparation and initial publication; appeal from inclusion or omission from rolls; finality of determination; final publication; inheritable interest; future membership. 677h. Sale or other disposition of certain described lands; funds; relief of United States from liability; assigned lands. 677i. Division of assets; basis; prior alienation or encumbrance; partition by Secretary upon nonagreement; assistance; management of claims and rights; division of net proceeds; applicability of usual processes of the law to originally owned stock of corporate representative and to corporate distributions. 677j. Advances or expenditures from tribal funds; restrictions on mixed-blood group until adoption of plan for terminating supervision. 677k. Adjustment of debts in making per capita payments to mixed-blood members; execution of mortgages on property. 677l. Distribution to individual members of mixed-blood group; preparation and approval of plan; assistance; provisions permitted in plan. 677m. Procedure by Secretary if distribution not completed within seven years from August 27, 1954. 677n. Disposal by mixed-blood members of their individual interests in tribal assets; requisites and conditions. 677o. Termination of restrictions on individually owned property of the mixed-blood group. (a) Transfer of control of trust property; removal of sales restrictions. (b) Partition or sale by Secretary prior to removal of restrictions. 677p. Tax exemption; exceptions and time limits; valuation for income tax on gains or losses. 677q. Applicability of decedents' estates laws to individual trust property of mixed-blood members. 677r. Indian claims unaffected. 677s. Valid leases, permits, liens, etc., unaffected. 677t. Water rights. 677u. Protection of minors, persons non compos mentis, and other members needing assistance; guardians. 677v. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws. 677w. Presentation of development program for full-blood group to eventually terminate Federal supervision. 677x. Citizenship status unaffected. 677y. Execution by Secretary of patents, deeds, etc. 677z. Rules and regulations; tribal or group referenda. 677aa. Procedure by Secretary upon non-agreement between mixed-blood and full-blood groups. SUBCHAPTER XXIX - RED LAKE BAND OF CHIPPEWA INDIANS OF MINNESOTA 681. Per capita payment to tribal members; rules and regulations. 682. Payment free of liens or claims. 683. Payments not 'other income and resources'. 684. Per capita payment to tribal members; installments; rules and regulations. 685. Payment free of liens or claims. 686. Payments not 'other income and resources'. 687. Per capita payment to tribal members; rules and regulations. 688. Payment free of liens or claims. 689. Payments not 'other income and resources.' 690. Distribution of judgment fund; tax exemption of per capita payments. SUBCHAPTER XXX - WESTERN OREGON INDIANS: TERMINATION OF FEDERAL SUPERVISION 691. Purpose. 692. Definitions. 693. Membership roll; preparation and initial publication; eligibility for enrollment; appeal from inclusion or omission from roll; finality of determination; final publication. 694. Personal property rights; restrictions. 695. Tribal property. (a) Procedure for transfer. (b) Property not transferred in accordance with recognized procedure; election to retain property. (c) Compensation of agents or attorneys. (d) Selection of trustees; approval by Secretary. 696. Individual property. (a) Transfer of unrestricted control. (b) Removal of restrictions on sales or encumbrances; fee simple title. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owners. 697. Property of deceased members. (a) Federal laws not applicable to probate. (b) State, etc., laws applicable to probate. 698. Transfer of federally owned property. 699. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 700. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means. 701. Advances or expenditures from tribal funds. 702. Execution by Secretary of patents, deeds, etc. 703. Termination of Federal trust. (a) Publication; termination of Federal services; application of Federal and State laws. (b) Citizenship status unaffected. (c) Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. 704. Omitted. 705. Offset of individual indebtedness; credit. 706. Indian claims unaffected. 707. Valid leases, permits, liens, etc., unaffected. 708. Rules and regulations; tribal referenda. SUBCHAPTER XXX-A - SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL SUPERVISION 711. Definitions. 711a. Federal recognition. (a) Extension; laws applicable; eligibility for Federal services and benefits. (b) Restoration of rights and privileges. (c) Hunting, fishing or trapping rights and tribal reservations not restored. (d) Effect on property rights or obligations, contractual rights or obligations, or obligations for taxes. 711b. Membership roll. (a) Opening; duty of Secretary, Interim Council, and tribal officials. (b) Prerequisites for inclusion. (c) Verification of descendancy, age, and blood; appeal; finality of determination; possession of enrollment records and materials. (d) Franchisement. 711c. Interim Council. (a) Nomination and election of members; notice; meetings; ballot requirements; approval by Secretary. (b) Powers of Council. (c) Council vacancies; notice; meeting; election. 711d. Tribal constitution and bylaws. (a) Election; time and procedure. (b) Pre-election distribution of proposed constitution and bylaws and brief impartial description; consultation by Interim Council with members of tribe. (c) Majority vote necessary for adoption of constitution and bylaws. (d) Election of tribal officials provided for in constitution and bylaws; ballot requirements. 711e. Reservation. (a) Establishment. (b) Plan; negotiation with tribe; approval by tribal officials; submittal to Congress. (c) Notification and consultation. (d) Provisions of plan. (e) Statement. 711f. Rules and regulations. SUBCHAPTER XXX-B - COW CREEK BAND OF UMPQUA TRIBE OF OREGON 712. Definitions. 712a. Extension of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) Effect on property rights and other obligations. 712b. Organization of tribe. (a) Organization and organic governing document. (b) New governing document or amendments or revisions of interim governing document; tribal election. (c) Approval of new governing document. (d) Interim governing document pending approval. 712c. Tribal membership. (a) Membership. (b) Preparation of membership roll by Secretary; individuals to be included. (c) Regulations governing application process. (d) Limitation; tribal discretion; additional requirements. (e) Governing body pending adoption of final document. 712d. Rules. SUBCHAPTER XXX-C - CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON 713. Definitions. 713a. Consideration of Confederated Tribes of Grand Ronde Community as one tribe. 713b. Restoration of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) No hunting, fishing or trapping rights restored. (e) Effect on property rights and other obligations. 713c. Interim Council. (a) Establishment. (b) Nomination and election of Interim Council members. (c) Authority and capacity; termination. (d) Vacancy on Interim Council. 713d. Tribal constitution and bylaws; tribal governing body. (a) Adoption of proposed constitution and bylaws; election time and procedure. (b) Notice and consultation. (c) Majority vote for adoption; procedure in event of failure to adopt proposed constitution. (d) Election of tribal governing body. 713e. Membership rolls; voting rights of member. (a) Membership roll established and opened. (b) Criteria governing eligibility. (c) Procedures for verification of eligibility. (d) Voting rights of member. 713f. Establishment of tribal reservation. (a) Plan for establishment of reservation. (b) Consultation with State and local officials required. (c) Restriction on plan. (d) Appendix to plan submitted to the Congress. 713g. Regulations. SUBCHAPTER XXX-D - CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS: RESTORATION OF FEDERAL SUPERVISION 714. Definitions. 714a. Extension of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Hunting, fishing, or trapping rights not granted or restored. (d) Effect on property rights and other obligations. 714b. Membership rolls. (a) Opening; duty of Interim Council and tribal officials. (b) Criteria for enrollment. (c) Verification of eligibility for enrollment; appeal; finality of determination; possession of enrollment records and materials. (d) Franchisement. 714c. Interim Council. 714d. Tribal constitution and bylaws. (a) Election; time and procedure. (b) Preelection distribution of proposed constitution and bylaws and brief, impartial description; consultation by Interim Council with members of Tribe. (c) Majority vote necessary for adoption of constitution and bylaws. (d) Election of tribal officials provided for in constitution and bylaws; ballot requirements. 714e. Reservation. (a) Establishment. (b) Legal description. (c) State of Oregon; criminal and civil jurisdiction. 714f. Regulations. SUBCHAPTER XXX-E - COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF FEDERAL SUPERVISION 715. Definitions. 715a. Restoration of Federal recognition, rights, and privileges. (a) Federal recognition. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) Hunting, fishing, trapping, and water rights. (e) Indian Reorganization Act applicability. (f) Certain rights not altered. 715b. Economic development. (a) Plan for economic development. (b) Restrictions to be contained in plan. 715c. Transfer of land to be held in trust. (a) Lands to be taken in trust. (b) Lands to be part of reservation. (c) Lands to be nontaxable. 715d. Criminal and civil jurisdiction. 715e. Membership rolls. (a) Compilation of tribal membership roll. (b) Criteria for enrollments. (c) Conclusive proof of Coquille ancestry and degree of Indian blood quantum. 715f. Interim government. 715g. Tribal constitution. (a) Election; time and procedure. (b) Election of tribal officials; procedures. SUBCHAPTER XXXI - ALABAMA AND COUSHATTA INDIANS OF TEXAS: TERMINATION OF FEDERAL SUPERVISION 721. Transfer of property to Texas. 722. Termination of Federal trust; publication; termination of Federal services; admission to hospitals and schools. 723. Termination of Federal powers over tribe. 724. Cancellation of indebtedness. 725. Revocation of corporate charter. 726. Applicability of Federal and State laws. 727. Citizenship status unaffected. 728. Protection of Alabama and Coushatta Indians and conservation of resources after issuance of proclamation. SUBCHAPTER XXXI-A - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS: RESTORATION OF FEDERAL SUPERVISION 731. Definitions. 732. Alabama and Coushatta Indian Tribes of Texas considered as one tribe. 733. Restoration of Federal trust relationship; Federal services and assistance. (a) Federal trust relationship. (b) Restoration of rights and privileges. (c) Federal benefits and services. (d) Effect on property rights and other obligations. 734. State and tribal authority. (a) State authority. (b) Current constitution and bylaws to remain in effect. (c) Authority and capacity of Tribal Council. 735. Adoption of new constitution and bylaws. 736. Provisions relating to tribal reservation. (a) Federal reservation established. (b) Conveyance of land by State. (c) Conveyance of land by tribe. (d) Approval of deed by Attorney General. (e) Permanent improvements authorized. (f) Civil and criminal jurisdiction within reservation. 737. Gaming activities. (a) In general. (b) No State regulatory jurisdiction. (c) Jurisdiction over enforcement against members. SUBCHAPTER XXXII - PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL SUPERVISION 741. Purpose. 742. Definitions. 743. Membership roll; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication. 744. Personal property rights; restrictions. 745. Tribal property. (a) Procedure for transfer; compensation of agents or attorneys. (b) Property not transferred in accordance with recognized procedure. (c) Selection of trustees; approval by Secretary; election to retain property. (d) Reservation of subsurface rights. 746. Individual property. (a) Transfer of unrestricted control. (b) Removal of restrictions on sales or encumbrances; fee simple title. (c) Multiple land ownership; partition; sale; election to purchase; unlocated owner. 747. Property of deceased members. (a) Federal laws inapplicable to probate. (b) State, etc., laws applicable to probate. 748. Transfer of federally owned property. 749. Taxes; initial exemption; taxes following distribution; valuation for capital gains and losses. 750. Indian claims unaffected. 751. Valid leases, permits, liens, etc., unaffected. 752. Water rights. 753. Protection of minors, persons non compos mentis and other members needing assistance; guardians; other adequate means. 754. Advances or expenditures from tribal funds. 755. Execution by Secretary of patents, deeds, etc. 756. Cancellation of indebtedness. 757. Termination of Federal trust. (a) Publication; termination of Federal services; application of Federal and State laws. (b) Citizenship status unaffected. 758. Status of Tribes. (a) Revocation of corporate charter. (b) Termination of Federal power. 759. Rules and regulations; tribal referenda. 760. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. SUBCHAPTER XXXII-A - PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL SUPERVISION 761. Definitions. 762. Federal restoration of supervision. (a) Trust relationship restored or confirmed; statutory provisions applicable; eligibility for Federal services and benefits. (b) Restoration of rights and privileges. (c) Hunting, fishing, or trapping rights not restored. (d) Effect on property rights or obligations, contractual rights or obligations, or obligations for taxes. 763. Membership roll. (a) Opening; establishment of accuracy. (b) Prerequisites for inclusion. (c) Verification of descendancy, age, and blood; procedures applicable. (d) Participation in elections and voting rights. 764. Interim Council. (a) Nomination and election of members; notice; meetings; ballot requirements; approval by Secretary. (b) Powers and authorities. (c) Vacancies; notice; meeting; election. 765. Tribal constitution and bylaws. (a) Election; time and preconditions. (b) Pre-election duties and functions of Interim Council. (c) Majority vote for adoption. (d) Election of tribal officials pursuant to constitution and bylaws; ballot requirements. 766. Tribal reservation. (a) Transfer of real property to Secretary; existing rights applicable and status of property subsequent to transfer; taxation. (b) Exercise of civil and criminal jurisdiction by Utah. (c) Plan for enlargement of reservation; negotiation; development; scope and approval. (d) Notification and consultative requirements for enlargement plan. (e) Contents of enlargement plan. (f) Statement appended to enlargement plan respecting implementation of notification and consultative requirements. 767. Legal claims barred for lands lost through tax or other sales since September 1, 1954. 768. Rules and regulations. SUBCHAPTER XXXIII - INDIAN TRIBES OF OREGON 771. Enrollment of descendants; determination of eligibility. 772. Per capita payments to tribal members; tax exemption. 773. Payments. (a) Enrollees, next of kin, or legatees. (b) Minors and persons under legal disability; guardians. (c) Payments not subject to debts; time limits. 774. Costs. 775. Rules and regulations. SUBCHAPTER XXXIV - CREEK NATION OF INDIANS 781. Distribution of funds. (a) Allotment equalization payments. (b) Per capita payments to enrollees, heirs, or legatees. (c) Judgment payments. 782. Payment to heirs or legatees. (a) Laws governing. (b) Proof of death and heirship or bequest. 783. Payments to minors or persons under legal disability; liens, exception; tax exemption. 784. Appropriations. 785. Rules and regulations. 786. Credit of unclaimed and unpaid share of funds. 787. Advances or expenditures from tribal funds. 788. Federal trust upon escheat of estates of members dying intestate without heirs. 788a. Disposition of judgment funds; preparation of Indian roll; eligibility. 788b. Distribution of funds; tax exemption; equal shares. 788c. Heirs of deceased enrollees. 788d. Rules and regulations. 788e. Disposition of judgment funds. (a) Preparation of Indian roll; eligibility. (b) Applications for enrollment. 788f. Distribution of funds; tax exemption; equal shares. 788g. Heirs of deceased enrollees. 788h. Rules and regulations. SUBCHAPTER XXXV - WYANDOTTE TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 791 to 807. Repealed. SUBCHAPTER XXXVI - PEORIA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 821 to 826. Repealed. SUBCHAPTER XXXVII - OTTAWA TRIBE OF OKLAHOMA: TERMINATION OF FEDERAL SUPERVISION 841 to 853. Repealed. SUBCHAPTER XXXVII-A - WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES OF OKLAHOMA: RESTORATION OF FEDERAL SUPERVISION 861. Federal recognition of Wyandotte, Ottawa, and Peoria Tribes. (a) Extension or confirmation. (b) Repeal of provisions terminating Federal supervision. (c) Tribal rights and privileges; reinstatement and continuation. (d) Continuation of property or contractual rights or obligations and tax obligations. 861a. Organization of tribes. (a) Modoc Tribe; extension of Federal recognition and assistance; applicability of provisions relating to Klamath Tribe; membership requirements. (b) Ottawa and Peoria Tribes; extension of Federal assistance. (c) Wyandotte Tribe; confirmation of validity of organization and continuation. 861b. Restoration of supervision as fulfilling other Federal statutory requirements. (a) Wyandotte, Peoria, and Ottawa Tribes; right or interest in tribal land. (b) Modoc Tribe; right or interest in tribal land. (c) Modoc Tribe; publication of notice in Federal Register of organization for purposes of compliance. 861c. Programs and services by United States; participation in by tribes as result of return to status as Indians. SUBCHAPTER XXXVIII - OTOE AND MISSOURIA INDIANS 871. Membership roll; preparation; eligibility for enrollment; finality of determination. 872. Per capita distribution to tribal members. 873. Per capita payments. (a) Enrollees, next of kin or legatees. (b) Minors and persons under legal disability. (c) Payments not subject to debts; tax exemption. 874. Costs. 875. Rules and regulations. 876. Advances or expenditures from tribal funds; tax exemption. SUBCHAPTER XXXIX - INDIANS OF OKLAHOMA 881. Potawatomi Indians; disposition of judgment fund; deductions; advances or expenditures for authorized purposes; tax exemption. 881a. Trusts and other procedures for protection of minors and persons under legal disability. 882. Sac and Fox Tribes; disposition of judgment fund; deductions; advances, expenditures, investments, or reinvestments for authorized purposes. 882a. Tax exemption. 883. Osage Tribe; disposition of judgment fund. (a) Persons eligible for allotments; excepted sums. (b) Education program; advances, expenditures, etc., for financing program. (c) Withdrawal of funds for payment of costs of carrying out provisions. 883a. Payment of allotments. (a) Living original allottees. (b) Distribution to heirs; heirship determinations; intestate succession; finality of determinations and distributions; reversion of minimal amounts. (c) Minors and persons under guardianship; rules and regulations. 883b. Per capita shares; filing claims; reversion of unclaimed shares. 883c. Income tax exemption. 883d. Rules and regulations. SUBCHAPTER XL - MENOMINEE TRIBE OF WISCONSIN: TERMINATION OF FEDERAL SUPERVISION 891 to 902. Repealed. SUBCHAPTER XLI - MENOMINEE TRIBE OF WISCONSIN: RESTORATION OF FEDERAL SUPERVISION 903. Definitions. 903a. Federal recognition. (a) Extension; laws applicable. (b) Repeal of provisions terminating Federal supervision; reinstatement of tribal rights and privileges. (c) Continuation of tribal rights and privileges. (d) Continuation of property or contractual rights or obligations and tax obligations. (e) Grants for services entitled to upon Federal recognition; terms and conditions; power of Menominee Restoration Committee. 903b. Menominee Restoration Committee. (a) Nomination and election of members; time and procedure; ballot requirements; approval by Secretary; powers of Committee. (b) Eligible voters; notice by Secretary of nominating meeting and election. (c) Membership roll; opening; revision procedure; prerequisites for inclusion; possession and maintenance of enrollment records and materials; appeal; finality of determination. 903c. Tribal constitution and bylaws. (a) Election; time and procedure. (b) Distribution by Menominee Restoration Committee prior to election of proposed constitution and bylaws and brief impartial description; consultations by Committee with persons entitled to vote. (c) Election of tribal officers provided for in constitution and bylaws; time and procedure for initial election; subsequent elections governed by constitution, bylaws and ordinances. (d) Majority vote necessary for passage and initial election of tribal governing body; minimum number of voters required to vote. (e) Revision of time periods pursuant to agreement of Secretary and Menominee Restoration Committee. 903d. Transfer of assets of Menominee Enterprises, Inc. (a) Negotiation and development of plan for assumption of assets; submittal of plan to Congress. (b) Acceptance of assets by Secretary; prerequisites; preexisting rights and obligations in assets; United States as trustee for land transferred; exemption from taxation for transfer of assets and assets transferred. (c) Transfer to Secretary of real property of Menominee Tribe members; necessity for transfer by Menominee owner or owners; preexisting rights and obligations in land; United States as trustee for land transferred; exemption from taxation for transfer of assets and assets transferred. (d) Consultation by Secretary and Menominee Restoration Committee with appropriate State and local government officials for nonimpairment of necessary governmental services upon transfer of assets. (e) Establishment of local government bodies, etc., by Wisconsin to provide necessary governmental services in Menominee County. 903e. Rules and regulations. 903f. Authorization of appropriations. SUBCHAPTER XLII - QUAPAW TRIBE: DISTRIBUTION OF JUDGMENT FUND 911. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination. 912. Per capita payments to enrollees, heirs or legatees; tax exemption. 913. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 914. Costs. SUBCHAPTER XLIII - CATAWBA TRIBE OF SOUTH CAROLINA: DIVISION OF ASSETS 931. Publication of notice of agreement to division of assets; closure of roll; preparation of roll; protests against inclusion or omission from roll; finality of determination; final publication. 932. Personal property rights; restrictions. 933. Distribution of assets. (a) Assets held in trust by State. (b) Designation of land for church, park, playground, or cemetery. (c) Appraisal of assets; improvements. (d) Assignee's option of selection; approval of selection by Secretary; title to assignment. (e) Selection by members having no assignment. (f) Sale and distribution of proceeds of assets not selected; bidding; member purchases; disposition of unsold assets. 934. Land surveys and execution of conveyances by Secretary; title of grantee. 935. Revocation of tribal constitution; termination of Federal services; application of Federal and State laws; citizenship status unaffected. 936. Rights, privileges, and obligations under South Carolina laws unaffected. 937. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 938. Education and training program; purposes; subjects; transportation; subsistence; contracts; other education programs. SUBCHAPTER XLIV - AGUA CALIENTE (PALM SPRINGS) RESERVATION OF CALIFORNIA: EQUALIZATION OF ALLOTMENTS 951. Authority to equalize allotments. 952. Members entitled to allotment; prohibition against further allotments. 953. Lands. (a) Determination of value of unallotted and allotted lands; exclusion of deceased allottees' allotments. (b) Lands not subject to allotment; distribution of revenues from mineral springs parcel. (c) Equalization for living members by allotment without regard to acreage limitations; creation of right by selection and approval; allotments made subject to laws and regulations. (d) Portions in airport subject to allotment unless sold; procedure for sale; payment of sale proceeds in lieu of allotment. 954. Powers and duties of guardians. (a) Appointment and continuance in office; notice to Secretary of State court proceedings; appearance. (b) Management and disposition of trust property and property subject to restrictions against alienation by guardians, conservators, or fiduciaries; approved activities; approval of activities. (c) Reports by guardians; failure or refusal to report; fraudulent, capricious, arbitrary or grossly erroneous reports; prosecution; appropriate relief. (d) Delivery to Secretary of money of property at termination of fiduciary relationship. (e) Use and disposition of money or property held in trust by the United States by the Secretary; consent by competent Indian; determination of competency; applicability of administrative procedure under title 5; time and place of hearing; judicial review. (f) Authority of the Secretary under other provisions unaffected. 955. Tax exemption. 956. Claims against allotments. (a) Assignment, sale, hypothecation, attachment or levy void unless approved. (b) Liens and lis pendens; legal services. 957. Allotments deemed full equalization. 958. Organization and transfer of title to legal entity. SUBCHAPTER XLV - OMAHA TRIBE: DISTRIBUTION OF JUDGMENT FUND 961. Membership roll; preparation; eligibility for enrollment; applications for enrollment; protests; finality of determination. 962. Membership roll; enrollment of children born after September 14, 1961. 963. Per capita distributions to tribal members; attorneys' fees and expenses; advances or expenditures from tribal funds; tax exemption. 964. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 965. Payments not subject to liens, debts, or claims; exception. 966. Costs. 967. Rules and regulations. 967a. Per capita payments to enrolled tribal members; use of balance of funds. 967b. Payments to minors and persons under legal disability; shares under certain amount to revert to tribe. 967c. Tax exemption. 967d. Rules and regulations. SUBCHAPTER XLVI - PONCA TRIBE OF NEBRASKA: TERMINATION OF FEDERAL SUPERVISION 971. Membership roll; preparation; eligibility for enrollment; protests against inclusion or omission from roll; finality of determination; publication of roll; publication of notice of agreement to division of assets; finality of roll. 972. Personal property rights; restrictions. 973. Distribution of assets. (a) Tribal assets; time limitation. (b) Designation of property for church, park, playground, or cemetery. (c) Homesites; market value; improvements. (d) Sale of assets not selected; bidding. (e) Proceeds and tribal funds for payment of tribal debts; distributive share; set off; member purchases of tribal property. 974. Sale of trust lands. (a) Requisite owners' request; time limitation; bidding; member purchases; reservation of mineral rights; representation of minors, incompetents and missing owners. (b) Removal of restrictions; title to lands. 975. Land surveys and execution of conveyances by Secretary; title of grantee. 976. Indian claims unaffected. 977. Rights, privileges, and obligations under Nebraska laws unaffected. 978. Taxes; initial exemption; taxes following distribution; valuation for capital gains or losses. 979. Expenses; appropriation authorization. 980. Termination of Federal trust; publication; termination of Federal services; application of Federal and State laws; citizenship status unaffected. SUBCHAPTER XLVI-A - PONCA TRIBE OF NEBRASKA: RESTORATION OF RIGHTS AND PRIVILEGES 983. Definitions. 983a. Federal recognition. 983b. Restoration of rights. (a) Rights abrogated or diminished. (b) Rights existing prior to restoration. (c) Acceptance by Secretary of real property transferred for benefit of Tribe; exemption from taxation. (d) Effect on existing rights and obligations. (e) Reservation status. 983c. Services. 983d. Interim government. 983e. Membership roll. (a) Accuracy pending adoption of tribal constitution. (b) Eligibility pending adoption of tribal constitution; appeal of exclusion. (c) Constitution as governing. 983f. Tribal constitution. (a) Adoption by secret ballot; absentee balloting. (b) Election of tribal officials. (c) Governing body treated as Indian tribal government for purposes of taxation. 983g. Regulations. 983h. Economic development plan. (a) Establishment; submittal to Congress. (b) Consultation with State and local officials. (c) Required provisions. (d) Statement regarding individuals consulted, and testimony or comments received by Secretary. SUBCHAPTER XLVII - CHEROKEE NATION: DISTRIBUTION OF JUDGMENT FUND 991. Per capita payments to tribal members; closure of rolls; appropriations; accrued interest; deductions. 992. Payments to adults, heirs or legatees; shares under certain amounts to revert to tribe; protection of minors and persons under legal disability. 993. Claims. (a) Time for filing; reversion of funds upon failure to file. (b) Use of reverted funds. 994. Tax exemption. 995. Payments not subject to liens, debts, or claims; exception. 996. Payments not 'other income and resources'. 997. Costs. 998. Rules and regulations. SUBCHAPTER XLVIII - SNAKE OR PAIUTE INDIANS OF OREGON: DISTRIBUTION OF JUDGMENT FUND 1011. Membership roll; preparation; eligibility for enrollment; time for filing application; finality of Secretary's determination. 1012. Authorization to withdraw, prorate and distribute funds. 1013. Distribution; persons entitled; considerations; tax exemption. 1014. Costs. 1015. Rules and regulations. SUBCHAPTER XLIX - SHAWNEE TRIBE OR NATION: DISTRIBUTION OF JUDGMENT FUND 1031. Disposition of funds. 1032. Absentee and Eastern Bands; authorization for use of funds by tribal governing bodies; approval of Secretary of the Interior. 1033. Cherokee Band; preparation of roll; eligibility for enrollment; rules and regulations. 1034. Cherokee Band; per capita distribution. 1035. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 1036. Taxes. 1037. Costs. 1038. Rules and regulations. SUBCHAPTER L - TILLAMOOK AND NEHALEM BANDS OF THE TILLAMOOK INDIANS: DISTRIBUTION OF JUDGMENT FUND 1051. Membership roll; preparation; eligibility for enrollment; filing of applications; finality of Secretary's decision. 1052. Distribution of funds; pro rata basis. 1053. Taxes. 1054. Costs. 1055. Rules and regulations. SUBCHAPTER LI - CONFEDERATED TRIBES OF THE COLVILLE RESERVATION: DISTRIBUTION OF JUDGMENT FUND 1071. Per capita payments to enrolled tribal members; tax exemption. 1072. Per capita distribution; limitation of $950 per share. 1073. Tax exemption; payments to minors and persons under legal disabilities. SUBCHAPTER LII - QUILEUTE AND HOH TRIBES OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1081. Division of funds on basis of tribal membership rolls; advances or expenditures from tribal funds. 1082. Membership rolls; preparation; eligibility for enrollment; relinquishment of membership with other tribes. 1083. Quileute base roll. 1084. Hoh base roll. 1085. Tribal organizational document: development and adoption. 1086. Advances or expenditures from tribal funds. 1087. Tax exemption. 1088. Rules and regulations. SUBCHAPTER LIII - NOOKSACK TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1101. Membership roll; preparation; eligibility for enrollment; filing of applications; finality of determination. 1102. Distribution of funds; persons entitled. 1103. Payments to enrollees, heirs or legatees; protection of minors and persons under legal disability; credits of shares under certain amounts; escheat. 1104. Tax exemption. 1105. Rules and regulations. SUBCHAPTER LIV - MIAMI INDIANS OF INDIANA AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1111. Distribution and use of funds. 1112. Advances or expenditures from funds of Miami Tribe of Oklahoma; persons entitled. 1113. Miami Indians of Indiana; membership roll; preparation; eligibility for enrollment. 1114. Miami Indians of Oklahoma; membership roll; preparation; eligibility for enrollment. 1115. Applications; place for filing; finality of determination. 1116. Distribution of funds of Miami Indians of Indiana; persons entitled. 1117. Distribution of funds of Miami Indians of Oklahoma; persons entitled. 1118. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 1119. Reserve funds for expenses. (a) Establishment. (b) Availability. 1120. Tax exemption; costs. 1121. Rules and regulations. 1122. Payment and distribution of judgment funds. 1123. Costs. 1124. Revision of enrollment list. 1125. Applications for enrollment. 1126. Equal distribution to individuals enrolled. 1127. Use of appropriated funds; approval by Secretary on receipt of recommendations from tribal governing body. 1128. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 1129. Tax exemption. 1130. Rules and regulations. SUBCHAPTER LV - DUWAMISH TRIBE OF WASHINGTON: DISTRIBUTION OF JUDGMENT FUND 1131. Membership roll; preparation; eligibility for enrollment; applications; place for filing; finality of determination. 1132. Equal share distribution; persons entitled. 1133. Payments to enrollees, heirs, or legatees; protection of minors and persons under legal disability; escheats. 1134. Tax exemption. 1135. Rules and regulations. SUBCHAPTER LVI - EMIGRANT NEW YORK INDIANS: DISTRIBUTION OF JUDGMENT FUND 1141. Distribution of funds; attorney's fees and expenses. 1142. Membership rolls; Oneida Tribe of Wisconsin; Stockbridge-Munsee Indian Community of Wisconsin; Brotherton Indians of Wisconsin. 1143. Assistance of Secretary in preparing membership rolls; applications for enrollment. 1144. Apportionment; ratio of apportioned shares. 1145. Disposition of apportioned shares. 1146. Federal and State income taxes. 1147. Rules and regulations. SUBCHAPTER LVII - UPPER AND LOWER CHEHALIS TRIBES: DISTRIBUTION OF JUDGMENT FUND 1151. Membership roll; preparation; eligibility for enrollment; applications; finality of determination. 1152. Distribution in equal shares. 1153. Payments to minors and persons under legal disabilities; escheats. 1154. Tax exemption. 1155. Rules and regulations. SUBCHAPTER LVIII - CHEYENNE-ARAPAHO INDIANS OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1161. Authorization for distribution of funds. 1162. Trust; education and scholarships; approval of agreement. 1163. Payments to enrollees, heirs or legatees; trust for minors and persons under legal disability; approval of agreement. 1164. Claims. (a) Time for filing; reversion of funds upon failure to file. (b) Use of reverted funds. 1165. Tax exemption. 1166. Costs. (a) Payment from judgment fund. (b) Use of reverted funds. 1167. Rules and regulations. SUBCHAPTER LIX - IOWA TRIBES OF KANSAS AND NEBRASKA AND OF OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1171. Distribution of funds; authorized spending; per capita payment; tax exemption. SUBCHAPTER LX - DELAWARE NATION OF INDIANS 1181. Distribution of judgment fund; preparation of Indian roll; eligibility. 1182. Division between Cherokee Delawares and the Delaware Tribe of Indians of Western Oklahoma. 1183. Equal share distribution. 1184. Heirs of deceased enrollees. 1185. Tax exemption. 1186. Rules and regulations. SUBCHAPTER LXI - CONFEDERATED TRIBES OF UMATILLA RESERVATION: DISTRIBUTION OF JUDGMENT FUND 1191. Per capita distribution; trusts for minors and incompetents; payments to heirs or legatees. 1192. Eligibility for per capita payments. 1193. Status of funds pending distribution. 1194. Per capita distributions as exempt from taxation. 1195. Disposition of funds withheld from per capita distribution. SUBCHAPTER LXII - SIOUX TRIBE OF MONTANA: DISTRIBUTION OF JUDGMENT FUND 1201. Per capita distributions to tribal members; attorney's fees, expenses, and other deductions; eligibility of members. 1202. Per capita shares; reversion to tribe; use of reverted funds. 1203. Protection of minors and persons under legal disability. 1204. Tax exemption. 1205. Amount of agreed contribution to joint account for expenditure for official salaries and expenses of Fort Peck Tribes; discretionary per capita distributions. SUBCHAPTER LXIII - TLINGIT AND HAIDA INDIANS OF ALASKA: DISTRIBUTION OF JUDGMENT FUND 1211. Distribution of fund; authorized spending; tax exemption. SUBCHAPTER LXIV - CONFEDERATED TRIBES OF WEAS, PIANKASHAWS, PEORIAS, AND KASKASKIAS: DISTRIBUTION OF JUDGMENT FUND 1221. Membership roll. (a) Preparation; eligibility for enrollment. (b) Applications; finality of determination. 1222. Disposition of funds: improvement and maintenance of Peoria Indian Cemetery; distribution of balance in equal shares. 1223. Distribution of shares. (a) Payments to enrollees, next of kin, or legatees. (b) Payments to minors or persons under legal disability. 1224. Subsequent judgment funds; distribution; preparation of current membership roll. 1225. Tax exemption. 1226. Shares not distributed within two years; unexpended funds; reversion; bar of claims. 1227. Rules and regulations. SUBCHAPTER LXV - CHEMEHUEVI TRIBE: DISTRIBUTION OF JUDGMENT FUND 1231. Persons eligible for equal share payments. 1232. Enrollment. (a) Preparation of roll; applications; finality of determination. (b) Dual awards. 1233. Payments to enrollees; per capita shares to heirs or legatees; trusts and other procedures for protection of minors and persons under legal disability. 1234. Tax exemption. 1235. Identity of eligibility roll and membership roll. 1236. Costs. SUBCHAPTER LXVI - PEMBINA BAND OF CHIPPEWA INDIANS: DISTRIBUTION OF JUDGMENT FUND 1241. Distribution of funds; attorney fees and expenses. 1242. Membership rolls; preparation; eligibility; excluded persons. 1243. Enrollment applications; filing; finality of determination. 1244. Apportionment of funds; members and descendents of Minnesota Chippewa Tribe, the Turtle Mountain Band of Chippewas of North Dakota, the Chippewa-Cree Tribe of Montana. 1245. Use of funds apportioned; approval by Secretary on receipt of recommendations from certain tribal organizations. 1246. Tax exemption. 1247. Payments to enrollees, heirs, or legatees; protection of the interests of minors and persons under legal disability. 1248. Rules and regulations. SUBCHAPTER LXVII - CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, MONTANA: DISTRIBUTION OF JUDGMENT FUND 1251. Distribution of funds; attorney fees and expenses. 1252. Tax exemption. 1253. Payments to minors. SUBCHAPTER LXVIII - BLACKFEET AND GROS VENTRE TRIBES: DISTRIBUTION OF JUDGMENT FUND 1261. Distribution of funds; attorney fees and expenses. 1262. Membership roll; per capita distribution; minors. 1263. Use of funds; authorization and approval. 1264. Tax exemption; Social Security eligibility. 1265. Rules and regulations. SUBCHAPTER LXIX - JICARILLA APACHE TRIBE: DISTRIBUTION OF JUDGMENT FUND 1271. Disposition of judgment funds. 1272. Protection of minors and persons under legal disability. 1273. Tax exemption. 1274. Rules and regulations. SUBCHAPTER LXX - HAVASUPAI TRIBE OF ARIZONA: DISTRIBUTION OF JUDGMENT FUND 1281. Disposition of funds. 1282. Tax exemption. 1283. Payments to adults; trusts for minors and persons under legal disability. 1284. Rules and regulations. SUBCHAPTER LXXI - DELAWARE TRIBE AND ABSENTEE DELAWARE TRIBE OF WESTERN OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1291. Disposition of funds. 1292. Membership roll requirements. 1293. Applications for enrollment; filing date and place; notice and appeal of rejections; review. 1294. Apportionment, credit, and disposition of funds. (a) Authority of Secretary. (b) Manner of payment. 1295. Payments to adults; trusts for minors and persons under legal disability. 1296. Income tax exemption. 1297. Rules and regulations. SUBCHAPTER LXXII - YAVAPAI APACHE TRIBE OF ARIZONA: DISTRIBUTION OF JUDGMENT FUND 1300. Distribution of funds; attorney fees and expenses. 1300a. Percentage of funds for Payson Indian Band. 1300a-1. Membership roll; preparation; eligibility for enrollment; verification; approval. 1300a-2. Apportionment of funds; advances, expenditures, investments, or reinvestments; utilization of funds for Payson Band. 1300a-3. Tax exemption; trusts and other procedures for protection of minors and persons under legal disability. 1300a-4. Rules and regulations. SUBCHAPTER LXXIII - KICKAPOO INDIANS OF KANSAS AND OKLAHOMA: DISTRIBUTION OF JUDGMENT FUND 1300b. Disposition of judgment funds; division of funds on basis of tribal membership rolls; net tribal credits. 1300b-1. Distribution of shares. (a) Per capita shares to tribal members. (b) Use of balance for advances, etc. 1300b-2. Approval of plans for use of money after submission to Congressional committees. 1300b-3. Per capital payments; trusts and other procedures for protection of minors and persons under legal disability. 1300b-4. Tax exemption. 1300b-5. Rules and regulations. SUBCHAPTER LXXIII-A - TEXAS BAND OF KICKAPOO INDIANS 1300b-11. Congressional findings and declaration of policy. (a) Findings. (b) Declarations. 1300b-12. Definitions. 1300b-13. Band roll. (a) Establishment; publication in Federal Register. (b) Report to Congress. (c) Citizenship for applicants. (d) Border crossing, living and working rights. 1300b-14. Land acquisition. (a) Statutory provisions applicable. (b) Authority of Secretary. 1300b-15. Jurisdiction. 1300b-16. Provision of Federal Indian services. (a) Eligibility for Federal Indian services. (b) Cooperation with Mexican Government and joint funding agreements for meeting special agricultural needs of the Band. SUBCHAPTER LXXIV - YANKTON SIOUX TRIBE: DISTRIBUTION OF JUDGMENT FUND 1300c. Distribution of funds; attorney fees and expenses. 1300c-1. Funds for expert witnesses and programing needs. 1300c-2. Membership roll; preparation; tribal constitional requirements. 1300c-3. Per capita distributions to tribal members; advances, expenditures, investments, or reinvestments for authorized purposes; trusts and other procedures for protection of minors and persons under legal disability. 1300c-4. Tax exemption. 1300c-5. Rules and regulations. SUBCHAPTER LXXV - MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT FUND 1300d. Distribution of funds; attorney fees and expenses. 1300d-1. Lower Council Sioux. (a) Membership rolls; applications. (b) Roll of lineal descendants; applications. 1300d-2. Apportionment of funds; deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes. 1300d-3. Upper Council Sioux. (a) Membership rolls; applications. (b) Roll of lineal descendants; applications. 1300d-4. Apportionment of funds. (a) Basis of apportionment. (b) Deposit in United States Treasury; per capita shares; advances, deposits, expenditures, investments, or reinvestments for approved purposes; programing proposals. (c) Per capita distribution to enrollees. 1300d-5. Citizenship requirement. 1300d-6. Election of group for enrollment. 1300d-7. Protection of minors and persons under legal disability. 1300d-8. Income tax exemption. 1300d-9. Rules and regulations. SUBCHAPTER LXXVI - ASSINIBOINE TRIBES OF MONTANA: DISTRIBUTION OF JUDGMENT FUND 1300e. Disposition of funds; percentage basis for division; attorney fees and expenses. 1300e-1. Per capita shares to members of Assiniboine Tribe of Fort Peck Reservation; deductions; eligibility for payments. 1300e-2. Expenditure of withheld funds for certain salaries and expenses; additional per capita distributions. 1300e-3. Per capita shares to members of Assiniboine Tribe of Fort Belknap Reservation; deductions; eligibility for payments. 1300e-4. Expenditure of withheld funds for authorized purposes; community projects; additional per capita distributions. 1300e-5. Per capita shares; reversion to tribe. 1300e-6. Income tax exemption; protection of minors and persons under legal disability. 1300e-7. Rules and regulations. SUBCHAPTER LXXVII - PASCUA YAQUI TRIBE 1300f. Status of Pascua Yaqui Indian people. (a) Eligibility for services and assistance. (b) Administration of lands; application of other laws. (c) Receipt in trust by United States of land for Pascua Yaqui Tribe; criminal and civil jurisdiction. 1300f-1. Tribal constitution and bylaws; review by Secretary; publication of documents and membership roll in Federal Register. 1300f-2. Membership of Tribe. SUBCHAPTER LXXVIII - YSLETA DEL SUR PUEBLO: RESTORATION OF FEDERAL SUPERVISION 1300g. Definitions. 1300g-1. Redesignation of tribe. 1300g-2. Restoration of Federal trust relationship; Federal services and assistance. (a) Federal trust relationship. (b) Restoration of rights and privileges. (c) Federal services and benefits. (d) Effect on property rights and other obligations. 1300g-3. State and tribal authority. (a) State authority. (b) Tribal authority. 1300g-4. Provisions relating to tribal reservation. (a) Federal reservation established. (b) Conveyance of land by State. (c) Conveyance of land by tribe. (d) Approval of deed by Attorney General. (e) Permanent improvements authorized. (f) Civil and criminal jurisdiction within reservation. (g) Acquisition of land by tribe after August 18, 1987. 1300g-5. Tiwa Indians Act repealed. 1300g-6. Gaming activities. (a) In general. (b) No State regulatory jurisdiction. (c) Jurisdiction over enforcement against members. 1300g-7. Tribal membership. (a) In general. (b) Removal from tribal roll. SUBCHAPTER LXXIX - LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS 1300h. Congressional findings. 1300h-1. Definitions. 1300h-2. Federal trust relationship. 1300h-3. Establishment of a Band roll. (a) Submission of membership roll. (b) Eligibility. (c) Maintenance of roll. (d) Future eligibility. 1300h-4. Organization of tribe; constitution and governing body. (a) Governing document. (b) Interim governing document. (c) Interim governing body. 1300h-5. Land acquisition; establishment of Federal reservation. 1300h-6. Distribution of funds. 1300h-7. Constitutional amendment. 1300h-8. Compliance with Budget Act. SUBCHAPTER LXXX - HOOPA-YUROK SETTLEMENT 1300i. Short title and definitions. (a) Short title. (b) Definitions. 1300i-1. Reservations; partition and additions. (a) Partition of the joint reservation. (b) Hoopa Valley Reservation. (c) Yurok Reservation. (d) Boundary clarifications or corrections. (e) Management of the Yurok Reservation. (f) Criminal and civil jurisdiction. 1300i-2. Preservation of Short cases. 1300i-3. Hoopa-Yurok Settlement Fund. (a) Establishment. (b) Distribution; investment. (c) Hoopa Valley Tribe portion. (d) Yurok Tribe portion. (e) Federal share. 1300i-4. Hoopa-Yurok Settlement Roll. (a) Preparation; eligibility criteria. (b) Right to apply; notice. (c) Application deadline. (d) Eligibility determination; final roll. (e) Effect of exclusion from roll. 1300i-5. Election of settlement options. (a) Notice of settlement options. (b) Hoopa tribal membership option. (c) Yurok tribal membership option. (d) Lump sum payment option. 1300i-6. Division of Settlement Fund remainder. 1300i-7. Hoopa Valley Tribe; confirmation of status. 1300i-8. Recognition and organization of the Yurok Tribe. (a) Yurok Tribe. (b) Interim Council; establishment. (c) General council; election of Interim Council. (d) Interim Council; authorities and dissolution. (e) Organization of Yurok Tribe. 1300i-9. Economic development. (a) Plan for economic self-sufficiency. (b) Consultation with State and local officials required. (c) Restrictions to be contained in plan. (d) Appendix to plan submitted to Congress. 1300i-10. Special considerations. (a) Estate for Smokers family. (b) Rancheria merger with Yurok Tribe. (c) Preservation of leasehold and assignment rights of rancheria residents. 1300i-11. Limitations of actions; waiver of claims. (a) Claims against partition of joint reservation. (b) Limitations on claims. (c) Report to Congress. ------DocID 32414 Document 412 of 463------ -CITE- 25 USC Sec. 640d-14 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-14. Relocation housing -STATUTE- (a) Purchase of habitation and improvements from head of household; fair market value The Commissioner shall purchase from the head of each household whose household is required to relocate under the terms of this subchapter the habitation and other improvements owned by him on the area from which he is required to move. The purchase price shall be the fair market value of such habitation and improvements as determined under section 640d-12(b)(2) (FOOTNOTE 1) of this title. (FOOTNOTE 1) See References in Text note below. (b) Reimbursement for moving expenses; payment for replacement dwelling; limitations In addition to the payments made pursuant to subsection (a) of this section, the Commissioner shall: (1) reimburse each head of a household whose household is required to relocate pursuant to this subchapter for the actual reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894) (42 U.S.C. 4622); (2) pay to each head of a household whose household is required to relocate pursuant to this subchapter an amount which, when added to the fair market value of the habitation and improvements purchased under subsection (a) of this section, equals the reasonable cost of a decent, safe, and sanitary replacement dwelling adequate to accommodate such household: Provided, That the additional payment authorized by this paragraph (2) shall not exceed $17,000 for a household of three or less and not more than $25,000 for a household of four or more, except that the Commissioner may, after consultation with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in housing development and construction costs, other than costs of land, during the preceding year: Provided further, That the additional payment authorized by this subsection shall be made only to a head of a household required to relocate pursuant to this subchapter who purchases and occupies such replacement dwelling not later than the end of the two-year period beginning on the date on which he receives from the Commissioner final payment for the habitation and improvements purchased under subsection (a) of this section, or on the date on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this paragraph (2) shall be used only for the purpose of obtaining decent, safe, and sanitary replacement dwellings adequate to accommodate the households relocated pursuant to this subchapter. (c) Establishment of standards consistent with other laws; payments to or for any person moving into partitioned area after specified time In implementing subsection (b) of this section, the Commissioner shall establish standards consistent with those established in the implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894) (42 U.S.C. 4601 et seq.). No payment shall be made pursuant to this section to or for any person who, later than one year prior to December 22, 1974, moved into an area partitioned pursuant to section 640d-7 of this title or section 640d-2 or 640d-3 of this title to a tribe of which he is not a member. (d) Methods of payment The Commissioner shall be responsible for the provision of housing for each household eligible for payments under this section in one of the following manners: (1) Should any head of household apply for and become a participant or homebuyer in a mutual help housing or other homeownership opportunity project undertaken under the United States Housing Act of 1937 (50 Stat. 888) as amended (42 U.S.C. 1437 et seq.), or in any other federally assisted housing program now or hereafter established, the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section shall be paid to the local housing agency or sponsor involved as a voluntary equity payment and shall be credited against the outstanding indebtedness or purchase price of the household's home in the project in a manner which will accelerate to the maximum extent possible the achievement by that household of debt free homeownership. (2) Should any head of household wish to purchase or have constructed a dwelling which the Commissioner determines is decent, safe, sanitary, and adequate to accommodate the household, the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section shall be paid to such head of household in connection with such purchase or construction in a manner which the Commissioner determines will assure the use of the funds for such purpose. (3) Should any head of household not make timely arrangements for relocation housing, or should any head of household elect and enter into an agreement to have the Commissioner construct or acquire a home for the household, the Commissioner may use the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section for the construction or acquisition (including enlargement or rehabilitation if necessary) of a home and related facilities for such household: Provided, That, the Commissioner may combine the funds for any number of such households into one or more accounts from which the costs of such construction or acquisition may be paid on a project basis and the funds in such account or accounts shall remain available until expended: Provided further, That the title to each home constructed or acquired by the Commissioner pursuant to this paragraph shall be vested in the head of the household for which it was constructed or acquired upon occupancy by such household, but this shall not preclude such home being located on land held in trust by the United States. (e) Disposal of acquired dwellings and improvements The Commissioner is authorized to dispose of dwellings and other improvements acquired or constructed pursuant to this subchapter in such manner, including resale of such dwellings and improvements to members of the tribe exercising jurisdiction over the area at prices no higher than the acquisition or construction costs, as best effects section 640d-7 of this title and the order of the District Court pursuant to section 640d-2 or 640d-3 of this title. (f) Preferential treatment for heads of households of Navajo Tribe evicted from Hopi Reservation by judicial decision; restriction Notwithstanding any other provision of law to the contrary, the Commissioner shall on a preferential basis provide relocation assistance and relocation housing under subsections (b), (c), and (d) of this section to the head of each household of members of the Navajo Tribe who were evicted from the Hopi Indian Reservation as a consequence of the decision in the case of United States v. Kabinto (456 F.2d 1087 (1972)): Provided, That such heads of households have not already received equivalent assistance from Federal agencies. (g) Appeals of eligibility determinations Notwithstanding any other provision of law, appeals from any eligibility determination of the Relocation Commission, irrespective of the amount in controversy, shall be brought in the United States District Court for the District of Arizona. -SOURCE- (Pub. L. 93-531, Sec. 15, Dec. 22, 1974, 88 Stat. 1719; Pub. L. 96-305, Sec. 7, July 8, 1980, 94 Stat. 932; Pub. L. 100-666, Sec. 4(b), 10, Nov. 16, 1988, 102 Stat. 3930, 3934.) -REFTEXT- REFERENCES IN TEXT Section 640d-12 of this title, referred to in subsec. (a), was amended generally by Pub. L. 100-666, Sec. 4(d), Nov. 16, 1988, 102 Stat. 3931, and as so amended, section 640d-12(b)(2) does not relate to fair market value of habitations and improvements. Provisions formerly contained in section 640d-12(b)(2) are covered in section 640d-12(b)(3). The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), referred to in subsec. (c), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified generally to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables. The United States Housing Act of 1937, referred to in subsec. (d)(1), is act Sept. 1, 1937, ch. 896, as restated generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. -MISC2- AMENDMENTS 1988 - Subsecs. (a) to (f). Pub. L. 100-666, Sec. 4(b), substituted 'Commissioner' for 'Commission' wherever appearing. Subsec. (g). Pub. L. 100-666, Sec. 10, added subsec. (g). 1980 - Subsec. (f). Pub. L. 96-305 added subsec. (f). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 640d-13, 640d-22, 640d-24, 640d-28 of this title. ------DocID 32925 Document 413 of 463------ -CITE- 25 USC Sec. 1300b-14 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER LXXIII-A -HEAD- Sec. 1300b-14. Land acquisition -STATUTE- (a) Statutory provisions applicable The Act of June 18, 1934 (48 Stat. 984) (25 U.S.C. 461 et seq.), is hereby made applicable to the Band: Provided, however, That the Secretary is only authorized to exercise his authority under section 5 of that Act (25 U.S.C. 465) with respect to lands located in Maverick County, Texas. (b) Authority of Secretary The Secretary is authorized and directed to accept no more than one hundred acres of land in Maverick County, Texas which shall be offered for the benefit of the Band with the approval of the Tribe. Nothing in this subsection shall be construed as limiting the authority of the Secretary under section 5 of the Act of June 18, 1934 (48 Stat. 985) (25 U.S.C. 465). -SOURCE- (Pub. L. 97-429, Sec. 5, Jan. 8, 1983, 96 Stat. 2270.) -REFTEXT- REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (Sec. 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables. ------DocID 34612 Document 414 of 463------ -CITE- 26 USC CHAPTER 14 -EXPCITE- TITLE 26 Subtitle B CHAPTER 14 -HEAD- CHAPTER 14 - SPECIAL VALUATION RULES -MISC1- Sec. 2701. Special valuation rules in case of transfers of certain interests in corporations or partnerships. 2702. Special valuation rules in case of transfers of interests in trusts. 2703. Certain rights and restrictions disregarded. 2704. Treatment of certain lapsing rights and restrictions. ------DocID 36099 Document 415 of 463------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Form 14 -EXPCITE- TITLE 26 APPENDIX TITLE XXVI -HEAD- Form 14. Notice of election to intervene *** ILLUSTRATIONS OR TABLE DATA OMITTED *** -STATUTE- SAVE PAGE FOR ILLUSTRATION ------DocID 36990 Document 416 of 463------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 14 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE III -HEAD- Rule 14. Applicability of other rules to review of decisions of the Tax Court -STATUTE- All provisions of these rules are applicable to review of a decision of the Tax Court, except that Rules 4-9, Rules 15-20, and Rules 22 and 23 are not applicable. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The proposed rule continues the present uniform practice of the circuits of regulating review of decisions of the Tax Court by the general rules applicable to appeals from judgments of the district courts. -CROSS- CROSS REFERENCES Courts of review; jurisdiction and venue, see section 7482 of Title 26, Internal Revenue Code. Finality of decision on mandate of court of appeals, see section 7481 of Title 26. Notice of appeal, see section 7483 of Title 26. Rules of practice before the United States Tax Court, see provisions following section 7453 of Title 26. ------DocID 37054 Document 417 of 463------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 14 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE III -HEAD- Rule 14. Third-Party Practice -STATUTE- (a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided in Rule 12 and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. The third-party complaint, if within the admiralty and maritime jurisdiction, may be in rem against a vessel, cargo, or other property subject to admiralty or maritime process in rem, in which case references in this rule to the summons include the warrant of arrest, and references to the third-party plaintiff or defendant include, where appropriate, the claimant of the property arrested. (b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so. (c) Admiralty and Maritime Claims. When a plaintiff asserts an admiralty or maritime claim within the meaning of Rule 9(h), the defendant or claimant, as a third-party plaintiff, may bring in a third-party defendant who may be wholly or partly liable, either to the plaintiff or to the third-party plaintiff, by way of remedy over, contribution, or otherwise on account of the same transaction, occurrence, or series of transactions or occurrences. In such a case the third-party plaintiff may also demand judgment against the third-party defendant in favor of the plaintiff, in which event the third-party defendant shall make any defenses to the claim of the plaintiff as well as to that of the third-party plaintiff in the manner provided in Rule 12 and the action shall proceed as if the plaintiff had commenced it against the third-party defendant as well as the third-party plaintiff. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Third-party impleader is in some aspects a modern innovation in law and equity although well known in admiralty. Because of its many advantages a liberal procedure with respect to it has developed in England, in the Federal admiralty courts, and in some American State jurisdictions. See English Rules Under the Judicature Act (The Annual Practice, 1937) O. 16A, r.r. 1-13; United States Supreme Court Admiralty Rules (1920), Rule 56 (Right to Bring in Party Jointly Liable); Pa.Stat.Ann. (Purdon, 1936) Title 12, Sec. 141; Wis.Stat. (1935) Sec. 260.19, 260.20; N.Y.C.P.A. (1937) Sec. 193 (2), 211(a). Compare La.Code Pract. (Dart, 1932) Sec. 378-388. For the practice in Texas as developed by judicial decision, see Lottman v. Cuilla, 288 S.W. 123, 126 (Tex., 1926). For a treatment of this subject see Gregory, Legislative Loss Distribution in Negligence Actions (1936); Shulman and Jaegerman, Some Jurisdictional Limitations on Federal Procedure (1936), 45 Yale L.J. 393, 417, et seq. Third-party impleader under the conformity act has been applied in actions at law in the Federal courts. Lowry and Co., Inc., v. National City Bank of New York, 28 F.2d 895 (S.D.N.Y., 1928); Yellow Cab Co. of Philadelphia v. Rodgers, 61 F.2d 729 (C.C.A.3d, 1932). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The provisions in Rule 14(a) which relate to the impleading of a third party who is or may be liable to the plaintiff have been deleted by the proposed amendment. It has been held that under Rule 14(a) the plaintiff need not amend his complaint to state a claim against such third party if he does not wish to do so. Satink v. Holland Township, D.N.J. 1940, 31 F.Supp. 229, noted, 1940, 88 U.Pa.L.Rev. 751; Connelly v. Bender, E.D.Mich. 1941, 46 F.Supp. 368; Whitmire v. Partin (Milton), E.D.Tenn. 1941, 2 F.R.D. 83, 5 Fed.Rules Serv. 14a.513, Case 2; Crim v. Lumbermen's Mutual Casualty Co., D.D.C. 1939, 26 F.Supp. 715; Carbola Chemical Co., Inc. v. Trundle, S.D.N.Y. 1943, 3 F.R.D. 502, 7 Fed.Rules Serv. 14a.224, Case 1; Roadway Express, Inc. v. Automobile Ins. Co. of Hartford, Conn. (Providence Washington Ins. Co.), N.D.Ohio 1945, 8 Fed.Rules Serv. 14a.513, Case 3. In Delano v. Ives, E.D.Pa. 1941, 40 F.Supp. 672, the court said: '. . . the weight of authority is to the effect that a defendant cannot compel the plaintiff, who has sued him, to sue also a third party whom he does not wish to sue, by tendering in a third party complaint the third party as an additional defendant directly liable to the plaintiff.' Thus impleader here amounts to no more than a mere offer of a party to the plaintiff, and if he rejects it, the attempt is a time-consuming futility. See Satink v. Holland Township, supra; Malkin v. Arundel Corp., D.Md. 1941, 36 F.Supp. 948; also Koenigsberger, Suggestions for Changes in the Federal Rules of Civil Procedure, 1941, 4 Fed.Rules Serv. 1010. But cf. Atlantic Coast Line R. Co. v. United States Fidelity & Guaranty Co., M.D.Ga. 1943, 52 F.Supp. 177. Moreover, in any case where the plaintiff could not have joined the third party originally because of jurisdictional limitations such as lack of diversity of citizenship, the majority view is that any attempt by the plaintiff to amend his complaint and assert a claim against the impleaded third party would be unavailing. Hoskie v. Prudential Ins. Co. of America (Lorrac Real Estate Corp.), E.D.N.Y. 1941, 39 F.Supp. 305; Johnson v. G. J. Sherrard Co. (New England Telephone & Telegraph Co.), D.Mass. 1941, 5 Fed.Rules Serv. 14a.511, Case 1, 2 F.R.D. 164; Thompson v. Cranston, W.D.N.Y. 1942, 6 Fed.Rules Serv. 14a.511, Case 1, 2 F.R.D. 270, aff'd C.C.A.2d, 1942, 132 F.2d 631, cert. den., 1943, 319 U.S. 741, 63 S.Ct. 1028; Friend v. Middle Atlantic Transportation Co., C.C.A.2d, 1946, 153 F.2d 778, cert. den., 1946, 66 S.Ct. 1370; Herrington v. Jones, E.D.La. 1941, 5 Fed.Rules Serv. 14a.511, Case 2, 2 F.R.D. 108; Banks v. Employers' Liability Assurance Corp. (Central Surety & Ins. Corp.), W.D.Mo. 1943, 7 Fed.Rules Serv. 14a.11, Case 2; Saunders v. Baltimore & Ohio R. Co., S.D.W.Va. 1945, 9 Fed.Rules Serv. 14a.62, Case 2; Hull v. United States Rubber Co. (Johnson Larsen & Co.), E.D.Mich. 1945, 9 Fed.Rules Serv. 14a.62, Case 3. See also concurring opinion of Circuit Judge Minton in People of State of Illinois for use of Trust Co. of Chicago v. Maryland Casualty Co., C.C.A.7th, 1942, 132 F.2d 850, 853. Contra: Sklar v. Hayes (Singer), E.D.Pa. 1941, 4 Fed.Rules Serv. 14a.511, Case 2, 1 F.R.D. 594. Discussion of the problem will be found in Commentary, Amendment of Plaintiff's Pleading to Assert Claim Against Third-Party Defendant, 1942, 5 Fed.Rules Serv. 811; Commentary, Federal Jurisdiction in Third-Party Practice, 1943, 6 Fed.Rules Serv. 766; Holtzoff, Some Problems Under Federal Third-Party Practice, 1941, 3 La.L.Rev. 408, 419-420; 1. Moore's Federal Practice, 1938, Cum.Supplement Sec. 14.08. For these reasons therefore, the words 'or to the plaintiff' in the first sentence of subdivision (a) have been removed by the amendment; and in conformance therewith the words 'the plaintiff' in the second sentence of the subdivision, and the words 'or to the third-party plaintiff' in the concluding sentence thereof have likewise been eliminated. The third sentence of Rule 14(a) has been expanded to clarify the right of the third-party defendant to assert any defenses which the third-party plaintiff may have to the plaintiff's claim. This protects the impleaded third-party defendant where the third-party plaintiff fails or neglects to assert a proper defense to the plaintiff's action. A new sentence has also been inserted giving the third-party defendant the right to assert directly against the original plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. This permits all claims arising out of the same transaction or occurrence to be heard and determined in the same action. See Atlantic Coast Line R. Co. v. United States Fidelity & Guaranty Co., M.D.Ga. 1943, 52 F.Supp. 177. Accordingly, the next to the last sentence of subdivision (a) has also been revised to make clear that the plaintiff may, if he desires, assert directly against the third-party defendant either by amendment or by a new pleading any claim he may have against him arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. In such a case, the third-party defendant then is entitled to assert the defenses, counter-claims and cross-claims provided in Rules 12 and 13. The sentence reading 'The third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff, as well as of his own to the plaintiff, or to the third-party plaintiff' has been stricken from Rule 14(a), not to change the law, but because the sentence states a rule of substantive law which is not within the scope of a procedural rule. It is not the purpose of the rules to state the effect of a judgment. The elimination of the words 'the third-party plaintiff, or any other party' from the second sentence of Rule 14(a), together with the insertion of the new phrases therein, are not changes of substance but are merely for the purpose of clarification. NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT Under the amendment of the initial sentences of the subdivision, a defendant as a third-party plaintiff may freely and without leave of court bring in a third-party defendant if he files the third-party complaint not later than 10 days after he serves his original answer. When the impleader comes so early in the case, there is little value in requiring a preliminary ruling by the court on the propriety of the impleader. After the third-party defendant is brought in, the court has discretion to strike the third-party claim if it is obviously unmeritorious and can only delay or prejudice the disposition of the plaintiff's claim, or to sever the third-party claim or accord it separate trial if confusion or prejudice would otherwise result. This discretion, applicable not merely to the cases covered by the amendment where the third-party defendant is brought in without leave, but to all impleaders under the rule, is emphasized in the next-to-last sentence of the subdivision, added by amendment. In dispensing with leave of court for an impleader filed not later than 10 days after serving the answer, but retaining the leave requirement for impleaders sought to be effected thereafter, the amended subdivision takes a moderate position on the lines urged by some commentators, see Note, 43 Minn.L.Rev. 115 (1958); cf. Pa.R.Civ.P. 2252-53 (60 days after service on the defendant); Minn.R.Civ.P. 14.01 (45 days). Other commentators would dispense with the requirement of leave regardless of the time when impleader is effected, and would rely on subsequent action by the court to dismiss the impleader if it would unduly delay or complicate the litigation or would be otherwise objectionable. See 1A Barron & Holtzoff, Federal Practice & Procedure 649-50 (Wright ed. 1960); Comment, 58 Colum.L.Rev. 532, 546 (1958); cf. N.Y.Civ.Prac. Act Sec. 193-a; Me.R.Civ.P. 14. The amended subdivision preserves the value of a preliminary screening, through the leave procedure, of impleaders attempted after the 10-day period. The amendment applies also when an impleader is initiated by a third-party defendant against a person who may be liable to him, as provided in the last sentence of the subdivision. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Rule 14 was modeled on Admiralty Rule 56. An important feature of Admiralty Rule 56 was that it allowed impleader not only of a person who might be liable to the defendant by way of remedy over, but also of any person who might be liable to the plaintiff. The importance of this provision was that the defendant was entitled to insist that the plaintiff proceed to judgment against the third-party defendant. In certain cases this was a valuable implementation of a substantive right. For example, in a case of ship collision where a finding of mutual fault is possible, one ship- owner, if sued alone, faces the prospect of an absolute judgment for the full amount of the damage suffered by an innocent third party; but if he can implead the owner of the other vessel, and if mutual fault is found, the judgment against the original defendant will be in the first instance only for a moiety of the damages; liability for the remainder will be conditioned on the plaintiff's inability to collect from the third-party defendant. This feature was originally incorporated in Rule 14, but was eliminated by the amendment of 1946, so that under the amended rule a third party could not be impleaded on the basis that he might be liable to the plaintiff. One of the reasons for the amendment was that the Civil Rule, unlike the Admiralty Rule, did not require the plaintiff to go to judgment against the third-party defendant. Another reason was that where jurisdiction depended on diversity of citizenship the impleader of an adversary having the same citizenship as the plaintiff was not considered possible. Retention of the admiralty practice in those cases that will be counterparts of a suit in admiralty is clearly desirable. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Third party answer, service of third party complaint, see rule 7. Third party claim - Dismissal of, see rule 41. Joinder, see rule 18. Judgment on less than all claims, see rule 54. Requisites, see rule 8. Separate trial, see rule 42. Third party complaint, leave to summon person not an original party, see rule 7. Third party plaintiff, default judgment against, see rule 55. Third party tort liability to United States for hospital and medical care, see section 2651 et. seq. of Title 42, The Public Health and Welfare. ------DocID 37154 Document 418 of 463------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 14 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 14. Complaint for Negligence Under Federal Employer's Liability Act -STATUTE- 1. Allegation of jurisdiction. 2. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at XXX and known as Tunnel No. XXX. 3. On or about June 1, 1936, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce. 4. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported. 5. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff's injuries). 6. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning XXX dollars per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of XXX dollars for medicine, medical attendance, and hospitalization. Wherefore plaintiff demands judgment against defendant in the sum of XXX dollars and costs. ------DocID 37277 Document 419 of 463------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 14 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART III -HEAD- Rule 14. Content of the Petition for a Writ of Certiorari -STATUTE- .1. The petition for a writ of certiorari shall contain, in the order here indicated: (a) The questions presented for review, expressed in the terms and circumstances of the case, but without unnecessary detail. The questions should be short and concise and should not be argumentative or repetitious. They must be set forth on the first page following the cover with no other information appearing on that page. The statement of any question presented will be deemed to comprise every subsidiary question fairly included therein. Only the questions set forth in the petition, or fairly included therein, will be considered by the Court. (b) A list of all parties to the proceeding in the court whose judgment is sought to be reviewed, unless the names of all parties appear in the caption of the case. This listing may be done in a footnote. See also Rule 29.1 for the required listing of parent companies and nonwholly owned subsidiaries. (c) A table of contents and a table of authorities, if the petition exceeds five pages. (d) A reference to the official and unofficial reports of opinions delivered in the case by other courts or administrative agencies. (e) A concise statement of the grounds on which the jurisdiction of this Court is invoked showing: (i) The date of the entry of the judgment or decree sought to be reviewed; (ii) The date of any order respecting a rehearing, and the date and terms of any order granting an extension of time within which to file the petition for a writ of certiorari; (iii) Express reliance upon Rule 12.3 when a cross-petition for a writ of certiorari is filed under that Rule and the date of receipt of the petition for a writ of certiorari in connection with which the cross-petition is filed; and (iv) The statutory provision believed to confer on this Court jurisdiction to review the judgment or decree in question by writ of certiorari. (f) The constitutional provisions, treaties, statutes, ordinances, and regulations involved in the case, setting them out verbatim, and giving the appropriate citation therefor. If the provisions involved are lengthy, their citation alone will suffice at this point and their pertinent text must be set forth in the appendix referred to in subparagraph .1(k) of this Rule. (g) A concise statement of the case containing the facts material to the consideration of the questions presented. (h) If review of a judgment of a state court is sought, the statement of the case shall also specify the stage in the proceedings, both in the court of first instance and in the appellate courts, at which the federal questions sought to be reviewed were raised; the method or manner of raising them and the way in which they were passed upon by those courts; and such pertinent quotation of specific portions of the record or summary thereof, with specific reference to the places in the record where the matter appears (e.g., ruling on exception, portion of court's charge and exception thereto, assignment of errors) as will show that the federal question was timely and properly raised so as to give this Court jurisdiction to review the judgment on a writ of certiorari. When the portions of the record relied upon under this subparagraph are voluminous, they shall be included in the appendix referred to in subparagraph .1(k) of this Rule. (i) If review of a judgment of a United States court of appeals is sought, the statement of the case shall also show the basis for federal jurisdiction in the court of first instance. (j) A direct and concise argument amplifying the reasons relied on for the allowance of the writ. See Rule 10. (k) An appendix containing, in the following order: (i) The opinions, orders, findings of fact, and conclusions of law, whether written or orally given and transcribed, delivered upon the rendering of the judgment or decree by the court whose decision is sought to be reviewed. (ii) Any other opinions, orders, findings of fact, and conclusions of law rendered in the case by courts or administrative agencies, and, if reference thereto is necessary to ascertain the grounds of the judgment or decree, of those in companion cases. Each document shall include the caption showing the name of the issuing court or agency, the title and number of the case, and the date of entry. (iii) Any order on rehearing, including the caption showing the name of the issuing court, the title and number of the case, and the date of entry. (iv) The judgment sought to be reviewed if the date of its entry is different from the date of the opinion or order required in sub-subparagraph (i) of this subparagraph. (v) Any other appended materials. If what is required by subparagraphs .1(f), (h), and (k) of this Rule to be included in or filed with the petition is voluminous, it may be presented in a separate volume or volumes with appropriate covers. .2. The petition for a writ of certiorari and the appendix thereto, whether in the same or a separate volume, shall be produced in conformity with Rule 33. The Clerk shall not accept any petition for a writ of certiorari that does not comply with this Rule and with Rule 33, except that a party proceeding in forma pauperis may proceed in the manner provided in Rule 39. .3. All contentions in support of a petition for a writ of certiorari shall be set forth in the body of the petition, as provided in subparagraph .1(j) of this Rule. No separate brief in support of a petition for a writ of certiorari will be received, and the Clerk will refuse to file any petition for a writ of certiorari to which is annexed or appended any supporting brief. .4. The petition for a writ of certiorari shall be as short as possible and may not exceed the page limitations set out in Rule 33. .5. The failure of a petitioner to present with accuracy, brevity, and clearness whatever is essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition. ------DocID 37335 Document 420 of 463------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 14 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE III -HEAD- Rule 14. Third-Party Practice -STATUTE- (a) When Third Parties May Be Brought In. (1) The court, on its own motion or on the motion of a party, may notify any person with legal capacity to sue and be sued and who is alleged to have an interest in the subject matter of any pending action to appear as a party and assert an interest, if any, therein. (2) On motion of the United States, the court may summon any third person against whom the United States may be asserting a claim or contingent claim for the recovery of money paid by the United States in respect of the transaction or matter which constitutes the subject matter of the suit to appear as a party and defend the third party's interest, if any, in such suit. (3) A motion made by the plaintiff under subdivision (a)(1) hereof shall be filed at the time the complaint is filed. Copies and service of such a motion shall be as provided in Rules 3(c) and 4. A motion made by the United States under subdivision (a)(1) or (2) hereof shall be filed on or before the date on which the answer is required to be filed. For good cause shown, the court may allow any such motion to be filed at a later time. (b) Content of Motion for Notice to Third Parties. A party desiring to bring in a third party pursuant to subdivision (a)(1) of this rule shall file with the clerk a written motion which shall: (1) state the name and address of such person, if known; (2) if the address of such person is unknown, or if such person resides outside the jurisdiction of the United States, or there is good reason why service on such person cannot be had, be accompanied by an affidavit showing why service cannot be had on such person and stating the last-known address of such person; and (3) set forth the interest which such person appears to have in the action. (c) Issuance and Service of Notice. (1) If the court, on its own motion or on the motion of a party, orders any third person to be notified pursuant to subdivision (a)(1) of this rule, the clerk shall issue an original and 1 copy of the notice for each third person to be notified. The notice shall contain the names of the parties and a statement of the time within which such third person may appear and shall state that in case the third party fails to appear and assert a claim in the subject matter of the action, the claim or interest of the third party therein shall forever be barred. The notice shall indicate that it is accompanied by a copy of the pleadings, which shall be attached by the moving party. (2) Upon the issuance of such notice upon motion of a party, the notice shall be delivered by the clerk to the moving party, who shall at the moving party's expense cause the same to be served on the person to be notified by registered or certified mail, return receipt requested, with the moving party to file with the clerk the return of such service, which return shall include the copy of the notice with return receipt attached. (3) When the court directs the issuance of a notice to a third person on its own motion, each of the existing parties shall, on request of the clerk, deliver to the clerk a sufficient number of copies of pleadings filed by such party to provide the third party to be notified with a copy of each of such pleadings, and the clerk shall forthwith issue such notice as specified in subdivision (c)(1) of this rule and shall forward the same with accompanying copies of the pleadings to the Attorney General for service as provided in subdivision (c)(2) of this rule. (4) When service of the notice required by subdivision (c)(1) of this rule is to be effected upon a third person in a foreign country, service of the notice may be made by the moving party or the court, as required by subdivisions (c)(2) and (3) of this rule, and proof of such service may be made in the manner authorized by Rule 4(i) of the Federal Rules. (d) Service of Notice by Publication. Where, upon motion of a party, the court under subdivision (a)(1) of this rule directs the issuance of a notice to a person upon whom service cannot be had, the moving party shall cause such notice to be published in a newspaper of general circulation in a place designated in the order, for a specified time, not less than once in each of 4 successive weeks. On or before the day of the first publication, the moving party shall send a copy of the notice by registered or certified mail to such person at such person's last-known address and shall file with the clerk an affidavit showing such mailing. The moving party shall procure an affidavit of the publisher showing that publication of the notice has been had as required by the order and shall file such affidavit with the clerk, who shall make an entry on the docket that publication has been had. The affidavit of mailing and the publisher's affidavit, together with the clerk's entry, shall constitute proof of service by publication. Service shall be deemed complete on the date of the last publication. The costs of such service by publication shall be paid by the party at whose instance it was made. (e) Contents of Motion for Summons to Third Parties. When the United States is asserting a claim for damages or other demand against a third person for the recovery of money paid by the United States in respect of the transaction or matter which constitutes the subject matter of any pending action and desires to have such third person brought in pursuant to subdivision (a)(2) of this rule, it shall file a written motion, which shall comply with the requirements of subdivision (b) of this rule and which shall be accompanied by an appropriate pleading setting forth the claim or contingent claim which it is asserting against such third person. (f) Issuance and Service of Summons. If the court, on motion of the United States, summons a third person pursuant to subdivision (a)(2) of this rule to answer a claim or contingent claim asserted by the United States, the clerk shall issue an original and 1 copy of such summons for each person to be summoned. The summons shall contain the names of the parties and a statement of the time within which the party summoned is required to appear and answer. The summons shall also state that the United States is asserting a claim against such person, as described in the accompanying pleading of the United States, and shall further state that if such third person fails to appear and answer the claim asserted by the United States, judgment pro confesso may be entered against such third person upon the claim of the United States to the same extent as if said third person had appeared and admitted the truth of all the allegations made on behalf of the United States. The summons shall indicate that it is accompanied by a copy or copies of all pleadings filed in said action, naming such pleadings which shall be attached by the moving party. Upon issuance of the summons, the clerk shall deliver the summons to the Attorney General for personal service and the return of such service shall be made directly to the clerk. (g) Pleadings of Third Parties. Within 40 days after service upon a third person of a notice or summons issued pursuant to this rule, such person may file a complaint setting forth the person's interest, if any, in the subject matter of the action and the nature of the person's claim against the United States, or an answer, or both, which pleadings shall comply with the requirements of these rules with respect to the filing of original complaints and answers, except that only an original and 2 copies of a complaint are to be filed with proof of service. ------DocID 37440 Document 421 of 463------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 14 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE III -HEAD- Rule 14. Third-Party Practice -STATUTE- (a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the third-party complaint not later than 10 days after serving the original answer. Otherwise the third-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff's claim as provided in Rule 12, and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff, if (1) the claim involves the imported merchandise that is the subject matter of the civil action, or (2) the claim is to recover upon a bond or customs duties relating to such merchandise. The plaintiff may assert any claim against the third-party defendant, if (1) the claim involves the imported merchandise that is the subject matter of the civil action, or (2) the claim is to recover upon a bond or customs duties relating to such merchandise, and the third-party defendant thereupon shall assert any defenses as provided in Rule 12 and any counterclaims and cross-claims as provided in Rule 13. Any party may move to strike the third-party claim, or for its severance or for a separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. (b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third-party to be brought in under circumstances which under this rule would entitle a defendant to do so. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 37558 Document 422 of 463------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Form 14 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE APPENDIX OF FORMS -HEAD- Form 14 -STATUTE- Page 1 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** SAVE PAGE FOR ILLUSTRATION ------DocID 37559 Document 423 of 463------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Form 14 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE APPENDIX OF FORMS -HEAD- Form 14 -STATUTE- Page 2 *** ILLUSTRATIONS OR TABLE DATA OMITTED *** SAVE PAGE FOR ILLUSTRATION ------DocID 37584 Document 424 of 463------ -CITE- 29 USC Sec. 14 -EXPCITE- TITLE 29 CHAPTER 2 -HEAD- Sec. 14. Assistant director of bureau; appointment; duties -STATUTE- There shall be in the Women's Bureau an assistant director, to be appointed by the Secretary of Labor, who shall perform such duties as shall be prescribed by the director and approved by the Secretary of Labor. -SOURCE- (June 5, 1920, ch. 248, Sec. 3, 41 Stat. 987.) -COD- CODIFICATION Words 'who shall receive an annual compensation of $5,000 and' were omitted in view of the Classification Acts. See sections 5101 et seq. and 5331 et seq. of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Sec. 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 37804 Document 425 of 463------ -CITE- 29 USC CHAPTER 14 -EXPCITE- TITLE 29 CHAPTER 14 -HEAD- CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT -MISC1- Sec. 621. Congressional statement of findings and purpose. 622. Education and research program; recommendation to Congress. 623. Prohibition of age discrimination. (a) Employer practices. (b) Employment agency practices. (c) Labor organization practices. (d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation. (e) Printing or publication of notice or advertisement indicating preference, limitation, etc. (f) Lawful practices; age an occupational qualification; other reasonable factors; laws of foreign workplace; seniority system; employee benefit plans; discharge or discipline for good cause. (g) Entitlement to coverage under group health plan. (h) Practices of foreign corporations controlled by American employers; foreign employers not controlled by American employers; factors determining control. (i) Employee pension benefit plans; cessation or reduction of benefit accrual or of allocation to employee account; distribution of benefits after attainment of normal retirement age; compliance; highly compensated employees. (j) Employment as firefighter or law enforcement officer. (k) Seniority system or employee benefit plan; compliance. (l) Lawful practices; minimum age as condition of eligibility for retirement benefits; deductions from severance pay; reduction of long-term disability benefits. 624. Study by Secretary of Labor; reports to President and Congress; scope of study; implementation of study; transmittal date of reports. 625. Administration. (a) Delegation of functions; appointment of personnel; technical assistance. (b) Cooperation with other agencies, employers, labor organizations, and employment agencies. 626. Recordkeeping, investigation, and enforcement. (a) Attendance of witnesses; investigations, inspections, records, and homework regulations. (b) Enforcement; prohibition of age discrimination under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation, conference, and persuasion. (c) Civil actions; persons aggrieved; jurisdiction; judicial relief; termination of individual action upon commencement of action by Commission; jury trial. (d) Filing of charge with Commission; timeliness; conciliation, conference, and persuasion. (e) Statute of limitations; reliance in future on administrative ruling, etc.; tolling. (f) Waiver. 627. Notices to be posted. 628. Rules and regulations; exemptions. 629. Criminal penalties. 630. Definitions. 631. Age limits. (a) Individuals at least 40 years of age. (b) Employees or applicants for employment in Federal Government. (c) Bona fide executives or high policymakers. (d) Tenured employee at institution of higher education. 632. Annual report to Congress. 633. Federal-State relationship. (a) Federal action superseding State action. (b) Limitation of Federal action upon commencement of State proceedings. 633a. Nondiscrimination on account of age in Federal Government employment. (a) Federal agencies affected. (b) Enforcement by Equal Employment Opportunity Commission and by Librarian of Congress in the Library of Congress; remedies; rules, regulations, orders, and instructions of Commission: compliance by Federal agencies; powers and duties of Commission; notification of final action on complaint of discrimination; exemptions: bona fide occupational qualification. (c) Civil actions; jurisdiction; relief. (d) Notice to Commission; time of notice; Commission notification of prospective defendants; Commission elimination of unlawful practices. (e) Duty of Government agency or official. (f) Applicability of statutory provisions to personnel action of Federal departments, etc. (g) Study and report to President and Congress by Equal Employment Opportunity Commission; scope. 634. Authorization of appropriations. -CROSS- CROSS REFERENCES Age discrimination in federally assisted programs, see section 6101 et seq. of Title 42, The Public Health and Welfare. Civil rights, Federally assisted programs, see section 2000d et seq. of Title 42. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 sections 3012, 3056a, 6103, 12209. ------DocID 38476 Document 426 of 463------ -CITE- 30 USC Sec. 14 -EXPCITE- TITLE 30 CHAPTER 1 -HEAD- Sec. 14. Acquisition of land; cooperation with other agencies -STATUTE- For the purpose of sections 13 to 16 of this title the Secretary, acting through the United States Bureau of Mines, is authorized to acquire land and interests therein, and to accept in the name of the United States donations of any property, real or personal, and to utilize voluntary or uncompensated services at such laboratory. The Secretary is authorized and directed to cooperate with other departments or agencies of the Federal Government, States, and State agencies and institutions, counties, municipalities, business or other organizations, corporations, associations, universities, scientific societies, and individuals, upon such terms and conditions as he may prescribe. -SOURCE- (Dec. 18, 1942, ch. 764, Sec. 2, 56 Stat. 1057.) -TRANS- TRANSFER OF FUNCTIONS See note set out under section 1 of this title. ------DocID 38735 Document 427 of 463------ -CITE- 30 USC CHAPTER 14 -EXPCITE- TITLE 30 CHAPTER 14 -HEAD- CHAPTER 14 - ANTHRACITE MINE DRAINAGE AND FLOOD CONTROL -MISC1- Sec. 571. Declaration of policy. 572. United States contributions to Pennsylvania: authority, conditions, limitations. (a) Contributions to be matched by Commonwealth. (b) Amount of contributions authorized. (c) Limitation on use of contribution. (d) Commonwealth responsible for installation and operation of projects. (e) Location and operation of projects. (f) Economic justification for abandoned coal mine projects. 573. Statement by Commonwealth for Secretary. 574. Hearings; withholding payments. 575. Annual reports to Congress by Secretary. 576. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 40 App. section 205. ------DocID 40137 Document 428 of 463------ -CITE- 33 USC CHAPTER 14 -EXPCITE- TITLE 33 CHAPTER 14 -HEAD- CHAPTER 14 - CALIFORNIA DEBRIS COMMISSION -MISC1- Sec. 661. Creation of commission; appointment of members; vacancies; powers generally. 662. Organization; compensation of members; rules and regulations of procedure; traveling expenses. 663. Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited. 664. General duties as to plans for protection of navigation. 665. Survey for debris reservoirs; study of methods of mines and mining. 666. Noting conditions of navigable channels. 667. Annual reports. 668. 'Hydraulic mining' and 'mining by hydraulic process' defined. 669. Petition by hydraulic miners. 670. Surrender to United States of right to regulate debris of mine. 671. Petition for common dumping ground, etc. 672. Notice of petition for dumping grounds, etc.; hearing. 673. Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes. 674. Plans for and supervision of work required by order; permit to commence mining. 675. Conditions precedent for commencement of mining operations. 676. Allotment of expenses for common dumping grounds; location of impounding works. 677. Limitation as to quantity of debris washed away. 678. Modification and revocation of permit to mine. 679. Violation of permit to mine; penalty. 680. Examination of mines; reports. 681. Repealed. 682. Malicious injury to works; injury to navigable waters by hydraulic mining; penalty. 683. Tax on operation of hydraulic mines; 'debris fund'; advances by mine owners; storage for water and use of outlet facilities. 684. Cooperation by commission with State authorities. 685. Construction by commission of restraining works, etc.; use of debris fund. 686. Construction of restraining works in conjunction with State. 687. Use of State dredge and appliances in river and harbor improvements. ------DocID 40359 Document 429 of 463------ -CITE- 33 USC Sec. 857-14 -EXPCITE- TITLE 33 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 857-14. Membership -STATUTE- (a) Appointment and qualifications The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee - (1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ocean policy; or (2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy. (b) Terms (1) The term of office of a member of the Committee shall be 3 years; except that of the original appointees, 6 shall be appointed for a term to expire on July 1, 1979, 6 shall be appointed for a term to expire on July 1, 1980, and 6 shall be appointed for a term to expire on July 1, 1981. (2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office. The terms of office for members first appointed after July 5, 1977, shall begin on July 1, 1977. (c) Chairman The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (d) Duties The Committee shall - (1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and (2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration. -SOURCE- (Pub. L. 95-63, Sec. 3, July 5, 1977, 91 Stat. 265; Pub. L. 95-304, Sec. 1(1), June 29, 1978, 92 Stat. 347; Pub. L. 97-87, Sec. 1(1), Dec. 1, 1981, 95 Stat. 1134.) -MISC1- PRIOR PROVISIONS Provisions similar to those contained in this section, which related to membership, terms, and duties of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in section 857-7 of this title prior to repeal of that section by section 7(a) of Pub. L. 95-63. AMENDMENTS 1981 - Subsec. (b)(2). Pub. L. 97-87 struck out ', or until ninety days after such date, whichever is earlier' after 'until his or her successor has taken office'. 1978 - Subsec. (b)(1). Pub. L. 95-304 substituted provisions authorizing terms of members to expire on July 1, 1979, July 1, 1980, and July 1, 1981, respectively, for provisions authorizing terms of members to be for 1 year, 2 years, and 3 years, respectively. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 857-13, 857-17, 857-18 of this title. ------DocID 40969 Document 430 of 463------ -CITE- 35 USC Sec. 14 -EXPCITE- TITLE 35 PART I CHAPTER 1 -HEAD- Sec. 14. Annual report to Congress -STATUTE- The Commissioner shall report to Congress annually the moneys received and expended, statistics concerning the work of the Office, and other information relating to the Office as may be useful to the Congress or the public. -SOURCE- (July 19, 1952, ch. 950, 66 Stat. 794.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 35, U.S.C., 1946 ed., Sec. 20 (R.S. 494). Language is changed. The lists referred to in the corresponding section of existing statute, and which are omitted from the revised section, are the indexes provided for in section 11(a)4. The month of reporting is omitted. The report contemplated by R.S. 494 has been discontinued since 1925 under authority of 44 U.S.C., 1946 ed., Sec. 212. REPORT TO CONGRESS Pub. L. 100-703, title I, Sec. 103(c), Nov. 19, 1988, 102 Stat. 4674, provided that: 'The Secretary of Commerce shall, on the day on which the President submits the annual budget to the Congress, provide to the Committees on the Judiciary of the Senate and the House of Representatives - '(1) a list of patent and trademark fee collections by the Patent and Trademark Office during the preceding fiscal year; '(2) a list of activities of the Patent and Trademark Office during the preceding fiscal year which were supported by patent fee expenditures, trademark fee expenditures, and appropriations; '(3) budget plans for significant programs, projects, and activities of the Office, including out-year funding estimates; '(4) any proposed disposition of surplus fees by the Office; and '(5) such other information as the committees consider necessary.' Similar provisions were contained in the following prior authorization act: Pub. L. 99-607, Sec. 3(c), Nov. 6, 1986, 100 Stat. 3471. COMPUTERIZED DATA AND RETRIEVAL SYSTEM; REPORT TO CONGRESS Pub. L. 96-517, Sec. 9, Dec. 12, 1980, 94 Stat. 3028, directed the Commissioner of Patents and Trademarks to report to Congress, within two years after Dec. 12, 1980, a plan to identify, and if necessary develop or have developed, computerized data and retrieval systems equivalent to the latest state of the art which could be applied to all aspects of the operation of the Patent and Trademark Office, and particularly to the patent search file, the patent classification system, and the trademark search file. The report was to specify the cost of implementing the plan, and how rapidly the plan could be implemented by the Patent and Trademark Office, without regard to the availability of future funding. -CROSS- CROSS REFERENCES Printing and distribution of the report of the Commissioner, see section 1337 of Title 44, Public Printing and Documents. Provisions applicable to all the Departments, relating to the time of making annual reports, see section 2952 of Title 5, Government Organization and Employees. ------DocID 41018 Document 431 of 463------ -CITE- 35 USC CHAPTER 14 -EXPCITE- TITLE 35 PART II CHAPTER 14 -HEAD- CHAPTER 14 - ISSUE OF PATENT -MISC1- Sec. 151. Issue of patent. 152. Issue of patent to assignee. 153. How issued. 154. Contents and term of patent. 155. Patent term extension. 155A. Patent term restoration. 156. Extension of patent term. 157. Statutory invention registration. AMENDMENTS 1984 - Pub. L. 98-622, title I, Sec. 102(b), Nov. 8, 1984, 98 Stat. 3384, added item 157. Pub. L. 98-417, title II, Sec. 201(b), Sept. 24, 1984, 98 Stat. 1602, added item 156. 1983 - Pub. L. 98-127, Sec. 4(b), Oct. 13, 1983, 97 Stat. 833, added item 155A. Pub. L. 97-414, Sec. 11(b), Jan. 4, 1983, 96 Stat. 2066, added item 155. 1965 - Pub. L. 89-83, Sec. 6, July 24, 1965, 79 Stat. 261, substituted 'Issue of patent' for 'Time of issue of patent' in item 151. ------DocID 41136 Document 432 of 463------ -CITE- 36 USC Sec. 14 -EXPCITE- TITLE 36 CHAPTER 1 -HEAD- Sec. 14. Omitted -COD- CODIFICATION Section, act May 5, 1926, ch. 246, 44 Stat. 403, related to use of temporary buildings upon square 172 in Washington, D.C. See section 13 of this title. ------DocID 41447 Document 433 of 463------ -CITE- 36 USC CHAPTER 14 -EXPCITE- TITLE 36 CHAPTER 14 -HEAD- CHAPTER 14 - FUTURE FARMERS OF AMERICA -MISC1- Sec. 271. Corporation created. 272. Completion of organization. 273. Objects and purposes of corporation. 274. Powers of corporation. 275. Headquarters and principal office; territorial scope of activities; agent for service of process. 276. Membership; voting rights. 277. National officers. (a) Composition. (b) Board of student officers. (c) Election. (d) Vote at national convention. 278. Board of directors. (a) Composition. (b) Tenure. (c) Meetings. (d) Governing committee. (e) Transition board. 279. Restrictions. (a) Distribution of income or assets to members. (b) Loans. (c) Prizes, awards, grants, or loans to student officers and members meeting criteria. 280. Nonpolitical nature of corporation. 281. Liability for acts of officers and agents. 282. Prohibition against issuance of stock or payment of dividends. 283. Books and records; inspection. 284. Repealed. 285. Use of assets on dissolution or liquidation. 286. Exclusive right to name, emblems, seals, and badges. 287. Agents for service of process. 288. Availability of personnel, services, and facilities of Department of Education. 289. Acquisition of assets and liabilities of existing corporation. 290. Effective date. 291. Reservation of right to amend or repeal chapter. ------DocID 43566 Document 434 of 463------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rules 13 and 14 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rules 13 and 14. (Reserved) ------DocID 43816 Document 435 of 463------ -CITE- 40 USC Sec. 14 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 14. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(80), 65 Stat. 704 -MISC1- Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings. ------DocID 44376 Document 436 of 463------ -CITE- 40 USC CHAPTER 14 -EXPCITE- TITLE 40 CHAPTER 14 -HEAD- CHAPTER 14 - SAFETY STANDARDS FOR MOTOR VEHICLES -MISC1- Sec. 701. Prohibition on acquisition or purchase of motor vehicles by Federal Government unless equipped with passenger safety devices. 702. Commercial standards for passenger safety devices; publication in Federal Register. 703. Definitions. ------DocID 44593 Document 437 of 463------ -CITE- 41 USC Sec. 14 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 14. Restriction on purchases of land -STATUTE- No land shall be purchased on account of the United States, except under a law authorizing such purchase. -SOURCE- (R.S. Sec. 3736.) -COD- CODIFICATION R.S. Sec. 3736 derived from act May 1, 1820, ch. 52, Sec. 7, 3 Stat. 568. -CROSS- CROSS REFERENCES Section inapplicable to lease-purchase contracts, see section 356 of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 356. ------DocID 45171 Document 438 of 463------ -CITE- 42 USC Sec. 290aa-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER III-A Part A -HEAD- Sec. 290aa-14. Drug abuse demonstration projects of national significance -STATUTE- (a) Authority to make grants to public and private entities (1) The Secretary, acting through the Administrator, may make grants to public and private entities for demonstration projects - (A) to determine the feasibility and long-term efficacy of programs providing drug abuse treatment and vocational training in exchange for public service; (B) to conduct outreach activities to intravenous drug abusers with respect to the prevention of exposure to, and the transmission of, the etiologic agent for acquired immune deficiency syndrome and to encourage intravenous drug abusers to seek treatment for such abuse; and (C) to provide drug abuse treatment services to pregnant women, post partum women, and their infants. (2) The Secretary shall, directly or through contracts with public and private entities, provide for evaluations of projects carried out pursuant to paragraph (1) and for the dissemination of information developed as a result of such models. (b) Requisite qualifications of grant recipients and projects (1) The Secretary shall establish demonstration projects that provide grants to States for the purpose of enabling such States to provide effective treatment, and referrals for treatment, to individuals who abuse drugs. (2) The Secretary shall award grants under paragraph (1) to projects that operate in areas - (A) in which a demand for drug treatment services exists, or a need for such services exists which exceeds the capacity of organizations operating in that area to provide such services; (B) that have a high prevalence of drug abuse; (C) that have a high incidence of drug related criminal activities; and (D) that meet any other requirements that the Secretary determines are appropriate. (3) In awarding grants under paragraph (1), the Secretary shall - (A) select projects that focus on at least one of the following areas of treatment: (i) treatment of adolescents; (ii) treatment of minorities; (iii) treatment of pregnant women; (iv) treatment of female addicts and their children; and (v) treatment of the residents of public housing projects; and (B) select at least one project that includes a centralized local referral unit that shall provide - (i) an initial analysis of the nature of the individual's problem and refer such individual to appropriate existing drug treatment programs; and (ii) assistance to school teachers and other individuals who come into contact with drug abusers when attempting to refer such abusers to appropriate drug treatment programs. (4) A State that desires to participate in a project established under paragraph (1) shall submit a written application to the Secretary in such form and containing such information as the Secretary may request. (5) In awarding grants under paragraph (1), the Secretary shall give preference to projects that demonstrate a comprehensive approach to the problems associated with drug abuse and provide evidence of broad community involvement and support, including the support of private businesses, law enforcement authorities, health care providers, local school systems, and local governments in the proposed demonstration project. (6) Projects funded under paragraph (1) shall be for a period of at least three years but in no event to exceed five years. (7) The Secretary shall require, as a condition of awarding grants under paragraph (1), a systematic evaluation of the projects funded under such paragraph on a long term basis to record the impact of such projects on treated individuals, and on the community as a whole. The methodology used in the evaluation shall be published in the Federal Register for comment before becoming effective. (c) Authorization of appropriations (1) There are authorized to be appropriated to carry out this section $34,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 through 1991. (2) Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, $10,000,000 shall be made available for carrying out subsection (a) of this section. -SOURCE- (July 1, 1944, ch. 373, title V, Sec. 509G, as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2055, 102 Stat. 4210, and amended Aug. 16, 1989, Pub. L. 101-93, Sec. 3(d), 103 Stat. 610.) -MISC1- AMENDMENTS 1989 - Subsec. (a)(2). Pub. L. 101-93, Sec. 3(d)(1), substituted 'paragraph (1)' for 'subsection (a) of this section' and 'as a result' for 'as result'. Subsec. (b)(2), (3). Pub. L. 101-93, Sec. 3(d)(2)(A), (B), substituted 'paragraph (1)' for 'subsection (a) of this section'. Subsec. (b)(4). Pub. L. 101-93, Sec. 3(d)(2)(C), substituted 'paragraph (1)' for 'subsection (a) of this section' and 'may request' for 'may by regulation request'. Subsec. (b)(5). Pub. L. 101-93, Sec. 3(d)(2)(D), substituted 'paragraph (1)' for 'subsection (a) of this section'. Subsec. (b)(6). Pub. L. 101-93, Sec. 3(d)(2)(E), substituted 'paragraph (1)' for 'this section'. Subsec. (b)(7). Pub. L. 101-93, Sec. 3(d)(2)(F), substituted 'grants under paragraph (1)' for 'grants under this section' and 'funded under such paragraph' for 'funded under this section'. ------DocID 45464 Document 439 of 463------ -CITE- 42 USC Sec. 300d-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER X Part B -HEAD- Sec. 300d-14. Requirement of submission to Secretary of trauma plan and certain information -STATUTE- (a) Trauma plan (1) In general For fiscal year 1991 and subsequent fiscal years, the Secretary may not make payments under section 300d-11(a) of this title unless, subject to paragraph (2), the State involved submits to the Secretary the trauma care component of the State plan for the provision of emergency medical services. (2) Interim plan or description of efforts For fiscal year 1991, if a State has not completed the trauma care component of the State plan described in paragraph (1), the State may provide, in lieu of a completed such component, an interim component or a description of efforts made toward the completion of the component. (b) Information received by State reporting and analysis system The Secretary may not make payments under section 300d-11(a) of this title for a fiscal year unless the State involved agrees that the State will, not less than once each year, provide to the Secretary the information received by the State pursuant to section 300d-13(a)(7) of this title. (c) Availability of emergency medical services in rural areas The Secretary may not make payments under section 300d-11(a) of this title for a fiscal year unless - (1) the State involved identifies any rural area in the State for which - (A) there is no system of access to emergency medical services through the telephone number 911; (B) there is no basic life-support system; or (C) there is no advanced life-support system; and (2) the State submits to the Secretary a list of rural areas identified pursuant to paragraph (1) or, if there are no such areas, a statement that there are no such areas. -SOURCE- (July 1, 1944, ch. 373, title XII, Sec. 1214, as added Nov. 16, 1990, Pub. L. 101-590, Sec. 3, 104 Stat. 2922.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300d-3, 300d-17, 300d-33 of this title. ------DocID 45492 Document 440 of 463------ -CITE- 42 USC Sec. 300e-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XI -HEAD- Sec. 300e-14. Annual report -STATUTE- (a) The Secretary shall periodically review the programs of assistance authorized by this subchapter and make an annual report to the Congress of a summary of the activities under each program. The Secretary shall include in such summary - (1) a summary of each grant, contract, loan, or loan guarantee made under this subchapter in the period covered by the report and a list of the health maintenance organizations which during such period became qualified health maintenance organizations for purposes of section 300e-9 of this title; (2) the statistics and other information reported in such period to the Secretary in accordance with section 300e(c)(11) (FOOTNOTE 1) of this title; (FOOTNOTE 1) See References in Text note below. (3) findings with respect to the ability of the health maintenance organizations assisted under this subchapter - (A) to operate on a fiscally sound basis without continued Federal financial assistance, (B) to meet the requirements of section 300e(c) of this title respecting their organization and operation, (C) to provide basic and supplemental health services in the manner prescribed by section 300e(b) of this title, (D) to include indigent and high-risk individuals in their membership, and (E) to provide services to medically underserved populations; and (4) findings with respect to - (A) the operation of distinct categories of health maintenance organizations in comparison with each other, (B) health maintenance organizations as a group in comparison with alternative forms of health care delivery, and (C) the impact that health maintenance organizations, individually, by category, and as a group, have on the health of the public. (b) The Office of Management and Budget may review the Secretary's report under subsection (a) of this section before its submission to the Congress, but the Office may not revise the report or delay its submission, and it may submit to the Congress its comments (and those of other departments or agencies of the Government) respecting such report. -SOURCE- (July 1, 1944, ch. 373, title XIII, Sec. 1315, as added Dec. 29, 1973, Pub. L. 93-222, Sec. 2, 87 Stat. 933.) -REFTEXT- REFERENCES IN TEXT Section 300e(c)(11) of this title, referred to in subsec. (a)(2), was redesignated section 300e(c)(9) of this title by Pub. L. 97-35, title IX, Sec. 942(d)(1), Aug. 13, 1981, 95 Stat. 574, and redesignated section 300e(c)(8) of this title by Pub. L. 100-517, Sec. 5(b), Oct. 24, 1988, 102 Stat. 2579. ------DocID 45576 Document 441 of 463------ -CITE- 42 USC Sec. 300t-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIV Part E -HEAD- Sec. 300t-14. Authorization of appropriations -STATUTE- To make payments under grants under sections 300t-12 and 300t-13 of this title there are authorized to be appropriated $30,000,000 for the fiscal year ending September 30, 1980, $50,000,000 for the fiscal year ending September 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982, except that in any fiscal year not more than 10 percent of the amount appropriated under this section may be obligated for grants under section 300t-13 of this title. -SOURCE- (July 1, 1944, ch. 373, title XVI, Sec. 1644, as added Oct. 4, 1979, Pub. L. 96-79, title III, Sec. 301(a), 93 Stat. 640.) ------DocID 45656 Document 442 of 463------ -CITE- 42 USC Sec. 300aa-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XIX Part 2 subpart a -HEAD- Sec. 300aa-14. Vaccine Injury Table -STATUTE- (a) Initial table The following is a table of vaccines, the injuries, disabilities, illnesses, conditions, and deaths resulting from the administration of such vaccines, and the time period in which the first symptom or manifestation of onset or of the significant aggravation of such injuries, disabilities, illnesses, conditions, and deaths is to occur after vaccine administration for purposes of receiving compensation under the Program: VACCINE INJURY TABLE --------------------------------------------------------------------- --------------------------------------------------------------------- I. DTP; P; DTP/Polio Combination; or Any Other Vaccine Containing Whole Cell Pertussis Bacteria, Extracted or Partial Cell Bacteria, or Specific Pertussis Antigen(s). Illness, disability, Time period for injury, or first symptom or condition covered: manifestation of onset or of significant aggravation after vaccine administration: A. Anaphylaxis or 24 hours anaphylactic shock B. Encephalopathy 3 days (or encephalitis) C. Shock-collapse or 3 days hypotonic- hyporesponsive collapse D. Residual seizure 3 days disorder in accordance with subsection (b)(2) E. Any acute Not applicable complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed II. Measles, mumps, rubella, or any vaccine containing any of the foregoing as a component; DT; Td; or Tetanus Toxoid. A. Anaphylaxis or 24 hours anaphylactic shock B. Encephalopathy 15 days (for mumps, (or encephalitis) rubella, measles, or any vaccine containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). C. Residual seizure 15 days (for mumps, disorder in rubella, measles, accordance with or any vaccine subsection (b)(2) containing any of the foregoing as a component). 3 days (for DT, Td, or tetanus toxoid). D. Any acute Not applicable complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed III. Polio Vaccines (other than Inactivated Polio Vaccine). A. Paralytic polio - in a non- 30 days immunodeficient recipient - in an 6 months immunodeficient recipient - in a vaccine- Not applicable associated community case B. Any acute Not applicable complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed IV. Inactivated Polio Vaccine. A. Anaphylaxis or 24 hours anaphylactic shock B. Any acute Not applicable complication or sequela (including death) of an illness, disability, injury, or condition referred to above which illness, disability, injury, or condition arose within the time period prescribed ------------------------------- (b) Qualifications and aids to interpretation The following qualifications and aids to interpretation shall apply to the Vaccine Injury Table in subsection (a) of this section: (1) A shock-collapse or a hypotonic-hyporesponsive collapse may be evidenced by indicia or symptoms such as decrease or loss of muscle tone, paralysis (partial or complete), hemiplegia or hemiparesis, loss of color or turning pale white or blue, unresponsiveness to environmental stimuli, depression of consciousness, loss of consciousness, prolonged sleeping with difficulty arousing, or cardiovascular or respiratory arrest. (2) A petitioner may be considered to have suffered a residual seizure disorder if the petitioner did not suffer a seizure or convulsion unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit before the first seizure or convulsion after the administration of the vaccine involved and if - (A) in the case of a measles, mumps, or rubella vaccine or any combination of such vaccines, the first seizure or convulsion occurred within 15 days after administration of the vaccine and 2 or more seizures or convulsions occurred within 1 year after the administration of the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit, and (B) in the case of any other vaccine, the first seizure or convulsion occurred within 3 days after administration of the vaccine and 2 or more seizures or convulsions occurred within 1 year after the administration of the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit. (3)(A) The term 'encephalopathy' means any significant acquired abnormality of, or injury to, or impairment of function of the brain. Among the frequent manifestations of encephalopathy are focal and diffuse neurologic signs, increased intracranial pressure, or changes lasting at least 6 hours in level of consciousness, with or without convulsions. The neurological signs and symptoms of encephalopathy may be temporary with complete recovery, or may result in various degrees of permanent impairment. Signs and symptoms such as high pitched and unusual screaming, persistent unconsolable crying, and bulging fontanel are compatible with an encephalopathy, but in and of themselves are not conclusive evidence of encephalopathy. Encephalopathy usually can be documented by slow wave activity on an electroencephalogram. (B) If in a proceeding on a petition it is shown by a preponderance of the evidence that an encephalopathy was caused by infection, toxins, trauma, or metabolic disturbances the encephalopathy shall not be considered to be a condition set forth in the table. If at the time a judgment is entered on a petition filed under section 300aa-11 of this title for a vaccine-related injury or death it is not possible to determine the cause, by a preponderance of the evidence, of an encephalopathy, the encephalopathy shall be considered to be a condition set forth in the table. In determining whether or not an encephalopathy is a condition set forth in the table, the court shall consider the entire medical record. (4) For purposes of paragraphs (2) and (3), the terms 'seizure' and 'convulsion' include grand mal, petit mal, absence, myoclonic, tonic-clonic, and focal motor seizures and signs. If a provision of the table to which paragraph (1), (2), (3), or (4) applies is revised under subsection (c) or (d) of this section, such paragraph shall not apply to such provision after the effective date of the revision unless the revision specifies that such paragraph is to continue to apply. (c) Administrative revision of table (1) The Secretary may promulgate regulations to modify in accordance with paragraph (3) the Vaccine Injury Table. In promulgating such regulations, the Secretary shall provide for notice and opportunity for a public hearing and at least 180 days of public comment. (2) Any person (including the Advisory Commission on Childhood Vaccines) may petition the Secretary to propose regulations to amend the Vaccine Injury Table. Unless clearly frivolous, or initiated by the Commission, any such petition shall be referred to the Commission for its recommendations. Following - (A) receipt of any recommendation of the Commission, or (B) 180 days after the date of the referral to the Commission, whichever occurs first, the Secretary shall conduct a rulemaking proceeding on the matters proposed in the petition or publish in the Federal Register a statement of reasons for not conducting such proceeding. (3) A modification of the Vaccine Injury Table under paragraph (1) may add to, or delete from, the list of injuries, disabilities, illnesses, conditions, and deaths for which compensation may be provided or may change the time periods for the first symptom or manifestation of the onset or the significant aggravation of any such injury, disability, illness, condition, or death. (4) Any modification under paragraph (1) of the Vaccine Injury Table shall apply only with respect to petitions for compensation under the Program which are filed after the effective date of such regulation. (d) Role of Commission Except with respect to a regulation recommended by the Advisory Commission on Childhood Vaccines, the Secretary may not propose a regulation under subsection (c) of this section or any revision thereof, unless the Secretary has first provided to the Commission a copy of the proposed regulation or revision, requested recommendations and comments by the Commission, and afforded the Commission at least 90 days to make such recommendations. (e) Recommendation The Secretary may recommend to Congress revisions of the table to change the vaccines covered by the table. -SOURCE- (July 1, 1944, ch. 373, title XXI, Sec. 2114, as added Nov. 14, 1986, Pub. L. 99-660, title III, Sec. 311(a), 100 Stat. 3764, and amended Dec. 19, 1989, Pub. L. 101-239, title VI, Sec. 6601(k), 103 Stat. 2290.) -MISC1- PRIOR PROVISIONS A prior section 300aa-14, act July 1, 1944, Sec. 2115, was successively renumbered by subsequent acts and transferred, see section 300aaa-12 of this title. A prior section 2114 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 300aaa-11 of this title. AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-239, Sec. 6601(k)(1), substituted '(b)(2)' for '(c)(2)' in items I.D. and II.C. in table. Subsec. (b)(3)(B). Pub. L. 101-239, Sec. 6601(k)(2), substituted '300aa-11 of this title' for '300aa-11(b) of this title'. EFFECTIVE DATE OF 1989 AMENDMENT For applicability of amendments by Pub. L. 101-239 to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see section 6601(s)(1) of Pub. L. 101-239, set out as a note under section 300aa-10 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300aa-25, 300aa-33 of this title. ------DocID 45695 Document 443 of 463------ -CITE- 42 USC Sec. 300cc-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXI Part B -HEAD- Sec. 300cc-14. Evaluation of certain treatments -STATUTE- (a) Establishment of program (1) After consultation with the Clinical Research Review Committee established pursuant to section 300cc-3 of this title, the Secretary shall establish a program for the evaluation of drugs that - (A) are not approved by the Commissioner of Food and Drugs for the purpose of treatments with respect to acquired immune deficiency syndrome; and (B) are being utilized for such purpose by individuals infected with the etiologic agent for such syndrome. (2) The program established under paragraph (1) shall include evaluations of the effectiveness and the risks of the treatment involved, including the risks of foregoing treatments with respect to acquired immune deficiency syndrome that are approved by the Commissioner of Food and Drugs. (b) Authority with respect to grants and contracts (1) For the purpose of conducting evaluations required in subsection (a) of this section, the Secretary may make grants to, and enter into cooperative agreements and contracts with, public and nonprofit private entities. (2) Nonprofit private entities under paragraph (1) may include nonprofit private organizations that - (A) are established for the purpose of evaluating treatments with respect to acquired immune deficiency syndrome; and (B) consist primarily of individuals infected with the etiologic agent for such syndrome. (c) Scientific and ethical guidelines (1) The Secretary shall establish appropriate scientific and ethical guidelines for the conduct of evaluations carried out pursuant to this section. The Secretary may not provide financial assistance under subsection (b)(1) of this section unless the applicant for such assistance agrees to comply with such guidelines. (2) The Secretary may establish the guidelines described in paragraph (1) only after consulting with - (A) physicians whose clinical practice includes a significant number of individuals with acquired immune deficiency syndrome; (B) individuals who are infected with the etiologic agent for such syndrome; and (C) other individuals with appropriate expertise or experience. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. -SOURCE- (July 1, 1944, ch. 373, title XXIII, Sec. 2314, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 201(4), 102 Stat. 3069.) -MISC1- PRIOR PROVISIONS A prior section 300cc-14, act July 1, 1944, Sec. 2315, was successively renumbered by subsequent acts and transferred, see section 300aaa-12 of this title. ------DocID 45710 Document 444 of 463------ -CITE- 42 USC Sec. 300dd to 300dd-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXII Part A -HEAD- Sec. 300dd to 300dd-14. Repealed. July 1, 1944, ch. 373, title XXIV, Sec. 2415, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3088, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(g), 102 Stat. 4241 -MISC1- Section 300dd, act July 1, 1944, ch. 373, title XXIV, Sec. 2401, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3079, established program of formula grants for home and community-based health services. Section 300dd-1, act July 1, 1944, ch. 373, title XXIV, Sec. 2402, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3080, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(a), 102 Stat. 4240, provided requirements for carrying out purpose of grants. Section 300dd-2, act July 1, 1944, ch. 373, title XXIV, Sec. 2403, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3081, required submission of description of intended uses of grant. Section 300dd-3, act July 1, 1944, ch. 373, title XXIV, Sec. 2404, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3081, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(b), 102 Stat. 4240, restricted use of grants. Section 300dd-4, act July 1, 1944, ch. 373, title XXIV, Sec. 2405, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3082, required reports and audits by States. Section 300dd-5, act July 1, 1944, ch. 373, title XXIV, Sec. 2406, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3083, required additional agreements. Section 300dd-6, act July 1, 1944, ch. 373, title XXIV, Sec. 2407, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3084, required submission of application containing certain agreements and assurances. Section 300dd-7, act July 1, 1944, ch. 373, title XXIV, Sec. 2408, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3084, provided for determination of amount of allotments for States. Section 300dd-8, act July 1, 1944, ch. 373, title XXIV, Sec. 2409, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3085, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(c), 102 Stat. 4241, related to failure to comply with agreements. Section 300dd-9, act July 1, 1944, ch. 373, title XXIV, Sec. 2410, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3087, prohibited certain false statements. Section 300dd-10, act July 1, 1944, ch. 373, title XXIV, Sec. 2411, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3087, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(d), 102 Stat. 4241, authorized the Secretary to provide technical assistance and supplies and services in lieu of grant funds. Section 300dd-11, act July 1, 1944, ch. 373, title XXIV, Sec. 2412, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3087, required report by Secretary. Section 300dd-12, act July 1, 1944, ch. 373, title XXIV, Sec. 2413, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3087, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(e), 102 Stat. 4241, defined terms for this part. Section 300dd-13, act July 1, 1944, ch. 373, title XXIV, Sec. 2414, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3088, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(f), 102 Stat. 4241, provided funding. Section 300dd-14, act July 1, 1944, ch. 373, title XXIV, Sec. 2415, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 211, 102 Stat. 3088, and amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2618(g), 102 Stat. 4241, repealed this part effective with respect to appropriations made for any period after fiscal year 1990. EFFECTIVE DATE OF REPEAL Repeal effective with respect to appropriations made for any period after fiscal year 1990, see section 2415 of act July 1, 1944, which was classified to former section 300dd-14 of this title. ------DocID 45732 Document 445 of 463------ -CITE- 42 USC Sec. 300ee-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIII Part A -HEAD- Sec. 300ee-14. Restrictions on use of grant -STATUTE- (a) In general The Secretary may not make payments under section 300ee-11(a) of this title for a fiscal year unless the State involved agrees that the payments will not be expended - (1) to provide inpatient services; (2) to make cash payments to intended recipients of services; (3) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment; or (4) to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds. (b) Limitation on administrative expenses The Secretary may not make payments under section 300ee-11(a) of this title for a fiscal year unless the State involved agrees that the State will not expend more than 5 percent of the payments for administrative expenses with respect to carrying out the purpose described in section 300ee-11(b) of this title. -SOURCE- (July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2504, as added Nov. 4, 1988, Pub. L. 100-607, title II, Sec. 221, 102 Stat. 3095, and renumbered title XXV, Aug. 16, 1989, Pub. L. 101-93, Sec. 5(e)(1), 103 Stat. 612.) -MISC1- PRIOR PROVISIONS A prior section 2504 of act July 1, 1944, was successively renumbered by subsequent acts, see section 300aaa-3 of this title. ------DocID 45755 Document 446 of 463------ -CITE- 42 USC Sec. 300ff-14 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part A -HEAD- Sec. 300ff-14. Use of amounts -STATUTE- (a) Requirements The Secretary may not make a grant under section 300ff-11(a) of this title to the chief elected official of an eligible area unless such political subdivision agrees that - (1) subject to paragraph (2), the allocation of funds and services within the eligible area will be made in accordance with the priorities established, pursuant to section 300ff-12(b)(3)(A) of this title, by the HIV health services planning council that serves such eligible area; and (2) funds provided under section 300ff-11 of this title will be expended only for the purposes described in subsections (b) and (c) of this section. (b) Primary purposes (1) In general The chief elected official shall use amounts received under a grant under section 300ff-11 of this title to provide direct financial assistance to entities described in paragraph (2) for the purpose of delivering or enhancing HIV-related - (A) outpatient and ambulatory health and support services, including case management and comprehensive treatment services, for individuals and families with HIV disease; and (B) inpatient case management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities. (2) Appropriate entities (A) In general Subject to subparagraph (B), direct financial assistance may be provided under paragraph (1) to public or nonprofit private entities, including hospitals (which may include Veterans Administration facilities), community-based organizations, hospices, ambulatory care facilities, community health centers, migrant health centers, and homeless health centers. (B) Priority In providing direct financial assistance under paragraph (1) the chief elected official shall give priority to entities that are currently participating in Health Resources and Services Administration HIV health care demonstration projects. (c) Limited expenditures for personnel needs (1) In general A chief elected official, in accordance with paragraph (3), may use not to exceed 10 percent of amounts received under a grant under section 300ff-11 of this title to provide financial assistance or services, for the purposes described in paragraph (2), to any public or nonprofit private entity, including hospitals (which may include Veterans Administration facilities), nursing homes, subacute and transitional care facilities, and hospices that - (A) provide HIV-related care or services to a disproportionate share of low-income individuals and families with HIV disease; (B) incur uncompensated costs in the provision of such care or services to such individuals and families; (C) have established, and agree to implement, a plan to evaluate the utilization of services provided in the care of individuals and families with HIV disease; and (D) have established a system designed to ensure that such individuals and families are referred to the most medically appropriate level of care as soon as such referral is medically indicated. (2) Use A chief elected official may use amounts referred to in paragraph (1) to - (A) provide direct financial assistance to institutions and entities of the type referred to in such paragraph to assist such institutions and entities in recruiting or training and paying compensation to qualified personnel determined, under paragraph (3), to be necessary by the HIV health services planning council, specifically for the care of individuals with HIV disease; or (B) in lieu of providing direct financial assistance, make arrangements for the provision of the services of such qualified personnel to such institutions and entities. (3) Requirement of determination by council A chief elected official shall not use any of the amounts received under a grant under section 300ff-11(a) of this title to provide assistance or services under paragraph (2) unless the HIV health services planning council of the eligible area has made a determination that, with respect to the care of individuals with HIV disease - (A) a shortage of specific health, mental health or support service personnel exists within specific institutions or entities in the eligible area; (B) the shortage of such personnel has resulted in the inappropriate utilization of inpatient services within the area; and (C) assistance or services provided to an institution or entity under paragraph (2), will not be used to supplant the existing resources devoted by such institution or entity to the uses described in such paragraph. (d) Requirement of status as medicaid provider (1) Provision of service Subject to paragraph (2), the Secretary may not make a grant under section 300ff-11(a) of this title for the provision of services under this section in a State unless, in the case of any such service that is available pursuant to the State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) for the State - (A) the political subdivision involved will provide the service directly, and the political subdivision has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (B) the political subdivision will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement and is qualified to receive such payments. (2) Waiver (A) In general In the case of an entity making an agreement pursuant to paragraph (1)(B) regarding the provision of services, the requirement established in such paragraph shall be waived by the HIV health services planning council for the eligible area if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. (B) Determination A determination by the HIV health services planning council of whether an entity referred to in subparagraph (A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations for the purpose of providing services to the public. (e) Administration and planning The chief executive officer of an eligible area shall not use in excess of 5 percent of amounts received under a grant awarded under this part for administration, accounting, reporting, and program oversight functions. (f) Construction A State may not use amounts received under a grant awarded under this part to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2604, as added Aug. 18, 1990, Pub. L. 101-381, title I, Sec. 101(3), 104 Stat. 580.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social Security Act is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 2604 of act July 1, 1944, was renumbered by subsequent act, see section 300aaa-3 of this title. -CHANGE- CHANGE OF NAME Reference to Veterans Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 300ff-11, 300ff-12, 300ff-15 of this title. ------DocID 46081 Document 447 of 463------ -CITE- 42 USC Sec. 1320c-14 to 1320c-19 -EXPCITE- TITLE 42 CHAPTER 7 SUBCHAPTER XI Part B -HEAD- Sec. 1320c-14 to 1320c-19. Omitted -COD- CODIFICATION Sections 1320c-14 to 1320c-19 were omitted in the general revision of this part by Pub. L. 97-248, title I, Sec. 143, Sept. 3, 1982, 96 Stat. 382. Section 1320c-14, act Aug. 14, 1935, ch. 531, title XI, Sec. 1165, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1443, related to correlation of functions between Professional Standards Review Organizations and administrative instrumentalities. Section 1320c-15, act Aug. 14, 1935, ch. 531, title XI, Sec. 1166, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1443, and amended Oct. 25, 1977, Pub. L. 95-142, Sec. 5(h), 91 Stat. 1189, related to general prohibition against disclosure of data or information and exceptions to such prohibition. See section 1320c-9 of this title. Section 1320c-16, act Aug. 14, 1935, ch. 531, title XI, Sec. 1167, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1443, and amended Oct. 25, 1977, Pub. L. 95-142, Sec. 5(i), (n), 91 Stat. 1190, 1191, related to limitation of liability of persons providing information to Professional Standards Review Organizations and Statewide Professional Standards Review Councils. See section 1320c-6 of this title. Section 1320c-17, act Aug. 14, 1935, ch. 531, title XI, Sec. 1168, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1444, and amended Dec. 31, 1975, Pub. L. 94-182, title I, Sec. 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L. 95-142, Sec. 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2113(j), 95 Stat. 795, related to authorization for use of funds for administering professional review program, transfer of moneys between funds, and payments for Professional Standards Review Organizations. See section 1320c-8 of this title. Section 1320c-18, act Aug. 14, 1935, ch. 531, title XI, Sec. 1169, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1444, related to technical assistance given to organizations desiring to be designated as Professional Standards Review Organizations. Section 1320c-19, act Aug. 14, 1935, ch. 531, title XI, Sec. 1170, as added Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 249F(b), 86 Stat. 1445, related to exemptions of Christian Science sanatoriums. See section 1320c-11 of this title. ------DocID 46557 Document 448 of 463------ -CITE- 42 USC CHAPTER 14 -EXPCITE- TITLE 42 CHAPTER 14 -HEAD- CHAPTER 14 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY ------DocID 46722 Document 449 of 463------ -CITE- 42 USC Sec. 1962d-14 -EXPCITE- TITLE 42 CHAPTER 19B SUBCHAPTER IV -HEAD- Sec. 1962d-14. Authorization of appropriations for Alaskan water resources investigation -STATUTE- There are hereby authorized to be appropriated not more than $250,000 in any one fiscal year. -SOURCE- (Aug. 9, 1955, ch. 682, Sec. 3, 69 Stat. 618.) -COD- CODIFICATION Section was not enacted as part of the Water Resources Planning Act which comprises this chapter. Section was formerly classified to section 487b of Title 48, Territories and Insular Possessions. ------DocID 46884 Document 450 of 463------ -CITE- 42 USC Sec. 2000e-14 -EXPCITE- TITLE 42 CHAPTER 21 SUBCHAPTER VI -HEAD- Sec. 2000e-14. Equal Employment Opportunity Coordinating Council; establishment; composition; duties; report to President and Congress -STATUTE- The Equal Employment Opportunity Commission shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or before October 1 of each year, the Equal Employment Opportunity Commission shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative changes as it concludes are desirable to further promote the purposes of this section. -SOURCE- (Pub. L. 88-352, title VII, Sec. 715, July 2, 1964, 78 Stat. 265; Pub. L. 92-261, Sec. 10, Mar. 24, 1972, 86 Stat. 111; Pub. L. 94-273, Sec. 3(24), Apr. 21, 1976, 90 Stat. 377; 1978 Reorg. Plan No. 1, Sec. 6, eff. July 1, 1978, 43 F.R. 19807, 92 Stat. 3781.) -COD- CODIFICATION The first sentence of this section, which read 'There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates' was omitted pursuant to Reorg. Plan No. 1 of 1978, Sec. 6, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section 2000e-4 of this title, which abolished the Equal Employment Opportunity Coordinating Council, effective July 1, 1978, as provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, set out as a note under section 2000e of this title. See Transfer of Functions note below. -MISC3- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'October' for 'July'. 1972 - Pub. L. 92-261 substituted provisions which established the Equal Employment Opportunity Coordinating Council and set forth the composition, powers, and duties of the Council for provisions which directed the Secretary of Labor to make a report to the Congress not later than June 30, 1965 concerning discrimination in employment because of age. -TRANS- TRANSFER OF FUNCTIONS 'Equal Employment Opportunity Commission' substituted in text for 'Council', meaning Equal Employment Opportunity Coordinating Council, pursuant to Reorg. Plan. No. 1 of 1978, Sec. 6, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section 2000e-4 of this title, which abolished Equal Employment Opportunity Coordinating Council and transferred its functions to Equal Employment Opportunity Commission, effective July 1, 1978, as provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, set out as a note under section 2000e of this title. -MISC5- SUBMISSION OF SPECIFIC LEGISLATIVE RECOMMENDATIONS TO CONGRESS BY JANUARY 1, 1967, TO IMPLEMENT REPORT ON AGE DISCRIMINATION Pub. L. 89-601, title VI, Sec. 606, Sept. 23, 1966, 80 Stat. 845, directed the Secretary of Labor to submit to the Congress not later than Jan. 1, 1967 his specific legislative recommendations for implementing the conclusions and recommendations contained in his report on age discrimination in employment made pursuant to provisions of this section prior to its amendment in 1972. ------DocID 50988 Document 451 of 463------ -CITE- 43 USC Sec. 14 -EXPCITE- TITLE 43 CHAPTER 1 -HEAD- Sec. 14. Returns relative to lands -STATUTE- All returns relative to the public lands shall be made to the Secretary of the Interior or such officer as he may designate. -SOURCE- (R.S. Sec. 456; July 31, 1894, ch. 174, Sec. 7, 28 Stat. 207; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 456 derived from act Apr. 25, 1812, ch. 68, Sec. 9, 2 Stat. 717. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. 'Secretary of the Interior or such officer as he may designate' substituted for 'Commissioner of the General Land Office' on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. ------DocID 51704 Document 452 of 463------ -CITE- 43 USC CHAPTER 14 -EXPCITE- TITLE 43 CHAPTER 14 -HEAD- CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION -MISC1- Sec. 641. Grant of desert land to States authorized. 641a. Issuance of quitclaim deeds; patents for segregated lands. 641b. Filing of application for quitclaim deeds. 641c. Requirements of application for quitclaim deed. 641d. Effective date of quitclaim; administration of lands relinquished by States. 642. Liens for expenses of reclamation. 643. Repealed. 644. Preference right to entryman under State laws. 645. Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation. 646. Grant extended to New Mexico and Arizona. 647. Grant extended to desert lands within part of former Ute Indian Reservation in Colorado. 648. Omitted. ------DocID 52689 Document 453 of 463------ -CITE- 45 USC Sec. 14 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 14. Liability for using car with defective equipment, except as specified -STATUTE- Except that, within the limits specified in section 13 of this title the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in sections 11 to 16 of this title shall be held or construed to relieve any railroad, the Secretary of Transportation, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements heretofore set out in sections 1 to 10 of this title; and, except as aforesaid, all of such provisions, powers, duties, requirements, and liabilities of said sections 1 to 10 of this title shall apply to sections 11 to 16 of this title. -SOURCE- (Apr. 14, 1910, ch. 160, Sec. 5, 36 Stat. 299; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(C), 80 Stat. 939; June 22, 1988, Pub. L. 100-342, Sec. 13(3)(D), 102 Stat. 632.) -REFTEXT- REFERENCES IN TEXT Penalty provided by the statutes, referred to in text, may have reference to the penalty provisions specified in section 13 of this title. -MISC2- AMENDMENTS 1988 - Pub. L. 100-342 substituted 'railroad' for 'common carrier'. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Transportation' substituted in text for 'Interstate Commerce Commission' pursuant to Pub. L. 89-670, which created Department of Transportation and transferred powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers to Secretary of Transportation. See section 1655(e)(1)(C) of Title 49, Appendix, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 12, 13, 16, 1013 of this title; title 42 section 4916; title 49 App. section 1655. ------DocID 52879 Document 454 of 463------ -CITE- 45 USC CHAPTER 14 -EXPCITE- TITLE 45 CHAPTER 14 -HEAD- CHAPTER 14 - RAIL PASSENGER SERVICE -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 501. Congressional findings. 501a. Goals. 502. Definitions. SUBCHAPTER II - BASIC NATIONAL RAIL PASSENGER SYSTEM 521. Designation of system. 522. Review of the basic system. SUBCHAPTER III - NATIONAL RAILROAD PASSENGER CORPORATION 541. Establishment of Corporation. 542. Incorporation. 543. Directors and officers. (a) Number; qualifications; appointment; compensation and allowances. (b) Bylaws. (c) Stock conversion and voting rights. (d) Appointment; tenure; duties of president and other officers. 544. Common and preferred stock. (a) Issuance; par value; dividends. (b) Limitations on voting common stock. (c) Preferred stock issued to Secretary; dates of issuance. (d) Issuance of nonvoting securities, bonds, notes, and other certificates of indebtedness; liquidation interest. (e) Rights of inspection and copying; fee or other taxation. 545. General powers. (a) Corporate powers attendant to operation of intercity and commuter trains for transporation of passengers, mail, and express. (b) Revenue increases; auto-ferry service; assistance of Federal departments and agencies. (c) Transportation and reduced fare program for elderly and handicapped individuals. (d) Acquisition of property; declaration of taking; property compensation; procedures; transfer of title. (e) Improvement of service and equipment; research and development; demonstration programs; international rail passenger service; other corporate purposes. (f) Operational improvement program; comprehensive plan, submittal to President and Congress. (g) Maintenance, rehabilitation, repair and refurbishment of rail passenger equipment. (h) Northeast Corridor project; completion and implementation; assistance by Corporation. (i) Customs inspection and immigration procedures. (j) Railroad police; employment by Corporation. (k) Purchase of articles, materials and supplies mined, manufactured or produced in United States; exceptions. (l) Repealed. (m) Adequacy of service reports. (n) Food and beverage service; revenues. 545a. Mail service. 546. Laws applicable. (a) Corporation deemed common carrier subject to interstate commerce provisions; exceptions. (b) Interstate commerce provisions relating to safety and employee relations. (c) State or other laws relating to rates, routes, and service inapplicable. (d) District of Columbia laws relating to leases and contracts. (e) Certain users and operators of facilities and equipment exempt from prohibitions of existing law. (f) Travel by train; contract air program. (g) Freedom of information provisions. (h) Auto-ferry service; pre-emption of State law. (i) Communicable disease control requirements; applicability to intercity rail passenger service; disposal of human waste. (j) Intercity through routes and joint fares; cooperation between Corporation and other intercity common carriers of passengers. (k) Repealed. (l) State or local laws relating to pay periods or pay days inapplicable; frequency of payments. (m) Business activity and qualification; District of Columbia as principal office and place of business for process and citizenship for original Federal jurisdiction. (n) Additional taxes. 546a. Jurisdiction of Interstate Commerce Commission over rate, fare, charge, or marketing practice. 546b. Exemption from taxes or other fees imposed by any State, political subdivision, or local taxing authority levied on the Corporation or any railroad subsidiary; covered period; jurisdiction to enforce exemption. 547. Jurisdiction of district courts of United States to impose sanctions. 548. Reports to President and Congress. (a) Annual operations. (b) Annual report. (c) Balanced national transportation system. SUBCHAPTER IV - PROVISION OF RAIL PASSENGER SERVICES 561. Assumption of intercity rail passenger service by Corporation. (a) Contracts; passenger deficit payments; determination of amount; referral to Interstate Commerce Commission; payment schedule. (b) Commencement of operations. (c) Others prohibited from conducting intercity rail passenger service. 562. Facilities and service agreements. (a) Contracts with railroads or regional transportation agencies; authority of Interstate Commerce Commission; fixing of compensation; agreements with State, local or regional transportation agencies; disagreement procedures; criteria for compensation. (b) Immediate availability of tracks and other facilities. (c) Emergency measures. (d) Disagreement procedures. (e) Preferences for intercity or commuter passenger trains. (f) Accelerated speeds. (g) Operation of additional trains. 563. State supported services. (a) Route additions. (b) Application for institution or retention of services; contents; review; agreement of Corporation with State; financing; fare increases. (c) Repealed. (d) Continuance of service; funding. 564. Addition to or discontinuance of routes and services. (a) Discontinuance of service. (b) Route and Service Criteria for route discontinuances. (c) Development of specific proposals; operation within available resources; review of routes; reduction of costs; notice of service discontinuance. (d) Long distance and short distance route operations dependent on short term avoidable loss; factors; calculations; report to Congressional committees. (e) Repealed. (f) Saint Petersburg (Tampa) on Amtrak Route System. (g) Short-haul train demonstration of major metropolitan area linkage operations. 565. Protective arrangements for employees. (a) Duty of railroads; discontinuance of intercity rail passenger service. (b) Substantive requirements for protection. (c) Commencement of protection. (d) Obligations of contractors; minimum wages; labor, health, and safety standards. (e) Contracts not to result in layoff. (f) Free or reduced-rate transportation for railroad employees; single systemwide schedule of terms and compensation; reimbursement of Corporation by railroads; retroactive relief after October 1, 1981; 'railroad employee' defined. (g) Amtrak commuter exception. 566. Retention and maintenance of facilities. (a) Necessity of approval by Secretary for downgrading or disposal of facilities. (b) Notification; agreement of Corporation and railroad; applications for approval by Secretary. (c) Approval of applications; objections to approval; payment of avoidable costs. (d) Avoidable costs-agreement considerations; analysis of facilities; survey plans. (e) Definitions; obligations unaffected by downgrading or disposal of facilities. SUBCHAPTER V - AMTRAK COMMUTER SERVICES 581. Amtrak Commuter Service Corporation. (a) Establishment. (b) Governmental status, etc.; contract operator of commuter service. (c) Entities having regulatory jurisdiction; tax exemption; antitrust exemption. (d) Incorporation. 582. Directors and officers. 583. General powers. 584. Commuter service. (a) Operation pursuant to agreement with commuter authority. (b) Scope of commuter services offered. (c) Operating payments. (d) Discontinuance. (e) Compensation for right-of-way related costs. (f) Pre-January 2, 1974, leases and agreements. (g) Commuter services provided by other commuter authorities. (h) Avoidance of duplication; consolidation of work forces. 585. Northeast Corridor Coordination Board. (a) Development of policies. (b) Recommendation of actions. (c) Membership. 586. Property transfers. (a) Commuter authority to operate commuter service or contract with Amtrak Commuter; notice of intent. (b) Transfer agreements: contents, time, etc. (c) Terms and conditions for transfer. (d) Procedure if terms and conditions not agreed upon by specified date. (e) Transfers to commuter authorities. (f) Appeal to Secretary on transfers to commuter authorities. (g) Valuation of property transferred. (h) Assignments. (i) Rail properties used chiefly in freight service and trackage rights for freight operations; resolution of disputes. (j) Rights, duties, and obligations of Conrail or successor. 587. Judicial review. 588. Transfer of employees. (a) Implementing agreement with Conrail, etc. (b) Negotiations for implementing agreement. (c) Scope of negotiations for implementing agreement. (d) Neutral referee in event of impasse in negotiations; selection, appointment, etc. (e) Additional implementing agreement with Amtrak Commuter, etc. (f) Employees of Conrail not offered employment. 589. Factfinding panel. (a) Establishment, chairman, etc. (b) Appointment of public members. (c) Report. (d) Provision of assistance. 590. Collective bargaining agreements for Amtrak Commuter or commuter authorities. (a) Cut-off dates for and scope of new agreements. (b) Establishment of emergency board in event of failure to reach new agreement. (c) Emergency board; creation; public hearing; report. (d) Submission of final offers to board for settlement of dispute in event parties fail to reach agreement. (e) Report to President regarding selection of most reasonable offer. (f) Work stoppages subsequent to selection by board of final offer of carrier; eligibility of employees for unemployment benefits. (g) Refusal of carrier to accept selection by board of final offer of employees; eligibility of carriers for benefits during work stoppages. (h) Exclusive statutory means for resolution of disputes. 591. Applicability of laws. SUBCHAPTER VI - FEDERAL FINANCIAL ASSISTANCE 601. Authorization of appropriations; allocations. 602. Guarantee of loans. (a) Authority of Secretary to guarantee. (b) General obligation status. (c) Termination of guarantees; conclusive evidence. (d) Unpaid principal amount limitation. (e) Authorization of appropriations. (f) Notes and other obligations. (g) Loans not includable in gross income. (h) Guidelines for capital and budgetary plans. (i) Repealed. (j) Deferral of interest. (k) Legislative recommendations respecting relief of Amtrak debt due Federal Government. SUBCHAPTER VII - EMERGENCY FINANCIAL ASSISTANCE 621, 622. Repealed. SUBCHAPTER VIII - MISCELLANEOUS PROVISIONS 641. Repealed. 642. Effect on pending proceedings. 643. Separability. 644. Records and audit of Corporation and certain railroads. 645. Repealed. 646. Railroad Safety System Program. 647. Employee Compensation and Incentive Commission. (a) Membership; qualification. (b) Functions. (c) Recommendations to Board of Directors; notice to Congress. 648. Model Job Placement Program. 649. Incentives for passenger service agreements. 650. Repealed. 650a. National Railroad Passenger Corporation; petitions for relocation or other remedial assistance for dangerous conditions; recommendation by Secretary to Congress. SUBCHAPTER IX - RAIL PASSENGER CORRIDORS 651. Development of evaluation method. (a) Evaluation of rail passenger corridors. (b) Determination of method design; factors considered. (c) Priority ranking of corridors. (d) Submittal of proposed method of evaluation to Congress and Congressional committees. 652. Design and engineering. (a) Development of plans by Corporation. (b) Consultation with Secretary and appropriate officials of corridor States. (c) Cooperation with rail carriers. 653. Final corridor evaluation. 654. Equipment acquisition. 655. Private sector development. (a) Encouragement by Secretary. (b) Removal of institutional barriers; coordination of investment of Federal funds. (c) Submittal of report to Congress. 656. Speed restrictions. 657. Service between corridors. 658. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 851 of this title. ------DocID 53568 Document 455 of 463------ -CITE- 46 USC APPENDIX - SHIPPING Sec. 14 -EXPCITE- TITLE 46 APPENDIX CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 14. Wrecked vessels -STATUTE- The Commissioner of Customs may issue a register or enrollment for any vessel wrecked on the coasts of the United States or her possessions or adjacent waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Commissioner, if he deems it necessary, through a board of three appraisers appointed by him, that the said repairs put upon such vessels (FOOTNOTE 1) are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal provided for shall be borne by the owner of the vessel: Provided further, That if any of the material matters of fact sworn to or represented by the owner, or at his instance, to obtain the register of any vessel are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with tackle, apparel, and furniture thereof. (FOOTNOTE 1) So in original. Probably should be 'vessel'. -SOURCE- (R.S. Sec. 4136; Feb. 24, 1915, ch. 57, 38 Stat. 812; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) -COD- CODIFICATION R.S. Sec. 4136 derived from acts Dec. 23, 1852, ch. 4, 10 Stat. 149; July 23, 1866, ch. 213, 14 Stat. 212. R.S. Sec. 4136 was repealed by act Feb. 22, 1906, ch. 500, 34 Stat. 17, and was reenacted and revised by act Feb. 24, 1915. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Customs, referred to in text, is an officer of Department of the Treasury. 'Commissioner of Customs' substituted in text for 'Secretary of Commerce' on authority of Reorg. Plan No. 3 of 1946, Sec. 101-104, set out as a note preceding section 3 of this Appendix. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 sections 3703a, 12106, 12107, 12108. ------DocID 53674 Document 456 of 463------ -CITE- 46 USC APPENDIX - SHIPPING CHAPTER 14 -EXPCITE- TITLE 46 APPENDIX CHAPTER 14 -HEAD- CHAPTER 14 - INSPECTION OF STEAM VESSELS -MISC1- SUBCHAPTER VII - OCEANOGRAPHIC RESEARCH VESSELS Sec. 441. Exemption of oceanographic research vessels from inspection laws; definitions. 443. Vessel not engaged in trade or commerce. 444. Scientific personnel not considered seamen. SUBCHAPTER VIII - SAILING SCHOOL VESSELS 446. Sailing school students and sailing school instructors without seamen status under steam-vessel and merchant seamen provisions or maritime law doctrines. 446a. Financial responsibility; minimum amount; evidence. 446b. Sailing school vessel without status of merchant vessel or vessel engaged in trade or commerce. 446c. Definitions. ------DocID 54069 Document 457 of 463------ -CITE- 47 USC Sec. 14 -EXPCITE- TITLE 47 CHAPTER 1 -HEAD- Sec. 14. Contracts filed with Federal Communications Commission; reports; failure to make -STATUTE- It shall be the duty of each and every one of the aforesaid railroad and telegraph companies annually to report to the Federal Communications Commission, with reasonable fullness and certainty, the nature, extent, value, and condition of the telegraph lines and property then belonging to it, the gross earnings, and all expenses of maintenance, use, and operation thereof, and its relation and business with all connecting telegraph companies during the preceding year, at such time and in such manner as may be required by a system of reports which said commission shall prescribe; and if any of said railroad or telegraph companies shall refuse or fail to make such reports or any report as may be called for by said commission, or refuse to submit its books and records for inspection, such neglect or refusal shall operate as a forfeiture, in each case of such neglect or refusal, of a sum not less than $1,000 nor more than $5,000, to be recovered by the Attorney General of the United States, in the name and for the use and benefit of the United States; and it shall be the duty of the Federal Communications Commission to inform the Attorney General of all such cases of neglect or refusal, whose duty it shall be to proceed at once to judicially enforce the forfeitures herein before provided. -SOURCE- (Aug. 7, 1888, ch. 772, Sec. 6, 25 Stat. 384; June 19, 1934, ch. 652, Sec. 601, 48 Stat. 1101.) -COD- CODIFICATION A provision in the original enactment of this section requiring filing of copies of contracts, agreements, etc., within 60 days from passage of act Aug. 7, 1888 was omitted. -TRANS- TRANSFER OF FUNCTIONS Duties, powers, and functions under this section relating to operation of telegraph lines by railroad and telegraph lines granted Government aid in construction of their lines imposed on and vested in Federal Communications Commission by act June 19, 1934. See section 601 of this title. -CROSS- CROSS REFERENCES Exclusive jurisdiction of district court of the United States of action for recovery of forfeiture, see section 1355 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12, 15, 601 of this title. ------DocID 54825 Document 458 of 463------ -CITE- 48 USC CHAPTER 14 -EXPCITE- TITLE 48 CHAPTER 14 -HEAD- CHAPTER 14 - TRUST TERRITORY OF THE PACIFIC ISLANDS -MISC1- Sec. 1681. Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement. 1681a. Appointment of High Commissioner. 1681b. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior. (a) Functions, powers, and duties transferred. (b) Scope of authority transferred. (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior. 1681c. Repealed. 1682. Purchases by government of Trust Territory of the Pacific Islands. 1683. Auditing of transactions of Trust Territory of the Pacific Islands. 1684. Expenditure of funds for administration of Trust Territory of the Pacific Islands. 1685. Transfer of property or money for administration of Trust Territory of the Pacific Islands. 1686, 1687. Omitted. 1688. Trust Territory of the Pacific Islands Economic Development Loan Fund. 1689. Plan for use of grant to Trust Territory of the Pacific Islands Economic Development Loan Fund; loans; terms. 1690. Loans from Trust Territory of the Pacific Islands Economic Loan Fund; restrictions; guarantees. 1691. Fiscal control and accounting procedures for plan for use of grant. 1692. Comprehensive annual financial report by chief executives of governments of the Marshall Islands, Federated States of Micronesia, Palau, and Northern Mariana Islands; contents; transmittal; other reports; written statement of actions taken or contemplated on Federal audit recommendations. 1693. Audit of government; access to books, records, etc. 1694. District Court for the Northern Mariana Islands. (a) Establishment; judicial circuit; terms of court. (b) Appointment, tenure, removal, compensation, etc., of District Court judge; appointment of United States attorney and United States marshal. (c) Applicability of Federal rules and statutory requirements. 1694a. Jurisdiction of District Court; original jurisdiction; procedural requirements. 1694b. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules. (a) Appellate jurisdiction of District Court. (b) Appellate division of District Court; quorum; presiding judge; designation of judges; decisions. (c) United States Court of Appeals for Ninth Circuit; jurisdiction; appeals; rules. 1694c. Relations between courts of United States and courts of Northern Mariana Islands; applicability of statutory provisions. 1694d. Effective date. 1694e. Authorization of appropriations. 1695. Federal education and health care programs; nonapplicability or nonparticipation. ------DocID 55227 Document 459 of 463------ -CITE- 49 USC APPENDIX - TRANSPORTATION Sec. 14 -EXPCITE- TITLE 49, APPENDIX CHAPTER 1 -HEAD- Sec. 14. Repealed. Pub. L. 95-473, Sec. 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470 -MISC1- Section repealed subject to an exception related to transportation of oil by pipeline. For disposition of this section in revised Title 49, Transportation, see Table at beginning of Title 49. See, also, notes following Table. Prior to repeal, section read as follows: Sec. 14. Reports and decisions of Commission (1) Reports of investigations by Commission Whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, together with its decision, order, or requirement in the premises; and in case damages are awarded, such report shall include the findings of fact on which the award is made. (2) Record of reports; copies All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. (3) Publication of reports and decisions; printing and distribution of annual reports The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. The Commission may also cause to be printed for early distribution its annual reports. (Feb. 4, 1887, ch. 104, pt. I, Sec. 14, 24 Stat. 384; Mar. 2, 1889, ch. 382, Sec. 4, 25 Stat. 859; June 29, 1906, ch. 3591, Sec. 3, 34 Stat. 589; Feb. 28, 1920, ch. 91, Sec. 417, 41 Stat. 484; Aug. 9, 1935, ch. 408, Sec. 1, 49 Stat. 543.) ------DocID 55425 Document 460 of 463------ -CITE- 49 USC APPENDIX - TRANSPORTATION CHAPTER 14 -EXPCITE- TITLE 49, APPENDIX CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL AID FOR PUBLIC AIRPORT DEVELOPMENT ------DocID 56088 Document 461 of 463------ -CITE- 50 USC CHAPTER 14 -EXPCITE- TITLE 50 CHAPTER 14 -HEAD- CHAPTER 14 - WARTIME VOTING BY LAND AND NAVAL FORCES ------DocID 56380 Document 462 of 463------ -CITE- 50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 14 -EXPCITE- TITLE 50 APPENDIX TRADING WITH THE ENEMY ACT OF 1917 ACT OCT -HEAD- Sec. 14. False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export -STATUTE- During the present war, whenever there is reasonable cause to believe that the manifest or the additional statements under oath required by the preceding section (section 13 of this Appendix) are false or that any vessel, domestic or foreign, is about to carry out of the United States any property to or for the account or benefit of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport will be in violation of law, the collector of customs for the district in which such vessel is located is authorized and empowered subject to review by the President to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. The collector of customs shall, during the present war, in each case report to the President the amount of gold or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall include the names and addresses of the consignors and consignees, together with any facts known to the collector with reference to such shipment and particularly those which may indicate that such gold or silver coin or bullion or moneys of the United States may be intended for delivery or may be delivered, directly or indirectly, to an enemy or an ally of enemy. -SOURCE- (Oct. 6, 1917, ch. 106, Sec. 14, 40 Stat. 424.) -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 2680. ------DocID 7608 Document 463 of 463------ -CITE- 2 USC CHAPTER 14 -EXPCITE- TITLE 2 CHAPTER 14 -HEAD- CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS -MISC1- SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Sec. 431. Definitions. 432. Organization of political committees. (a) Treasurer; vacancy; official authorizations. (b) Account of contributions; segregated funds. (c) Recordkeeping. (d) Preservation of records and copies of reports. (e) Principal and additional campaign committees; designations, status of candidate, authorized committees, etc. (f) Filing with and receipt of designations, statements, and reports by principal campaign committee. (g) Filing with and receipt of designations, statements, and reports by Clerk of House of Representatives or Secretary of Senate; forwarding to Commission; filing requirements with Commission; public inspection and preservation of designations, etc. (h) Campaign depositories; designations, maintenance of accounts, etc.; petty cash fund for disbursements; record of disbursements. (i) Reports and records, compliance with requirements based on best efforts. 433. Registration of political committees. (a) Statements of organizations. (b) Contents of statements. (c) Change of information in statements. (d) Termination, etc., requirements and authorities. 434. Reporting requirements. (a) Receipts and disbursements by treasurers of political committees; filing requirements. (b) Contents of reports. (c) Statements by other than political committees; filing; contents; indices of expenditures. 435, 436. Repealed. 437. Reports on convention financing. 437a, 437b. Repealed. 437c. Federal Election Commission. (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman. (b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office. (c) Voting requirements; delegation of authorities. (d) Meetings. (e) Rules for conduct of activities; judicial notice of seal; principal office. (f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions. 437d. Powers of Commission. (a) Specific authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court. (c) Civil liability for disclosure of information. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or comments on legislation. (e) Exclusive civil remedy for enforcement. 437e. Repealed. 437f. Advisory opinions. (a) Requests by persons, candidates, or authorized committees; subject matter; time for response. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance. (d) Requests made public; submission of written comments by interested public. 437g. Enforcement. (a) Administrative and judicial practice and procedure. (b) Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports. (c) Reports by Attorney General of apparent violations. (d) Penalties; defenses; mitigation of offenses. 437h. Judicial review. 438. Administrative provisions. (a) Duties of Commission. (b) Audits and field investigations. (c) Statutory provisions applicable to forms and information-gathering activities. (d) Rules, regulations, or forms; issuance, procedures applicable, etc. (e) Scope of protection for good faith reliance upon rules or regulations. (f) Promulgation of rules, regulations, and forms by Commission and Internal Revenue Service; report to Congress on cooperative efforts. 439. Statements filed with State officers; 'appropriate State' defined; duties of State officers. 439a. Use of contributed amounts for certain purposes. 439b. Repealed. 439c. Authorization of appropriations. 440, 441. Repealed. 441a. Limitations on contributions and expenditures. (a) Dollar limits on contributions. (b) Dollar limits on expenditures by candidates for office of President of United States. (c) Increases on limits based on increases in price index. (d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office. (e) Certification and publication of estimated voting age population. (f) Prohibited contributions and expenditures. (g) Attribution of multi-State expenditures to candidate's expenditure limitation in each State. (h) Senatorial candidates. 441b. Contributions or expenditures by national banks, corporations, or labor organizations. 441c. Contributions by government contractors. (a) Prohibition. (b) Separate segregated funds. (c) 'Labor organization' defined. 441d. Publication and distribution of statements and solicitations; charge for newspaper or magazine space. 441e. Contributions by foreign nationals. 441f. Contributions in name of another prohibited. 441g. Limitation on contribution of currency. 441h. Fraudulent misrepresentation of campaign authority. 441i. Acceptance of excessive honorariums. (a) Prohibited practices. (b) Payment of honorarium to charitable organization. (c) Aggregate amount received during any calendar year. (d) Time of acceptance of honorarium. 441j. Repealed. 442. Authority to procure technical support and other services and incur travel expenses; payment of such expenses. SUBCHAPTER II - GENERAL PROVISIONS 451. Extension of credit by regulated industries; regulations. 452. Prohibition against use of certain Federal funds for election activities. 453. State laws affected. 454. Partial invalidity. 455. Period of limitations. 456. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 61a-9 of this title; title 28 App. section 308. ------End Document Listing------ Thank You For Using I-SEARCH.