ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 213aRights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 454 words · no verdicts yet

in plain englishAI-generated · not legal advice

Commissioned officers of the Public Health Service (or their surviving beneficiaries) get many of the same rights and benefits Army officers get, listed in specific parts of Title 10. The Secretary of Health and Human Services, or someone the Secretary picks, exercises the authority that Title 10 normally gives military department secretaries. A few of these borrowed rules get special substitutions, like naming the HHS Inspector General instead of the Defense Department's.

(a) Commissioned officers of the Public Health Service — and their surviving beneficiaries — get the same rights, benefits, privileges, and immunities that Army commissioned officers (or their beneficiaries) get, under a list of parts of Title 10: (1) Transportation and travel allowances for escorting a dependent's remains. (2) Retirement or separation for physical disability — except that three specific sections (1201, 1202, 1203) don't apply to Public Health Service officers ordered to active duty for training for more than 30 days. (3) Rules about retired grade, except four listed sections. (4) Rules for computing retired pay, except one specific formula. (5) The Retired Serviceman's Family Protection Plan and Survivor Benefit Plan. (6) Death benefits. (7) Final settlement of accounts for deceased members. (8) Military claims rules — but only when Public Health Service officers already qualify for military benefits under section 213 of this title. (9) Accepting fellowships, scholarships, or grants. (10) Reimbursement for vehicle costs when moving to a new permanent duty station. (11) Deposits of savings. (12) Correcting military records and handling related claims. (13) Reviewing a discharge or dismissal. (14) Reviewing a retirement or separation without pay for physical disability. (15) Cash awards for suggestions, inventions, or scientific achievements. (16) Reimbursement for adoption expenses. (17) Transitional pay and commissary/exchange benefits for the family of an officer separated for abusing a dependent. (18) Protection from retaliation for making protected communications. (19) Retired pay for non-regular (reserve-type) service. (20) Rules on compensation a reservist on active duty may accept from other people. (21) Rules on separating reservists who are absent without authority or sentenced to prison. (b)(1) Wherever Title 10 gives this authority to "military departments," "the Secretary concerned," or "the Secretary of Defense," that same authority — for Public Health Service officers — belongs to the Secretary of Health and Human Services, or to whoever that Secretary designates. (b)(2) For item 18 above (protected communications), the "Inspector General" named in that Title 10 section means the Inspector General of the Department of Health and Human Services, not the Defense Department's. (b)(3) For item 19 above (non-regular retired pay), wherever Title 10 says "military department," "Secretary concerned," or "Armed forces," that means the Department of Health and Human Services, the HHS Secretary, and the Commissioned Corps.
the actual law source: uscode.house.gov ↗public domain
(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 1036,1 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 1370,1 1374,1 1375 and 1376(a).1

(4)

Chapter 71, Computation of Retired Pay, except formula No. 3 of section 1401.1

(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 2634,1 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.

(17)

Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.

(18)

Section 1034, Protected Communications; Prohibition of Retaliatory Personnel Actions.

(19)

Chapter 1223, Retired Pay for Non-Regular Service.

(20)

Section 12601, Compensation: Reserve on active duty accepting from any person.

(21)

Section 12684, Reserves: separation for absence without authority or sentence to imprisonment.

(b)
(1)

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) shall be exercised, with respect to commissioned officers of the Service, by the Secretary of Health and Human Services or the designee of such Secretary.

(2)

For purposes of paragraph (18) of subsection (a), the term “Inspector General” in section 1034 of such title 10 shall mean the Inspector General of the Department of Health and Human Services.

(3)

For purposes of paragraph (19) of subsection (a), the terms “Military department”, “Secretary concerned”, and “Armed forces” in such title 10 shall be deemed to include, respectively, the Department of Health and Human Services, the Secretary of Health and Human Services, and the Commissioned Corps.

Source credit: (July 1, 1944, ch. 373, title II, § 221, as added Aug. 10, 1956, ch. 1041, § 4, 70A Stat. 619; amended Pub. L. 85–861, § 4, Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86–160, § 3, Aug. 14, 1959, 73 Stat. 359; Pub. L. 87–555, § 2, July 27, 1962, 76 Stat. 244; Pub. L. 88–132, § 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L. 88–431, § 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89–538, § 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92–425, § 5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96–76, title III, § 312, Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title V, § 507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99–117, § 4, Oct. 7, 1985, 99 Stat. 492; Pub. L. 105–85, div. A, title VI, § 653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107–107, div. A, title VI, § 653(a), Dec. 28, 2001, 115 Stat. 1153; Pub. L. 112–144, title XI, § 1129, July 9, 2012, 126 Stat. 1118; Pub. L. 116–136, div. A, title III, § 3214(d), Mar. 27, 2020, 134 Stat. 373.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373
  • 1958Amended · Pub. L. 85-861 · 72 Stat. 1547
  • 1959Amended · Pub. L. 86-160 · 73 Stat. 359
  • 1962Amended · Pub. L. 87-555 · 76 Stat. 244
  • 1963Amended · Pub. L. 88-132 · 77 Stat. 214
  • 1964Amended · Pub. L. 88-431 · 78 Stat. 440
  • 1966Amended · Pub. L. 89-538 · 80 Stat. 348
  • 1972Amended · Pub. L. 92-425 · 86 Stat. 713
  • 1979Amended · Pub. L. 96-76 · 93 Stat. 586
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2920
  • 1985Amended · Pub. L. 99-117 · 99 Stat. 492
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1804
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1153
  • 2012Amended · Pub. L. 112-144 · 126 Stat. 1118
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 373

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case