42 USC 9166. 42 USC 9167. SEC. 406. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce, for the use of the Administrator in carrying out the provisions of this Act, not to exceed $3,000,000 for the fiscal year ending September 30, 1981, not to exceed $3,500,000 for the fiscal year ending September 30, 1982, and not to exceed $3,500,000 for the fiscal year ending September 30, 1983. SEC. 407. SEVERABILITY. If any provision of this Act or any application thereof is held invalid, the validity of the remainder of the Act, or any other application, shall not be affected thereby. Approved August 3, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-994 accompanying H.R. 6154 (Comm. on Merchant Marine SENATE REPORT No. 96-721 (Comm. on Commerce, Science, and Transportation) July 2, considered and passed Senate. July 21, H.R. 6154 considered and passed House; passage vacated and S. 2492 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 32: Aug. 4, 1980 [H.R. 6666] Coast Guard Law revisions. 14 USC 701 et seq. Public Law 96-322 An Act To revise the laws relating to the Coast Guard Reserve. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 21 of title 14, United States Code, is amended to read as follows: "706. Temporary members of the Reserve; eligibility and compensation. "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. Exemption from military training and draft; exclusiveness of service. "713. Enlistment of members engaged in schooling. "721. Applicability of this subchapter. "722. Suspension of this subchapter in time of war or national emergency. "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. "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; 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. "§701. Organization "SUBCHAPTER A "GENERAL 14 USC 701 "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. "8702. Authorized strength "(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. "§703. Coast Guard Reserve Boards "(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. "§704. Grades and ratings; military authority "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. "8705. Benefits "(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. 14 USC 702 14 USC 703. Report. 14 USC 704 14 USC 705 (b) Chapter 13 of this title applies to a member of the Reserve 14 USC 461 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) 10 USC 1071 et seq. 14 USC 706. 14 USC 707. Investigation. 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. "8706. Temporary members of the Reserve; eligibility and compensation "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. "8707. Temporary members of the Reserve; disability or death benefits "(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 $600. "(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 per centum under subsection (a)(2) of that section, where the member died fully or currently insured under title II of the Social Security Act, with no additional payments for 42 USC 401 a child or children so long as the widow or widower remains eligible for payments under that subsection; "(B) 20 per centum under subsection (a)(3) of that section, for one child, and 10 per centum additional for each additional child, not to exceed a total of 75 per centum, where the member died fully or currently insured under title II of the Social Security Act; and "(C) 25 per centum 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 per centum 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. "8708. Temporary members of the Reserve; certificate of honor- 14 USC able service "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. “8709. Reserve student aviation pilots; Reserve aviation pilots; ap- 14 USC pointments in commissioned grade "(a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot. |