A bill to provide subsistence allowances for members of the Coast Guard officer candidate program, and for other purposes.
PL 97-417 (H.R.6804), enacted 01/04/1983

PUBLIC LAW 97-417—JAN. 4, 1983 
96 STAT. 2085 
Public Law 97-417 
97th Congress 
An Act 
To provide subsistence allowances for members of the Coast Guard officer candidate 
program, 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 705 of 
title 14, United States Code, is amended by adding a new subsection 
(f) as follows: 
"(f) A member of the Coast Guard Reserve not on active duty who 
is enrolled in an officer candidate program authorized by section 600 
of title 10 leading to a commission in the Coast Guard Reserve, and 
is a full-time student in an accredited college curriculum leading to 
a bachelor's degree may be paid a subsistence allowance for each 
month of the member's academic year at the same rate as that 
prescribed by section 209(a) of title 37.". 
SEC. 2. That title 14, United States Code, is amended as follows: 
(1) Section 41 is amended by inserting "commodores;" after 
"rear admirals;". 
(2) Subsection (b) of section 42 is amended by striking out 
"0.75;" and inserting in lieu thereof ".375; commodore .375;". 
(3) Subsections (a) and (b) of section 256 are each amended by 
striking out "rear admiral" and inserting in lieu thereof 
"commodore". 
(4) Subsection (b) of section 259 is amended by striking out 
"rear admiral" and inserting in lieu thereof "commodore". 
(5) Section 271 is amended— 
(A) by inserting a comma after "may" in subsection (c); 
(B) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(C) by adding after subsection (c) the following new 
subsection: 
"(d) When a vacancy in the grade of rear admiral occurs, the 
senior commodore serving on the active duty promotion list shall be 
appointed by the President, by and with the advice and consent of 
the Senate, to fill the vacancy. The appointment shall be effective on 
the date the vacancy occurred.". 
(6) Subsection (d) of section 275 is repealed. 
(7) Subsection (a) of section 288 is amended by striking out 
"rear admiral" and inserting in lieu thereof "commodore". 
(8) Subsection (a) of section 289 is amended to read as follows: 
"(a) The Secretary may, whenever the needs of the service require, 
but not more often than annually, convene a board consisting of not 
less than six officers of the grade of commodore or rear admiral to 
recommend for continuation on active duty officers on the active 
duty promotion list serving in the grade of captain, who during the 
promotion year in which the board meets will complete at least 
three years' service in that grade and who have not been selected for 
promotion to the grade of commodore. Officers who are subject to 
Jan. 4, 1983 
[H.R. 6804] 
Coast Guard 
officer 
candidates, 
subsistence 
allowances. 
14 u s e 41. 
14 u s e 42. 
14 u s e 256. 
14 u s e 259. 
14 u s e 271. 
14 u s e 275. 
14 u s e 288. 
14 u s e 289. 
96 STAT. 2086 
PUBLIC LAW 97-417—JAN. 4, 1983 
1
4 use 288. 
retirement under section 288 of this title during the promotion year 
in which the board meets shall not be considered by this board.". 
1
4 use 290. 
(9XA) Section 290 is amended— 
(i) by amending the catch line thereof to read as follows: 
**§290. Rear admirals and commodores; continuation on active 
duty; involuntary retirement'*; 
and 
(ii) by amending subsection (a) to read as follows: 
"(a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior officers 
on the active duty promotion list serving in the grade of commodore 
or rear admiral who have not previously been considered for con-
tinuation in that grade. Officers serving for the time being or who 
have served in the grade of vice admiral or in the position of Chief of 
Staff are not subject to consideration for continuation under this 
subsection, and as to all other provisions of this section shall be 
considered as having been continued in the grade of rear admiral. A 
board shall consist of at least five officers serving in the grade of 
vice admiral or as rear admirals previously continued. Board shall 
be convened frequently enough to assure that each officer serving in 
the grade of commodore or rear admiral is subject to consideration 
for continuation during a promotion year in which he completes not 
less than four or more than five years combined service in the 
grades of commodore and rear admiral.". 
(B) The item relating to section 290 in the table of sections at 
the beginning of chapter 11 is amended to read as follows: 
"290. Rear admirals and commodores; continuation on active duty; involuntary 
retirement.". 
1
4 use 421. 
(10) Subsection O
b
) of section 421 is amended by striking out 
"rear admiral" and inserting in lieu thereof "commodore". 
Repeal. 
(11) Section 462a is repealed. 
1
4 use 724^' 
^^^^ Subsection (b) of section 724 is amended— 
(A) by striking "rear admiral" in the first sentence and 
inserting in lieu thereof "commodore"; and 
(B) by striking "grade of rear admiral" in the last sen-
tence and inserting in lieu thereof "combined grades of 
commodore and real admiral". 
1
4 use 729. 
(13) Subsection (e) of section 729 is amended— 
(A) by striking "the grade of rear admiral" and substitut-
ing "the grades of commodore and rear admiral"; and 
(B) by inserting "for promotion to the grade of commo-
dore" after "consideration". 
1
4 use 736. 
(14) Subsection (b) of section 736 is amended to read as follows: 
"Ob) Notwithstanding any other law, when the running mate of a 
reserve officer serving in the grade of commodore is promoted to the 
grade of rear admiral, the reserve officer shall also be promoted to 
that grade.". 
1
4 use 740. 
(15) Subsection (a)(2) of section 740 is amended by striking 
"rear admiral" and substituting "commodore". 
1
4 use 742. 
(16) Subsection (b) of section 742 is amended by inserting "or 
commodore" after "rear admiral". 
1
4 use 743. 
(17)(A) Section 743 is amended to read as follows: 
PUBLIC LAW 97-417—JAN. 4, 1983 
96 STAT. 2087 
"§ 743. Rear admiral and commodore; maximum service in grade 
"Unless retained in or removed from an active status under any 
other law, a Reserve rear admiral or commodore shall be removed 
from an active status on the day that officer completes four years 
combined service in the grades of rear admiral and commodore.". 
(B) The item relating to section 743 in the table of sections at 
the beginning of chapter 21 is amended to read as follows: 
"743. Rear admiral and commodore; maximum service in grade.". 
SEC. 3. (a) Section 202 of title 37, United States Code, is amended 
to read as follows: 
"§ 202. Pay grades: commodores, retired list 
"An officer of the Coast Guard holding a permanent appointment 
in the grade of commodore on the retired list, and who in time of 
war or national emergency has served satisfactorily on active duty 
for two years in that grade or in a higher grade, is entitled when on 
active duty to the basic pay of a rear admiral.". 
O
t
>
) The item relating to section 202 in the table of sections at the 
beginning of chapter 3 of title 37 is amended to read as follows: 
"202. Pay grades; commodores, retired list.". 
SEC. 4. (a) An officer of the Coast Guard who on the day before the 
14 use 271 note. 
effective date of this Act— 
(1) was serving on active duty in the grade of rear admiral 
and was receiving the basic pay of a rear admiral of the upper 
half; or 
(2) was serving on active duty in the grade of admiral or vice 
admiral, 
shall after that date hold the permanent grade of rear admiral. 
(b) An officer who on the day before the effective date of this Act 
was serving on active duty in the grade of rear admiral and was 
receiving the basic pay of a rear admiral of the lower half shall after 
that date hold the permanent grade of commodore, but shall retain 
the title of rear admiral. 
(c) An officer who on the day before the effective date of this Act 
was on an approved list of officers recommended for promotion to 
the grade of rear admiral shall, upon promotion, hold the grade of 
commodore with the title of rear admiral. 
(d) An officer who on the day before the effective date of this Act— 
(1) was serving on active duty in the grade of rear admiral 
and was entitled to the basic pay of a rear admiral of the lower 
half; or 
(2) was on an approved list of officers recommended for 
promotion to the grade of rear admiral, 
shall, on and £ifter the effective date of this Act, or in the case of an 
officer on such a list, upon promotion to the grade of commodore, be 
entitled to wear the uniform and insignia of a rear admiral. 
(e) An officer of the Coast Guard who on the day before the 
effective date of this Act held the grade of rear admiral on the 
retired list retains the grade of rear admiral and is entitled after 
that date to wear the uniform and insignia of a rear admiral. Such 
an officer, when ordered to active duty— 
(1) holds the grade and has the right to wear the uniform and 
insignia of a rear admiral; and 
(2) ranks among commissioned officers of the Armed Forces as 
and is entitled to the basic pay o
f
— 
96 STAT. 2088 
PUBLIC LAW 97-417—JAN. 4, 1983 
(A) a commodore, if his retired pay was based on the basic 
pay of a rear admiral of the lower half on the day before the 
effective date of this Act; or 
(B) a rear admiral, if his retired pay was based on the 
basic pay of a rear admiral of the upper half on the day 
before the effective date of this Act. 
(f) Unless entitled to a higher grade under another provision of 
law, an officer who on the day before the effective date of this Act— 
(1) was serving on active duty, and 
(2) held the grade of rear admiral; 
and who retires on or after the effective date of this Act, retires in 
the grade of rear admiral and is entitled to wear the uniform and 
insignia of a rear admiral. If such an officer is ordered to active duty 
after his retirement, he is considered, for the purposes of determin-
ing his pay, uniform, insignia, and rank among other commissioned 
officers, as having held the grade of rear admiral on the retired list 
on the day before the effective date of this Act. 
Approved January 4, 1983. 
LEGISLATIVE HISTORY—H.R. 6804: 
HOUSE REPORT No. 97-789 (Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 14, considered and passed House. 
Dec. 16, considered and passed Senate.