Page images
PDF
EPUB

This

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. section would prevent inadvertent failures specifically to mention the Coast Guard in legislation of the type described in this section from hindering service operations.

SECTION 653-SECTION Revised

Based on title 33, U. S. C., 1946 ed., § 716 (June 17, 1910, ch. 301 § 9, 36 Stat. 538; July 27, 1939, ch. 388, § 1, 53 Stat. 1130). Changes in phraseology were made.

[blocks in formation]

25. GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY..

821 891

CHAPTER 21. COAST GUARD RESERVE

Sec.

751. Purpose and administration of Reserve.

752. Eligibility.

753. Term; duty; training.

754. Grades and ratings; military authority.

755. Pay, allowances, and other benefits.

756. Temporary membership; eligibility; compensation.

757. Exemption from military training and draft.

758. Discipline.

759. Uniform allowance.

760. Disability or death benefits for temporary members. 761. Engaging in civil occupation; leave for training duty. 762. Women's Reserve.

SECTION 751-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 301, 304 (Feb. 19, 1941, ch. 8, title II, §§ 201, 204, 55 Stat. 11; Nov. 23, 1942, ch. 639, § 2 (2), 56 Stat. 1021).

The description of the purpose of the Reserve is changed from "to perform such extraordinary duties as may be necessitated by emergency conditions" to "to enable the Coast Guard to perform its functions and duties at all times".

The authority to prescribe regulations is granted to the Secretary instead of to the Commandant.

Changes in phraseology were made.

SECTION 752-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 302 (Feb. 19, 1941, ch. 8, title II, § 202, 55 Stat. 11; July 11, 1941, ch. 290, § 10 (2), 55 Stat. 587; Oct. 26, 1942, ch. 628, 56 Stat. 990; Nov. 23, 1942, ch. 639, § 2 (3), 56 Stat. 1021; Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 60 Stat. 1352).

Reference to the Philippine Islands is eliminated.

The upper age limit is reduced to 62 years in order to make it the same for Regulars and Reserves.

Changes in phraseology were made.

SECTION 753-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 305, 351 (Feb. 19, 1941, ch. 8, title II, § 205, title III, § 301, 55 Stat. 11, 13; July 11, 1941, ch. 290, § 10 (3), 55 Stat. 587).

Section 305 of title 14, U. S. C., 1946 ed., has been divided. That part relating to power, authority, rights, and privileges of members of the Reserve is placed in section 754 of this title. The remainder is placed in this section.

Section 351 of title 14, U. S. C., 1946 ed., has been divided. That part relating to the Coast Guard Reserve is placed in this section. That part relating to the Coast Guard Auxiliary is placed in section 823 of this title.

A provision to the effect that members of the Reserve may be continued on active duty for 6 months after termination of a war or emergency is new.

Changes in phraseology were made.

SECTION 754-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 303, 305 (Feb. 19, 1941, ch. 8, title II, §§ 203, 205, 55 Stat. 11; July 11, 1941, ch. 290, § 10 (3), 55 Stat. 587; June 6, 1942, ch. 385, § 1 (2), 56 Stat. 329).

Section 305 of title 14, U. S. C., 1946 ed., has been divided. That part relating to power, authority, rights, and privileges of members of the Reserve is placed in this section. The remainder is placed in section 753 of this title.

The restriction on grade contained in title 14, U. S. C., 1946 ed., § 303 is raised from captain to rear admiral. The restriction on initial appointment is eliminated entirely so that initial appointments in the Reserve may be made in the grade of rear admiral or below.

The phrase "in the execution of their duties" is added to that part which defines the rights and privileges of reserve officers. Changes in phraseology were made.

SECTION 755-SECTION REVISED

Subsection (a) is based on title 14, U. S. C., 1946 ed., § 306 (Feb. 19, 1941, ch. 8, title II, § 206, 55 Stat. 11; July 11, 1941, ch. 290, § 10 (4), 55 Stat. 588; June 6, 1942, ch. 385, § 1 (3), 56 Stat. 329; Nov. 23, 1942, ch. 639, § 2 (4), 56 Stat. 1021).

Reference to cadets is omitted because they are included in the broad term "Personnel of the Reserve".

The last two sentences of said section are eliminated as no longer needed; the section as rewritten is intended to cover the special situations referred to in the last two sentences by assimilation to pay of the Naval Reserve.

Changes in phraseology were made.

Subsection (b) is new and insures that all benefits prescribed in Chapter 13 for Regular personnel with specified exceptions are equally available to members of the Reserve.

Subsection (c) is based on title 14, U. S. C., 1946 ed., § 311 (Feb. 19, 1941, ch. 8, title II, § 211, 55 Stat. 12).

Said section has been divided. That part relating to members of the Reserve is placed in this section. That part relating to temporary members of the Reserve is covered in section 893 of this title.

Changes in phraseology were made.

Subsection (d) is new and provides that members of the Reserve shall in case of sickness or injury suffered while on active duty be entitled to the same treatment and hospitalization as Regular personnel. Subsection (e) is based on title 14, U. S. C., 1946 ed., § 186 (June 29, 1948, ch. 708, § 311, 62 Stat. 1090.)

Said act provides for the retirement of members of the Coast Guard Reserve along with members of the reserve components of the other armed forces. This section assimilates the retirement of members of the Coast Guard Reserve to members of the Naval Reserve; this is more in accord with other laws relating to members of the Coast Guard Reserve.

Said act, in its application to the other armed forces, would in no way be changed.

SECTION 756-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 307 (Feb. 19, 1941, ch. 8, title II, § 207, 55 Stat. 12; June 6, 1942, ch. 385, § 1 (4), 56 Stat. 329; Oct. 26, 1942, ch. 628, 56 Stat. 990; Nov. 23, 1942, ch. 639, § 2 (5), 56 Stat. 1021; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352).

Changes in phraseology were made.

SECTION 757-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 308 (Feb. 19, 1941, ch. 8, title II, § 208, 55 Stat. 12).

Reference to the Auxiliary is eliminated because it is not a military

service.

Changes in phraseology were made.

SECTION 758-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 309 (Feb. 19, 1941, ch. 8, title II, § 209, 55 Stat. 12).

Changes in phraseology were made.

SECTION 759-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 310 (Feb. 19, 1941, ch. 8, title II, § 210, 55 Stat. 12; July 11, 1941, ch. 290, § 10 (5), 55 Stat. 588; June 6, 1942, ch. 385, § 1 (5), 56 Stat. 330; Nov. 23, 1942, ch. 639, § 2 (6), 56 Stat. 1021).

Reference to temporary members of the Reserve is eliminated as no longer needed.

Changes in phraseology were made.

SECTION 760-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 312 (Feb. 19, 1941, ch. 8, title II, § 212, 55 Stat. 12; Nov. 23, 1942, ch. 639, § 2 (7), 56 Stat. 1021; Sept. 30, 1944, ch. 449, § 1, 58 Stat. 756; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095).

Said section has been divided. That part relating to temporary members of the Reserve is placed in this section. That part relating to the Auxiliary is placed in section 832 of this title.

Subsection (d) of section 312 of title 14, U. S. C., 1946 ed., is eliminated because no longer needed.

Changes in phraseology were made.

SECTION 761-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 313 (Feb. 19, 1941, ch. 8, title II, section 213, 55 Stat. 13).

Said section is rewritten to protect directly the rights of members of the Reserve in regard to their profession or occupation in civil life, rather than to protect only Federal or District of Columbia employees by assimilation to members of the Naval Reserve.

Similar provisions for members of the Naval Reserve are contained in title 34, U. S. C., 1946 ed., §§ 853b, 853g.

SECTION 762-NEW SECTION

This section is designed to provide for a permanent Women's Reserve as a component part of the Coast Guard Reserve, in lieu of the former law which was contained in sections 381-388 of title 14, which sections were repealed by section 1 of the Act of July 25, 1947, 61 Stat. 449.

Sec.

CHAPTER 23. COAST GUARD AUXILIARY

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.

SECTION 821-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 260, 263 (Feb. 19, 1941, ch. 8, title I, §§ 1, 4, 55 Stat. 9, 10).

This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its administration.

SECTION 822-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 261 (Feb. 19, 1941, ch. 8, title I, § 2, 55 Stat. 9; Sept. 30, 1944, ch. 453, § 1, 58 Stat. 759). Changes in phraseology were made.

SECTION 823-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 262, 351 (Feb. 19, 1941, ch. 8, title I, § 3, title III, § 301, 55 Stat. 9, 13; Oct. 26, 1942, ch. 628, 56 Stat. 990; Sept. 30, 1944, ch. 453, § 2, 58 Stat. 760).

All reference to the Philippine Islands is eliminated.
Changes in phraseology were made.

SECTION 824-NEW SECTION

Experience has shown that it is desirable to have a statute definitely providing for separation of Auxiliarists from the organization.

SECTION 825-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 264 (Feb. 19, 1941, ch. 8, title I, § 5, 55 Stat. 10).

Changes in phraseology were made.

SECTION 826-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 265 (Feb. 19, 1941, ch. 8, title I, § 6, 55 Stat. 10; Nov. 23, 1942, ch. 639, § 2 (1), 56 Stat. 1021; Sept. 30, 1944, ch. 453, § 3, 58 Stat. 760).

Changes in phraseology were made.

SECTION 827-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 266 (Feb. 19, 1941, ch. 8, title I, § 7, 55 Stat. 10).

Changes in phraseology were made.

SECTION 828-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 266a (Feb. 19, 1941, ch. 8, title I, § 7A, as added Sept. 30, 1944, ch. 453, § 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 in phraseology were made.

SECTION 829-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 266b (Feb. 19, 1941, ch. 8, title I, § 7B, as added Sept. 30, 1944, ch. 453, § 4, 58 Stat. 760). Changes in phraseology were made.

SECTION 830-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 267 (Feb. 19, 1941, ch. 8, title I, § 8, 55 Stat. 10; June 6, 1942, ch. 385, § 1 (1), 56 Stat. 329; Sept. 30, 1944, ch. 449, § 2, 58 Stat. 757; Sept. 30, 1944, ch. 453, § 5, 58 Stat. 760).

Changes in phraseology were made.

SECTION 831-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 268 (Feb. 19, 1941, ch. 8, title I, § 9, 55 Stat. 10; July 11, 1941, ch. 290, § 10 (1), 55 Stat. 587; Sept. 30, 1944, ch. 453, § 6, 58 Stat. 761).

Changes in phraseology were made.

« PreviousContinue »