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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.

SECTION 488-SECTION REVISED

Derived from title 34, U. S. C., 1946 ed., § 885, and title 14, U. S. C., 1946 ed., § 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., § 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.

SECTION 489-NEW SECTION

Derived from title 34, U. S. C., 1946 ed., § 943 (June 4, 1920, ch. 228, § 1, 41 Stat. 824; May 22, 1928, ch. 685, 45 Stat. 710; Mar. 7, 1942, ch. 166, §§ 10, 15, 56 Stat. 145, 147; Mar. 29, 1944, ch. 141, § 1, 58 Stat. 129).

Said section is changed to accomplish the same result as under existing law by assimilation to the Navy statute, rather than by inclusion in it. This will cover Coast Guard personnel in case amendment to the Navy statute in the future fails to provide for the Coast Guard.

SECTION 490-SECTION REVISED

Based on title 31, U. S. C., 1946 ed., § 222g (Dec. 28, 1945, ch. 597, § 5, as added Mar. 20, 1946, ch. 104, 60 Stat. 56).

Said section has been divided. That part making sections 222e222h of title 31, U. S. C., 1946 ed., relating to claims for loss of property in military service applicable to the Coast Guard, is covered in this section. That part making section 223d of title 31, U. S. C., 1946 ed., relating to claims incident to activities of the Navy applicable to the Coast Guard is covered in section 645 of this title.

The language of the basic statute (title 31, U. S. C., 1946 ed., § 222e) is paralleled for the Coast Guard in order to avoid the circuitous method of making it applicable as is the situation under existing law.

SECTION 491-NEW SECTION

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., § 354, providing for awards to personnel of the Navy.

SECTION 492-NEW SECTION

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., § 355, providing for awards to personnel of the Navy.

SECTION 493-NEW SECTION

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., § 356b).

SECTION 494-NEW SECTION

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., § 358).

SECTION 495-NEW SECTION

This section provides the same additional pay for enlisted personnel who receive certain awards, as is provided for enlisted personnel of the Navy who receive similar awards (see title 34, U. S. C., 1946 ed., § 357).

SECTION 496-NEW SECTION

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., § 1409 and title 34, U. S. C., 1946 ed., § 360).

SECTION 497-NEW SECTION

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., § 362).

SECTION 498-NEW SECTION

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., § 363).

SECTION 499-NEW SECTION

This section provides for the delegation of powers to make awards to the Secretary. The Navy ste tute provides for such delegation to force commanders (see title 34, U. S. C., 1946 ed., § 364).

SECTION 500-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 193, 194, 195, 196 (June 20, 1874, ch. 344, § 7, 18 Stat. 127; June 18, 1878, ch. 265, § 12, 20 Stat. 165; May 4, 1882, ch. 117, § 9, 22 Stat. 57; Jan. 21, 1897, ch. 83, 29 Stat. 494).

Said sections have been rewritten so as to make the awarding of lifesaving 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., §§ 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 UNSATIS-
FACTORY. THE ORIGINAL STATUTE, ENACTED IN 1874 (TITLE 14,
U. S. C., 1946 ED., § 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., § 194) AUTHORIZING THE BE-
STOWAL OF THE MEDAL OF THE SECOND CLASS "UPON PERSONS MAKING
SUCH SIGNAL EXERTIONS IN RESCUING AND SUCCORING THE SHIP-

WRECKED, 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, LIFESAVING 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. ATTY. 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 RESCUEING 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., § 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 JURIS

DICTIONAL LANGAUGE IN THE THREE ACTS. FOR EXAMPLE, TITLE 14, U. S. C., 1946 ED., § 193 REFERS TO RESCUES "WITHIN THE UNITED STATES", WHILE TITLE 14, U. S. C., 1946 ED., § 196 REFERS TO RESCUES "IN THE WATERS OVER WHICH THE UNITED STATES HAS

SUB

JURISDICTION". THE NEED FOR CLARIFICATION IS OBVIOUS. SECTION (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., 195 EXCEPT THAT AUTHORITY IS GRANTED TO AWARD MEDALS POSTHUMOUSLY.

SECTION 501-NEW SECTION

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., § 1416 and title 34, U. S. C., 1946 ed., § 359.)

SECTION 502-NEW SECTION

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.

SECTION 503-SECTION REVISED

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, 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.

SECTION 504-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 41a (June 6, 1940, ch. 257, § 11, 44 Stat. 817).

Changes in phraseology were made.

SECTION 505-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 41 (Mar. 2, 1929, ch. 574, § 4, 45 Stat. 1534).

The last sentence of said section is eliminated as no longer needed. Changes in phraseology were made.

SECTION 506-NEW SECTION

Derived from title 34, U. S. C., 1946 ed., § 551 (June 30, 1914, ch. 130, 38 Stat. 406; Mar. 4, 1925, ch. 526, § 27, 43 Stat. 1278).

Said section authorized the Navy to issue a national ensign for draping the coffin of a deceased member. It is believed that similar provision should be made for Coast Guard personnel.

Said section would in no way be affected.

SECTION 507-NEW SECTION

Derived from title 34, U. S. C., 1946 ed., § 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.

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