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The original documents are located in Box 18, folder "01/02/1975 S2149 Benefits to
Members of the Coast Guard Reserve" of the White House Records Office: Legislation
Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 18 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
JAPPROVED
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: January 4
December 31, 1974
posted
1/3
MEMORANDUM FOR THE PRESIDENT
To brchive
FROM:
KEN COLE
1/3
SUBJECT:
Enrolled Bill S. 2149 - Benefits to
Members of the Coast Guard Reserve
Attached for your consideration is S. 2149, sponsored by
Senators Long, Cotton and Magnuson, which would clarify
the existing law to ensure that members of the Coast Guard
Reserve have the same retention and retirement obligations,
rights and benefits as have members of the reserve components
of the other armed forces.
OMB recommends approval and provides additional background
information in its enrolled bill report (Tab A).
Max Friedersdorf (Loen) and Phil Areeda both recommend
approval.
RECOMMENDATION
That you sign S. 2149 (Tab B).
STATE OF THE THE PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2149 - Benefits to members of the
Coast Guard Reserve
Sponsors - Sen. Long (D) Louisiana and Sen. Cotton
(R) New Hampshire and Sen. Magnuson (D) Washington
Last Day for Action
January 4, 1975 - Saturday
Purpose
Ensures that members of the Coast Guard Reserve have the
same retention and retirement obligations, rights, and
benefits as have members of the reserve components of the
other armed forces.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Department of Transportation
Approval
Discussion
As presently written, existing law could be interpreted
as exempting Coast Guard Reserve members from certain
obligations and as denying them certain retention and
retirement rights and benefits applicable to members of the
other armed forces reserve components. The enrolled bill,
which incorporates a Defense Department proposal, would
clarify the existing law to ensure that members of the
Coast Guard Reserve have the same retention and retirement
obligations, rights, and benefits as have members of the
reserve components of the other armed forces.
2
In the letter transmitting its proposal to the Congress,
Defense stated:
"Members of the Coast Guard Reserve are subject
to recall to active duty in the same way as
members of reserve components of the Army, Navy,
Air Force, and Marine Corps. They can be, and
often are, subjected to the same type of duty as
other Reservists, including duty in hostile fire
areas. It is therefore only equitable that they
receive the same rights and benefits as these
other Reservists."
nufred
Assistant Director for
Legislative Reference
Enclosures
(11) DEFENSE DE
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20350
INITID
HMERICA
December 24, 1974
Dear Mr. Ash:
Your transmittal sheet dated December 23, 1974, enclosing a facsimile of
an enrolled bill of Congress, S. 2149, "To amend title 10, United States
Code, to provide certain benefits to members of the Coast Guard Reserve,
and for other purposes, and requesting the comments of the Department of
Defense, has been received. The Department of the Navy has been assigned the
responsibility for the preparation of a report expressing the views of the
Department of Defense.
The purpose of S. 2149 is to ensure that members of the Coast Guard Reserve
have the same retention and retirement obligations, rights, and benefits
as have members of the reserve components of the other armed forces.
Specifically, S. 2149 would amend section 684 of title 10, United States
Code, to provide that a member of the Coast Guard Reserve who is entitled
to a pension, retired or retainer pay, or disability compensation because
of earlier military service will receive, when he is performing duty for
which he is entitled to compensation, the same compensation as a similarly
situated member of the reserve component of another armed force. S. 2149
would also amend section 1005 of title 10 to provide that a reserve officer
of the Coast Guard, like a reserve officer of the other armed forces, may
not be discharged or transferred from an active status until completion of
the service required by section 651 of title 10 or by any other provision
of law; a reserve officer so retained in an active status is an additional
number to the authorized strength of his grade. Furthermore, S. 2149 would
amend section 1006 of title 10 to ensure that a reserve officer of the Coast
Guard who has completed 18, but less than 20, years of service is afforded
the same opportunity for retention available to a member of the reserve
component of another armed force.
It is arguable that most, if not all, of the aforementioned obligations,
rights, and benefits are presently applicable to members of the Coast Guard
Reserve by virtue of the assimilation provisions contained in section 755 of
title 14, United States Code. S. 2149 would clarify the matter, however,
by amending the relevant sections of title 10 to make those sections specifi-
cally applicable to the Coast Guard Reserve.
Finally, S. 2149 would further amend section 1006 of title 10 to provide
that an officer of the reserve component of any of the armed forces who
is retained in an active status because he has completed at least 18, but
less than 20, years of service is an additional number to those otherwise
authorized. Under existing law, a reserve officer of the Army or Air Force
who is so retained in an active status is an additional number to those
otherwise authorized.
Approval of this legislation would result in no increase in the budgetary
requirements of the Department of Defense.
The Department of the Navy, on behalf of the Department of Defense,
recommends the approval of S. 2149.
Sincerely yours,
WSPAN
D. S. Potter
Under Secretary of the Navy
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
Of
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
AMERICA
STATES
OF
DEC 2 1974
Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Ash:
Reference is made to your request for the comments of the
Department of Transportation concerning S. 2149, an enrolled
bill
"To amend title 10, United States Code, to provide
certain benefits to members of the Coast Guard
Reserve, and for other purposes."
The enrolled bill amends sections 684, 1005, and 1006 of
title 10, United States Code, to extend the benefits and pro-
tections of those sections, currently enjoyed by the reservists
of the other armed forces, to the members of the Coast Guard
Reserve. This is a legislative proposal of the Department of
Defense primarily intended to benefit members of the reserve
component of the Coast Guard which, of course, is within this
Department.
The amendments to section 684 are editorial in nature as
Coast Guard Reservists currently enjoy the benefits of this
section through an assimilation provision in title 14, United
States Code. The amendment to section 1005 of title 10 will
include Coast Guard Reservists within this section which pro-
vides that a reservist may not be transferred or discharged
from an active status if he is serving the service required of
him by section 651 of title 10. Two amendments to section 1006
of title 10 will afford Coast Guard Reserve officers protection
from involuntarily being discharged or transferred from an
active status when they are approaching retirement. To qualify
for the benefits provided by this section, a Reserve officer
must have a minimum of 18 years of creditable service. An addi-
tional amendment to section 1006 will provide that Coast Guard,
Navy, or Marine Corps Reserve officers retained under the
authority of this section are counted as additional numbers to
those otherwise authorized. Currently this extra number provi-
sion applies only to Reserve officers of the Army and Air Force.
During consideration of the bill, both the Senate and the
House of Representatives, at our request, made technical
amendments to it unrelated to the substance of the proposal.
Enactment of the enrolled bill will not result in a signifi-
cant increase in cost to the Federal Government. There will
be no costs for the first five years following enactment.
Thereafter, there will be a gradual build-up of costs to an
estimated level of $35,000 annually by about 20 years follow-
ing enactment.
The Department of Transportation recommends that the President
sign the enrolled bill.
Sincerely,
Rad Rodney E. Eyster
General Counsel
2
EXECUTIVE OFFICE OF THE PRESIDENT
CRADIT
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
DEC 2 8 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2149 - Benefits to members of the
Coast Guard Reserve
Sponsors - Sen. Long (D) Louisiana and Sen. Cotton
(R) New Hampshire and Sen. Magnuson (D) Washington
Last Day for Action
January 4, 1975 - Saturday
Purpose
Ensures that members of the Coast Guard Reserve have the
same retention and retirement obligations, rights, and
benefits as have members of the reserve components of the
other armed forces.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Department of Transportation
Approval
Discussion
As presently written, existing law could be interpreted
as exempting Coast Guard Reserve members from certain
obligations and as denying them certain retention and
retirement rights and benefits applicable to members of the
other armed forces reserve components. The enrolled bill,
which incorporates a Defense Department proposal, would
clarify the existing law to ensure that members of the
Coast Guard Reserve have the same retention and retirement
obligations, rights, and benefits as have members of the
reserve components of the other armed forces.
THE WHITE HOUSE
WASHINGTON
WARREN HENDRIKS
MEMORANDUM FROM: FOR: Lunger
MAX L. FRIEDERSDORF
SUBJECT:
Action Memorandum - Log No. 886
Enrolled Bill S. 2149
The Office of Legislative Affairs concurs in the attached proposal
and has no additional recommendations.
Attachment
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 886
Date:
Time:
December 28, 1974
7:00 p.m.
FOR ACTION: Mike Duval oh
CC (for information): Nermen Hendriks
NSC/S NO obs
Jerry Jones
Max Friedersdorf vr
Mack Marsh
PhilaAreeda noods
FROM THE STAFF SECRETARY
DUE: Date: Monday, December 30
Time:
1:00 p.m.
SUBJECT:
Enrolled Bill H.R149 Benefits to Members of the
Coast Guard Reserve
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please reutrn to Judy Johnston, Ground floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 886
Date:
Time:
December 28, 1974
7:00 p.m.
FOR ACTION: Mike Duval
CC (for information):
Warren Hendriks
NSC/S
Jerry Jones
Max Friedersdorf
Jack Marsh
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Monday, December 30
Time:
1:00 p.m.
SUBJECT:
Enrolled Bill S.2149 - Benefits to Members of the
Coast Guard Reserve
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Dowal Floor West Wing
OK
Mike
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 886
Date:
Time:
December 28, 1974
7:00 p.m.
FOR ACTION:
Mike Duval
CC (for information): Warren Hendriks
NSC/S
Jerry Jones
Max Friedersdorf
Jack Marsh
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Monday, December 30
Time:
1:00 p.m.
SUBJECT:
Enrolled Bill S.2149 - Benefits to Members of the
Coast Guard Reserve
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
OK
E
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren z. Handriks
telephone the Staff Secretary immediately.
For the President
Calendar No. 1041
93D CONGRESS
2d Session
}
SENATE
{
REPORT
No. 93-1085
BENEFITS TO MEMBERS OF THE
COAST GUARD RESERVE
REPORT
OF THE
SENATE COMMITTEE ON COMMERCE
ON
S. 2149
TO AMEND TITLE 10, UNITED STATES CODE, TO PROVIDE
CERTAIN BENEFITS TO MEMBERS OF THE COAST GUARD
RESERVE, AND FOR OTHER PURPOSES
AUGUST 12, 1974.-Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
38-010
WASHINGTON : 1974
93D CONGRESS
SENATE
REPORT
2d Session
No. 92-1085
BENEFITS TO MEMBERS OF THE
COAST GUARD RESERVE
AUGUST 12, 1974.-Ordered to be printed
Mr. MAGNUSON, from the Committee on Commerce,
submitted the following
REPORT
[To accompany S. 2149]
The Committee on Commerce, to which was referred the bill (S.
2149), to amend title 10, United States Code, to provide certain bene-
fits to members of the Coast Guard Reserve, and for other purposes,
having considered the same, reports favorably thereon with an amend-
ment and recommends that the bill as amended do pass.
The amendment follows:
On page 2, line 6, add the word "and" following the semicolon.
On page 2, strike out lines 7 through 12 and insert in lieu thereof the
following:
(3) by adding "or title 14" at the end of the first sentence in
subsection (e).
PURPOSE
The purpose of S. 2149 is to amend title 10, United States Code, in
order to ensure that Coast Guard Reservists have the same obligations
and benefits regarding retention and retirement as do the Reservists of
the other armed forces.
BACKGROUND AND NEED
Members of the Coast Guard Reserve perform training activities
similar to those required of the members of the Reserve components
of the other armed forces, and they are also subject to recall to active
duty in time of war or national emergency. Additionally, Coast Guard
Reservists are subject to active duty for the augmentation of Regular
Coast Guard forces during times of serious natural or man-made
domestic disasters, accidents, or catastrophes.
38-010
2
3
Prior to the enactment of sections 1005 and 1006 of title 10, similar
provisions had existed which applied to all Reserve Officers, including
SECTION 684 OF TITLE 10, UNITED STATES CODE
Coast Guard Reservists. Inadvertently when these provisions were
codified in title 10, the reference to Reserve officers was changed from
Sec. 684. Payment of certain Reserves while on duty
"any" Reserve officer to "a Reserve commissioned officer
of this
(a) Except as provided by subsection (b), a Reserve of the Army,
title". The provisions relating to Coast Guard Reserve officers, how-
Navy, Air Force, [or Marine Corps] Marine Corps, or Coast Guard
ever, are generally found not in title 10, but rather in title 14. There-
who because of his earlier military service is entitled to a pension,
fore, the reference to a Reserve commissioned officer of title 10 could be
retired or retainer pay, or disability compensation, and who performs
interpreted as not including a Coast Guard Reservist. The amend-
duty for which he is entitled to compensation, may elect to receive for
ments sought by S. 2149, as amended by the Committee, are intended
that duty either-
to clarify the existing law to ensure the application of sections 1005
(1)
and 1006 of title 10 to Coast Guard Reserve Officers.
(2)
The proposed amendment to section 1005 of title 10 would provide
(b) Unless the payments because of his earlier military service are
that Coast Guard Reserve officers could not be discharged or trans-
greater than the compensation prescribed by subsection (a) (2), a
ferred from an active status as a result of personnel actions stemming
Reserve of the Army, Navy, Air Force, [or Marine Corps] Marine
from their unsatisfactory participation while serving service required
Corps, or Coast Guard who because of his earlier military service is
of them under any law.
entitled to a pension, retired or retainer pay, or disability compensa-
The proposed amendments to subsections (a) and (b) of section 1006
tion, and who upon being ordered to active duty for a period of more
of title 10 would protect Coast Guard Reserve officers from being in-
than 30 days in time of war or national emergency is found physically
voluntary discharged or transferred from the active Reserve or an
qualified to perform that duty, ceases to be entitled to the payments
active duty status when they are approaching eligibility for retirement.
because of his earlier military service until the period of active duty
The amendment to subsection (c) of section 1006 of title 10 would make
ends. While on that active duty, he is entitled to the compensation
Reserve officers of the Coast Guard, Navy, and Marine Corps, re-
prescribed by subsection (a) (2). Other rights and benefits of the mem-
tained under that section, extra numbers for purposes of authorized
ber or his dependents are unaffected by this subsection.
active duty personnel levels. This is similar to the treatment cur-
rently afforded Reservists of the Army and Air Force. This is necessary
SECTION 1005 OF TITLE 10, UNITED STATES CODE
SO that their retention does not block the normal promotion flow of
other Reservists.
Sec. 1005. Commissioned officers: retention until completion of
The proposed amendment to section 684 of title 10 is merely edi-
required service.
torial in nature and conforms that section to section 755 of title 14.
A reserve commissioned officer, other than a commissioned warrant
The Committee held hearings on May 14, 1974. All testimony re-
officer, who has not completed the period of service required of him
ceived was favorable. The bill, as amended by the Committee, was
by section 651 of this title or any other provision of law, may not be
ordered favorably reported without objection.
discharged or transferred from an active status under chapter 337,
361, 363, 573, 837, 861, or 863 of this title [.] or chapter 21 of title
EXPLANATIONS OF AMENDMENTS
14. Unless, under regulations prescribed by the Secretary concerned,
he is promoted to a higher reserve grade, he shall be retained in an
The amendments proposed by the Committee to S. 2149 are techni-
active status in his reserve grade for the rest of his period of required
cal in nature and relate only to subsection (e) of section 1006 of title 10
service and shall be an additional number to the authorized strength
by the insertion of one general reference to title 14 therein, rather than
of his grade.
three specific references to various sections of that title.
SECTION 1006 OF TITLE 10, UNITED STATES CODE
ESTIMATED COSTS
Sec. 1006. Commissioned officers: retention of after completing 18 or
In accordance with section 252(a) of the Legislative Reorganization
more, but less than 20, years of service
Act of 1970 (Public Law 91-510), the Committee estimates that no
additional costs will be incurred by the Government as a result of
(a) If on the date prescribed for the discharge or transfer from an
active status of a reserve commissioned officer he is entitled to be
the enactment of this legislation.
credited with at least 18, but less than 19, years of service computed
CHANGES IN EXISTING LAW
under section 1332 of this title, he may not be discharged or trans-
ferred from an active status under chapter 337, 361, 363, 573, 837,
In compliance with subsection 4 of rule XXIX of the Standing
861, or 863 of this title or chapter 21 of title 14, without his consent
Rules of the Senate, changes in existing law made by the bill are shown
before the earlier of the following dates—
as follows (existing law proposed to be omitted is enclosed in brackets,
(1)
new matter is printed in italic, and existing law in which no change
(2)
is proposed is shown in roman):
S.R. 1085
S.R. 1085
4
5
(b) If on the date prescribed for the discharge or transfer from an
active status of a reserve commissioned officer he is entitled to be
The proposed amendment to section 1005 of title 10, United States
credited with at least 19, but less than 20, years of service computed
Code, would impose a statutory requirement that a Coast Guard
under section 1332 of this title, he may not be discharged or transferred
Reservist could not be discharged or transferred from active status
from an active status under chapter 337, 361, 363, 573, 837, 861, or
while serving required service under section 651 of title 10, United
863 of this title or chapter 21 of title 14, without his consent before
States Code.
the earlier of the following dates—
The proposed amendment to subsections (a) and (b) of section 1006
(1)
of title 10, United States Code, would afford Coast Guard Reserve
(2)
Officers protection from involuntary discharge or transfer from an
(c) An officer [of the Army or the Air Force] who is retained in an
active duty status when those officers are approaching retirement.
active status under subsection (a) or (b) is an additional number to
These subsections provide that commissioned reserve officers who have
those otherwise authorized.
completed 18 or 19 years of service may continue on active duty for a
(d)
limited period sufficient to allow them to achieve retirement. The
(1)
amendment to subsection (c) provides that a member retained under
(2)
section 1006 will be an additional number to those otherwise au-
(e) A reserve commissioned officer on active duty (other than for
thorized. This authority is necessary to avoid blocking the promotion
training) who, on the date on which he would otherwise be removed
flow of members otherwise retained.
from an active status under sections 3846, 3848, 3851, 3852, 6389,
Enactment of S. 2149 would not result in significant increased costs
6397, 6403, 6410, 8846, 8848, 8851, or 8852 of this title or section 787
to the Coast Guard during the five years following enactment.
of title 14, and who is within two years of qualifying for retirement
The Office of Management and Budget advises that, from the stand-
under section 3911, 6323, or 8911 of this title, may, in the discretion
point of the Administration's program, there is no objection to the
of the Secretary concerned, be retained on active duty for a period
submission of this report to the Committee.
of not more than two years, if at the end of that period he will be
Sincerely,
qualified for retirement under one of those sections and will not,
J. THOMAS TIDD,
before the end of that period, reach the age at which transfer from an
Acting General Counsel.
active status or discharge is required by this title or title 14. An officer
who is retained on active duty under this section may not be removed
from an active status while he is on that duty. For officers covered
by sections 3846, 3848, 3851, or 3852 of this title, the ages at which
transfer from an active status or discharge is required are those set
forth in sections 3843, 3844, or 3845 of this title, or section (e)
of the Act enacting this section, as the case may be.
AGENCY COMMENTS
OFFICE OF THE SECRETARY OF TRANSPORTATION,
Washington, D.C., October 29, 1973.
Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,
U.S. Senate,
Washington, D.C.
DEAR MR. CHAIRMAN: Reference is made to your request for the
views of the Department of Transportation concerning S. 2149, a bill
"To amend title 10, United States Code, to provide certain benefits
to members of the Coast Guard Reserve, and for other purposes."
The bill would amend sections 684, 1005, and 1006 of title 10, United
States Code, to extend the benefits and protections of these provisions
which are currently enjoyed by the Reservists of the other Armed
Forces to members of the Coast Guard Reserve.
The Department of Transportation supports enactment of S. 2149.
The proposed amendment to section 684 of title 10, United States
Code, is primarily editorial in nature. Coast Guard Reservists cur-
rently enjoy the benefits of this section under the authority of section
755 of title 14, United States Code.
S.R. 1085
S.R. 1085
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1548
EQUALIZING CERTAIN ENTITLEMENTS FOR COAST
GUARD RESERVE OFFICERS
DECEMBER 10, 1974.-Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
Mr. FISHER, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany S. 2149]
The Committee on Armed Services, to whom was referred the bill
(S. 2149) to provide certain benefits to members of the Coast Guard
Reserve, and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the bill
as amended do pass.
The amendment is as follows:
On page 1, line 3, of the bill after the word "section" the number
"684" is substituted for the number "680."
EXPLANATION OF THE AMENDMENT
The Committee amendment is corrective in nature to cure an inad-
vertent mistake which occurred in the citation of an affected section
of the law. The mistake appears in the final version of the Senate
passed version, and incorrectly cites Section 680 in line of the bill,
rather than the appropriate section, 684.
PURPOSE OF THE BILL
This legislation is intended primarily to provide certain entitlements
to Coast Guard Reserve officers which are currently available to re-
serve officers in the other services. There is no reason to distinguish
between Reserve Officers of the various services in these entitlements,
and it seems that this situation resulted from a drafting oversight in
the codification of title 10, United States Code.
Prior to the enactment of sections 1005 and 1006 of title 10, the
statute governing this subject applied to all Reserve officers. How-
ever, when title 10 was codified the reference to "any" Reserve officer
was changed to "a Reserve commissioned officer.
of this title." The
38-006
2
3
provisions of the law which are concerned with Coast Guard Reserve
certain benefits to members of the Coast Guard Reserve, and for other
officers are contained in title 14 of the Code. Because this omission
purposes."
could be misconstrued, this legislation is necessary to formally clarify
This proposal is part of the Department of Defense Legislative
the position of Coast Guard Reserve officers in this regard.
Program for the 93rd Congress. The Office of Management and Budget
The amendment to section 684 of title 10 clarifies the eligibility of
advises that, from the standpoint of the Administration's program,
Coast Guard Reserve officers to the same compensation provided Re-
there is no objection to the presentation of this proposal for the con-
serve officers of the other services when these Reserve officers are
sideration of the Congress. The Department of the Navy has been
called back to active duty after having retired from military service.
designated as the representative of the Department of Defense for this
Section 1005 of title 10 proscribes the transfer or discharge of Re-
legislation. It is recommended that this proposal be enacted by the
serve officers from active status as a result of personnel actions based
Congress.
on certain unsatisfactory service while these officers are performing
PURPOSE OF THE LEGISLATION
obligated service. The amendment to this section places Coast Guard
Reserve officers under the same proscription. It should be noted that
The purpose of the proposed legislation is to expand the scope of
this section does not, of course, prevent the services from discharging
those sections of title 10, United States Code, applicable to members
an individual for cause.
of the reserve components of the other armed services to include mem-
The proposed amendments to subsection a) and b) of section 1006
bers of the Coast Guard Reserve. This will have the effect of provid-
of title 10 will protect Coast Guard Reserve officers from being in-
ing the Coast Guard Reservist, while on active duty, the same benefits
voluntarily discharged or transferred from active status in the Re-
enjoyed by members of the other reserve components.
serve or active duty when they have completed 18 or 19 years of servcie
Members of the Coast Guard Reserve are subject to recall to active
for purposes of retirement.
duty in the same way as members of reserve components of the Army,
Officers in the Coast Guard Reserve, Naval Reserve, and Marine
Navy, Air Force, and Marine Corps. They can be, and often are, sub-
Corps Reserve retained by the sanctuary provisions of subsections
jected to the same type of duty as other Reservists, including duty in
(a) and (b) of section 1006 will not be counted against authorized
hostile fire areas. It is therefore only equitable that they receive the
numbers by the amendment to subsection (c) of section 1006-a
same rights and benefits as these other Reservists.
situation which is currently afforded Reservists in the Army and the
The provisions of this bill will make members of the Coast Guard
Air Force. The effect of the amendment, beyond providing uniformity
Reserve eligible for the same compensation now provided members of
between the services, will be to keep these individuals from blocking
other Reserve components, will insure that officers of the Coast Guard
promotion opportunities for other Reserve officers.
Reserve are not discharged or transferred from an active reserve status
The amendment to subsection (e) of section 1006 will insure con-
before completing the service required by section 651 of title 10,
sistency with the other Reserve components in terms of maximum age
United States Code, and will insure that officers of the Coast Guard
limits at which transfer or discharge is required.
Reserve who have completed 18, but less than 20, years of service are
afforded the same opportunity for retention available to members of
FISCAL DATA
other reserve components. Finally, the proposed legislation provides
that an officer of the Coast Guard Reserve who is retained under its
This legislation will not result in an increase in the budgetary re-
provisions will be an additional number to those otherwise authorized.
quirements of the Department of Defense.
It is felt that enactment of this legislation will place members of the
Coast Guard Reserve on an equal footing with reserve members of the
DEPARTMENTAL POSITION
other armed forces.
It is arguable that most, if not all, of the above benefits are currently
This bill, to which the Office of Management and Budget inter-
available to Coast Guard Reservists by virtue of the assimilation pro-
poses no objection, is part of the legislative program of the Depart-
visions contained in section 755 of title 14, United States Code. How-
ment of Defense, as indicated in the following correspondence.
ever. it is felt that in order to be certain that all of the benefits are
provided, title 10 should be amended to specifically include the Coast
DEPARTMENT OF THE NAVY,
Guard Reserve.
OFFICE OF THE SECRETARY,
Subsection (c) of section 1006, title 10. United States Code, pro-
Washington, D.C., June 15, 1973.
vides that an officer of the Army or the Air Force who is retained in an
Hon. SPIRO T. AGNEW,
President of the Senate,
active status under subsection (a) or (b) of that section is an addi-
Washington, D.C.
tional number to those otherwise authorized. It is felt that this pro-
vision is inequitable as it now stands and should apply to all the armed
DEAR MR. PRESIDENT: There is forwarded herewith a draft of pro-
forces. Therefore, the phrase "of the Army or the Air Force" is
posed legislation "To amend title 10, United States Code, to provide
stricken in section 3 (2) of the proposed bill.
H.R. 1548
H.R. 1548
5
4
COST AND BUDGET DATA
There will be no increased cost to the Department of Defense nor to
the Department of Transportation as a result of this proposed
legislation.
Sincerely yours,
JOHN W. WARNER,
Secretary of the Navy.
Enclosure: Draft bill.
A BILL To amend title 10, United States Code, to provided certain
benefits to members of the Coast Guard Reserve, and for other
purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
section 684 of title 10, United States Code, is amended by
striking out "or Marine Corps" and inserting in place thereof
(1) by adding "or chapter 21 of title 14," after "or 863 of
In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, there is printed below in
parallel columns the test of provisions of existing law which would be repealed or amended by the various provisions
THE BILL AS REPORTED
S. 2149 AS AMENDED
"Marine Corps, or Coast Guard" in subsections (a) and (b).
SEC. 2. Section 1005 of title 10, United States Code, is
amended by striking out the period at the end of the first sen-
Be it enacted by the Senate and House of Represent-
tence and adding "or chapter 21 of title 14."
atives of the United States of America in Congress assem-
bled, That section [680] 684 of title 10, United States Code,
is amended by striking out "or Marine Corps" and insert-
ing in place thereof "Marine Corps, or Coast Guard" in
SEC. 3. Section 1006 of title 10, United States Code, is amend-
ed-
this title" in subsections (a) and (b) ;
CHANGES IN EXISTING LAW
subsections (a) and (b).
(2) by striking out "of the Army or the Air Force" in sub-
section (c) ;
(3) by adding "or section 291 of title 14," after "or 8911 of
this title," in subsection (e) ;
(4) by adding "or section 787 of title 14," after "or 3852 of
this title," in subsection (e) ; and
(5) by adding "or section 789 of title 14," after "or 3845 of
this title," in subsection (e).
COMMITTEE POSITION
The Committee on Armed Services on December 10, 1974 a quorum
being present, unanimously endorsed enactment of the bill.
EXISTING LAW
of the bill as reported.
SECTION 684 OF TITLE 10 UNITED STATES CODE
§ 684. Payment of certain Reserves while on duty
(a) Except as provided by subsection (b), a Reserve of
the Army, Navy, Air Force, or Marine Corps who because
of his earlier military service is entitled to a pension, re-
tired or retainer pay, or disability compensation, and who
performs duty for which he is entitled to compensation,
may elect to receive for that duty either-
(1) the payments to which he is entitled because of
his earlier military service; or
(2) if he specifically waives those payments, the pay
and allowances authorized by law for the duty that he
is performing.
(b) Unless the payments because of his earlier military
service are greater than the compensation prescribed by
subsection (a) (2), a Reserve of the Army, Navy, Air
Force, or Marine Corps who because of his earlier military
service is entitled to a pension, retired or retainer pay, or
disability compensation, and who upon being ordered to
active duty for a period of more than 30 days in time of
war or national emergency is found physically qualified to
H.R. 1548
H.R. 1548
EXISTING LAW
THE BILL AS REPORTED
perform that duty, ceases to be entitled to the payments
because of his earlier military service until the period of
active duty ends. While on that active duty, he is entitled
to the compensation prescribed by subsection (a) (2).
Other rights and benefits of the member or his dependents
are unaffected by this subsection. Added Pub. L. 85-861,
§ (15), Sept. 2, 1958, 72 Stat. 1441.
SECTION 1005 OF TITLE 10, UNITED STATES CODE
§ 1005. Commissioned officers: retention until comple-
tion of required service
A reserve commissioned officer, other than a commis-
SEC. 2. Section 1005 of title 10, United States Code, is
sioned warrant officer, who has not completed the period
amended by striking out the period at the end of the first
of service required of him by section 651 of this title or
sentence and adding "or chapter 21 of title 14.".
any other provision of law, may not be discharged or
transferred from an active status under chapter 337, 361,
363, 573, 837, 861, or 863 of this title. Unless, under regu-
lations prescribed by the Secretary concerned, he is pro-
moted to a higher reserve grade, he shall be retained in
an active status in his reserve grade for the rest of his
1548 H.R.
period of required service and shall be an additional num-
ber to the authorized strength of his grade. Added Pub.
L. 85-861, § 1 (22) (B), Sept. 2, 1958, 72 Stat. 1444.
*
*
*
*
*
SECTION 1006 OF TITLE 10, UNITED STATES CODE
§ 1006. Commissioned officers: retention after com-
pleting 18 or more, but less than 20, years of
service
(a) If on the date prescribed for the discharge or trans-
fer from an active status of a reserve commissioned officer
SEC. 3. Section 1006 of title 10, United States Code, is
amended—
he is entitled to be credited with at least 18, but less than
19, years of service computed under section 1332 of this
(1) by adding "or chapter 21 of title 14," after
title, he may not be discharged or transferred from an
"or 863 of this title" in subsections (a) and (b) ;
active status under chapter 337, 361, 363, 573, 837, 861,
(2) by striking out "of the Army or the Air Force"
or 863 of this title without his consent before the earlier
in subsection (c) ; and
of the following dates—
(3) by adding "or title 14" at the end of the first
(1) the date on which he is entitled to be credited
sentence in subsection (e).
with 20 years of service computed under section 1332
of this title; or
7
(2) the third anniversary of the date on which he
would otherwise be discharged or transferred from
an active status.
(b) If on the date prescribed for the discharge or
transfer from an active status of a reserve commissioned
officer he is entitled to be credited with at least 19, but less
than 20, years of service computed under section 1332 of
this title, he may not be discharged or transferred from an
active status under chapter 337, 361, 363, 573, 837, 861, or
1518 H.R.
863 of this title without his consent before the earlier of
the following dates—
(1) the date on which he is entitled to be credited
with 20 years of service computed under section 1332
of this title; or
EXISTING LAW
THE BILL AS REPORTED
(2) the second anniversary of the date on which he
8
would otherwise be discharged or transferred from
an active status.
(c) An officer of the Army or the Air Force who is re-
tained in an active status under subsection (a) or (b) is
an additional number to those otherwise authorized.
(d) Subsections (a) and (b) do not apply to—
(1) officers who are discharged or transferred from
an active status for physical disability, for cause, or
because they have reached the age at which transfer
from an active status or discharge is required by law;
1548 H.R.
or
(2) Commissioned warrant officers.
(e) A reserve commissioned officer on active duty (other
than for training) who on the date on which he would
otherwise be removed from an active status under sections
3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848,
8851, or 8852 of this title or section 787 of title 14, and who
is within two years of qualifying for retirement under sec-
tion 3911, 6323, or 8911 of this title, may, in the discretion
of the Secretary concerned, be retained on active duty for
a period of not more than two years, if at the end of that
period he will be qualified for retirement under one of
those sections and will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title. An officer who is re-
tained on active duty under this section may not be
removed from an active status while he is on that duty.
For officers covered by sections 3846, 3848, 3851, or 3852 of
this title, the ages at which transfer from an active status
or discharge is required are those set forth in sections 3843,
3844, or 3845 of this title, or section 21 (e) of the Act en-
acting this section, as the case may be. As amended Pub. L.
86-559, § 1(3) (A), June 30, 1960, 74 Stat. 264;
1548 H.R.
10
SUMMARY
PURPOSE OF THE BILL
To provide certain benefits to members of the Coast Guard Reserve,
and for other purposes. These benefits are currently available to
Reservists in the other services, but were left out through an apparent
oversight when title 10 was codified.
FISCAL DATA
This legislation will not result in an increase in the budgetary
requirements of the Department of Defense.
DEPARTMENTAL POSITION
The Department of Defense supports this legislation and the Office
of Management and Budget interposes no objection.
COMMITTEE POSITION
The Committee on Armed Services on December 10, 1974, a quorum
being present, unanimously endorsed enactment of the bill.
H.R. 1548
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1548
EQUALIZING CERTAIN ENTITLEMENTS FOR COAST
GUARD RESERVE OFFICERS
DECEMBER 10, 1974.-Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
Mr. FISHER, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany S. 2149]
The Committee on Armed Services, to whom was referred the bill
(S. 2149) to provide certain benefits to members of the Coast Guard
Reserve, and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the bill
as amended do pass.
The amendment is as follows:
On page 1, line 3, of the bill after the word "section" the number
"684" is substituted for the number "680."
EXPLANATION OF THE AMENDMENT
The Committee amendment is corrective in nature to cure an inad-
vertent mistake which occurred in the citation of an affected section
of the law. The mistake appears in the final version of the Senate
passed version, and incorrectly cites Section 680 in line of the bill,
rather than the appropriate section, 684.
PURPOSE OF THE BILL
This legislation is intended primarily to provide certain entitlements
to Coast Guard Reserve officers which are currently available to re-
serve officers in the other services. There is no reason to distinguish
between Reserve Officers of the various services in these entitlements,
and it seems that this situation resulted from a drafting oversight in
the codification of title 10, United States Code.
Prior to the enactment of sections 1005 and 1006 of title 10, the
statute governing this subject applied to all Reserve officers. How-
ever, when title 10 was codified the reference to "any" Reserve officer
was changed to "a Reserve commissioned officer.
of this title." The
38-006
2
3
provisions of the law which are concerned with Coast Guard Reserve
officers are contained in title 14 of the Code. Because this omission
certain benefits to members of the Coast Guard Reserve, and for other
could be misconstrued, this legislation is necessary to formally clarify
purposes."
the position of Coast Guard Reserve officers in this regard.
This proposal is part of the Department of Defense Legislative
The amendment to section 684 of title 10 clarifies the eligibility of
Program for the 93rd Congress. The Office of Management and Budget
Coast Guard Reserve officers to the same compensation provided Re-
advises that, from the standpoint of the Administration's program,
serve officers of the other services when these Reserve officers are
there is no objection to the presentation of this proposal for the con-
called back to active duty after having retired from military service.
sideration of the Congress. The Department of the Navy has been
Section 1005 of title 10 proscribes the transfer or discharge of Re-
designated as the representative of the Department of Defense for this
serve officers from active status as a result of personnel actions based
legislation. It is recommended that this proposal be enacted by the
on certain unsatisfactory service while these officers are performing
Congress.
obligated service. The amendment to this section places Coast Guard
PURPOSE OF THE LEGISLATION
Reserve officers under the same proscription. It should be noted that
this section does not, of course, prevent the services from discharging
The purpose of the proposed legislation is to expand the scope of
an individual for cause.
those sections of title 10, United States Code, applicable to members
The proposed amendments to subsection a) and b) of section 1006
of the reserve components of the other armed services to include mem-
of title 10 will protect Coast Guard Reserve officers from being in-
bers of the Coast Guard Reserve. This will have the effect of provid-
voluntarily discharged or transferred from active status in the Re-
ing the Coast Guard Reservist, while on active duty, the same benefits
serve or active duty when they have completed 18 or 19 years of servcie
enjoyed by members of the other reserve components.
for purposes of retirement.
Members of the Coast Guard Reserve are subject to recall to active
Officers in the Coast Guard Reserve, Naval Reserve, and Marine
duty in the same way as members of reserve components of the Army,
Corps Reserve retained by the sanctuary provisions of subsections
Navy, Air Force, and Marine Corps. They can be, and often are, sub-
(a) and (b) of section 1006 will not be counted against authorized
jected to the same type of duty as other Reservists, including duty in
numbers by the amendment to subsection (c) of section 1006-a
hostile fire areas. It is therefore only equitable that they receive the
situation which is currently afforded Reservists in the Army and the
same rights and benefits as these other Reservists.
Air Force. The effect of the amendment, beyond providing uniformity
The provisions of this bill will make members of the Coast Guard
between the services, will be to keep these individuals from blocking
Reserve eligible for the same compensation now provided members of
promotion opportunities for other Reserve officers.
other Reserve components, will insure that officers of the Coast Guard
The amendment to subsection (e) of section 1006 will insure con-
Reserve are not discharged or transferred from an active reserve status
sistency with the other Reserve components in terms of maximum age
before completing the service required by section 651 of title 10,
limits at which transfer or discharge is required.
United States Code, and will insure that officers of the Coast
Reserve who have completed 18. but less than 20, years of service are
FISCAL DATA
afforded the same opportunity for retention available to members of
other reserve components. Finally, the proposed legislation provides
This legislation will not result in an increase in the budgetary re-
that an officer of the Coast Guard Reserve who is retained under its
quirements of the Department of Defense.
provisions will be an additional number to those otherwise authorized.
It is felt that enactment of this legislation will place members of the
DEPARTMENTAL POSITION
Coast Guard Reserve on an equal footing with reserve members of the
other armed forces.
This bill, to which the Office of Management and Budget inter-
It is arguable that most, if not all, of the above benefits are currently
poses no objection, is part of the legislative program of the Depart-
available to Coast Guard Reservists by virtue of the assimilation pro-
ment of Defense, as indicated in the following correspondence.
visions contained in section 755 of title 14, United States Code. How-
ever, it is felt that in order to be certain that all of the benefits are
DEPARTMENT OF THE NAVY,
provided, title 10 should be amended to specifically include the Coast
OFFICE OF THE SECRETARY,
Guard Reserve.
Washington, D.C., June 15, 1973.
Subsection (c) of section 1006, title 10, United States Code, pro-
Hon. SPIRO T. AGNEW,
vides that an officer of the Army or the Air Force who is retained in an
President of the Senate,
active status under subsection (a) or (b) of that section is an addi-
Washington, D.C.
tional number to those otherwise authorized. It is felt that this pro-
DEAR MR. PRESIDENT: There is forwarded herewith a draft of pro-
vision is inequitable as it now stands and should apply to all the armed
posed legislation "To amend title 10, United States Code, to provide
forces. Therefore, the phrase "of the Army or the Air Force" is
stricken in section 3 (2) of the proposed bill.
H.R. 1548
H.R. 1548
4
5
COST AND BUDGET DATA
There will be no increased cost to the Department of Defense nor to
legislation. the Department of Transportation as a result of this proposed
Sincerely yours,
JOHN W. WARNER,
Secretary of the Navy.
Enclosure: Draft bill.
A BILL To amend title 10, United States Code, to provided certain
benefits to members of the Coast Guard Reserve, and for other
purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
section 684 of title 10, United States Code, is amended by
striking out "or Marine Corps" and inserting in place thereof
"Marine Corps, or Coast Guard" in subsections (a) and (b).
(2) by striking out "of the Army or the Air Force" in sub-
In compliance with clause 3 or rule XIII of the Rules of the House of Representatives, there is printed below in
parallel columns the test of provisions of existing law which would be repealed or amended by the various provisions
THE BILL AS REPORTED
S. 2149 AS AMENDED
SEC. 2. Section 1005 of title 10. United States Code, is
amended by striking out the period at the end of the first sen-
tence and adding "or chapter 21 of title 14."
Be it enacted by the Senate and House of Represent-
ed- SEC. 3. Section 1006 of title 10, United States Code, is amend-
atives of the United States of America in Congress assem-
bled, That section [680] 68.4 of title 10, United States Code,
is amended by striking out "or Marine Corps" and insert-
ing in place thereof "Marine Corps, or Coast Guard" in
(1) by adding "or chapter 21 of title 14," after "or 863 of
this title" in subsections (a) and (b)
CHANGES IN EXISTING LAW
subsections (a) and (b).
section (c)
(3) by adding "or section 291 of title 14," after "or 8911 of
this title," in subsection (e) ;
(4) by adding "or section 787 of title 14," after "or 3852 of
this title," in subsection (e) ; and
(5) by adding "or section 789 of title 14," after "or 3845 of
this title," in subsection (e).
COMMITTEE POSITION
The Committee on Armed Services on December 10, 1974 a quorum
being present, unanimously endorsed enactment of the bill.
EXISTING LAW
of the bill as reported.
SECTION 684 OF TITLE 10 UNITED STATES CODE
§ 684. Payment of certain Reserves while on duty
(a) Except as provided by subsection (b), a Reserve of
the Army, Navy, Air Force, or Marine Corps who because
of his earlier military service is entitled to a pension, re-
tired or retainer pay, or disability compensation, and who
performs duty for which he is entitled to compensation,
may elect to receive for that duty either-
(1) the payments to which he is entitled because of
his earlier military service; or
(2) if he specifically waives those payments, the pay
and allowances authorized by law for the duty that he
is performing.
(b) Unless the payments because of his earlier military
service are greater than the compensation prescribed by
subsection (a) (2), a Reserve of the Army, Navy, Air
Force, or Marine Corps who because of his earlier military
service is entitled to a pension, retired or retainer pay, or
disability compensation, and who upon being ordered to
active duty for a period of more than 30 days in time of
war or national emergency is found physically qualified to
H.R. 1548
H.R. 1548
EXISTING LAW
THE BILL AS REPORTED
perform that duty, ceases to be entitled to the payments
because of his earlier military service until the period of
active duty ends. While on that active duty, he is entitled
to the compensation prescribed by subsection (a) (2).
Other rights and benefits of the member or his dependents
are unaffected by this subsection. Added Pub. L. 85-861,
§ (15), Sept. 2, 1958, 72 Stat. 1441.
SECTION 1005 OF TITLE 10, UNITED STATES CODE
§ 1005. Commissioned officers: retention until comple-
tion of required service
A reserve commissioned officer, other than a commis-
SEC. 2. Section 1005 of title 10, United States Code, is
sioned warrant officer, who has not completed the period
amended by striking out the period at the end of the first
of service required of him by section 651 of this title or
sentence and adding "or chapter 21 of title 14.".
any other provision of law, may not be discharged or
transferred from an active status under chapter 337, 361,
363, 573, 837, 861, or 863 of this title. Unless, under regu-
lations prescribed by the Secretary concerned, he is pro-
moted to a higher reserve grade, he shall be retained in
an active status in his reserve grade for the rest of his
1548 H.R.
period of required service and shall be an additional num-
ber to the authorized strength of his grade. Added Pub.
L. 85-861, § 1 (22) (B), Sept. 2, 1958, 72 Stat. 1444.
*
*
*
*
SECTION 1006 OF TITLE 10, UNITED STATES CODE
§ 1006. Commissioned officers: retention after com-
pleting 18 or more, but less than 20, years of
service
(a) If on the date prescribed for the discharge or trans-
SEC. 3. Section 1006 of title 10, United States Code, is
fer from an active status of a reserve commissioned officer
amended-
he is entitled to be credited with at least 18, but less than
(1) by adding "or chapter 21 of title 14," after
19, years of service computed under section 1332 of this
"or 863 of this title" in subsections (a) and (b) ;
title, he may not be discharged or transferred from an
(2) by striking out "of the Army or the Air Force"
active status under chapter 337, 361, 363, 573, 837, 861,
in subsection (c) and
or 863 of this title without his consent before the earlier
(3) by adding "or title 14" at the end of the first
of the following dates—
sentence in subsection (e).
(1) the date on which he is entitled to be credited
with 20 years of service computed under section 1332
of this title; or
(2) the third anniversary of the date on which he
would otherwise be discharged or transferred from
an active status.
(b) If on the date prescribed for the discharge or
transfer from an active status of a reserve commissioned
officer he is entitled to be credited with at least 19, but less
than 20, years of service computed under section 1332 of
this title, he may not be discharged or transferred from an
active status under chapter 337, 361, 363, 573, 837, 861, or
1548 H.R.
863 of this title without his consent before the earlier of
the following dates—
(1) the date on which he is entitled to be credited
with 20 years of service computed under section 1332
of this title; or
EXISTING LAW
THE BILL AS REPORTED
(2) the second anniversary of the date on which h
8
would otherwise be discharged or transferred from
an active status.
(c) An officer of the Army or the Air Force who is re-
tained in an active status under subsection (a) or (b) is
an additional number to those otherwise authorized.
(d) Subsections (a) and (b) do not apply to—
(1) officers who are discharged or transferred from
an active status for physical disability, for cause, or
because they have reached the age at which transfer
from an active status or discharge is required by law;
H.R. 1548
or
(2) Commissioned warrant officers.
(e) A reserve commissioned officer on active duty (other
than for training) who on the date on which he would
otherwise be removed from an active status under sections
3846, 3848, 3851, 3852, 6389, 6397, 6403, 6410, 8846, 8848,
8851, or 8852 of this title or section 787 of title 14, and who
is within two years of qualifying for retirement under sec-
tion 3911, 6323, or 8911 of this title, may, in the discretion
of the Secretary concerned, be retained on active duty for
a period of not more than two years, if at the end of that
period he will be qualified for retirement under one of
those sections and will not, before the end of that period,
reach the age at which transfer from an active status or
discharge is required by this title. An officer who is re-
tained on active duty under this section may not be
removed from an active status while he is on that duty.
For officers covered by sections 3846, 3848, 3851, or 3852 of
this title, the ages at which transfer from an active status
or discharge is required are those set forth in sections 3843,
3844, or 3845 of this title, or section 21 (e) of the Act en-
6
acting this section, as the case may be. As amended Pub. L.
86-559, § 1(3) (A), June 30, 1960, 74 Stat. 264;
1548 H.R.
10
SUMMARY
PURPOSE OF THE BILL
To provide certain benefits to members of the Coast Guard Reserve,
and for other purposes. These benefits are currently available to
Reservists in the other services, but were left out through an apparent
oversight when title 10 was codified.
FISCAL DATA
This legislation will not result in an increase in the budgetary
requirements of the Department of Defense.
DEPARTMENTAL POSITION
The Department of Defense supports this legislation and the Office
of Management and Budget interposes no objection.
COMMITTEE POSITION
The Committee on Armed Services on December 10, 1974, a quorum
being present, unanimously endorsed enactment of the bill.
H.R. 1548
S. 2149
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To amend title 10, United States Code, to provide certain benefits to members
of the Coast Guard Reserve, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 684 of
title 10, United States Code, is amended by striking out "or Marine
Corps" and inserting in place thereof "Marine Corps, or Coast Guard"
in subsections (a) and (b).
SEC. 2. Section 1005 of title 10, United States Code, is amended by
striking out the period at the end of the first sentence and adding "or
chapter 21 of title 14.".
SEC. 3. Section 1006 of title 10, United States Code, is amended-
(1) by adding "or chapter 21 of title 14," after "or 863 of this
title" in subsections (a) and (b);
(2) by striking out "of the Army or the Air Force" in subsec-
tion (c) ; and
(3) by adding "or title 14" at the end of the first sentence in
subsection (e).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.