(e) The authority provided in subsections (b) and (c) of this section shall expire on June 30, 1976.

(f) The Secretary of the Department in which the Coast Guard is operating shall annually, not later than April 1, commencing April 1, 1973, file with the Speaker of the House of Representatives and the President of the Senate a complete report of the utilization of the authority granted in subsections (a), (b), (c), and (d) of this section during the preceding calendar year.

(g) The authority conferred by subsections (a), (b), (c), or (d) of this section may not be utilized after April 1, 1973, unless all reports required by subsection (f) of this section have been filed with the Congress. (As amended July 10, 1972, Pub. L. 92-343, § 4, 86 Stat. 450; July 9, 1973, Pub. L. 93-65, § 5, 87 Stat. 151.)

AMENDMENTS

1973 Subsec. (e). Pub. L. 93-65 extended termination date of authority provided in subsecs. (b) and (c) of this section from June 30, 1973, to June 30, 1976.

1972 Subsec. (a). Pub. L. 92-343, § 4(1), substituted "The Secretary of the Department in which the Coast Guard is operating" for "The Secretary" in the first sentence.

Subsec. (e). Pub. L. 92-343, § 4(2), struck out reference to subsec. (a) and extended the authority provided in subsecs. (b) and (c) to June 30, 1973.

Subsec. (f). Pub. L. 92-343, § 4(3), added subsec. (f). Subsec. (g). Pub. L. 92-343, § 4(3), added subsec. (g). 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.

1974 Pub. L. 93-283, § 1(11), May 14, 1974, 88 Stat. 140, substituted in item 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" for "Use of appropriations to restore, replace, establish, or develop facilities", and added item 658.

1972-Pub. L. 92-417, § 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.

§ 646. Admiralty claims against the United States.

(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. (As amended Aug. 29, 1972, Pub. L. 92-417, § 2(a), 86 Stat. 655.)

AMENDMENTS

1972 Subsec. (a) Pub. L. 92-417 incorporated in part the first sentence of former subsec. (a) in the text preceding par. (1), substituted "Secretary" for "Secretary of the Treasury", added provisions authorizing payments up to $100,000, deleted 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)-(3).

Subsec. (b). Pub. L. 92-417 incorporated in part the first sentence of former subsec. (a).

Subsec. (c). Pub. L. 92-417 incorporated provisions of the last sentence of former subsec. (a), and substituted "100,000" for "25,000".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 827, 828 of this title.

§ 650. Coast Guard Supply Fund.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

§ 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.

(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. (As amended Pub. L. 93-283, § 1(9), May 14, 1974, 88 Stat. 140.)

AMENDMENTS

1974-Pub. L. 93-283, § 1(9) (A), substituted in the catchline "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".

Subsec. (a). Pub. L. 93-283, § 1(9) (B), (C), added subsec. (a) and redesignated former subsec. (a) as (b). Subsecs. (b), (c). Pub. L. 93-283, § 1(9) (B), redesignated former subsecs. (a) and (b) as (b) and (c), respectively.

§ 657. Dependent school children.

(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. (As amended Pub. L. 93-430, § 5, Oct. 1, 1974, 88 Stat. 1182.)

AMENDMENTS

1974 Pub. L. 93-430 struck out "transportation of" from the section catchline, designated existing provisions as subsec. (b), and added subsec. (a).

§ 658. Confidential investigative expenses.

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. (Added Pub. L. 93-283, § 1(10), May 14, 1974, 88 Stat. 140.)

(a) Personnel of the Reserve when engaged on active duty, on active duty while undergoing training, on training duty with pay, or when engaged in authorized travel to or from such duty, shall receive the same benefits as provided for personnel 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 inIcluded all service for which credit is given by law to members of the regular Coast Guard.

(b) The provisions of chapter 13 of this title, except for section 461, apply to members of the Reserve under the same conditions and limitations as are applicable to officers and enlisted men of the Regular Coast Guard.

(c) Members of the Reserve who suffer sickness, disease, disability, or death shall be entitled to the same benefits as prescribed by law for members of the Naval Reserve who suffer sickness, disease, disability, or death under similar conditions.

(d) Members of the Reserve, when on active duty or when retired for disability, shall be entitled to the benefits of section 253 (a) of title 42, and, when on active duty other than training duty or when retired for disability, shall be entitled to the benefits of section 253 (b) of title 42.

(e) Members of the Coast Guard Reserve, except enlisted members retiring on the basis of years of active service, shall be entitled to the same retirement benefits as prescribed by law for personnel of the Naval Reserve, and whenever any such law confers authority upon the Secretary of the Navy, similar authority shall be deemed given to the Secretary of Transportation to be exercised with respect to the Coast Guard when the Coast Guard is not

1 Section 762 was repealed by Pub. L. 93-174, § 2(2). Dec. 5, 1973, 87 Stat. 692, without amending chapter analysis to reflect such repeal.

operating as a service in the Navy. Enlisted members of the Coast Guard Reserve requesting retirement on the basis of years of active service shall be entitled to the same retirement rights, benefits and privileges as prescribed by law for enlisted members of the Regular Coast Guard.

(f) Any former member of the Coast Guard Reserve, other than a temporary member, honorably discharged or discharged under honorable conditions from the Coast Guard Reserve after February 18, 1941, and before January 1, 1949, who at the time of his discharge had completed at least thirty years of active service in the Armed Forces other than active duty for training, or who had completed at least twenty years of active service other than active duty for training the last ten of which he served in the eleven-year period immediately preceding his discharge, shall upon his request be placed on the retired list of the Coast Guard Reserve and shall be entitled to receive the same retired pay, only after being placed on the retired list, that he would be entitled to receive had he been retired as a member of the Naval Reserve under the Naval Reserve Act of 1938 instead of being discharged. (Aug. 4, 1949, ch. 393, 62 Stat. 551, amended Aug. 3, 1950 ch. 536, § 32, 64 Stat. 408; Aug. 16, 1957, Pub. L. 85-149, 71 Stat. 369; Sept. 7, 1962, Pub. L. 87-649, § 7(a), 76 Stat. 495; Sept. 25, 1965, Pub. L. 89-200, 79 Stat. 834; June 9, 1966, Pub. L. 89-444, § 1(23), 80 Stat. 197; Dec. 5, 1973, Pub. L. 93-174, § 2(1), 87 Stat. 692.)

AMENDMENTS

1973-Subsec. (e). Pub. L. 93-174 substituted "Secretary of Transportation to be exercised with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy" for "Secretary of the Treasury to be exercised with respect to the Coast Guard when the Coast Guard is operating under the Treasury Department”.

§ 760. Disability or death benefits for temporary members.

(a) In case of physical injury, or death resulting from physical injury, to any temporary member of the Reserve incurred incident to service while performing active Coast Guard duty, or engaged in authorized travel to or from such duty, the provisions of law authorizing compensation for employees of the United States suffering injuries while in the performance of their duties, subject to this section, shall apply, and shall be administered by the Secretary of Labor in the same manner and to the same extent as if such person were a civil employee of the United States and were injured in the performance of his duty. For benefit computation, regardless of pay or pay status, such person shall be deemed to have had monthly pay of $600.

*

(As amended May 14, 1974, Pub. L. 93-283, § 1(12), 88 Stat. 141.)

AMENDMENTS

1974 Subsec. (a). Pub. L. 93-283 substituted "$600" for "$300".

§ 762. Repealed. Pub. L. 93–174, § 2(2), Dec. 5, 1973, 87 Stat. 692.

Section, act Aug. 4, 1949, ch. 393, § 1, 63 Stat. 554; Aug. 10, 1956, ch. 1041, § 17, 70A Stat. 626; Sept. 8, 1970, Pub. L. 91-402, § 1(1), 84 Stat. 838, related to Women's Reserve.

§ 764. Active duty for emergency augmentation of regular forces.

(a) Notwithstanding the provisions of any other law and for the emergency augmentation of regular Coast Guard forces at times of serious natural or manmade disaster, accident, or catastrophe the Secretary may, subject to approval by the President and without the consent of persons 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 any organized training unit; any member or members thereof; or any member not assigned to a unit organized to serve as a unit.

(b) A reasonable time, under the circumstances of the domestic emergency involved, shall be allowed between the date when a Reserve ordered to active duty under this section is alerted for that duty and the date when he 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) shall satisfy on a day-for-day basis all or a part of the annual active duty for training requirement of section 270 of title 10, United States Code;

(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 such duty, to all the rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which he would be entitled while performing other regular active duty. (Added Pub. L. 92-479, § 1, Oct. 9, 1972, 86 Stat. 794.) § 765. Enlistment of members engaged in schooling.

To permit the enlistment of Reserve members without interruption of full-time schooling in which they are engaged, the four-month initial period of active duty for training requirement of subsection (d) of section 511 of title 10, United States Code, may be divided into two successive annual periods of not less than two months each. (Added Pub. L. 93-283, § 1(13), May 14, 1974, 88 Stat. 141.)

COMMISSIONED OFFICERS

§ 771. Applicability of this subchapter.

(a) This subchapter applies only to the Coast Guard Reserve.

(As amended Pub. L. 93-174, § 2(3), Dec. 5, 1973, 87 Stat. 692.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-174 struck out provisions relating to the applicability of the subchapter to women members of the Reserve.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 770 of this title.

§ 775. Selection boards; appointment.

(f) Repealed. Pub. L. 93-174, § 2(4), Dec. 5, 1973, 87 Stat. 692.

(As amended Pub. L. 93-174, § 2(4), Dec. 5, 1973, 87 Stat. 692.)

AMENDMENTS

1973-Subsec. (f). Pub. L. 93-174 struck out subsec. (f). which provided that membership of the selection board shall include two members of the Women's Reserve not on active duty whenever the board is convened to consider officers of the Women's Reserve not serving on active duty.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 770 of this title.

§ 780. Promotion; recommendations of selection boards.

(c) Each selection board, from among those officers whose names are submitted to it as determined by section 783 of this title, shall 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.

(3), (4) Repealed Pub. L. 93-174, § 2(5) (d), Dec. 5, 1973, 87 Stat. 692.

1973-Subsec. (c). Pub. L. 93-174, § 2(5), substituted "promotion to the next higher grade" for "promotion to the next high grade" in provisions preceding cl. (1), and "those officers" for "those male officers" in cls. (1) and (2), and struck out cls. (3) and (4).

Subsec. (1). Pub. L. 93-174, § 2(6), struck out subsec. (1), which provided that vacancies in all grades be filled by the combined total of male and female officers selected for promotion, that selection opportunity for officers of the Women's Reserve to grades above lieutenant commander be equivalent to that prescribed for male officers of the same grades, that officers of the Women's Reserve being considered for promotion to the grades of lieutenant commander or below shall be considered and selected in their order of precedence up to the number designated to be selected.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 770, 776 of this title.

§ 787. Failure of selection and elimination.

(a) Reserve officers after failing of selection for promotion to the next higher grade for a second time, may be retained in or eliminated from an active status in the discretion of the Secretary. Those Reserve officers who are not retained in an active status shall be given an opportunity to apply for transfer to the Retired Reserve if qualified, but unless so transferred shall be discharged on June 30 of the fiscal year in which they have completed the

1973-Subsec. (c). Pub. L. 93-174 struck out subsec. (c) which provided that officers of the Women's Reserve in the grades of lieutenant and lieutenant (Junior grade) who were junior to the last officer selected by a board pursuant to section 780 (1) of this title shall not be considered to have failed of selection and that the names of such officers shall be submitted to the next ensuing selection board.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 770 of this title.

Chapter 23.-COAST GUARD AUXILIARY

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 1481.

§ 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 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 officers and enlisted men 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 May 14, 1974, Pub. L. 93-283. § 1(15), 88 Stat. 141.)

AMENDMENTS

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.

Chap.

9A. Weather Modification Activities or Attempts: Reporting Requirement [New].. 16A. Emergency Petroleum Allocation [New].. 16B. Federal Energy Administration [New].... 16C. Energy Supply and Environmental Coordination [New]....

Emergency Loan Guarantees to Business
Enterprises [New]..

Sec.

330 751

761

791

45.

1841

§ 1. Trusts, etc., in restraint of trade illegal; exception of resale price agreements; penalty.

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal: Provided, That nothing contained in sections 1 to 7 of this title shall render illegal, contracts or agreements prescribing minimum prices for the resale of a commodity which bears, or the label or container of which bears, the trademark, brand, or name of the producer or distributor of such commodity and which is in free and open competition with commodities of the same general class produced or distributed by others, when contracts or agreements of that description are lawful as applied to intrastate transactions, under any statute, law, or public policy now or hereafter in effect in any State, Territory, or the District of Columbia in which such resale is to be made, or to which the commodity is to be transported for such resale, and the making of such contracts or agreements shall not be an unfair method of competition under section 45 of this title: Provided further, That the preceding proviso shall not make lawful any contract or agreement, providing for the establishment or maintenance of minimum resale prices on any commodity herein involved, between manufacturers, or between producers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in competition with each other. Every person who shall make any contract or engage in any combination or conspiracy declared by sections 1 to 7 of this title to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not Page 695

exceeding three years, or by both said punishments, in the discretion of the court. (As amended Dec. 21, 1974, Pub. L. 93-528, § 3, 88 Stat. 1708.)

AMENDMENTS

1974-Pub. L. 93-528 substituted "a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years" for "a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4, 6, 7, 28, 29, 30, 31, 62, 1012, 1013, 2311 of this title; title 7 section 225; title 33 section 1502; title 42 sections 2135, 5417, 5909; title 43 sections 970, 1654; title 46 section 814; title 49 sections 44, 45; title 50 App. section 1941a.

§ 2. Monopolizing trade a felony; penalty.

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. (As amended Dec. 21, 1974, Pub. L. 93-528, § 3, 88 Stat. 1708.)

AMENDMENTS

1974-Pub. L. 93-528 substituted "a felony, and, on conviction thereof, shall be punished by fine not exceeding one million dollars if a corporation, or, if any other person, one hundred thousand dollars, or by imprisonment not exceeding three years" for "a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding fifty thousand dollars, or by imprisonment not exceeding one year".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 4, 7, 28, 29, 30, 31, 62, 1012, 1013, 2311 of this title; title 7 section 225; title 12 sections 1828, 1849; title 33 section 1502; title 42 sections 2135, 5417, 5909; title 43 section 970; title 49 sections 44, 45.

§ Trusts in Territories or District of Columbia illegal; combination a felony.

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed