§ 2769. Remission of indebtedness

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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.

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