US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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)
1
1 See References in Text note below.
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)
111 Chapter 69, Retired Grade, except sections 1370, 1374, 1375 and 1376(a).
(4)
1 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)
section 213 of this title Chapter 163, Military Claims, but only when commissioned officers of the Service are entitled to military benefits under .
(9)
Section 2603, Acceptance of fellowships, scholarships, or grants.
(10)
1 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.
(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.

July 1, 1944, ch. 373Aug. 10, 1956, ch. 1041, § 470A Stat. 619Pub. L. 85–861, § 472 Stat. 1547Pub. L. 86–160, § 373 Stat. 359Pub. L. 87–555, § 276 Stat. 244Pub. L. 88–132, § 5(k)77 Stat. 214Pub. L. 88–431, § 1(d)78 Stat. 440Pub. L. 89–538, § 3(b)80 Stat. 348Pub. L. 92–425, § 586 Stat. 713Pub. L. 96–76, title III, § 31293 Stat. 586Pub. L. 96–513, title V, § 507(f)(2)94 Stat. 2920Pub. L. 99–117, § 499 Stat. 492Pub. L. 105–85, div. A, title VI, § 653(a)111 Stat. 1804Pub. L. 107–107, div. A, title VI, § 653(a)115 Stat. 1153Pub. L. 112–144, title XI, § 1129126 Stat. 1118Pub. L. 116–136, div. A, title III, § 3214(d)134 Stat. 373(, title II, § 221, as added , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1036 of title 10Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A)127 Stat. 783, referred to in subsec. (a)(1), was repealed by , , .

Section 1370 of title 10Pub. L. 116–283, div. A, title V, § 508(a)(1)134 Stat. 3580section 1370 of Title 10section 1370a of Title 10section 508(c) of Pub. L. 116–283section 1370 of Title 10, referred to in subsec. (a)(3), was repealed and new sections 1370 and 1370a of Title 10, Armed Forces, were enacted by , , . For provisions stating that in determining retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to in such determination with respect to such officers is deemed to be a reference to , see , set out as a note under .

Pub. L. 103–337, div. A, title XVI, § 1662(k)(2)108 Stat. 3006Sections 1374 and 1376(a) of title 10, referred to in subsec. (a)(3), were repealed by , (3)(A)(i), , . See sections 12771 to 12774 of Title 10, Armed Forces.

section 1401 of title 10section 1401(a) of title 10Pub. L. 103–337, div. A, title XVI, § 1662(j)(2)108 Stat. 3004Formula No. 3 of , referred to in subsec. (a)(4), was struck from the table set forth in by , , .

Section 2634 of title 10Pub. L. 113–66, div. A, title VI, § 621(g)(1)127 Stat. 784, referred to in subsec. (a)(10), was repealed by , , .

Codification

section 316 of title 37Pub. L. 87–649, § 176 Stat. 451Section was formerly classified to prior to the general revision and enactment of Title 37, Pay and Allowances of the Uniformed Services, by , , .

Amendments

Pub. L. 116–136, § 3214(d)(1)2020—Subsec. (a)(19) to (21). , added pars. (19) to (21).

Pub. L. 116–136, § 3214(d)(2)(B)Subsec. (b). –(D), designated first and second sentences as pars. (1) and (2), respectively, and added par. (3).

Pub. L. 116–136, § 3214(d)(2)(A), substituted “Secretary of Health and Human Services or the designee of such Secretary” for “Secretary of Health, Education, and Welfare or his designee”.

Pub. L. 112–144, § 1129(a)2012—Subsec. (a)(18). , added par. (18).

Pub. L. 112–144, § 1129(b)Subsec. (b). , inserted at end “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.”

Pub. L. 107–1072001—Subsec. (a)(17). added cl. (17).

Pub. L. 105–851997—Subsec. (a)(16). added cl. (16).

Pub. L. 99–1171985—Subsec. (a)(15). added cl. (15).

Pub. L. 96–513section 1370 of title 101980—Subsec. (a)(3). inserted reference to .

Pub. L. 96–761979—Subsec. (a)(12) to (14). added cls. (12) to (14).

Pub. L. 92–4251972—Subsec. (a)(5). substituted “Retired Serviceman’s Family Protection Plan; Survivor Benefit Plan” for “Annuities Based on Retired or Retainer Pay”.

Pub. L. 89–5381966—Subsec. (a)(11). added cl. (11).

Pub. L. 88–4311964—Subsec. (a)(10). added cl. (10).

Pub. L. 88–1321963—Subsec. (b). inserted reference to Secretary of Defense.

Pub. L. 87–5551962—Subsec. (a). 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).

Pub. L. 86–1601959—Subsec. (a). added cl. (1) and renumbered former cls. (1) to (7) as (2) to (8).

Pub. L. 85–861section 1374 of title 101958—Subsec. (a). 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 in cl. (2), as renumbered, struck out “Care of the Dead” after “Benefits” in cl. (5), as renumbered, and added cl. (6).

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” in subsec. (b) pursuant to , which is classified to , Education.

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 653(c)111 Stat. 1804

section 857a of Title 33“The amendments made by this section [amending this section and former , Navigation and Navigable Waters] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1980 Amendment

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

Effective Date of 1963 Amendment

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

Rules and Regulations; Savings Deposit Benefits

section 1035 of Title 10section 3(c) of Pub. L. 89–538section 1035 of Title 10Regulations 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 , Armed Forces, see , set out as a note under .

Designation of Beneficiary Made Before January 1, 1956

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

Executive Documents

Transfer of Functions

80 Stat. 1610section 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 .