CHAPTER 27—PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS

        

SUBCHAPTER II—AWARDS

        

SUBCHAPTER III—PAYMENTS

        

Editorial Notes

Prior Provisions

A prior analysis for part III of this title "COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS" preceded prior section 2701 and consisted of items for chapter 27 "Authorizations" beginning with section 2701 and chapter 29 "Reports" beginning with section 2901, prior to repeal by Pub. L. 115–282, title I, §115, Dec. 4, 2018, 132 Stat. 4225.

A prior analysis for chapter 27 "AUTHORIZATIONS" consisted of items 2701 "Requirement for prior authorization of appropriations", 2702 "Authorization of appropriations", 2703 "Authorization of personnel end strengths", and 2704 "Authorized levels of military strength and training", prior to repeal by Pub. L. 115–282, title I, §116(a), Dec. 4, 2018, 132 Stat. 4225.

Amendments

2022—Pub. L. 117–263, div. K, title CXII, §11239(b), Dec. 23, 2022, 136 Stat. 4039, added item 2772 and struck out former item 2772 "Education loan repayment program".

2021—Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8206(b), title LVXXXV [LXXXV], §8505(a)(38)(B), (39)(B), (45)(B), Jan. 1, 2021, 134 Stat. 4649, 4750, added items 2713, 2761, 2767, and 2777, and struck out former items 2761 "Persons discharged as result of court-martial; allowances to", 2767 "Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States", and 2777 "Clothing for destitute shipwrecked persons". Item 2713 was added to the analysis for this chapter to reflect the probable intent of Congress, notwithstanding directory language adding that item "at the end" of the analysis for subchapter I of this chapter.

2018—Pub. L. 115–282, title I, §116(a), title III, §316, Dec. 4, 2018, 132 Stat. 4225, 4250, inserted chapter 27 designation and heading, added items 2701 to 2779, and struck out item 2705 "Clothing at time of discharge for good of service".

SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §116(c)(1), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter I designation and heading.

§2701. Procurement of personnel

The Coast Guard may expend operations and support funds for recruiting activities, including advertising and entertainment, to—

(1) obtain recruits for the Service and cadet applicants; and

(2) gain support of recruiting objectives from those who may assist in the recruiting effort.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §468; Pub. L. 104–324, title II, §206(b), Oct. 19, 1996, 110 Stat. 3908; renumbered §2701, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(a)(4), Jan. 1, 2021, 134 Stat. 4760.)

Historical and Revision Notes

Based on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "expenses of recruiting for the Coast Guard; advertising for and obtaining enlisted personnel and applicants for appointment as cadets;" (June 19, 1948, ch. 558, 62 Stat. 562).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 2701 was renumbered section 4901 of this title.

Amendments

2021—Pub. L. 116–283, in introductory provisions, substituted "operations and support" for "operating expense" and struck out "but not limited to" after "including" and "in order" after "entertainment,".

2018—Pub. L. 115–282 renumbered section 468 of this title as this section.

1996—Pub. L. 104–324 amended text generally. Prior to amendment, text read as follows: "The Coast Guard may make expenditures as necessary in order to obtain recruits for the service and cadet applicants, including advertising."

§2702. Training

The Coast Guard may make expenditures for the training of personnel, including books, school supplies, correspondence courses, motion picture equipment, and other equipment for instructional purposes.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §469; renumbered §2702, 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 Allowances" and preceding years: "motion picture and other equipment for instructional purposes; . . . training of enlisted personnel, including textbooks, school supplies, and correspondence courses;" (June 19, 1948, 62 Stat. 562).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 2702 was renumbered section 4902 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 469 of this title as this section.

§2703. Contingent expenses

The Commandant may expend for contingencies of the Coast Guard a sum not to exceed $50,000 in any one fiscal year.

(Aug. 4, 1949, ch. 393, 63 Stat. 532, §476; Pub. L. 108–293, title II, §219, Aug. 9, 2004, 118 Stat. 1039; renumbered §2703, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §15k (Apr. 20, 1939, ch. 75, 53 Stat. 582).

The limitation on the amount for such contingencies is increased, and the amount is made available to the Commandant rather than solely to the Superintendent of the Academy as now prescribed by law. The authorization is to cover expenditures incident to the offices of the Commandant and the Superintendent of the Academy. The intent is that the amount authorized will be administered in a manner similar to that now employed by the Superintendent of the Academy under the authority of 14 U.S.C., §15k. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 2703 was renumbered section 4903 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 476 of this title as this section.

2004—Pub. L. 108–293 substituted "$50,000" for "$7,500" and struck out at end "The Commandant may authorize the Superintendent of the Academy to expend not to exceed $2,500 of this amount for contingencies of the Academy."

§2704. Equipment to prevent accidents

The Coast Guard may make such expenditures as are deemed appropriate for promotion and maintenance of the safety and occupational health of, and the prevention of accidents affecting, personnel of the Coast Guard, including the purchase of clothing, equipment, and other materials necessary thereto.

(Aug. 4, 1949, ch. 393, 63 Stat. 532, §477; renumbered §2704, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Derived from title 5, U.S.C., 1946, ed., §118g (Aug. 2, 1946, ch. 744, §13, 60 Stat. 809).

Because of the wide variety of tasks assigned to Coast Guard personnel it is deemed advisable to broaden this authority to the more general language as rewritten, insofar as Coast Guard personnel are concerned, thus giving complete authority to protect their health.

Said section would in no way be affected.

Inasmuch as the act cited above applies to executive departments generally, it is not scheduled for repeal by this act. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 2704 was renumbered section 4904 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 477 of this title as this section.

Statutory Notes and Related Subsidiaries

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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Hypothermia Protective Clothing Requirement

Pub. L. 107–295, title IV, §410, Nov. 25, 2002, 116 Stat. 2118, provided that: "The Commandant of the Coast Guard shall ensure that all Coast Guard personnel are equipped with adequate safety equipment, including hypothermia protective clothing where appropriate, while performing search and rescue missions."

[§2705. Repealed. Pub. L. 115–282, title III, §316, Dec. 4, 2018, 132 Stat. 4250]

Section, Aug. 4, 1949, ch. 393, 63 Stat. 533, §482; Pub. L. 98–557, §15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865; renumbered §2705, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226, related to clothing at time of discharge for good of service.

§2706. Right to wear uniform

When authorized by and in accordance with applicable regulations:

(a) any member who has served honorably in the Coast Guard during war shall when not in active service, whether or not on the retired list, be entitled to bear the official title and upon occasions of ceremony to wear the uniform of the highest rank or rating held by him during his war service, and

(b) any member on the retired list shall be entitled to wear the uniform of his rank or rating.

(Aug. 4, 1949, ch. 393, 63 Stat. 533, §483; Pub. L. 98–557, §15(a)(3)(H), Oct. 30, 1984, 98 Stat. 2865; renumbered §2706, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Subsection (a) is based on title 14, U.S.C., 1946 ed., §167b–2 (June 21, 1930, ch. 563, §2, 46 Stat. 793).

Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 12 of this act to eliminate reference to the Coast Guard.

Subsection (b) is new to the Coast Guard, although it has been the practice for retired officers to wear the uniform when they so desire. Such authority is granted to retired officers of the Navy (see title 34, U.S.C., 1946 ed., §389).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 483 of this title as this section.

1984—Subsecs. (a), (b). Pub. L. 98–557 substituted reference to member for reference to commissioned officer, warrant officer, and enlisted man.

§2707. Protection of uniform

The provisions of law relating to the protection of the uniform of the United States Army, Navy, or Marine Corps shall apply to the protection of the uniform of the Coast Guard, in the same manner, to the same extent, and under the same conditions.

(Aug. 4, 1949, ch. 393, 63 Stat. 533, §484; renumbered §2707, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §39 (Aug. 29, 1916, ch. 418, §1, 39 Stat. 649).

The assimilation is made in general terms, rather than by reference to the applicable section in title 10, U.S.C., 1946 ed. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 484 of this title as this section.

§2708. Clothing for officers and enlisted personnel

(a) The Coast Guard may purchase uniforms, accouterments, and related equipment for sale to officer personnel and cadets of the Coast Guard.

(b) The Coast Guard may purchase uniform clothing for sale to enlisted personnel of the Coast Guard. The actual cost of the clothing thus sold to enlisted personnel may be withheld from their pay.

(Aug. 4, 1949, ch. 393, 63 Stat. 534, §485; Aug. 3, 1950, ch. 536, §33, 64 Stat. 408; Pub. L. 87–649, §14d(4), Sept. 7, 1962, 76 Stat. 502; renumbered §2708, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Subsection (a) is based on title 14, U.S.C., 1946 ed., §30 (Jan. 12, 1919, ch. 8, 40 Stat. 1054). Said section was changed to have application to the Coast Guard at all times, rather than when the Coast Guard is operating with the Navy.

Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 9 of this act to eliminate reference to the Coast Guard.

Subsection (b) is based on title 14, U.S.C., 1946, ed., §13, and on title 33, U.S.C., 1946 ed., §754 (July 1, 1898, ch. 346, §1, 30 Stat. 604; July 27, 1912, ch. 255, §2, 37 Stat. 239). Said section 13 was changed to have application to all enlisted personnel rather than to "crews of vessels in service" only. The provision of said section 754 which provided for the sale of clothing to civilian employees is eliminated as becoming obsolete.

Subsection (c) is new. Title 37, U.S.C., 1946 ed., §110 authorizes the payment of a cash allowance in case clothing is not furnished to enlisted persons of the Coast Guard. Clearly this presumes the authority to issue clothing to enlisted persons; this section makes the authority statutory. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 485 of this title as this section.

1962—Subsec. (c). Pub. L. 87–649 repealed subsec. (c) which permitted the Coast Guard to purchase uniform clothing for distribution to enlisted personnel or to pay such enlisted personnel a cash clothing allowance.

1950—Subsec. (c). Act Aug. 3, 1950, struck out "to" after "or".

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

§2709. Procurement and sale of stores to members and civilian employees

Such stores as the Secretary may designate may be procured and sold to members of the Coast Guard, and to the surviving spouses of such members. Such designated stores may also be procured and sold to civilian officers and employees of the United States, and to such other individuals as may be specifically authorized by the Secretary, at Coast Guard stations and other units beyond the continental limits of the United States or in Alaska.

(Aug. 4, 1949, ch. 393, 63 Stat. 534, §487; Pub. L. 98–557, §15(a)(2), (3)(D), (4)(D)(i), Oct. 30, 1984, 98 Stat. 2865, 2866; renumbered §2709, 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)(22), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

Derived from title 34, U.S.C., 1946 ed., §533 (Mar. 3, 1909, ch. 255, 35 Stat. 768; Apr. 14, 1937, ch. 78, 50 Stat. 63; June 10, 1939, ch. 196, 53 Stat. 814; Jan. 23, 1942, ch. 15, 56 Stat. 13; Apr. 9, 1943, ch. 39, 57 Stat. 60).

Said section granted authority for the Secretary of the Navy to sell designated stores to officers and enlisted men. It is deemed desirable to grant similar authority to the Secretary having control of the Coast Guard.

Said section would in no way be affected. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individuals" for "persons".

2018—Pub. L. 115–282 renumbered section 487 of this title as this section.

1984—Pub. L. 98–557 in section catchline substituted "members" for "officers, enlisted men," and in text substituted "surviving spouses" for "widows" and "members" for "officers and enlisted men" in two places.

§2710. Disposition of effects of decedents

All moneys, articles of value, papers, keepsakes, and other similar effects belonging to the deceased individuals in the Coast Guard, not claimed by their legal heirs or next of kin, shall be deposited in safe custody, and if any such moneys, articles of value, papers, keepsakes, or other similar effects so deposited have been, or shall hereafter be, unclaimed for a period of two years from the date of the death of such individual, such articles and effects shall be sold and the proceeds thereof, together with the moneys above mentioned, shall be deposited in the Treasury as miscellaneous receipts. The Secretary shall make diligent inquiry in every instance after the death of such individual to ascertain the whereabouts of his heirs or next of kin, and prescribe necessary regulations to carry out the foregoing provisions. Claims may be presented hereunder at any time within five years after such moneys or proceeds have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration.

(Aug. 4, 1949, ch. 393, 63 Stat. 538, §507; renumbered §2710, 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)(23), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

Derived from title 34, U.S.C., 1946 ed., §942 (Mar. 29, 1918, ch. 31, 40 Stat. 499).

Said section provided for the disposition of effects of deceased naval personnel. It is believed similar provisions should be made for Coast Guard personnel.

Said section would in no way be affected. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individuals" for "persons" and substituted "individual" for "person" in two places.

2018—Pub. L. 115–282 renumbered section 507 of this title as this section.

§2711. Deserters; payment of expenses incident to apprehension and delivery; penalties

(a) The Coast Guard may, pursuant to regulations prescribed by the Secretary, make such expenditures as are deemed necessary for the apprehension and delivery of deserters, stragglers, and prisoners.

(b) No individual who is convicted by court martial for desertion from the Coast Guard in time of war, and as the result of such conviction is dismissed or dishonorably discharged from the Coast Guard shall afterwards be enlisted, appointed, or commissioned in any military or naval service under the United States, unless the disability resulting from desertion, as established by this section is removed by a board of commissioned officers of the Coast Guard convened for consideration of the case, and the action of the Board is approved by the Secretary; or unless he is restored to duty in time of war.

(Added May 5, 1950, ch. 169, §16(a), 64 Stat. 148, §508; amended July 10, 1952, ch. 631, §2, 66 Stat. 540; renumbered §2711, 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)(24), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 508 of this title as this section.

1952—Subsec. (a). Act July 10, 1952, authorized reimbursement of necessary expenses to persons other than civil officers, and added stragglers and prisoners to class of offenders.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective May 31, 1951, see act May 5, 1950, ch. 169, §5, 64 Stat. 145.

§2712. Payment for the apprehension of stragglers

The Coast Guard may offer and pay rewards for the apprehension and delivery of deserters, stragglers, and prisoners.

(Aug. 4, 1949, ch. 393, 63 Stat. 547, §644; renumbered §2712, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §147 (May 26, 1906, ch. 2556, §5, 34 Stat. 200).

Said section has been divided. That part relating to rewards for the apprehension of deserters is placed in this section. That part relating to the acceptance of convicted deserters in the armed forces is placed in section 575 of this title. The first sentence of said section is eliminated inasmuch as it is believed that commanding officers in the Coast Guard are charged with the duty of apprehending deserters without special statutory authority therefor.

The limitation as to amount that could be offered is removed.

The provision concerning money due the deserter is eliminated. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 644 of this title as this section.

§2713. Employment assistance

(a) In General.—In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall—

(1) establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector; and

(2) make unclassified information regarding such information available to States and other potential employers referred to in section 1143(c) of title 10 so that States and other potential employers may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.

(b) Form of Certification or Verification.—The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.

(c) Requests by States.—A State may request that the Secretary confirm the accuracy and authenticity of a certification or verification of job skills and experience provided under section 1143(c) of title 10.

(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8206(a), Jan. 1, 2021, 134 Stat. 4649.)

SUBCHAPTER II—AWARDS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §116(c)(2), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter II designation and heading.

§2731. Delegation of powers to make awards; rules and regulations

The President may delegate to the Secretary, under such conditions, regulations, and limitations as he prescribes, the powers conferred upon him to make the awards designated in this chapter, and the President may make any and all rules, regulations, and orders which he deems necessary in the conferring of such awards.

(Aug. 4, 1949, ch. 393, 63 Stat. 536, §499; renumbered §2731, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

This section provides for the delegation of powers to make awards to the Secretary. The Navy statute provides for such delegation to force commanders (see title 34, U.S.C., 1946 ed., §364). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 499 of this title as this section.

§2732. Medal of honor

The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to an individual who, while a member of the Coast Guard, displays conspicuous gallantry and intrepidity at the risk of such individual's life above and beyond the call of duty—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force;

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Aug. 4, 1949, ch. 393, 63 Stat. 535, §491; Pub. L. 88–77, §4, July 25, 1963, 77 Stat. 95; renumbered §2732, 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)(25), 8506(c), Jan. 1, 2021, 134 Stat. 4749, 4752.)

Historical and Revision Notes

This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy.

The language is parallel to that found in title 34, U.S.C., 1946 ed., §354, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283, §8506(c), substituted "displays conspicuous" for "distinguishes himself conspicuously by" and "such individual's" for "his" in introductory provisions.

Pub. L. 116–283, §8505(a)(25), substituted "an individual" for "a person" in introductory provisions.

2018—Pub. L. 115–282 renumbered section 491 of this title as this section.

1963—Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons, while in the service of the Coast Guard, distinguished themselves in action involving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service by members of the Coast Guard while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and substituted the requirement that it be of appropriate design, with ribbons and appurtenances, for the requirement that the design be the same as that of the Navy medal of honor.

§2733. Medal of honor: duplicate medal

An individual awarded a medal of honor shall, upon written application of that individual, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary may determine, as a duplicate or for display purposes only.

(Added Pub. L. 107–107, div. A, title V, §553(d)(1)(A), Dec. 28, 2001, 115 Stat. 1116, §504; renumbered §2733, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(26), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "An individual" for "A person" and "that individual" for "that person".

2018—Pub. L. 115–282 renumbered section 504 of this title as this section.

§2734. Medal of honor: presentation of Medal of Honor Flag

The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each individual to whom a medal of honor is awarded under section 2732 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 2732 or 2743 of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the individual to whom the medal is presented.

(Added Pub. L. 107–248, title VIII, §8143(c)(4)(A), Oct. 23, 2002, 116 Stat. 1571, §505; amended Pub. L. 107–314, div. A, title X, §1062(b)(1), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, §555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered §2734 and amended Pub. L. 115–282, title I, §§116(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4226, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(27), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person" in two places.

2018—Pub. L. 115–282, §123(b)(2), substituted "section 2732" for "section 491" and "section 2732 or 2743" for "section 491 or 498".

Pub. L. 115–282, §116(b), renumbered section 505 of this title as this section.

2006—Pub. L. 109–364 struck out "after October 23, 2002" after "section 491 of this title" and inserted at end "In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented."

2002—Pub. L. 107–314 substituted "October 23, 2002" for "the date of the enactment of this section".

Statutory Notes and Related Subsidiaries

Presentation of Flag for Prior Recipients of Medal of Honor

President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of deceased recipients of the Medal of Honor upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 3755 of Title 10, Armed Forces.

§2735. Coast Guard cross

The President may award a Coast Guard cross of appropriate design, with ribbons and appurtenances, to an individual who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying the award of a medal of honor—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Added Pub. L. 111–281, title II, §224(a), Oct. 15, 2010, 124 Stat. 2921, §491a; renumbered §2735, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(28), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "an individual" for "a person" in introductory provisions.

2018—Pub. L. 115–282 renumbered section 491a of this title as this section.

§2736. Distinguished service medal

The President may present, but not in the name of Congress, a distinguished service medal of appropriate design, with accompanying ribbon, together with a rosette or other device, to be worn in lieu thereof, to any individual who, while serving in any capacity with the Coast Guard, performs exceptionally meritorious service to the Government in a duty of great responsibility.

(Aug. 4, 1949, ch. 393, 63 Stat. 535, §492; renumbered §2736, 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)(29), 8506(d), Jan. 1, 2021, 134 Stat. 4749, 4752.)

Historical and Revision Notes

This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy.

The language is parallel to that found in title 34, U.S.C., 1946 ed., §355, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person" and "performs" for "distinguishes himself by".

2018—Pub. L. 115–282 renumbered section 492 of this title as this section.

Executive Documents

Ex. Ord. No. 12824. Establishing the Homeland Security Distinguished Service Medal

Ex. Ord. No. 12824, Dec. 7, 1992, 57 F.R. 58121, as amended by Ex. Ord. No. 13286, §29, Feb. 28, 2003, 68 F.R. 10625; Ex. Ord. No. 13569, §1, Apr. 5, 2011, 76 F.R. 19891, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America and as Commander in Chief of the Armed Forces of the United States, it is ordered as follows:

Section 1. There is hereby established a Homeland Security Distinguished Service Medal, with accompanying ribbons and appurtenances, for award by the Secretary of Homeland Security to any member of the Armed Forces of the United States who has provided exceptionally meritorious service in a duty of great responsibility while assigned in the Department of Homeland Security, or in other activities under the responsibility of the Secretary of Homeland Security, either national or international, as may be assigned by the Secretary.

Sec. 2. The Homeland Security Distinguished Service Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Homeland Security and shall be awarded under such regulations as the Secretary shall prescribe. These regulations shall place the Homeland Security Distinguished Service Medal in an order of precedence immediately before the Coast Guard Distinguished Service Medal.

Sec. 3. No more than one Homeland Security Distinguished Service Medal shall be awarded to any one person, but for each succeeding exceptionally meritorious period of service justifying such an award, a suitable device may be awarded to be worn with that Medal as prescribed by appropriate regulations of the Department of Homeland Security.

Sec. 4. The Homeland Security Distinguished Service Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Secretary of Homeland Security.

§2737. Silver star medal

The President may award a silver star medal of appropriate design, with ribbons and appurtenances, to an individual who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, is cited for gallantry in action that does not warrant a medal of honor or Coast Guard cross—

(1) while engaged in an action against an enemy of the United States;

(2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or

(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(Added Pub. L. 111–281, title II, §224(b)(2), Oct. 15, 2010, 124 Stat. 2922, §492a; renumbered §2737, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(30), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "an individual" for "a person" in introductory provisions.

2018—Pub. L. 115–282 renumbered section 492a of this title as this section.

§2738. Distinguished flying cross

The President may present, but not in the name of Congress, a distinguished flying cross of appropriate design, with accompanying ribbon, to any individual who, while serving in any capacity with the Coast Guard, displays heroism or extraordinary achievement while participating in an aerial flight.

(Added Aug. 10, 1956, ch. 1041, §12(a), 70A Stat. 624, §492a; renumbered §492b, Pub. L. 111–281, title II, §224(b)(1), Oct. 15, 2010, 124 Stat. 2922; renumbered §2738, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§8505(a)(31), 8506(e), Jan. 1, 2021, 134 Stat. 4749, 4752.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person" and "displays" for "distinguishes himself by".

2018—Pub. L. 115–282 renumbered section 492b of this title as this section.

2010—Pub. L. 111–281 renumbered section 492a of this title as this section.

§2739. Coast Guard medal

The President may present, but not in the name of Congress, a medal to be known as the Coast Guard medal, of appropriate design, with accompanying ribbon, together with a rosette or other device to be worn in lieu thereof, to any individual who, while serving in any capacity with the Coast Guard, displays heroism not involving actual conflict with an enemy.

(Aug. 4, 1949, ch. 393, 63 Stat. 535, §493; renumbered §2739, 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)(32), 8506(f), Jan. 1, 2021, 134 Stat. 4749, 4752.)

Historical and Revision Notes

This section establishes a new medal to be known as the Coast Guard Medal, which is intended to be a parallel award to the Navy and Marine Corps Medal of the Navy, to be awarded under the same circumstances as that medal is awarded to personnel of the Navy (see title 34, U.S.C., 1946 ed., §356b). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person" and "displays" for "distinguishes himself by".

2018—Pub. L. 115–282 renumbered section 493 of this title as this section.

§2740. Insignia for additional awards

No more than one Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, or Coast Guard medal shall be issued to any one individual; but for each succeeding deed or service sufficient to justify the awarding of a Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, or Coast Guard medal, the President may award a suitable emblem or insignia to be worn with the decoration and a corresponding rosette or other device.

(Aug. 4, 1949, ch. 393, 63 Stat. 535, §494; Aug. 10, 1956, ch. 1041, §13, 70A Stat. 624; Pub. L. 111–281, title II, §224(c)(1), Oct. 15, 2010, 124 Stat. 2922; Pub. L. 113–281, title II, §213, Dec. 18, 2014, 128 Stat. 3029; renumbered §2740, 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)(33), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

This section is supplemental to the preceding sections dealing with the award of medals and regulates the award of additional medals of the same kind. It follows the established practice in all the armed forces (see title 34, U.S.C., 1946 ed., §358). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 struck out "one" before "Coast Guard medal shall" and substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 494 of this title as this section.

2014—Pub. L. 113–281 struck out "medal of honor," before "Coast Guard cross," in two places.

2010—Pub. L. 111–281 substituted "Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross," for "distinguished service medal, distinguished flying cross," in two places.

1956—Act Aug. 10, 1956, included the distinguished flying cross.

§2741. Time limit on award; report concerning deed

(a) No medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof may be awarded to an individual unless—

(1) the award is made within five years after the date of the deed or service justifying the award;

(2) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that deed or termination of the service.

(b) If the Secretary determines that—

(1) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by the individual's superior through official channels within three years from the date of that deed or termination of the service and was supported by sufficient evidence within that time; and

(2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted upon; a medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof, as the case may be, may be awarded to the individual within two years after the date of that determination.

(Aug. 4, 1949, ch. 393, 63 Stat. 536, §496; Pub. L. 87–526, §1(5), July 10, 1962, 76 Stat. 141; Pub. L. 111–281, title II, §224(c)(2), Oct. 15, 2010, 124 Stat. 2922; renumbered §2741, 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)(34), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

This section establishes a time limit on the making of awards. It follows the established practice in all the armed forces (see title 10, U.S.C., 1946 ed., §1409 and title 34, U.S.C., 1946 ed., §360). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283, §8505(a)(34)(A), substituted "an individual" for "a person" in introductory provisions.

Subsec. (b)(1). Pub. L. 116–283, §8505(a)(34)(B), substituted "individual's" for "person's".

Subsec. (b)(2). Pub. L. 116–283, §8505(a)(34)(C), substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 496 of this title as this section.

2010—Subsec. (a). Pub. L. 111–281, §224(c)(2)(A), substituted "Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross," for "distinguished service medal, distinguished flying cross," in introductory provisions.

Subsec. (b)(2). Pub. L. 111–281, §224(c)(2)(B), substituted "Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross," for "distinguished service medal, distinguished flying cross,".

1962—Pub. L. 87–526 incorporated existing provisions in subsec. (a), included the distinguished flying cross and bar in lieu of any award in the enumeration of medals, and extended the time limit for recommending award of a medal after performance of the deed justifying the award from one to three years and added subsec. (b).

§2742. Honorable subsequent service as condition to award

No medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or emblem, or insignia in lieu thereof shall be awarded or presented to any individual, or to the representative of any individual, whose entire service subsequent to the time of the acts resulting in the consideration of such award shall not in the opinion of the Commandant have been honorable.

(Aug. 4, 1949, ch. 393, 63 Stat. 536, §497; Aug. 10, 1956, ch. 1041, §13, 70A Stat. 624; Pub. L. 111–281, title II, §224(c)(3), Oct. 15, 2010, 124 Stat. 2922; renumbered §2742, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8506(g), Jan. 1, 2021, 134 Stat. 4752.)

Historical and Revision Notes

This section makes honorable service subsequent to the act for which award is made, a condition precedent to granting the award. The Navy has the same statutory condition (see title 34, U.S.C., 1946 ed., §362). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "of the acts resulting in the consideration of such award" for "he distinguished himself".

2018—Pub. L. 115–282 renumbered section 497 of this title as this section.

2010—Pub. L. 111–281 substituted "Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross," for "distinguished service medal, distinguished flying cross,".

1956—Act Aug. 10, 1956, included the distinguished flying cross.

§2743. Posthumous awards

In case an individual who dies before the making of any award to which such individual may be entitled, as authorized in this chapter, the award may be made and presented within five years from the date of the act or service justifying the award to such next of kin as may have been designated by the individual, or in the absence of such designation, or if the designated individual is not alive at the time of the award, or the relationship between such individual and the serviceman shall have been terminated before his death, then to such representative as the President designates. In the event of a posthumous award when the award will be made to the parents of the deceased and the parents have been divorced or separated, a duplicate award may be made to each parent.

(Aug. 4, 1949, ch. 393, 63 Stat. 536, §498; renumbered §2743, 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)(35), 8506(h), Jan. 1, 2021, 134 Stat. 4749, 4752.)

Historical and Revision Notes

This section sets forth the conditions under which posthumous awards can be made. It is substantially the same as conditions for the Navy, but has the added provision for duplicate awards in case the parents are divorced or separated (see title 34, U.S.C., 1946 ed., §363). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283, §8506(h), struck out "distinguishes himself" before "dies" and substituted "such individual" for "he".

Pub. L. 116–283, §8505(a)(35), substituted "designated individual" for "designated person" and "individual and" for "person and".

2018—Pub. L. 115–282 renumbered section 498 of this title as this section.

§2744. Life-saving medals

(a) The Secretary may, under regulations prescribed by him, award a Life-saving medal of gold or silver to any individual, including personnel of the Coast Guard, who rescues or endeavors to rescue any other individual from drowning, shipwreck, or other peril of the water in accordance with the following provisions:

(1) if such rescue or attempted rescue is made at the risk of one's own life and evidences extreme and heroic daring, the medal shall be of gold;

(2) if such rescue or attempted rescue is not sufficiently distinguished to deserve the medal of gold, but evidences the exercise of such signal exertion as to merit recognition, the medal shall be of silver.

(b) In order for an individual to be eligible for the Life-saving Medals the rescue or attempted rescue must take place in waters within the United States or subject to the jurisdiction thereof, or if the rescue or attempted rescue takes place outside such waters, one or the other of the parties must be a citizen of the United States or from a vessel or aircraft owned or operated by citizens of the United States.

(c) No individual shall receive more than one gold medal and one silver medal; but any individual who has received or may hereafter receive a gold or silver medal and who again performs an act which would entitle him to receive another medal of the same class may be awarded, in lieu of a second medal of the same class, a gold or silver bar, as the case may be, to be worn with the medal already bestowed, and for every such additional act, an additional bar may be awarded. Medals and bars in lieu thereof, authorized by this subsection, may be awarded posthumously.

(Aug. 4, 1949, ch. 393, 63 Stat. 536, §500; Pub. L. 94–546, §1(31), Oct. 18, 1976, 90 Stat. 2521; renumbered §2744, 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)(36), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§193, 194, 195, 196 (June 20, 1874, ch. 344, §7, 18 Stat. 127; June 18, 1878, ch. 265, §12, 20 Stat. 165; May 4, 1882, ch. 117, §9, 22 Stat. 57; Jan. 21, 1897, ch. 83, 29 Stat. 494).

Said sections have been rewritten so as to make the awarding of Life-saving medals turn on whether or not the United States has an interest in the heroic act, rather than on technical jurisdictional grounds. Under existing law the award of a medal could be made in any case in which the rescuer or the rescued was a citizen of the United States, or was from a vessel owned or operated by the United States regardless of where the rescue took place; and if the rescue took place within waters of the United States the award could be made to an alien.

The existing law relating to the Treasury Department Life-Saving Medal contained in title 14, U.S.C., 1946, ed., §§192–196, has long needed revision. The existing law is composed of a series of statutes enacted separately between 1874 and 1897, and the result has not been entirely unsatisfactory. The original statute, enacted in 1874 (title 14, U.S.C., 1946 ed., §193), provided for Life-saving medals of the first and second class to be bestowed "upon any persons who shall hereafter endanger their own lives in saving, or endeavoring to save lives from the perils of the sea, within the United States, or upon any American vessel". The medal of the first class was confined to cases of "extreme and heroic daring" and the medal of the second class was to be awarded "in cases not sufficiently distinguished to deserve the medal of the first class" Then in 1878 another act was passed (title 14, U.S.C., 1946 ed., §194) authorizing the bestowal of the medal of the second class "upon persons making such signal exertions in rescuing and succoring the shipwrecked, and saving persons from drowning" as, in the opinion of the Secretary of the Treasury, merited recognition. These two sections were construed by the Attorney General to be limited to the rescue of persons who were subjected to the perils of the sea in any waters of the United States in the vicinity of any lifeboat station, life-saving station, or house of refuge. And the person upon whom the medal could be bestowed was limited to members of life-saving crews. (1895) Op. Att. Gen. 124. Thereupon, in 1897, an act was passed which provided that the two earlier acts should "be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exertions in rescuing and succoring the shipwrecked and saving persons from drowning in waters over which the United States has jurisdiction, whether the said persons making such exertions were or were not members of the Life-Saving Service or whether or not such exertions were made in the vicinity of a life-saving station". (Title 14, U.S.C., 1946 ed., §196.) This act was designed to give a more liberal application to the two earlier acts, and all three were to be read as one. (1900) 23 Op. Atty. Gen. 78. However, difficult questions of interpretation have arisen because of the different jurisdictional language in the three acts. For example, title 14, U.S.C., 1946 ed., §193, refers to rescues "within the United States", while title 14, U.S.C., 1946 ed., §196, refers to rescues "in the waters over which the United States has jurisdiction". The need for clarification is obvious. Subsection (a) authorizes the awarding of the medal to any person, including Coast Guard personnel, who rescues or endeavors to rescue any person from drowning, shipwreck, or peril of the water. If the rescue or attempted rescue is at the risk of one's own life and evidences extreme and heroic daring, the medal shall be of gold, and if the rescue or attempted rescue is not sufficiently distinguished to deserve the gold medal, but evidences the exertion of such signal exertion as to merit recognition, the medal shall be of silver. Thus, the acts for which the medals are to be awarded are defined simply and without any geographical or jurisdictional limitations. The difficulty with the existing law is the attempt to define the required deed together with those limitations. Subsection (a) does not change existing law insofar as the type of act necessary for the medals is concerned; it merely simplifies and clarifies existing law.

Subsection (b) contains the jurisdictional limitations on the awarding of the medal and broadens, to a considerable extent, the provisions of existing law. It is the intent of this subsection to authorize the awarding of a medal in all cases where the United States has a legitimate interest in recognizing meritorious acts, such as where a United States citizen performs the act, or where a United States citizen is rescued, or where United States waters or United States vessels or aircraft are involved. Accordingly, rescues by United States citizens anywhere in the world will be recognized. Any person, including persons not citizens of the United States, may receive medals if the rescue or attempted rescue takes place in waters within the United States or subject to its jurisdiction or, in cases of rescues outside such waters, if either the rescuer or the person rescued is from a United States vessel or aircraft, or the person rescued is a United States citizen. Thus, every case in which the United States government has an interest is provided for. A United States citizen who performs a heroic act sufficient to justify a medal in state waters, or in foreign waters, could not receive one under existing law, but could receive such award under this proposed revision. The awarding of medals should not turn on technical jurisdictional grounds; it should turn rather on the interest of the United States to recognize noble and heroic acts.

Subsection (c) dealing with the awarding of bars for additional acts, clarifies, but does not change title 14, U.S.C., 1946 ed., §195, except that authority is granted to award medals posthumously. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283, §8505(a)(36)(B) substituted "individual" for "person" in two places in introductory provisions.

Subsec. (b). Pub. L. 116–283, §8505(a)(36)(A), substituted "an individual" for "a person".

Subsec. (c). Pub. L. 116–283, §8505(a)(36)(B), substituted "individual" for "person" in two places.

2018—Pub. L. 115–282 renumbered section 500 of this title as this section.

1976—Subsec. (a). Pub. L. 94–546 substituted "Secretary" for "Secretary of the Treasury".

§2745. Replacement of medals

In those cases where a medal, or a bar, emblem, or insignia in lieu thereof, awarded pursuant to this chapter has been stolen, lost, destroyed, or rendered unfit for use without fault or neglect on the part of the individual to whom it was awarded, such medal, or bar, emblem, or insignia in lieu thereof, shall be replaced without charge, or, in the discretion of the Secretary, upon condition that the Government is reimbursed for the cost thereof.

(Aug. 4, 1949, ch. 393, 63 Stat. 537, §501; Pub. L. 107–107, div. A, title V, §553(d)(2), Dec. 28, 2001, 115 Stat. 1117; renumbered §2745, 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)(37), Jan. 1, 2021, 134 Stat. 4749.)

Historical and Revision Notes

This section provides for the replacement of medals. It follows the established practice of the other armed forces, but makes an additional provision that the Secretary in his discretion may charge for the replacement medals in some circumstances. (See title 10, U.S.C., 1946 ed., §1416 and title 34, U.S.C., 1946 ed., §359.) 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 501 of this title as this section.

2001—Pub. L. 107–107 inserted "stolen," before "lost,".

§2746. Award of other medals

Coast Guard personnel, notwithstanding the provisions of this chapter, may be awarded medals, bars, emblems, or insignia to which such personnel may be entitled under other provisions of law.

(Aug. 4, 1949, ch. 393, 63 Stat. 537, §502; renumbered §2746, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

This section insures that the preceding sections are not intended to prevent Coast Guard military personnel from receiving other medals, the legion of merit, for example. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 502 of this title as this section.

Executive Documents

Meritorious Service Medal

Medal established as an award for outstanding meritorious achievement or service to the United States, see Ex. Ord. No. 11448, Jan. 16, 1969, 34 F.R. 915, as amended, set out as a note preceding section 1121 of Title 10, Armed Forces.

§2747. Awards and insignia for excellence in service or conduct

The Coast Guard may award trophies, badges, and cash prizes to Coast Guard personnel or groups thereof, including personnel of the reserve components thereof whether or not on active duty, for excellence in accomplishments related to Coast Guard service, to incur such expenses as may be necessary to enter such personnel in competitions, and to provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable.

(Aug. 4, 1949, ch. 393, 63 Stat. 537, §503; renumbered §2747, 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 Allowances" and preceding years: "not exceeding $10,000 for cash prizes for men for excellence in boatmanship, gunnery, target practice, and engineering competitions" (June 19, 1948, ch. 558, 62 Stat. 561).

This section expands the language contained in the appropriation act to include the awarding of trophies and badges, and to include in the accomplishments for which such awards may be made, excellence in any field related to Coast Guard duty. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 503 of this title as this section.

§2748. Presentation of United States flag upon retirement

(a) Presentation of Flag.—Upon the release of a member of the Coast Guard from active duty for retirement, the Secretary shall present a United States flag to the member.

(b) Multiple Presentations Not Authorized.—A member is not eligible for a presentation of a flag under subsection (a) if the member 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.

(Added Pub. L. 105–261, div. A, title VI, §644(d)(1), Oct. 17, 1998, 112 Stat. 2049, §516; amended Pub. L. 106–65, div. A, title VI, §652(e), Oct. 5, 1999, 113 Stat. 666; Pub. L. 107–296, title XVII, §1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title X, §1062(b)(2), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 112–213, title II, §217(6), Dec. 20, 2012, 126 Stat. 1557; renumbered §2748, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 516 of this title as this section.

2012—Subsec. (a). Pub. L. 112–213 struck out "of Homeland Security" after "Secretary".

2002—Subsec. (a). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

Subsec. (c). Pub. L. 107–314 substituted "this section" for "his section".

1999—Subsec. (b). Pub. L. 106–65 substituted "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." for "under this section or section 3681, 6141, and 8681 of title 10."

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

Section applicable with respect to releases from active duty described in this section and sections 7251, 8261, and 9251 of Title 10, Armed Forces, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of Title 10, Armed Forces.

SUBCHAPTER III—PAYMENTS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §116(c)(3), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter III designation and heading.

§2761. Individuals discharged as result of court-martial; allowances to

The Secretary may furnish individuals discharged pursuant to the sentence of a Coast Guard court-martial suitable civilian clothing and a monetary allowance not to exceed $25 if the individual discharged would not otherwise have suitable clothing or funds to meet immediate needs.

(Added May 5, 1950, ch. 169, §16(a), 64 Stat. 148, §509; amended Pub. L. 90–377, §8, July 5, 1968, 82 Stat. 288; renumbered §2761, 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)(38)(A), Jan. 1, 2021, 134 Stat. 4749.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "Individuals" for "Persons" in section catchline and substituted "individuals" for "persons" and "individual" for "person" in text.

2018—Pub. L. 115–282 renumbered section 509 of this title as this section.

1968—Pub. L. 90–377 substituted "Persons discharged as result of court-martial; allowances to" for "Prisoners; allowances to; transportation" in section catchline, and struck out provision that persons confined in prisons in pursuance of the sentence of a Coast Guard court shall during such confinement, be allowed a reasonable sum, not to exceed $3 per month, for necessary prison expenses and the provision that the Commandant of the Coast Guard may transport to their homes or places of enlistment, as he may designate, all discharged prisoners, the expense of such transportation to be paid out of any money to the credit of prisoners when discharged.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective May 31, 1951, see act May 5, 1950, ch. 169, §5, 64 Stat. 145.

§2762. Shore patrol duty; payment of expenses

An officer or cadet of the Coast Guard who is assigned shore patrol duty away from his vessel or other duty station may be paid his actual expenses.

(Added Aug. 10, 1956, ch. 1041, §14(a), 70A Stat. 624, §510; renumbered §2762, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 510 of this title as this section.

§2763. Compensatory absence from duty for military personnel at isolated duty stations

The Secretary may grant compensatory absence from duty to military personnel of the Coast Guard serving at isolated duty stations of the Coast Guard when conditions of duty result in confinement because of isolation or in long periods of continuous duty.

(Added Aug. 9, 1955, ch. 650, §4, 69 Stat. 577, §511; amended Pub. L. 94–546, §1(32), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 107–295, title III, §312(a), Nov. 25, 2002, 116 Stat. 2102; renumbered §2763, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 511 of this title as this section.

2002—Pub. L. 107–295 substituted "Compensatory absence from duty for military personnel at isolated duty stations" for "Compensatory absence of military personnel at isolated aids to navigation" in section catchline and amended text generally. Prior to amendment, text read as follows: "The Secretary, under regulations prescribed by him, may grant compensatory absence from duty to military personnel of the Coast Guard serving in lightships and at lighthouses and other isolated aids to navigation of the Coast Guard when conditions of duty result in confinement because of isolations or in long periods of continuous duty."

1976—Pub. L. 94–546 substituted "Secretary" for "head of the department in which the Coast Guard is operating".

§2764. Monetary allowance for transportation of household effects

The transportation and reimbursement authorized by section 453(c) of title 37 shall be available hereafter to pay a monetary allowance in place of such transportation to a member who, under regulations prescribed by the Secretary, participates in a program designated by the Secretary in which his baggage and household effects are moved by a privately owned or rental vehicle. This allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of the baggage and household effects. The allowance shall, however, be in an amount that will result in savings to the Government when the total cost of the movement of baggage and household effects is compared with the cost that otherwise would have been incurred under section 453(c) of title 37.

(Added Pub. L. 96–376, §7(a), Oct. 3, 1980, 94 Stat. 1510, §512; amended Pub. L. 97–295, §2(16), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; renumbered §2764, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 117–263, div. A, title VI, §626(d), Dec. 23, 2022, 136 Stat. 2629.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted "section 453(c)" for "subsection (b) of section 476" in two places.

2018—Pub. L. 115–282 renumbered section 512 of this title as this section.

2013—Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(B). See 2011 Amendment note below.

2011—Pub. L. 112–81, §631(f)(4)(B), as amended by Pub. L. 112–239, §1076(a)(9), substituted "476" for "406" in two places.

1982—Pub. L. 97–295 struck out ", United States Code," after "title 37" first time appearing, and ", United States Code" after "title 37" second time appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

§2765. Retroactive payment of pay and allowances delayed by administrative error or oversight

Under regulations prescribed by the Secretary, the Coast Guard may authorize retroactive payment of pay and allowances, including selective reenlistment bonuses, to enlisted members if entitlement 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 Obligations.—The Secretary may also establish requirements 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, member, or retired member who is delinquent in payment 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 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; or

(2) the Coast Guard medical regional manager for the area in which such island is located 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 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."

§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 during such calendar year. The audit for a calendar year shall be completed by the end of the calendar 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 active 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, §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 insofar as Congress has made specific legislative provision for the Coast Guard, and that benefits derived from legislation pertaining to the Navy previously conferred upon the Coast Guard, and not provided for in subsequent 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 provision as to pay in order to cover any failure to provide specifically for the Coast Guard in military pay legislation.

This section assimilates the pay of military personnel of the Coast Guard to the pay of military personnel of the Navy. It seems that this is the most feasible method of insuring that the pay of military personnel of the Coast Guard will not vary from the pay of military personnel of the other armed forces. The assimilation 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 assigned to submarine duty, military personnel assigned to aviation duty, officers assigned as aides to flag officers, 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 provisions.

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 "Secretary 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 Amendment 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 inserting "(7) Section 471(a) and (b)." However, for purposes of codification, the repeal has been executed to former subsecs. (a) and (b) of this section, which provided 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 indebtedness 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 subsec. (c), leaving text of former subsec. (c) as constituting entire text of section.

1962—Pub. L. 87–526, §1(1)(A), amended section catchline 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 indebted to United States" in section catchline, designated 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, provided 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; renumbered §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 Allowances" and preceding years: "Not to exceed $32,200 for cost of instruction of officers at non-Federal institutions, 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.

Statutory Notes and Related Subsidiaries

Expansion of Postgraduate Opportunities for Members of Coast Guard in Medical and Related Fields

Pub. L. 117–263, div. K, title CXIV, §11413(a), (b), Dec. 23, 2022, 136 Stat. 4120, provided that:

"(a) In General.—The Commandant [of the Coast Guard] shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations.

"(b) Application of Law.—Individuals who receive assistance pursuant to subsection (a) shall be subject to the service obligations required under section 2114 of title 10, United States Code."

Coast Guard Graduate Maritime Operations Education

Pub. L. 114–120, title II, §213, Feb. 8, 2016, 130 Stat. 42, provided that: "Not later than 1 year after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish an education program, for members and employees of the Coast Guard, that—

"(1) offers a master's degree in maritime operations;

"(2) is relevant to the professional development of such members and employees;

"(3) provides resident and distant education options, including the ability to utilize both options; and

"(4) to the greatest extent practicable, is conducted using existing academic programs at an accredited public academic institution that—

"(A) is located near a significant number of Coast Guard, maritime, and other Department of Homeland Security law enforcement personnel; and

"(B) has an ability to simulate operations normally conducted at a command center."

§2771. Attendance at professional meetings

Coast Guard personnel may be directed to attend meetings of technical, professional, scientific, and other similar organizations and may be reimbursed for expenses thereby incurred at the rates authorized by law.

(Aug. 4, 1949, ch. 393, 63 Stat. 532, §471; renumbered §2771, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

It is believed that the authority contained in this section will greatly benefit the Government in providing better trained personnel. A similar provision was enacted for personnel of the Navy in 1946 (see title 5, U.S.C., 1946 ed., §421c). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 471 of this title as this section.

§2772. Education loan repayment program for members on active duty in specified military specialties

(a) In General.—

(1) Repayment.—Subject to the provisions of this section, the Secretary may repay—

(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);

(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);

(C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or

(D) any loan incurred for educational purposes made by a lender that is—

(i) an agency or instrumentality of a State;

(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;

(iii) a pension fund approved by the Secretary for purposes of this section; or

(iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section.

(2) Requirement.—Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.

(3) Eligibility.—The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary.

(b) Amount.—The portion or amount of a loan that may be repaid under subsection (a) is 331/3 percent or $1,500, whichever is greater, for each year of service.

(c) Interest Accrual.—If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required.

(d) Rule of Construction.—Nothing in this section shall be construed to authorize refunding any repayment of a loan.

(e) Fractional Credit for Transfer.—An individual who transfers from service making the individual eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the individual eligible for repayment of loans under section 16301 of title 10 (as described in subsection (a)(2) or (g) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned.

(f) Schedule for Allocation.—The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301(a) of title 10.

(g) Failure to Complete Period of Service.—Except an individual described in subsection (e) who transfers to service making the individual eligible for repayment of loans under section 16301 of title 10, a member of the Coast Guard who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

(h) Authority to Issue Regulations.—The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member's death or disability.

(Added Pub. L. 108–293, title II, §218(a), Aug. 9, 2004, 118 Stat. 1038, §472; renumbered §2772, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(41), Jan. 1, 2021, 134 Stat. 4750; Pub. L. 117–263, div. K, title CXII, §11239(a), Dec. 23, 2022, 136 Stat. 4037.)

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsec. (a)(1)(A) to (C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified generally to parts B (§1071 et seq.), D (§1087a et seq.), and E (§1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to education loan repayment program.

2021—Subsec. (a)(2). Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 472 of this title as this section.

§2773. Rations or commutation therefor in money

(a) Enlisted members of the Coast Guard, civilian officers and civilian crews of vessels, and working parties in the field shall be allowed a ration or commutation thereof in money, in such amount and under limitations and regulations prescribed by the Secretary.

(b) Money for commuted rations shall be paid, under such regulations as the Secretary shall prescribe, on proper vouchers, or pay rolls, to individuals entitled to receive it, or to the officers designated by the Commandant to administer the financial affairs of the messes in which such individuals may be subsisted.

(c) Money paid for commuted rations to the designated officer may be deposited in general or limited depositories of public money or in any bank in which deposits are insured. Such funds shall be expended and accounted for under such regulations as the Secretary shall prescribe.

(d) Nothing contained in this section shall be construed as modifying or changing in any manner the provisions of law pertaining to subsistence allowances for enlisted members, but no ration or commutation thereof shall be allowed an individual receiving a subsistence allowance.

(Aug. 4, 1949, ch. 393, 63 Stat. 532, §478; Pub. L. 98–557, §15(a)(3)(B), (C), Oct. 30, 1984, 98 Stat. 2865; renumbered §2773, 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)(42), Jan. 1, 2021, 134 Stat. 4750.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§134, 135 (Mar. 25, 1940, ch. 71, title I, 54 Stat. 64; June 6, 1940, ch. 257, §10, 54 Stat. 248; May 31, 1941, ch. 156, title I, §1, 55 Stat. 221; Feb. 7, 1942, ch. 46, title I, 56 Stat. 71; June 26, 1943, ch. 147, §1, 57 Stat. 211; June 22, 1944, ch. 269, §1, 58 Stat. 316; May 29, 1945, ch. 130, §1, 59 Stat. 216; July 12, 1946, ch. 569, §1, 60 Stat. 531; Aug. 2, 1946, ch. 756, §31, 60 Stat. 857; July 1, 1947, ch. 186, title I, §101, 61 Stat. 226).

The provisions of said section 134 are extended to include all persons who might be entitled to receive money for commuted rations, rather than only the officer in charge of the mess.

The last proviso of said section 135 is eliminated, because experience during the past 2 years shows that it may react detrimentally on enlisted men in time of rising food costs.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283, §8505(a)(42)(A), substituted "individuals" for "persons" in two places.

Subsec. (d). Pub. L. 116–283, §8505(a)(42)(B), substituted "an individual" for "a person".

2018—Pub. L. 115–282 renumbered section 478 of this title as this section.

1984—Subsecs. (a), (d). Pub. L. 98–557 substituted reference to enlisted members for reference to enlisted men.

§2774. Sales of ration supplies to messes

Ration supplies may be purchased by the cabin, wardroom, warrant officers', and other authorized messes and payment therefor made in cash to the commissary officer. The prices to be charged for such supplies shall not be less than the invoice prices, and the cash received from such sales shall be accounted for on the ration return and may be expended for the general mess.

(Aug. 4, 1949, ch. 393, 63 Stat. 533, §479; renumbered §2774, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §132 (Aug. 1, 1914, ch. 223, §1, 38 Stat. 620). 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 479 of this title as this section.

§2775. Flight rations

There may be furnished to officers, enlisted members, and civilian employees, while actually engaged in flight operations, an aircraft flight ration in kind, chargeable to the proper Coast Guard appropriation, which flight ration shall be supplementary to any ration or subsistence allowance now granted to such personnel. No part of an aircraft flight ration shall be furnished without cost to any individual in a travel status or to any individual to whom a per diem allowance is granted in lieu of actual subsistence.

(Aug. 4, 1949, ch. 393, 63 Stat. 533, §480; Pub. L. 98–557, §15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; renumbered §2775, 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)(43), Jan. 1, 2021, 134 Stat. 4750.)

Historical and Revision Notes

Derived from the title 34, U.S.C., 1946 ed., §909 (June 5, 1942, ch. 327, 56 Stat. 308).

Said section is applicable to Navy personnel only. Experience has shown that similar authority should be granted to the Coast Guard; it will operate to the benefit of Navy personnel stopping over at Coast Guard air stations as well as to the benefit of Coast Guard personnel stopping over at Naval air stations.

The language of said section is closely paralleled.

Said section would in no way be affected. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person" in two places.

2018—Pub. L. 115–282 renumbered section 480 of this title as this section.

1984—Pub. L. 98–557 substituted reference to enlisted members for reference to enlisted men.

§2776. Payments at time of discharge for good of service

Enlisted members discharged by dishonorable discharge, bad-conduct discharge, or any other discharge for the good of the service, may, upon discharge, be paid a sum not to exceed $25. The sum paid shall be fixed by and in the discretion of the Commandant, and shall be paid only in cases where the individual so discharged would otherwise be without funds to meet his immediate needs.

(Aug. 4, 1949, ch. 393, 63 Stat. 533, §481; Pub. L. 98–557, §15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865; renumbered §2776, 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)(44), Jan. 1, 2021, 134 Stat. 4750.)

Historical and Revision Notes

Derived from title 34, U.S.C., 1946 ed., §197, and title 14, U.S.C., 1946 ed., §3a (Mar. 4, 1925, ch. 536, §10, 43 Stat. 1274; Oct. 26, 1942, ch. 623, 56 Stat. 987).

Said section 197 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed., §3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times.

Said section would in no way be affected. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 481 of this title as this section.

1984—Pub. L. 98–557 substituted "Enlisted members" for "Enlisted men".

§2777. Clothing for destitute shipwrecked individuals

The Coast Guard may furnish clothing and subsistence to destitute shipwrecked individuals, and the Coast Guard may reimburse, in cash or in kind, Coast Guard personnel who furnish clothing and subsistence to destitute shipwrecked individuals.

(Aug. 4, 1949, ch. 393, 63 Stat. 534, §486; renumbered §2777, 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)(45)(A), Jan. 1, 2021, 134 Stat. 4750.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §749 (July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736).

This section was enlarged to provide that the Coast Guard, as well as personnel thereof, may furnish clothing and subsistence to destitute shipwrecked persons.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individuals" for "persons" in section catchline and in two places in text.

2018—Pub. L. 115–282 renumbered section 486 of this title as this section.

§2778. Advancement of public funds to personnel

The Commandant, under regulations prescribed by the Secretary, may advance public funds to personnel when required to meet expenses of members detailed on emergency shore duty. Funds so advanced shall not exceed a reasonable estimate of the actual expenditures to be made and for which reimbursement is authorized by law.

(Aug. 4, 1949, ch. 393, 63 Stat. 534, §488; Pub. L. 98–557, §15(a)(3)(I), Oct. 30, 1984, 98 Stat. 2865; renumbered §2778, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

Historical and Revision Notes

Derived from title 34, U.S.C., 1946 ed., §885, and title 14, U.S.C., 1946 ed., §3a (May 22, 1928, ch. 688, 45 Stat. 712; Oct. 26, 1942, ch. 623, 56 Stat. 987).

Said section 885 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed., §3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times.

Said section would in no way be affected. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 488 of this title as this section.

1984—Pub. L. 98–557 substituted reference to members for reference to officers and men.

§2779. Transportation to and from certain places of employment

(a) Whenever the Secretary determines that it is necessary for the effective conduct of the affairs of the Coast Guard, he may, at reasonable rates of fare fixed under regulations to be prescribed by him, provide assured and adequate transportation by motor vehicle or water carrier to and from their places of employment for individuals attached to, or employed by, the Coast Guard; and during a war or during a national emergency declared by Congress or the President, for individuals attached to, or employed in, a private plant that is manufacturing material for the Coast Guard.

(b) Transportation may not be provided under subsection (a) unless the Secretary or an officer designated by the Secretary, determines that—

(1) other transportation facilities are inadequate and cannot be made adequate;

(2) a reasonable effort has been made to induce operators of private facilities to provide the necessary transportation; and

(3) the service to be furnished will make proper use of transportation facilities and will supply the most efficient transportation to the individuals concerned.

(c) To provide transportation under subsection (a), the Secretary may—

(1) buy, lease, or charter motor vehicles or water carriers having a seating capacity of 12 or more passengers;

(2) maintain and operate that equipment by enlisted members or employees of the Coast Guard, or by private individuals under contract; and

(3) lease or charter the equipment to private or public carriers for operation under terms that are considered necessary by the Secretary or by an officer designated by the Secretary, and that may provide for the pooling of government-owned and privately owned equipment and facilities and for the reciprocal use of that equipment.

(d) Fares received under subsection (a), and proceeds of the leasing or chartering of equipment under subsection (c)(3), shall be covered into the Treasury as miscellaneous receipts.

(Added Pub. L. 96–376, §10(a), Oct. 3, 1980, 94 Stat. 1510, §660; amended Pub. L. 99–145, title XVI, §1623, Nov. 8, 1985, 99 Stat. 778; Pub. L. 99–550, §2(e), Oct. 27, 1986, 100 Stat. 3070; renumbered §2779, 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)(46), Jan. 1, 2021, 134 Stat. 4750.)

Editorial Notes

Amendments

2021—Subsecs. (a), (b)(3), (c)(2). Pub. L. 116–283 substituted "individuals" for "persons" wherever appearing.

2018—Pub. L. 115–282 renumbered section 660 of this title as this section.

1986—Subsec. (e). Pub. L. 99–550 struck out subsec. (e) which provided that passenger motor vehicles of the United States could be used to provide transportation between the residence and place of work of the Commandant. See section 1344 of Title 31, Money and Finance.

1985—Subsec. (e). Pub. L. 99–145 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Pub. L. 99–145, title XVI, §1623, Nov. 8, 1985, 99 Stat. 778, provided that the amendment made by that section is effective Oct. 1, 1985.