14 U.S.C. § 2769 — Remission of indebtedness

Page 183 TITLE 14—COAST GUARD § 2769 reenlistment bonuses, to enlisted members if en- titlement to the pay and allowances was delayed in vesting solely because of an administrative error or oversight. (Added Pub. L. 100–448, § 13(a), Sept. 28, 1988, 102 Stat. 1844, § 513; renumbered § 2765, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 513 of this title as this section. § 2766. Travel card management (a) IN GENERAL.—The Secretary may require that travel or transportation allowances due a civilian employee or military member of the Coast Guard be disbursed directly to the issuer of a Federal contractor-issued travel charge card, but only in an amount not to exceed the authorized travel expenses charged by that Coast Guard member to that travel charge card issued to that employee or member. (b) WITHHOLDING OF NONDISPUTED OBLIGA- TIONS.—The Secretary may also establish re- quirements similar to those established by the Secretary of Defense pursuant to section 2784a of title 10 for deduction or withholding of pay or retired pay from a Coast Guard employee, mem- ber, or retired member who is delinquent in pay- ment under the terms of the contract under which the card was issued and does not dispute the amount of the delinquency. (Added Pub. L. 108–293, title II, § 210(a), Aug. 9, 2004, 118 Stat. 1036, § 517; renumbered § 2766, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 517 of this title as this section. § 2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States In any case in which a covered beneficiary (as defined in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age, if— (1) the covered beneficiary is referred by a primary care physician to a specialty care pro- vider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides; or (2) the Coast Guard medical regional man- ager for the area in which such island is lo- cated determines that the covered beneficiary requires services of a primary care, specialty care, or dental provider and such a provider who is part of the network of providers of a TRICARE program (as that term is defined in section 1072(7) of title 10) does not practice on such island. (Added Pub. L. 111–281, title II, § 203(a), Oct. 15, 2010, 124 Stat. 2909, § 518; amended Pub. L. 115–232, div. C, title XXXV, § 3524, Aug. 13, 2018, 132 Stat. 2316; renumbered § 2767, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(39)(A), Jan. 1, 2021, 134 Stat. 4750.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘individuals’’ for ‘‘persons’’ in section catchline. 2018—Pub. L. 115–282 renumbered section 518 of this title as this section. Pub. L. 115–232 amended text of section generally. Prior to amendment, text read as follows: ‘‘In any case in which a covered beneficiary (as defined in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland and is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides, the Secretary shall reimburse the reasonable travel ex- penses of the covered beneficiary and, when accompani- ment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age.’’ § 2768. Annual audit of pay and allowances of members undergoing permanent change of station The Commandant shall conduct each calendar year an audit of member pay and allowances for the members who transferred to new units dur- ing such calendar year. The audit for a calendar year shall be completed by the end of the cal- endar year. (Added Pub. L. 114–120, title II, § 216(a)(1), Feb. 8, 2016, 130 Stat. 46, § 519; renumbered § 2768, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 519 of this title as this section. § 2769. Remission of indebtedness The Secretary may have remitted or cancelled any part of an individual’s indebtedness to the United States or any instrumentality of the United States if— (1) the indebtedness was incurred while the individual served as a member of the Coast Guard, whether as a regular or a reserve in ac- tive status; and (2) the Secretary determines that remitting or cancelling the indebtedness is in the best interest of the United States. (Aug. 4, 1949, ch. 393, 63 Stat. 530, § 461; Sept. 3, 1954, ch. 1263, § 33(b), 68 Stat. 1238; Pub. L. 87–526, Page 184 TITLE 14—COAST GUARD § 2770 § 1(1), July 10, 1962, 76 Stat. 141; Pub. L. 87–649, § 14d(7), Sept. 7, 1962, as added Pub. L. 89–718, § 73(a)(3), Nov. 2, 1966, 80 Stat. 1124; Pub. L. 89–718, § 73(c)(1), Nov. 2, 1966, 80 Stat. 1124; Pub. L. 90–83, § 2, Sept. 11, 1967, 81 Stat. 220; Pub. L. 94–546, § 1(29), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 114–120, title II, § 203(a), Feb. 8, 2016, 130 Stat. 34; Pub. L. 114–328, div. A, title VI, § 671(b)(4), Dec. 23, 2016, 130 Stat. 2173; renumbered § 2769, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(40), Jan. 1, 2021, 134 Stat. 4750.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., §§ 20a, 121 (May 18, 1920, ch. 190, § 8, 41 Stat. 603; June 10, 1922, ch. 212, 42 Stat. 625; July 3, 1926, ch. 742, § 10, 44 Stat. 817). Said section 121 was omitted from the 1940 and 1946 editions of the U.S. Code, but it has been held that the assimilation provision thereof is inoperative only inso- far as Congress has made specific legislative provision for the Coast Guard, and that benefits derived from leg- islation pertaining to the Navy previously conferred upon the Coast Guard, and not provided for in subse- quent legislation, survive to the Coast Guard under the assimilation statute. (See 27 Comp. Dec. 234; 22 Comp. Gen. 723; decision of June 9, 1947, B–63472; decision of April 2, 1948, B–70438; and decision of September 2, 1948, B–77295.) It seems desirable to retain this assimilation provi- sion as to pay in order to cover any failure to provide specifically for the Coast Guard in military pay legisla- tion. This section assimilates the pay of military per- sonnel of the Coast Guard to the pay of military per- sonnel of the Navy. It seems that this is the most fea- sible method of insuring that the pay of military per- sonnel of the Coast Guard will not vary from the pay of military personnel of the other armed forces. The as- similation is intended to include authorization for extra pay and allowances as provided for personnel of the Navy, for all types of special duty: for example, qualified divers on diving duty, military personnel as- signed to submarine duty, military personnel assigned to aviation duty, officers assigned as aides to flag offi- cers, and enlisted persons assigned to duty in the mess detail. Military pay acts are intended to include Coast Guard personnel specifically; this section would cover any failure to so provide for Coast Guard personnel in a pay act. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 8505(a)(40)(A), substituted ‘‘an individual’s’’ for ‘‘a person’s’’ in introductory provi- sions. Par. (1). Pub. L. 116–283, § 8505(a)(40)(B), substituted ‘‘individual’’ for ‘‘person’’. 2018—Pub. L. 115–282 renumbered section 461 of this title as this section. 2016—Pub. L. 114–120 amended section generally. Prior to amendment, text read as follows: ‘‘If he considers it in the best interest of the United States, the Secretary may have remitted or canceled any part of an enlisted member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before or at the time of, that member’s honorable discharge.’’ Par. (1). Pub. L. 114–328 substituted ‘‘as a member of the Coast Guard, whether as a regular or a reserve in active status’’ for ‘‘on active duty as a member of the Coast Guard’’. 1976—Pub. L. 94–546 substituted ‘‘Secretary’’ for ‘‘Sec- retary of the Treasury’’. 1967—Pub. L. 90–83 corrected section 73(a)(3) of Pub. L. 89–718 to change the designation of sections repealed under Pub. L. 87–649 from sections 471(a) and (b) of Title 14 to sections 461(a) and (b) of Title 14. See 1966 Amend- ment note below. 1966—Pub. L. 89–718, § 73(a)(3), amended section 14d of Pub. L. 87–649, which contained in cls. (1) to (6) list of sections of Title 14 repealed by Pub. L. 87–649, by in- serting ‘‘(7) Section 471(a) and (b).’’ However, for pur- poses of codification, the repeal has been executed to former subsecs. (a) and (b) of this section, which pro- vided respectively for the awarding of the same pay and allowances as prescribed for corresponding ranks, grades, or ratings for personnel of the Navy and for the withholding of pay of officers on account of indebted- ness to the United States, since this appears to have been the intent of Congress. Pub. L. 89–718, § 73(c)(1), struck out references to pay and allowances and pay of officers indebted to the United States from section catchline and struck out letter designation ‘‘(c)’’ from beginning of former sub- sec. (c), leaving text of former subsec. (c) as consti- tuting entire text of section. 1962—Pub. L. 87–526, § 1(1)(A), amended section catch- line to provide for remission of indebtedness of enlisted members. Subsec. (c). Pub. L. 87–526, § 1(1)(B), added subsec. (c). 1954—Act Sept. 3, 1954 inserted ‘‘; pay of officers in- debted to United States’’ in section catchline, des- ignated existing provisions as subsec. (a), and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective Dec. 23, 2016, and applicable with respect to debt incurred on or after Oct. 7, 2001, see section 671(b)(5) of Pub. L. 114–328, set out as a note under section 7837 of Title 10, Armed Forces. EFFECTIVE DATE OF 1967 AMENDMENT Pub. L. 90–83, § 9(i), Sept. 11, 1967, 81 Stat. 222, pro- vided that: ‘‘Section 2 of this Act [correcting section 73(a)(3) of Pub. L. 89–718] is effective as of November 2, 1966, for all purposes.’’ § 2770. Special instruction at universities Coast Guard personnel may be assigned for special instruction at private or state colleges or universities, and their expenses, including tuition, books, laboratory equipment and fees, and school supplies, may be defrayed by the Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat. 531, § 470; renum- bered § 2770, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, ‘‘Pay and Al- lowances’’ and preceding years: ‘‘Not to exceed $32,200 for cost of instruction of officers at non-Federal insti- tutions, including books, laboratory equipment and fees, school supplies, and maintenance of students;’’ (June 19, 1948, ch. 558, 62 Stat. 562). The monetary limitation is removed. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 470 of this title as this section.