[See main edition for text of (a)]

(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.

(As amended Pub. L. 98-557, § 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

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).

§ 729. Promotion; recommendations of selection boards

[See main edition for text of (a) to (d)] (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. [See main edition for text of (f) to (i)] (As amended Pub. L. 99-145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

AMENDMENTS

1985-Subsec. (e). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore" wherever appearing.

§ 736. Date of rank upon promotion; entitlement to pay

[See main edition for text of (a)]

(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.

[See main edition for text of (c)]

(As amended Pub. L. 99-145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

AMENDMENTS

1985-Subsec. (b). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore".

§ 740. Failure of selection and removal from an active status

(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).

[See main edition for text of (b) to (d)] (As amended Pub. L. 99-145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

AMENDMENTS

1985-Subsec. (a)(2). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore".

§ 742. Maximum ages for retention in an active status

[See main edition for text of (a)]

(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.

[See main edition for text of (c)]

(As amended Pub. L. 99-145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

AMENDMENTS

1985-Subsec. (b). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore".

§ 743. Rear admiral and rear admiral (lower half); maximum service in grade

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).

(As amended Pub. L. 99-145, title V, § 514(c)(1), (3)(A), Nov. 8, 1985, 99 Stat. 629.)

AMENDMENTS

1985-Pub. L. 99-145 substituted references to "rear admiral (lower half)" for "commodore" in section catchline and two places in text.

CHAPTER 23—COAST GUARD AUXILIARY

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 13109.

§ 821. Administration

USE OF COAST GUARD AUXILIARY

Pub. L. 99-640, § 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 nonemergency 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."

§ 829. Radio station deemed government station Any radio station, while assigned to authorized Coast Guard duty shall be deemed to be a radio station of the Coast Guard and a "govern

ment station" within the meaning of section 305 of the Communications Act of 1934 (47 U.S.C. 305).

(As amended Nov. 10, 1986, Pub. L. 99-640, § 10(a)(8), 100 Stat. 3549.)

AMENDMENTS

1986-Pub. L. 99-640 substituted "section" for "Sec

tion".

§ 830. Availability of appropriations

(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 1954.1

(As amended Nov. 10, 1986, Pub. L. 99-640, § 8, 100 Stat. 3548.)

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, § 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to section 6621 of Title 26, Internal Revenue Code.

AMENDMENTS

1986-Pub. L. 99-640 designated existing provisions as subsec. (a) and added subsec. (b).

§ 832. Injury or death in line of duty

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

'See References in Text note below.

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. (As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), 98 Stat. 2865.)

AMENDMENTS

1984-Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men after "treatment afforded".

34. 35.

36.

CHAPTER 1—MONOPOLIES AND

COMBINATIONS IN RESTRAINT OF TRADE

Repealed.

Definitions applicable to sections 34 to 36. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity.

(a) Prohibition in general.

(b) Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity.

(a) Prohibition in general.

(b) Nonapplication of prohibition for cases commenced before effective date of provisions.

ANTITRUST ACTS AND LAWS DEFINED IN OTHER SECTIONS

Antitrust acts and laws are defined in sections 12, 44, 1311, 1802, 3301, 3503, 4002, 4021, 4301 of this title; title 10 section 7430; title 12 sections 1828, 1849; title 16 section 2602; title 17 section 109; title 28 section 1407; title 30 sections 184, 1413; title 33 section 1502; title 40 section 488; title 42 sections 5417, 5909, 6202, 8235f, 9102; title 43 sections 1331, 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 49 App. section 1384; title 50 App. sections 1941a, 2158.

§ 1. Trusts, etc., in restraint of trade illegal; penalty SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-544, § 1, Oct. 24, 1984, 98 Stat. 2750, provided: "That this Act [enacting sections 34 to 36 of this title and provisions set out as a note under section 34 of this title] may be cited as the 'Local Government Antitrust Act of 1984'."

SHERMAN ACT REFERRED TO IN OTHER Sections The Sherman Act [15 U.S.C. 1 to 7] is referred to in sections 12, 15c, 15d, 29, 30, 31, 44, 62, 1012, 1013, 3301, 3503 of this title; title 7 section 225; title 8 section 1251; title 10 section 7430; title 12 sections 1828, 1849; title 16 section 2602; title 30 sections 184, 1413; title 33 section 1502; title 40 section 488; title 42 sections 2135,

Page 567

5417, 5909, 6202, 8235f, 9102; title 43 sections 970, 1331, 1770; title 45 section 791; title 46 App. sections 814, 1702; title 49 section 10706; title 50 App. sections 1941a, 2158.

§ 8. Trusts in restraint of import trade illegal; penalty WILSON TARIFF ACT REFERRED TO IN OTHER SECTIONS The Wilson Tariff Act [15 U.S.C. 8 to 11] is referred to in sections 12, 31, 44 of this title; title 7 section 225; title 16 section 2602, title 30 section 1413; title 42 section 2135; title 43 section 1331; title 46 App. section 814; title 49 section 10706.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9, 11, 3301 of this title; title 10 section 7430; title 16 section 2602; title 30 section 184; title 33 section 1502; title 40 section 488; title 42 sections 5417, 5909, 6202, 8235f, 9102; title 43 section 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 50 App. sections 1941a, 2158.

§ 9. Jurisdiction of courts; duty of United States attorneys; procedure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10, 3301 of this title; title 10 section 7430; title 16 section 2602; title 30 section 184; title 33 sections 1331, 1502; title 40 section 488; title 42 sections 5417, 5909, 6202, 8235f, 9102; title 43 section 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 50 App. sections 1941a, 2158.

§ 12. Definitions; short title

CLAYTON ACT REFERRED TO IN OTHER SECTIONS The Clayton Act [see References in Text note above] is referred to in sections 35, 44, 1012, 1013, 3301, 3503 of this title; title 7 section 225; title 10 section 7430; title 12 sections 1828, 1849, 3208; title 16 section 2602; title 30 sections 184, 1413; title 33 sections 1331, 1502; title 40 section 488; title 42 sections 2135, 5417, 5909, 6202, 8235f, 9102; title 43 section 1770; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 50 App. sections 1941a, 2158.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 34, 1291, 1311, 4002, 4021, 4301 of this title; title 17 section 109; title 19 sections 2033, 2561; title 28 section 1407; title 46 App. section 885; title 49 sections 10706, 10708, 10934, 11110; title 49 App. sections 1301, 1384.

§ 13. Discrimination in price, services, or facilities ROBINSON-PATMAN ANTI-DISCRIMINATION ACT REFERRED

TO IN OTHER SECTIONS

The Robinson-Patman Anti-Discrimination Act [15 U.S.C. 13 to 13b, 21a] is referred to in sections 13b, 13c, 21a, 1013, 3301 of this title; title 10 section 7430;

title 16 section 2602; title 30 sections 184, 1413; title 42 sections 5909, 6202; title 43 section 1331; title 45 section 791; title 46 App. section 1702; title 49 section 10706; title 50 App. section 2158.

§ 13a. Discrimination in rebates, discounts, or advertising service charges; underselling in particular localities; penalties

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430; title 28 section 1407; title 30 section 184; title 42 sections 6202, 8235f; title 49 section 10706.

§ 13b. Cooperative association; return of net earnings or surplus

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 7430; title 28 section 1407; title 42 sections 6202, 8235f; title 49 section 10706.

§ 15. Suits by persons injured

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 15c, 16, 35, 36, 4016, 4303, 4304 of this title; title 26 sections 162, 186; title 46 App. section 1706.

§ 15a. Suits by United States; amount of recovery; prejudgment interest

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 16, 35, 36 of this title; title 28 section 1407.

§ 15c. Actions by State attorneys general

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15b, 15d, 15e, 15g, 15h, 16, 35, 36, 4303 of this title; title 28 section 1407; title 42 section 11111.

§ 15g. Definitions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15h, 34, 4301 of this title.

§ 18. Acquisition by one corporation of stock of another

[See main edition for text of first to fifth pars.]

Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Communications Commission, Federal Power Commission, Interstate Commerce Commission, the Securities and Exchange Commission in the exercise of its jurisdiction under section 79j of this title, the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in such Commission or Secretary.

(As amended Oct. 4, 1984, Pub. L. 98-443, § 9(1), 98 Stat. 1708.)

AMENDMENTS

1984-Pub. L. 98-443 substituted "Secretary of Transportation" for "Civil Aeronautics Board" and "Commission or Secretary" for "Commission, Secretary, or Board" in sixth par.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

§ 18a. Premerger notification and waiting period [See main edition for text of (a) to (e)]

(f) Preliminary injunctions; hearings

If a proceeding is instituted or an action is filed by the Federal Trade Commission, alleging that a proposed acquisition violates section 18 of this title, or section 45 of this title, or an action is filed by the United States, alleging that a proposed acquisition violates such section 18 of this title, or section 1 or 2 of this title, and the Federal Trade Commission or the Assistant Attorney General (1) files a motion for a preliminary injunction against consummation of such acquisition pendente lite, and (2) certifies the United States district court for the judicial district within which the respondent resides or carries on business, or in which the action is brought, that it or he believes that the public interest requires relief pendente lite pursuant to this subsection, then upon the filing of such motion and certification, the chief judge of such district court shall immediately notify the chief judge of the United States court of appeals for the circuit in which such district court is located, who shall designate a United States district judge to whom such action shall be assigned for all purposes.

[See main edition for text of (g) to (j)] (As amended Nov. 8, 1984, Pub. L. 98-620, title IV, § 402(10)(A), 98 Stat. 3358.)

AMENDMENTS

1984-Subsec. (f)(2). Pub. L. 98-620 struck out designation "(A)" before "upon the filing”, and struck out subpar. (B) which had provided that if the Federal Trade Commission or the Assistant Attorney General certified that he or it believed that the public interest required relief pendente lite pursuant to this subsection, the motion for a preliminary injunction had to be set down for hearing by the district judge so designated at the earliest practicable time, would take precedence over all matters except older matters of the same character and trials pursuant to section 3161 of title 18, and had to be in every way expedited.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 section 363. § 21. Enforcement provisions

(a) Commission, Board, or Secretary authorized to enforce compliance

Authority to enforce compliance with sections 13, 14, 18, and 19 of this title by the persons respectively subject thereto is vested in the Interstate Commerce Commission where applicable to common carriers subject to subtitle IV of title 49; in the Federal Communica