U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER I— ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part Part A— Administration

42 U.S.C. § 213

Military benefits

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(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivorsExcept 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

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 the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and section 417 of this title.

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

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 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 50 U.S.C. 3901 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, title II, § 212, 58 Stat. 689; July 15, 1954, ch. 507, § 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V, § 501(b)(1), 70 Stat. 881; Pub. L. 94–278, title XI, § 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102–54, § 13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105–392, title IV, § 402(a), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 108–189, § 2(e), Dec. 19, 2003, 117 Stat. 2866.)Editorial NotesReferences in Text

The Servicemen’s Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, 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 Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886.

The Servicemembers Civil Relief Act, referred to in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, 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

2003—Subsec. (e). Pub. L. 108–189 substituted “Servicemembers Civil Relief Act” for “Soldiers’ and Sailors’ Civil Relief Act of 1940”.

1998—Subsec. (f). Pub. L. 105–392 added subsec. (f).

1991—Subsec. (d). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Veterans’ Administration”.

1976—Subsec. (e). Pub. L. 94–278 added subsec. (e).

1956—Act Aug. 1, 1956, 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 section 417 of this title.

1954—Subsec. (a)(1). Act July 15, 1954, struck out “burial payments in the event of death,” after “limited to,”.

Statutory Notes and Related SubsidiariesChange of Name

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

Effective Date of 1956 Amendment; Applicability

Act Aug. 1, 1956, ch. 837, title V, § 501(b)(2), 70 Stat. 882, provided that: “The amendment made by this subsection [amending this section] (A) shall apply only with respect to service performed on or after July 4, 1952, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans’ Readjustment Assistance Act of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [42 U.S.C. 402(i)], or under Veterans Regulation Numbered 9(a), for any death occurring prior to January 1, 1957, and (D) shall not be construed to authorize payment of any benefits for any period prior to January 1, 1957.”

Transfer of Functions

For 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Recomputation of Social Security Benefits for Officers Entitled to Old-Age Insurance Benefits Prior to January 1, 1957, or for Survivors of Officers Who Died Prior to January 1, 1957

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

“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 July 4, 1952, and ending December 31, 1956, or (ii) as a commissioned officer of the Coast and Geodetic Survey at any time during the period beginning July 29, 1945, and ending December 31, 1956; and“(B)(i) who became entitled to old-age insurance benefits under section 202(a) of the Social Security Act [42 U.S.C. 402(a)] prior to January 1, 1957, or“(ii) who died prior to January 1, 1957, 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 [42 U.S.C. 402]; and“(C) 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 [42 U.S.C. 415] 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,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 [42 U.S.C. 415(f)(1)], 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 [42 U.S.C. 402] 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 [42 U.S.C. 401 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 [42 U.S.C. 415(f)]. 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.”

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, 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 July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order Numbered 2571 dated April 3, 1917, 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: Provided, 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.”

Executive DocumentsTransfer 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.

Delegation of Authority

Memorandum of President of the United States, Dec. 30, 1992, 58 F.R. 3485, provided:

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

The authority of the President under section 212(b) of the Public Health Service Act (42 U.S.C. 213(b)) 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.
Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1950–2022 · leading case: Bostock v. Clayton Cnty., 590 U.S. 644 (2020).
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Bostock v. Clayton Cnty., 590 U.S. 644 (2020). · cites it 2× “§14702 (Appalachian Regional De- velopment; Nondiscrimination)  42 U. S. C. §213 (f ) (Military Benefits)  42 U.”
Gary Jackson v. Thomas Modly, 949 F.3d 763 (D.C. Cir. 2020). · cites it 2× “2008) (explaining that courts disagreed about whether the PHSCC was covered under Title VII and that “Congress responded to this debate by enacting the [HPEPA of 1998], which added subsection (f) to 42 U.S.C. § 213 (2000)”). To effect this clarification, the Congress chose the…”
Middlebrooks v. Leavitt, 525 F.3d 341 (4th Cir. 2008). · cites it 3× “Congress responded to this debate by enacting the Health Professions Education Partnerships Act of 1998, which added subsection (f) to 42 U.S.C. § 213 (2000). Pub.L. No. 105-392, § 402 (a), 112 Stat.”
Verbeck v. United States, 89 Fed. Cl. 47 (Fed. Cl. 2009). · cites it 3× “3524 (1998), which added a provision to 42 U.S.C. § 213 that provides, in relevant part, that “[a]ctive service of commissioned officers of the [PHS’ Commissioned Corps] shall be deemed to be active military service in the Armed Forces of the United States for purposes of all…”
Durand Hedin v. Tommy G. Thompson, Sec'y, United States Dep't of Health & Human Servs., 355 F.3d 746 (4th Cir. 2004). · cites it 2× “3524 , 3587-88 (1998), as codified at 42 U.S.C. § 213 (f). Relying on this provision, the district court held that “the anti discrimination provisions of Title VII and ADEA” under which Hedin sought to recover did not apply to him and so granted the Government’s motion to…”
Waller v. United States, 180 F.2d 194 (D.C. Cir. 1950). · cites it 4× “689 (1944), 42 U.S.C. § 213 (a) (1946), 42 U.S.C.A. § 213 (a) and (b), which codifies the laws relating to the Public Health Service, defines the benefits accruing to commissioned officers of *196 the Army which are accorded to Public Health Service officers.”
Wanner v. Glen Ellen Corp., 373 F. Supp. 983 (D. Vt. 1974). · cites it 4× “We conceive that in amending section 213(a) of the Public Health Service Act, 42 U.S.C. § 213 (a), in 1956, Congress was filling an interstice in section 511 of the Soldiers’ and Sailors’ Civil Relief Act created when the Public Health Service assumed an expanded role in the…”
Brooks v. United States, 65 Fed. Cl. 135 (Fed. Cl. 2005). “part of the military forces of the United States pursuant to Executive order,” 42 U.S.C. § 213 (a)(3). . At oral argument, plaintiffs counsel made several references to "an agency record” in this case.”
Diaz-Romero v. Mukasey, 514 F.3d 115 (1st Cir. 2008). “” The court noted that, pursuant to 42 U.S.C. § 213 (f) 3 , Diaz-Romero *118 was, at all times relevant to the complaint, deemed to be in active military service in the Armed Forces.”
Omega Indus., Inc. v. Raffaele, 894 F. Supp. 1425 (D. Nev. 1995). “Specifically, 42 U.S.C. § 213 (e) provides: Active service of commissioned officers of the [Public Health] Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immuni *1430 ties, and benefits…”
Diaz-Romero v. Ashcroft, 472 F. Supp. 2d 156 (D.P.R. 2007). “Pursuant to 42 U.S.C. § 213 (f), 4 he is deemed to be in active military service in the Armed Forces and hence, excluded from the provisions of Title VII, specifically 42 U.”
Smith v. Raytheon Co., 297 F. Supp. 2d 399 (D. Mass. 2004). “See 42 U.S.C. § 213 (a)(12) ("The provisions of .”
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