14 U.S.C. § 506 — Prospective payment of funds necessary to

Page 45 TITLE 14—COAST GUARD § 506 reporting to the General Services Administration that a lighthouse or light station eligible for listing under the National Historic Preservation Act of 1966 ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.] and under the jurisdiction of the Coast Guard is excess to the needs of the Coast Guard, the Commandant of the Coast Guard shall notify the State in which the light- house or light station is located, (including the State Historic Preservation Officer, if any) the appropriate political subdivision of that State, and any lighthouse, historic, or maritime preservation organizations in that State, that such property is excess to the needs of the Coast Guard.’’ § 505. Functions and powers vested in the Com- mandant All powers and functions conferred upon the Coast Guard, or the Commandant, by or pursu- ant to this title or any other law shall, unless otherwise specifically stated, be executed by the Commandant subject to the general supervision of the Secretary. In order to execute the powers and functions vested in him, the Commandant may assign personnel of the Coast Guard to duty in the District of Columbia, elsewhere in the United States, in any territory of the United States, and in any foreign country, but such per- sonnel shall not be assigned to duties in any for- eign country without the consent of the govern- ment of that country; assign to such personnel such duties and authority as he deems nec- essary; and issue rules, orders, and instructions, not inconsistent with law, relating to the orga- nization, internal administration, and personnel of the Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632; renum- bered § 505, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.) HISTORICAL AND REVISION NOTES Based on title 5, U.S.C., 1946 ed., § 41, and on title 14, U.S.C., 1946 ed. §§ 22, 58, 91, 99, 103 (R.S. 2749; June 18, 1878, ch. 265, §§ 7, 8, 22 Stat. 164; May 4, 1882, ch. 117, § 5, 22 Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 10, 1921, ch. 18, § 304, 42 Stat. 23; July 3, 1926, ch. 742, § 9, 44 Stat. 817). Said section 91 has been divided. That part dealing with investigation of plans and inventions is covered in section 93(d) of this title. The remainder is covered in general terms. It has been rewritten in broad terms, making clear that the Commandant is granted the nec- essary authority to administer the Coast Guard under the Secretary, including authority to issue rules, or- ders, and instructions. This section is primarily a consolidation of existing functions rather than a codification of existing laws. It does not, for the most part, grant new authority to the Coast Guard as an organization. It merely clarifies the method by which Coast Guard functions shall be ad- ministered. Under existing statutes, functions relating to the Coast Guard have been conferred upon the Presi- dent, the Secretary of the Treasury, and the Com- mandant, and sometimes upon the Secretary of the Treasury in times of peace and the Secretary of the Navy in times of war. This revision confers some func- tions directly upon the Coast Guard, and this section provides for the execution of those functions by the Commandant, the military head of the organization, thereby making for consistency and uniformity. The functions are to be executed ‘‘subject to the general su- pervision of the Secretary’’. Title 14, U.S.C., 1946 ed., § 91 now grants authority to the Commandant to pre- scribe regulations; this is changed to the issuance of rules, orders, and instructions as the promulgation of regulations in a military organization is properly a function of the Secretary. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 505 was renumbered section 2734 of this title. Another prior section 505, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to escorts to the place of burial for the bodies of deceased Coast Guard personnel, prior to repeal by act July 15, 1954, ch. 507, § 14(c)(5), 68 Stat. 481. For provisions relating to recovery, care, and disposi- tion of the remains of deceased personnel of the uni- formed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 632 of this title as this section. § 506. Prospective payment of funds necessary to provide medical care (a) PROSPECTIVE PAYMENT REQUIRED.—In lieu of the reimbursement required under section 1085 of title 10, the Secretary of Homeland Secu- rity shall make a prospective payment to the Secretary of Defense of an amount that rep- resents the actuarial valuation of treatment or care— (1) that the Department of Defense shall pro- vide to members of the Coast Guard, former members of the Coast Guard, and dependents of such members and former members (other than former members and dependents of former members who are a Medicare-eligible beneficiary or for whom the payment for treatment or care is made from the Medicare- Eligible Retiree Health Care Fund as estab- lished under chapter 56 of title 10) at facilities under the jurisdiction of the Department of Defense or a military department; and (2) for which a reimbursement would other- wise be made under section 1085. (b) AMOUNT.—The amount of the prospective payment under subsection (a) shall be— (1) in the case of treatment or care to be pro- vided to members of the Coast Guard and their dependents, derived from amounts appro- priated for the operations and support of the Coast Guard; (2) in the case of treatment or care to be pro- vided former members of the Coast Guard and their dependents, derived from amounts appro- priated for retired pay; (3) determined under procedures established by the Secretary of Defense; (4) paid during the fiscal year in which treat- ment or care is provided; and (5) subject to adjustment or reconciliation as the Secretaries determine appropriate dur- ing or promptly after such fiscal year in cases in which the prospective payment is deter- mined excessive or insufficient based on the services actually provided. (c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN NAVY.—No prospective payment shall be made under this section for any period during which the Coast Guard operates as a service in the Navy. (d) RELATIONSHIP TO TRICARE.—This section shall not be construed to require a payment for, Page 46 TITLE 14—COAST GUARD § 507 or the prospective payment of an amount that represents the value of, treatment or care pro- vided under any TRICARE program. (Added Pub. L. 114–328, div. A, title VII, § 722(a), Dec. 23, 2016, 130 Stat. 2228, § 520; renumbered § 506, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(a)(1), Jan. 1, 2021, 134 Stat. 4760.) Editorial Notes PRIOR PROVISIONS A prior section 506, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to the issue of the national flag to be used for draping the coffin of any deceased member of the Coast Guard, prior to repeal by act July 15, 1954, ch. 507, § 14(c)(5), 68 Stat. 481. For provisions relating to recov- ery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civil- ian personnel, see section 1481 of Title 10, Armed Forces. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283, § 8513(a)(1)(A), in- serted ‘‘as established under chapter 56 of title 10’’ after ‘‘Medicare-Eligible Retiree Health Care Fund’’. Subsec. (b)(1). Pub. L. 116–283, § 8513(a)(1)(B), sub- stituted ‘‘operations and support’’ for ‘‘operating ex- penses’’. 2018—Pub. L. 115–282 renumbered section 520 of this title as this section. § 507. Appointment of judges The Secretary may appoint civilian employees of the department in which the Coast Guard is operating as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 10. (Added Pub. L. 111–281, title II, § 201(a), Oct. 15, 2010, 124 Stat. 2909, § 153; renumbered § 507, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.) Editorial Notes PRIOR PROVISIONS A prior section 507 was renumbered section 2710 of this title. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 153 of this title as this section. § 508. Coast Guard health-care professionals; li- censure portability (a) IN GENERAL.—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health- care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, re- gardless of where such health-care professional or the patient is located, if the practice is with- in the scope of the authorized Federal duties of such health-care professional. (b) DESCRIBED INDIVIDUALS.—A health-care professional described in this subsection is an individual— (1) who is— (A) a member of the Coast Guard; (B) a civilian employee of the Coast Guard; (C) a member of the Public Health Service who is assigned to the Coast Guard; or (D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and (2) who— (A) has a current license to practice medi- cine, osteopathic medicine, dentistry, or an- other health profession; and (B) is performing authorized duties for the Coast Guard. (c) DEFINITIONS.—In this section, the terms ‘‘license’’ and ‘‘health-care professional’’ have the meanings given those terms in section 1094(e) of title 10. (Added Pub. L. 115–282, title III, § 305(a), Dec. 4, 2018, 132 Stat. 4245.) Editorial Notes PRIOR PROVISIONS A prior section 508 was renumbered section 2711 of this title. § 509. Space-available travel on Coast Guard air- craft (a) ESTABLISHMENT.— (1) IN GENERAL.—The Commandant may es- tablish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals de- scribed in subsection (c) (in this section re- ferred to as the ‘‘program’’). (2) POLICY DEVELOPMENT.—Not later than 1 year after the date on which the program is es- tablished, the Commandant shall develop a policy for the operation of the program. (b) OPERATION OF PROGRAM.— (1) IN GENERAL.—The Commandant shall op- erate the program in a budget-neutral manner. (2) LIMITATIONS.— (A) IN GENERAL.—Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program. (B) DE MINIMIS EXPENDITURES.—The Com- mandant may make de minimis expenditures of resources required for the administrative aspects of the program. (3) REIMBURSEMENT NOT REQUIRED.—Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section. (c) CATEGORIES OF ELIGIBLE INDIVIDUALS.—Sub- ject to subsection (d), the categories of eligible individuals described in this subsection are the following: (1) Members of the armed forces on active duty. (2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card. (3) Retired members of a regular or reserve component of the armed forces, including re-