US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 213

Military benefits

(a)

Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors

Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—
(1)
in time of war;
(2)
on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or
(3)
while the Service is part of the military forces of the United States pursuant to Executive order of the President;
be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.
(b)

Award of decorations

The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.

(c)

Authority of Surgeon General

The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.

(d)

Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs

section 417 of this titleActive service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and .

(e)

Active service deemed active military service with respect to Servicemembers Civil Relief Act

50 U.S.C. 3901Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.) [now et seq.].

(f)

Active service deemed active military service with respect to anti-discrimination laws

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability.

July 1, 1944, ch. 373 58 Stat. 689 July 15, 1954, ch. 507, § 14(a) 68 Stat. 481 Aug. 1, 1956, ch. 837 70 Stat. 881 Pub. L. 94–278, title XI, § 110190 Stat. 415 Pub. L. 102–54, § 13(q)(1)(C)105 Stat. 278 Pub. L. 105–392, title IV, § 402(a)112 Stat. 3587 Pub. L. 108–189, § 2(e)117 Stat. 2866 (, title II, § 212, ; , ; , title V, § 501(b)(1), ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Apr. 25, 1951, ch. 39 65 Stat. 33 act Aug. 1, 1956, ch. 837, title V, § 502(9) 70 Stat. 886 The Servicemen’s Indemnity Act of 1951, referred to in subsec. (d), is , pt. I, , which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was repealed by , .

act Oct. 17, 1940, ch. 888 54 Stat. 1178 The Servicemembers Civil Relief Act, referred to in subsec. (e), is , , which was classified to section 501 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 50 (§ 3901 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 108–1892003—Subsec. (e). substituted “Servicemembers Civil Relief Act” for “Soldiers’ and Sailors’ Civil Relief Act of 1940”.

Pub. L. 105–3921998—Subsec. (f). added subsec. (f).

Pub. L. 102–541991—Subsec. (d). substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 94–2781976—Subsec. (e). added subsec. (e).

section 417 of this title1956—Act , amended section generally to extend all rights, privileges, immunities, and benefits provided for commissioned officers of the Army or their surviving beneficiaries to commissioned officers of the Service, with the exception of retired pay and uniform allowances, when performing duty under certain circumstances, and to provide that active service of commissioned officers shall be deemed to be active military service in the Armed Forces for the purposes of all laws administered by the Veterans’ Administration (except the Servicemen’s Indemnity Act of 1951) and .

1954—Subsec. (a)(1). Act , struck out “burial payments in the event of death,” after “limited to,”.

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.

Effective Date of 1956 Amendment; Applicability

Act Aug. 1, 1956, ch. 837, title V, § 501(b)(2) 70 Stat. 882

act July 16, 1952, ch. 875 66 Stat. 633 42 U.S.C. 402(i)“The amendment made by this subsection [amending this section] (A) shall apply only with respect to service performed on or after , (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans’ Readjustment Assistance Act of 1952 [, ], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [], or under Veterans Regulation Numbered 9(a), for any death occurring prior to , and (D) shall not be construed to authorize payment of any benefits for any period prior to .”
, , provided that:

Transfer of Functions

section 542 of Title 6For 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 , as modified, set out as a note under .

Recomputation of Social Security Benefits for Officers Entitled to Old-Age Insurance Benefits Prior to , or for Survivors of Officers Who Died Prior to

Act Aug. 1, 1956, ch. 837, title V, § 501(b)(3) 70 Stat. 882

“In the case of any individual—
“(A)
who performed active service (i) as a commissioned officer of the Public Health Service at any time during the period beginning , and ending , or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning , and ending ; and
“(B)
(i)
42 U.S.C. 402(a) who became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [] prior to , or
“(ii)
42 U.S.C. 402 who died prior to , and whose widow, child, or parent is entitled for the month of January 1957, on the basis of his wages and self-employment income, to a monthly survivor’s benefit under section 202 of such act []; and
“(C)
42 U.S.C. 415 any part of whose service described in subparagraph (A) was not included in the computation of his primary insurance amount under section 215 of such act [] but would have been included in such computation if the amendment made by paragraph (1) of this subsection or paragraph (1) of subsection (d) had been effective prior to the date of such computation,
42 U.S.C. 415(f)(1)42 U.S.C. 40242 U.S.C. 40142 U.S.C. 415(f)the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor’s benefits under section 202 of such act [] on the basis of his wages and self-employment income. Such recomputation shall be made only in the manner, provided in title II of the Social Security Act [ et seq.] as in effect at the time of the last previous computation or recomputation of such individual’s primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this paragraph shall be regarded as a recomputation under section 215(f) of the Social Security Act []. Any such recomputation shall be effective for and after the twelfth month before the month in which the application was filed, but in no case for any month before January 1957.”
, , provided that:

Disposition of Remains of Deceased Personnel

Recovery, care, and disposition of the remains of deceased members of the uniformed services and other deceased personnel, see section 1481 et seq. of Title 10, Armed Forces.

Burial of Certain Commissioned Officers

Act Apr. 30, 1956, ch. 227 70 Stat. 124

32 Stat. 712 Provided“That burial in national cemeteries of the remains of commissioned officers of the United States Public Health Service who were detailed for duty with the Army or Navy during World War I pursuant to the act of (, 713), as amended, and Executive Order Numbered 2571 dated , and of the wife, widow, minor child and, in the discretion of the Secretary of the Army, unmarried adult child of these officers is authorized: , That the remains of the wife, widow, and children may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery if, upon death, the related officer is not buried in the same or an adjoining gravesite.”
, , provided:

Executive Documents

Transfer of Functions

80 Stat. 1610 section 202 of this titleFunctions 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. , 31 F.R. 8855, , set out as a note under .

Delegation of Authority

Memorandum of President of the United States, , 58 F.R. 3485, provided:

Memorandum for the Secretary of Defense, the Secretary of Health and Human Services

42 U.S.C. 213(b)The authority of the President under section 212(b) of the Public Health Service Act () is hereby delegated to the Secretary of Defense. In the exercise of that authority, the Secretary of Defense shall ensure that no military ribbon, medal, or decoration is awarded to an officer of the Public Health Service without the approval of the Secretary of Health and Human Services.

The Secretary of Defense shall ensure the publication of this memorandum in the Federal Register.

George Bush.