10 U.S.C. § 8271 — Settlement of accounts: remission or can-

Page 3211 TITLE 10—ARMED FORCES § 8271 TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8267. Uniform: sale to former members of the naval service (a) Under such regulations as the Secretary of the Navy prescribes, exterior articles of uniform may be sold to a person who has been discharged from the naval service honorably or under hon- orable conditions. This section does not modify section 772 or 773 of this title. (b) Money received from sales under this sec- tion shall be covered into the Treasury to the credit of the appropriation out of which the arti- cles were purchased. (Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6156; re- numbered § 8267, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6156 ......... 34 U.S.C. 608. Feb. 14, 1927, ch. 134, 44 Stat. 1096. The word ‘‘person’’ is substituted for the words ‘‘former members of the naval service’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6156 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8270. Pension to persons serving ten years (a) Every disabled person who has served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid. (b) Upon receipt of an application under sub- section (a), the Secretary of the Navy may con- vene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to rec- ommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy ap- proves the recommendation, he shall so certify to the Secretary of Veterans Affairs, who shall pay a pension in such amount monthly to the applicant. (c) No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s disability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensa- tion payable for total disability to a veteran of any war, or of peacetime service, as the case may be. In the case of any initial award of naval pension granted before July 14, 1943, where the person granted the naval pension is also entitled to pension or compensation under laws adminis- tered by the Secretary of Veterans Affairs, such naval pension shall not exceed one-fourth of such pension or compensation. (Added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, § 6160; amended Pub. L. 85–857, § 13(v)(4), Sept. 2, 1958, 72 Stat. 1268; Pub. L. 99–145, title XIII, § 1301(c)(1), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101–510, div. A, title XIV, § 1484(j)(4), Nov. 5, 1990, 104 Stat. 1719; renumbered § 8270, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6160 of this title as this section. 1990—Subsec. (c). Pub. L. 101–510 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. 1989—Subsec. (b). Pub. L. 101–189 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘enlisted member’’ for ‘‘enlisted man’’. 1958—Pub. L. 85–857 limited naval pensions granted before July 14, 1943 to not more than one-fourth of any pension or compensation which the person is entitled to receive under laws administered by the Veterans’ Administration. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–857, § 13(v)(4), Sept. 2, 1958, 72 Stat. 1268, provided that the amendment made by that section is effective as of Jan. 1, 1958. EFFECTIVE DATE Section effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56. § 8271. Settlement of accounts: remission or can- cellation of indebtedness of members (a) IN GENERAL.—The Secretary of the Navy may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States in- curred while the person was serving as a mem- ber of the naval service, whether as a regular or a reserve in active status, but only if the Sec- retary considers such action to be in the best in- terest of the United States. (b) RETROACTIVE APPLICABILITY TO CERTAIN DEBTS.—The authority in subsection (a) may be Page 3212 TITLE 10—ARMED FORCES § 8281 exercised with respect to any debt covered by that subsection that is incurred on or after Oc- tober 7, 2001. (c) REGULATIONS.—This section shall be admin- istered under regulations prescribed by the Sec- retary of Defense. (Added Pub. L. 86–511, § 1(a), June 11, 1960, 74 Stat. 207, § 6161; amended Pub. L. 109–163, div. A, title VI, § 683(b)(1), Jan. 6, 2006, 119 Stat. 3322; Pub. L. 109–364, div. A, title VI, § 673(b)(1), (2), (e)(2), Oct. 17, 2006, 120 Stat. 2271, 2272; Pub. L. 110–181, div. A, title X, § 1063(c)(7)(B), Jan. 28, 2008, 122 Stat. 323; Pub. L. 114–328, div. A, title VI, § 671(b)(2), Dec. 23, 2016, 130 Stat. 2173; renum- bered § 8271, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6161 of this title as this section. 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘as a member of the naval service, whether as a regular or a reserve in active status’’ for ‘‘on active duty as a mem- ber of the naval service’’. 2008—Subsec. (a). Pub. L. 110–181 made technical cor- rection to directory language of Pub. L. 109–364, § 673(b)(1). See 2006 Amendment note below. 2006—Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘If he considers it in the best interest of the United States, the Secretary of the Navy may have re- mitted or canceled any part of an enlisted member’s in- debtedness to the United States or any of its instru- mentalities remaining unpaid before, or at the time of that member’s honorable discharge.’’ Subsec. (a). Pub. L. 109–364, § 673(e)(2), substituted ‘‘The Secretary of the Navy’’ for ‘‘If the Secretary of the Navy considers it to be in the best interest of the United States, the Secretary’’ and inserted ‘‘, but only if the Secretary considers such action to be in the best interest of the United States’’ before period at end. Pub. L. 109–364, § 673(b)(1), as amended by Pub. L. 110–181, substituted ‘‘of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a mem- ber of the naval service’’ for ‘‘of a member of the Navy on active duty, or a member of a reserve component of the Navy in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty’’. Subsecs. (b) to (d). Pub. L. 109–364, § 673(b)(2), redesig- nated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The Secretary of the Navy may exercise the authority in subsection (a) with respect to a member— ‘‘(1) while the member is on active duty or in active status, as the case may be; ‘‘(2) if discharged from the armed forces under hon- orable conditions, during the one-year period begin- ning on the date of such discharge; or ‘‘(3) if released from active status in a reserve com- ponent, during the one-year period beginning on the date of such release.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. 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 this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(7)(B) is effective as of Oct. 17, 2006, and as if included in the John Warner National Defense Au- thorization Act for Fiscal Year 2007, Pub. L. 109–364, as enacted. TERMINATION DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VI, § 683(b)(3), Jan. 6, 2006, 119 Stat. 3323, which provided for termination of amendments by Pub. L. 109–163, § 683(b), amending this section and the analysis to this chapter, on Dec. 31, 2007, and restoration of provisions as in effect on the day before Jan. 6, 2006, was repealed by Pub. L. 109–364, div. A, title VI, § 673(b)(3), Oct. 17, 2006, 120 Stat. 2271. REGULATIONS Secretary of Defense to prescribe regulations re- quired for purposes of this section, as amended by Pub. L. 109–364, not later than Mar. 1, 2007, see section 673(d) of Pub. L. 109–364, set out as a note under section 7837 of this title. CHAPTER 833—HOSPITALIZATION AND MEDICAL CARE Sec. 8281. Members of the naval service in other United States hospitals. 8282. Insane members of the naval service. 8283. Emergency medical treatment: reimburse- ment for expense. Editorial Notes PRIOR PROVISIONS A prior chapter 833, consisting of sections 8251 to 8263, related to enlistments, prior to renumbering as chapter 913 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 563 of this title as this chapter and items 6201 to 6203 as 8281 to 8283, respectively. § 8281. Members of the naval service in other United States hospitals (a) When appropriate naval hospital facilities are unavailable, the Secretary of the Navy may provide for the care and treatment of members of the naval service, entitled to treatment in naval hospitals, in other United States hos- pitals, if the agencies controlling the other hos- pitals consent. Expenses incident to such care and treatment are chargeable to the same ap- propriation as would be chargeable for care and treatment in a naval hospital. (b) The deduction authorized by section 4812 of the Revised Statutes (24 U.S.C. 16) shall be made from accounts of members hospitalized under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6201; Pub. L. 85–861, § 36B(19), Sept. 2, 1958, 72 Stat. 1571; Pub. L. 96–513, title V, § 513(14), Dec. 12, 1980, 94 Stat. 2932; renumbered § 8281, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1832, 1835.)