
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-107 Section 653(a)]
[CITE: 42USC213a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 213a. Rights, benefits, privileges, and immunities for 
        commissioned officers or beneficiaries; exercise of authority by 
        Secretary or designee
        
    (a) Commissioned officers of the Service or their surviving 
beneficiaries are entitled to all the rights, benefits, privileges, and 
immunities now or hereafter provided for commissioned officers of the 
Army or their surviving beneficiaries under the following provisions of 
title 10:
        (1) Section 1036, Escorts for dependents of members: 
    transportation and travel allowances.
        (2) Chapter 61, Retirement or Separation for Physical 
    Disability, except that sections 1201, 1202, and 1203 do not apply 
    to commissioned officers of the Public Health Service who have been 
    ordered to active duty for training for a period of more than 30 
    days.
        (3) Chapter 69, Retired Grade, except sections 1370, 1374,\1\ 
    1375 and 1376(a).
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    \1\ See References in Text note below.
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        (4) Chapter 71, Computation of Retired Pay, except formula No. 3 
    of section 1401.
        (5) Chapter 73, Retired Serviceman's Family Protection Plan; 
    Survivor Benefit Plan.
        (6) Chapter 75, Death Benefits.
        (7) Section 2771, Final settlement of accounts: deceased 
    members.
        (8) Chapter 163, Military Claims, but only when commissioned 
    officers of the Service are entitled to military benefits under 
    section 213 of this title.
        (9) Section 2603, Acceptance of fellowships, scholarships, or 
    grants.
        (10) Section 2634, Motor vehicles: for members on permanent 
    change of station.
        (11) Section 1035, Deposits of Savings.
        (12) Section 1552, Correction of military records: claims 
    incident thereto.
        (13) Section 1553, Review of discharge or dismissal.
        (14) Section 1554, Review of retirement or separation without 
    pay for physical disability.
        (15) Section 1124, Cash awards for suggestions, inventions, or 
    scientific achievements.
        (16) Section 1052, Reimbursement for adoption expenses.

    (b) The authority vested by title 10 in the ``military 
departments'', ``the Secretary concerned'', or ``the Secretary of 
Defense'' with respect to the rights, privileges, immunities, and 
benefits referred to in subsection (a) of this section shall be 
exercised, with respect to commissioned officers of the Service, by the 
Secretary of Health and Human Services or his designee.

(July 1, 1944, ch. 373, title II, Sec. 221, as added Aug. 10, 1956, ch. 
1041, Sec. 4, 70A Stat. 619; amended Pub. L. 85-861, Sec. 4, Sept. 2, 
1958, 72 Stat. 1547; Pub. L. 86-160, Sec. 3, Aug. 14, 1959, 73 Stat. 
359; Pub. L. 87-555, Sec. 2, July 27, 1962, 76 Stat. 244; Pub. L. 88-
132, Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88-431, Sec. 1(d), 
Aug. 14, 1964, 78 Stat. 440; Pub. L. 89-538, Sec. 3(b), Aug. 14, 1966, 
80 Stat. 348; Pub. L. 92-425, Sec. 5, Sept. 21, 1972, 86 Stat. 713; Pub. 
L. 96-76, title III, Sec. 312, Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-
88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-513, 
title V, Sec. 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99-117, 
Sec. 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105-85, div. A, title VI, 
Sec. 653(a), Nov. 18, 1997, 111 Stat. 1804.)

                       References in Text

    Section 1374 of title 10, referred to in subsec. (a)(3), was 
repealed by Pub. L. 103-337, div. A, title XVI, Sec. 1662(k)(2), Oct. 5, 
1994, 108 Stat. 3006. See sections 12771 to 12773 of Title 10, Armed 
Forces.

                          Codification

    Section was formerly classified to section 316 of title 37 prior to 
the general revision and enactment of Title 37, Pay and Allowances of 
the Uniformed Services, by Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76 
Stat. 451.


                               Amendments

    1997--Subsec. (a)(16). Pub. L. 105-85 added cl. (16).
    1985--Subsec. (a)(15). Pub. L. 99-117 added cl. (15).
    1980--Subsec. (a)(3). Pub. L. 96-513 inserted reference to section 
1370 of title 10.
    1979--Subsec. (a)(12) to (14). Pub. L. 96-76 added cls. (12) to 
(14).
    1972--Subsec. (a)(5). Pub. L. 92-425 substituted ``Retired 
Serviceman's Family Protection Plan; Survivor Benefit Plan'' for 
``Annuities Based on Retired or Retainer Pay''.
    1966--Subsec. (a)(11). Pub. L. 89-538 added cl. (11).
    1964--Subsec. (a)(10). Pub. L. 88-431 added cl. (10).
    1963--Subsec. (b). Pub. L. 88-132 inserted reference to Secretary of 
Defense.
    1962--Subsec. (a). Pub. L. 87-555 added cl. (9). Notwithstanding 
directory language that section be amended by ``adding the following new 
clause at the end thereof'', the amendment was executed to subsec. (a) 
to reflect the probable intent of Congress since the ``new'' clause was 
numbered ``(9)'' and subsec. (a) contained cls. (1) to (8).
    1959--Subsec. (a). Pub. L. 86-160 added cl. (1) and renumbered 
former cls. (1) to (7) as (2) to (8).
    1958--Subsec. (a). Pub. L. 85-861 substituted ``provisions'' for 
``chapters'' in opening clause, struck out former cl. (1) which related 
to chapter 55 of title 10, renumbered former cls. (2) to (6) as (1) to 
(5), amended cl. (1), as renumbered, to make sections 1201 to 1203 of 
title 10, inapplicable to commissioned officers of the Public Health 
Service who have been ordered to active duty for training for a period 
of more than 30 days, inserted a reference to section 1374 of title 10 
in cl. (2), as renumbered, struck out ``Care of the Dead'' after 
``Benefits'' in cl. (5), as renumbered, and added cl. (6).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-85 applicable only to adoptions completed 
on or after Nov. 18, 1997, see section 653(c) of Pub. L. 105-85, set out 
as a note under section 857a of Title 33, Navigation and Navigable 
Waters.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, 
Armed Forces.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as an Effective Date note under section 201 
of Title 37, Pay and Allowances of the Uniformed Services.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service transferred 
to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 
1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.


             Rules and Regulations; Savings Deposit Benefits

    Regulations prescribed by the Secretary of Health, Education, and 
Welfare [now Health and Human Services] concerning savings deposit 
benefits for Public Health Service personnel to be prescribed jointly 
with regulations prescribed by the Secretaries concerned under section 
1035 of Title 10, Armed Forces, see section 3(c) of Pub. L. 89-538, set 
out as a note under section 1035 of Title 10.


 Back Payments: Validation; Application; Limitations; Accountability of 
                    Disbursing Officers; Regulations

    Transportation and travel allowances to escorts for dependents of 
members, see sections 4 to 7 of Pub. L. 86-160, set out as a note under 
section 1036 of Title 10, Armed Forces.


         Designation of Beneficiary Made Before January 1, 1956

    Designation of beneficiary made before Jan. 1, 1956, considered as 
the designation of a beneficiary for the purposes of section 4 of Pub. 
L. 85-861, which amended this section, see section 31 of Pub. L. 85-861, 
set out as a note under section 2771 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in section 210 of this title.
