An Act to improve and clarify certain laws of the Coast Guard
PL 89-444 (S.2471), enacted 06/09/1966

80 STAT. ] 
PUBLIC LAW 89-444-JUNE 9, 1966 
195 
Public Law 89-444 
AN ACT 
June 9, 1966 
r c 9 4 711 
To improve and clarify certain laws of the Coast Guard. 
' 
Coast Guard. 
Laws, itnprove-
Be it enacted hy the Senate and House of Representatives 
of the 
Vnited States of America in Congress assembled^ That title 14, United 
States Code, is amended as follows: 
me'^Tand cTarifTca-
(1) Section 4 is amended— 
"°63 stat 49-' 
(A) by inserting the word "and"' at the end of clause (d) ; and 
(B) by striking out "; and" at the end of clause (e) and 
inserting a period in place thereof. 
(2) Subsection (a) of section 42 is amended by striking out "three 
^^ ^*^t- ^'^'^^ 
thousand five hundred" and inserting "four thousand" in place thereof 
so that the subsection will read as follows: 
"(a) The total number of commissioned officers, excluding commis-
sioned w^arrant officers, on active duty in the Coast Guard sihall not 
exceed four thousand." 
(3) Section 44 is amended by striking out "The position vacated 
by an officer appointed Commandant shall be filled by promotion 
according to law\" 
(4) Subsection (c) of section 46 is amended to read as follows: 
^4 stat. i44. 
"(c) An officer who is retired prior to the expiration of his term, 
while serving as Commandant, may, in the discretion of the President, 
be retired with the ^rade of admiral and retired pay computed at the 
highest rates of basic pay applicable to him while he served as Com-
mandant." 
(5) Subsection (d) of section 46 is repealed. 
Repeal. 
(6) Subsection (c) of section 47 is amended to read as follows: 
"(c) An officer who is retired w'hile serving as Assistant Com-
mandant, or who, after serving at least two and one-half years as 
Assistant Commandant, is retired after completion of that service 
while serving in a lower rank or grade, may, in the discretion of the 
President, be retired with the grade and retired pay of vice admiral." 
(7) Subsection (d) of section 47 is amended to read as follows: 
"(d) An officer who, after serving less than two and one-half years 
as Assistant Commandant, is retired after completion of that service 
while serving in a lower rank or grade, shall be retired in his per-
manent grade and wnth the retired pay of that grade." 
(8) Section 182 is amended by striking out "three" in the first 
^3 stat. sos; 
sentence and inserting "four" in place thereof so that the sentence will 
read as follows: 
"The number of cadets appointed annually to the Academy shall 
be as determined by the Secretary but the number appointed in any 
one year shall not exceed four hundred." 
(9) Section 186 is amended— 
(A) by striking the words "of the teaching staff" and the words 
"whose compensation shall be fixed in accordance with the Classi-
fication Kct of 1949, as amended" in the first sentence, by inserting 
^^ stat. 954. 
the word "faculty" between "civilian" and "membere" in the ^ 
first sentence, and by inserting a period after the word "require" 
so that the first sentence will read as follows: "The Secretary 
may appoint in the Coast Guard such number of civilian faculty 
members at the Academy as the needs of the Service may require." 
(B) by redesignating the amended section as subsection (a). 
(C) by adding a new subsection (b) as follows: 
"(b) The compensation of persons employed under this section is 
as prescribed by the Secretary." 
78 Stat. 153. 
74 Stat. 145. 
note. 
196 
PUBLIC LAW 89-444-JUNE 9, 1966 
[80 STAT. 
7/st!l^*i45r' 
(•'^^^ Section 190 is amended by inserting the following after the 
77 Stat. 175'. 
first 
sentence: "The Secretary may retire any member of the permanent 
commissioned teaching staff who has completed thirty years' active 
service." 
77 Stat. 177. 
^ - j ^ Subsection (a) of section 211 is amended by striking out 
"four" in paragraph (4) and inserting "two" in place thereof so that 
the paragraph will read as follows: 
"(4) licensed officers of the United States merchant marine 
who have served two or more years aboard a vessel of the United 
States in the capacity of a licensed officer." 
(12) Subsection (a) of section 214 is amended by striking out the 
period at the end of the sentence and adding ", and from licensed 
officers of the United States merchant marine." 
(13) Subsection (b) of section 214 is amended by striking out the 
period at the end of the sentence and adding ", and from licensed 
officers of the United States merchant marine." 
(14) Subsection (c) of section 214 is amended by striking out the 
period at the end of the sentence and adding ", and from licensed 
officers of the United States merchant marine." 
(15) Subsection (a) of section 253 is amended by inserting "the 
officers eligible for consideration," after "to be considered,". 
(16) Subsection (a) of section 256 is amended by inserting the 
words "who are eligible for consideration for promotion to the next 
hig*her grade and" before the words "who have not" in the second 
sentence. 
(17) Clause (2) of section 258 is amended to read as follows: "the 
names and records of all officers who are eligible for consideration 
for promotion to the grade to which the board will recommend officers 
for promotion, with identification of those officers who are in the pro-
motion zone." 
(18) Subsection (b) of section 332 is amended by inserting the 
following sentence at the end thereof: "However, this limitation does 
not apply to retired officers of these grades recalled to serve as mem-
bers of courts, boards, panels, surveys, or special projects for periods 
not to exceed one year." 
(19) The catchline of section 334 is amended to read as follows: 
"§334. Grade on retirement". 
69 Stat. 88. 
(£0) By adding the following new sections after section 370: 
"§371. Aviation cadets; procurement; transfer 
" (a) The grade of aviation cadet is established as a special enlisted 
grade in the Coast Guard. Under such regulations as the Secretary 
prescribes, male citizens in civil life may be enlisted as, and male 
enlisted members of the Coast Guard with their consent may be desig-
nated as, aviation cadets. 
"(b) Except in time of war or national emergency declared by 
Congress, not less than 20 per centum of the aviation cadets procured 
in each fiscal year shall be procured from qualified enlisted members 
of the Coast Guard. 
"(c) No persons may be enlisted or designated as an aviation 
cadet unless— 
"(1) he agrees in writing that, upon his successful completion 
of the course of training as an aviation cadet, he will accept a 
commission as an ensign in the Coast Guard Reserve and will 
serve on active duty as such for at least three years, unless sooner 
released; and 
" (2) if under twenty-one years of age, he has the consent of his 
parent or guardian to his agreement. 
80 STAT. ] 
PUBLIC LAW 89-444-JUNE 9, 1966 
197 
"(d) Under such regulations as the Secretary prescribes, an avia-
tion cadet may be transferred to another enlisted grade or rating in 
the Coast Guard, released from active duty, or discharged. 
"§372. Aviation cadets; benefits 
"Except as provided in section 402(c) of title 37, aviation cadets 
^e stat. 470. 
or their beneficiaries are entitled to the same allowances, pensions, 
gratuities, and other benefits as are provided for enlisted members 
m pay grade E-4. 
While on active duty, an aviation cadet is entitled 
to uniforms, clothing, and equipment at the expense of the United 
States. 
"§373. Aviation cadets; appointment as Reserve officers 
"(a) An aviation cadet who fulfills the eligibility requirements of 
section 6023(b) of title 10 for designation as a naval aviator may be 
^"'^ ^t^t. 376. 
appointed an ensign in the Coast Guard Reserve and designated a 
Coast Guard aviator. 
"(b) Aviation cadets Avho complete their training at approximately 
the same time are considered for all purposes to have begun their 
commissioned service on the same date, and the decision of the Secre-
tary in this regard is conclusive." 
(21) Section 438 is amended by striking out "and section 438 of 
^°^ ^*^*- ^^s. 
this title,". 
(22) Section 654 is amended by inserting the following catchline 
^^ ^'at. 357. 
immediately after the section number: 
"Public and commercial vessels and other watercraft; sale of fuel, 
supplies, and services". 
(23) Subsection (b) of section 755 is amended to read as follows: 
^^ ^*^^- ^22. 
"(b) The provisions of chapter 13 of this title, except for section 511. 
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." 
(24) Section 771 is amended to read as follows: 
72 stat. 1543. 
"§771. Applicability of this subchapter 
"(a) This subchapter applies— 
"(1) only to the Coast Guard Reserve; 
"(2) equally to women members of the Reserve except where 
the context indicates otherwise. 
"(b) This subchapter does not apply to temporary members of 
the Coast Guard Reserve." 
(25) The analysis of chapter 11 is amended— 
i4 use211-438. 
(A) by striking out— 
•'334. Retiremerit in eases where higher grade has been held." 
and inserting in place thereof: 
"3:34. Grade on retirement." 
(B) by inserting the following new items: 
'•371. Aviation cadets; procurement; transfer. 
"372. Aviation cadets; benefits. 
"373. Aviation cadets; appointment as Reserve officers." 
(26) The analysis of chapter 13 is amended by striking out the 
following items: 
"462. Pay and allowances of rear admirals. 
"464. Allotment of pay. 
"465. Advance to officers ordered to and from sea or shore dnty beyond the seas. 
"466. Settlement of accounts of deceased officers and men. 
"474. Compensation for travel tolls and fares. 
"504. Disposition of remains of personnel. 
"505. Escorts for deceased officers and enlisted men. 
"•506. Issue of national flag free of cost." 
198 
PUBLIC LAW 89-445-JUNE 9, 1966 
[80 STAT. 
SEC. 2. Title 37, United States Code, is amended as follows: 
76 Stat. 477. 
(1) Subsection (e) of section 415 is amended by striking out "435" 
and inserting "214" m place thereof. 
(2) The second sentence of section 402(c) is amended by deleting 
"or'' between Air Force and Marine Corps in both places that it 
appears and by inserting ", or Coast Guard"' after "Marine Corps" in 
both places where the latter appears so that the sentence will read 
as follows: "An aviation cadet of the Navy, Air Force, Marine Corps, 
or Coast Guard is entitled to the same basic allowance for subsistence 
as is provided for an officer of the Navy, Air Force, Marine Corps, or 
Coast Guard, respectively." 
SEC. 3. Subsection (e) of section 5 of the Act of September 24, 1963 
1
4 use 211 note. (77 Stat. 193), Is amended by adding the following at the end thereof: 
"An officer of the Regular Coast Guard who was appointed as a, per-
manent commissioned officer under any provision of law in effect prior 
to the effective date of this Act and who is serving on active duty shall 
be considered to have been appointed under section 211 of title 14, 
LTnited States Code, and subject to the provisions thereof." 
SEC. 4. Section 202 of the Classification Act of 1949, as amended 
(5 U.S.C. 1082), is further amended by adding the following para-
graph : 
"(36) civilian members of the faculty of the Coast Guard 
Academy whose compensation is fixed under section 186 of title 
14, United States Code." 
Approved June 9, 1966. 
77 Stat. 177. 
63 Stat. 954; 
74 Stat. 912. 
74 Stat. 145. 
Public Law 89-445 
June 9, 1966 
AN ACT 
[H. R. 12264] 
rj,^ declare that 99.84 acres of Government-owned land acquired for Indian 
administrative purposes is held by the United States in trust for the Apache 
Tribe of the Mescalero Reservation. 
Be it enacted by the Senate and Home of Representatives 
of the 
Indians. 
United States of America in Congress assembled, That all of the right, 
Lands^in"truest, title, aiid iuterest of the United States in and to a tract of land situated 
in sections 27 and 28, township 13 south, range 12 east, New Mexico 
principal meridian, and improvements thereon, formerly used for 
Indian administrative purposes, are hereby declared to be held by the 
United States in trust for the Apache Tribe of the Mescalero Keserva-
tion. New Mexico, subject to valid existing rights, and subject to the 
right of the United States to use any of said land and improvements 
for governmental purposes for the benefit of the Indians. The land 
is within the Mescalero Reservation and is commonly known as small 
holding claim numbered 485, United States Land Office serial num-
bered Las Cruces 07366, containing approximately 99.84 acres. It is 
identified on supplemental plats of survey of sections 27 and 28, 
township 13 south, range 12 east. New Mexico principal meridian. 
New Mexico, accepted April 30,1936, as "Private Claim 485". 
SEC. 2. The Indian Claims Commission is directed to determine in 
accordance with the provisions of section 2 of the Act of August 13, 
25 use 70a. 
^940 (gQ g^^^ 1050), the extent to which the value of the title con-
veyed by this Act should or should not be set off against any claim 
against the LTnited States determined by the Commission. 
Approved June 9, 1966.