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33 U.S.C. § 3076 — Presentation of United States flag upon

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3076 — Presentation of United States flag upon

Page 943 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3076 (2) The Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.]. (3) Section 410 of title 42, as in effect before September 1, 1950. (b) Exercise of authority In the administration of the laws and regula- tions referred to in subsection (a), with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce. (Pub. L. 107–372, title II, § 262, Dec. 19, 2002, 116 Stat. 3092; Pub. L. 108–189, § 2(g), Dec. 19, 2003, 117 Stat. 2866.) Editorial Notes REFERENCES IN TEXT The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified principally to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 857 and 857–3(a) of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2003—Subsec. (a)(2). Pub. L. 108–189 amended par. (2) generally substituting ‘‘The Servicemembers Civil Re- lief Act’’ for ‘‘The Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.)’’. § 3073. Medical and dental care The Secretary may provide medical and dental care, including care in private facilities, for per- sonnel of the Administration entitled to that care by law or regulation. (Pub. L. 107–372, title II, § 263, Dec. 19, 2002, 116 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 857–3(b) of this title prior to repeal by Pub. L. 107–372.

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Source location: USCODE-2024-title33-chap43-subchapV-sec3076.pdf

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Page 943 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3076 (2) The Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.]. (3) Section 410 of title 42, as in effect before September 1, 1950. (b) Exercise of authority In the administration of the laws and regula- tions referred to in subsection (a), with respect to the Administration, the authority vested in the Secretary of Defense and the Secretaries of the military departments and their respective departments shall be exercised by the Secretary of Commerce. (Pub. L. 107–372, title II, § 262, Dec. 19, 2002, 116 Stat. 3092; Pub. L. 108–189, § 2(g), Dec. 19, 2003, 117 Stat. 2866.) Editorial Notes REFERENCES IN TEXT The Servicemembers Civil Relief Act, referred to in subsec. (a)(2), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified principally to chapter 50 (§ 3901 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 857 and 857–3(a) of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2003—Subsec. (a)(2). Pub. L. 108–189 amended par. (2) generally substituting ‘‘The Servicemembers Civil Re- lief Act’’ for ‘‘The Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.)’’. § 3073. Medical and dental care The Secretary may provide medical and dental care, including care in private facilities, for per- sonnel of the Administration entitled to that care by law or regulation. (Pub. L. 107–372, title II, § 263, Dec. 19, 2002, 116 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 857–3(b) of this title prior to repeal by Pub. L. 107–372. § 3074. Commissary privileges (a) Extension of privilege Commissioned officers, ships’ officers, and members of crews of vessels of the Administra- tion shall be permitted to purchase commissary and quartermaster supplies as far as available from the Armed Forces at the prices charged of- ficers and enlisted members of the Armed Forces. (b) Sales of rations, stores, uniforms, and related equipment The Secretary may purchase ration supplies for messes, stores, uniforms, accouterments, and related equipment for sale aboard ship and shore stations of the Administration to members of the uniformed services and to personnel as- signed to such ships or shore stations. Sales shall be in accordance with regulations pre- scribed by the Secretary, and proceeds there- from shall, as far as is practicable, fully reim- burse the appropriations charged without regard to fiscal year. (c) Surviving spouses’ rights Rights extended to members of the uniformed services in this section are extended to their surviving spouses and to such others as are des- ignated by the Secretary concerned. (Pub. L. 107–372, title II, § 264, Dec. 19, 2002, 116 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 857–4 of this title prior to repeal by Pub. L. 107–372. § 3075. Authority to use appropriated funds for transportation and reimbursement of certain items (a) Transportation of effects of deceased officers In the case of an officer who dies on active duty, the Secretary may provide, from appro- priations made available to the Administration, transportation (including packing, unpacking, crating, and uncrating) of personal and house- hold effects of that officer to the official resi- dence of record of that officer. However, upon application by the dependents of such an officer, such transportation may be provided to such other location as may be determined by the Sec- retary. (b) Reimbursement for supplies furnished by of- ficers to distressed and shipwrecked persons Under regulations prescribed by the Secretary, appropriations made available to the Adminis- tration may be used to reimburse an officer for food, clothing, medicines, and other supplies fur- nished by the officer— (1) for the temporary relief of distressed per- sons in remote localities; or (2) to shipwrecked persons who are tempo- rarily provided for by the officer. (Pub. L. 107–372, title II, § 265, Dec. 19, 2002, 116 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 874 of this title prior to repeal by Pub. L. 107–372. § 3076. Presentation of United States flag upon retirement (a) Presentation of flag upon retirement Upon the release of a commissioned officer from active commissioned service for retire- ment, the Secretary shall present a United States flag to the officer. (b) Multiple presentations not authorized An officer is not eligible for presentation of a flag under subsection (a) if the officer has pre- viously been presented a flag under this section or any other provision of law providing for the Page 944 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3077 presentation of a United States flag incident to release from active service for retirement. (c) No cost to recipient The presentation of a flag under this section shall be at no cost to the recipient. (Pub. L. 107–372, title II, § 266, Dec. 19, 2002, 116 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853v of this title prior to repeal by Pub. L. 107–372. § 3077. Education loan repayment program (a) Authority to repay education loans For the purpose of maintaining adequate num- bers of officers of the commissioned officer corps of the Administration on active duty who have skills required by the commissioned officer corps, the Secretary may repay, in the case of a person described in subsection (b), a loan that— (1) was used by the person to finance edu- cation; and (2) was obtained from a governmental enti- ty, private financial institution, educational institution, or other authorized entity. (b) Eligible persons To be eligible to obtain a loan repayment under this section, a person must— (1) satisfy one of the requirements specified in subsection (c); (2) be fully qualified for, or hold, an appoint- ment as a commissioned officer in the com- missioned officer corps of the Administration; and (3) sign a written agreement to serve on ac- tive duty, or, if on active duty, to remain on active duty for a period in addition to any other incurred active duty obligation. (c) Academic and professional requirements One of the following academic requirements must be satisfied for purposes of determining the eligibility of an individual for a loan repay- ment under this section: (1) The person is fully qualified in a profes- sion that the Secretary has determined to be necessary to meet identified skill shortages in the commissioned officer corps of the Admin- istration. (2) The person is enrolled as a full-time stu- dent in the final year of a course of study at an accredited educational institution (as de- termined by the Secretary of Education) lead- ing to a degree in a profession that will meet identified skill shortages in the commissioned officer corps of the Administration. (d) Loan repayments (1) In general Subject to the limits established under para- graph (2), a loan repayment under this section may consist of the payment of the principal, interest, and related expenses of a loan ob- tained by a person described in subsection (b). (2) Limitation on amount For each year of obligated service that a person agrees to serve in an agreement de- scribed in subsection (b)(3), the Secretary may pay not more than the amount specified in section 2173(e)(2) of title 10. (e) Active duty service obligation (1) In general A person entering into an agreement de- scribed in subsection (b)(3) incurs an active duty service obligation. (2) Length of obligation determined under reg- ulations (A) In general Except as provided in subparagraph (B), the length of the obligation under paragraph (1) shall be determined under regulations prescribed by the Secretary. (B) Minimum obligation The regulations prescribed under subpara- graph (A) may not provide for a period of ob- ligation of less than one year for each max- imum annual amount, or portion thereof, paid on behalf of the person for qualified loans. (3) Persons on active duty before entering into agreement The active duty service obligation of persons on active duty before entering into the agree- ment shall be served after the conclusion of any other obligation incurred under the agree- ment. (4) Concurrent completion of service obliga- tions A service obligation under this section may be completed concurrently with a service obli- gation under section 3006 of this title. (f) Effect of failure to complete obligation (1) Alternative obligations An officer who is relieved of the officer’s ac- tive duty obligation under this section before the completion of that obligation may be given any alternative obligation, at the discre- tion of the Secretary. (2) Repayment An officer who does not complete the period of active duty specified in the agreement en- tered into under subsection (b)(3), or the alter- native obligation imposed under paragraph (1), shall be subject to the repayment provisions under section 3006 of this title. (g) Rulemaking The Secretary shall prescribe regulations to carry out this section, including— (1) standards for qualified loans and author- ized payees; and (2) other terms and conditions for the mak- ing of loan repayments. (Pub. L. 107–372, title II, § 267, as added Pub. L. 116–259, title II, § 201(a), Dec. 23, 2020, 134 Stat. 1160.) § 3078. Interest payment program (a) Authority The Secretary may pay the interest and any special allowances that accrue on one or more student loans of an eligible officer, in accord- ance with this section.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 3076 — Presentation of United States flag upon retirement

**(a) Presentation of flag upon retirement** Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer. **(b) Multiple presentations not authorized** An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. **(c) No cost to recipient** The presentation of a flag under this section shall be at no cost to the recipient.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Private right of action

**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action— (1) obtain any appropriate equitable or declaratory relief with respect to the violation; (2) recover all other appropriate relief, including monetary damages; and (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. **(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Short title

Page 986 TITLE 50—WAR AND NATIONAL DEFENSE § 3901 Sec. 4024. Health insurance reinstatement. 4025. Guarantee of residency for military personnel and spouses of military personnel. 4025a. Portability of professional licenses of servicemembers and their spouses. 4026. Business or trade obligations. 4027. Guarantee of residency for spouses of servicemembers. SUBCHAPTER VIII—CIVIL LIABILITY 4041. Enforcement by the Attorney General. 4042. Private right of action. 4043. Preservation of remedies. Editorial Notes CODIFICATION The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L. 92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L. 107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act Oct. 17, 1940, are shown herein, however, as having been added by Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835, without reference to the intervening amendments list- ed above because of the extensive revision of act Oct. 17, 1940, by Pub. L. 108–189. Act Oct. 17, 1940, ch. 888, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835, comprising this chapter, was formerly set out

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3901

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