42 U.S.C. § 214 — Presentation of United States flag upon re-

Page 81 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 214 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87–649, § 1, Sept. 7, 1962, 76 Stat. 451. AMENDMENTS 2020—Subsec. (a)(19) to (21). Pub. L. 116–136, § 3214(d)(1), added pars. (19) to (21). Subsec. (b). Pub. L. 116–136, § 3214(d)(2)(B)–(D), des- ignated 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’’. 2012—Subsec. (a)(18). Pub. L. 112–144, § 1129(a), added par. (18). Subsec. (b). Pub. L. 112–144, § 1129(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.’’ 2001—Subsec. (a)(17). Pub. L. 107–107 added cl. (17). 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 ‘‘Re- tired Serviceman’s Family Protection Plan; Survivor Benefit Plan’’ for ‘‘Annuities Based on Retired or Re- tainer 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). Notwith- standing directory language that section be amended by ‘‘adding the following new clause at the end there- of’’, the amendment was executed to subsec. (a) to re- flect 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 re- numbered former cls. (1) to (7) as (2) to (8). 1958—Subsec. (a). Pub. L. 85–861 substituted ‘‘provi- sions’’ for ‘‘chapters’’ in opening clause, struck out former cl. (1) which related to chapter 55 of title 10, re- numbered 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 re- numbered, struck out ‘‘Care of the Dead’’ after ‘‘Bene- fits’’ in cl. (5), as renumbered, and added cl. (6). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title VI, § 653(c), Nov. 18, 1997, 111 Stat. 1804, provided that: ‘‘The amendments made by this section [amending this section and former sec- tion 857a of Title 33, Navigation and Navigable Waters] shall apply only to adoptions that are completed on or after the date of the enactment of this Act [Nov. 18, 1997].’’ 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 Allow- ances of the Uniformed Services. RULES AND REGULATIONS; SAVINGS DEPOSIT BENEFITS Regulations prescribed by the Secretary of Health, Education, and Welfare [now Health and Human Serv- ices] 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. 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. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees 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. § 214. Presentation of United States flag upon re- tirement (a) Presentation of flag Upon the release of an officer of the commis- sioned corps of the Service from active commis- sioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer. (b) Multiple presentations not authorized An officer is not eligible for presentation of a flag under subsection (a) if the officer has pre- viously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) No cost to recipient The presentation of a flag under this section shall be at no cost to the recipient. (July 1, 1944, ch. 373, title II, § 213, as added Pub. L. 106–65, div. A, title VI, § 652(b), Oct. 5, 1999, 113 Stat. 665.) Editorial Notes PRIOR PROVISIONS A prior section 214, acts July 1, 1944, ch. 373, title II, § 213, 58 Stat. 689; Apr. 27, 1956, ch. 211, § 2(a), 70 Stat. 116, authorized allowances for uniforms, prior to repeal by Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499. See section 415 of Title 37, Pay and Allowances of the Uni- formed Services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to releases from serv- ice described in section on or after Oct. 1, 1999, see sec- tion 652(d) of Pub. L. 106–65, set out as a note under sec- tion 12605 of Title 10, Armed Forces. Page 82 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 214a 1 So in original. Probably should be followed by a comma. § 214a. Repealed. Sept. 1, 1954, ch. 1211, § 5, 68 Stat. 1130 Section, act July 31, 1953, ch. 296, title II, § 204, 67 Stat. 257, related to allowances for use of taxicabs, etc., around duty posts. § 215. Detail of Service personnel (a) Other Government departments The Secretary is authorized, upon the request of the head of an executive department, to detail officers or employees of the Service to such de- partment for duty as agreed upon by the Sec- retary and the head of such department in order to cooperate in, or conduct work related to, the functions of such department or of the Service. When officers or employees are so detailed their salaries and allowances may be paid from work- ing funds established as provided by law or may be paid by the Service from applicable appro- priations and reimbursement may be made as agreed upon by the Secretary and the head of the executive department concerned. Officers detailed for duty with the Army, Air Force, Navy, or Coast Guard shall be subject to the laws for the government of the service to which detailed. (b) State health or mental health authorities Upon the request of any State health author- ity or, in the case of work relating to mental health, any State mental health authority, per- sonnel of the Service may be detailed by the Surgeon General for the purpose of assisting such State or a political subdivision thereof in work related to the functions of the Service. (c) Congressional committees and nonprofit edu- cational, research, or other institutions en- gaged in health activities for special studies and dissemination of information The Surgeon General may detail personnel of the Service to any appropriate committee of the Congress or to nonprofit educational, research 1 or other institutions engaged in health activi- ties for special studies of scientific problems and for the dissemination of information relating to public health. (d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc. Personnel detailed under subsections (b) and (c) shall be paid from applicable appropriations of the Service, except that, in accordance with regulations such personnel may be placed on leave without pay and paid by the State, sub- division, or institution to which they are de- tailed. In the case of detail of personnel under subsections (b) or (c) to be paid from applicable Service appropriations, the Secretary may con- dition such detail on an agreement by the State, subdivision, or institution concerned that such State, subdivision, or institution concerned shall reimburse the United States for the amount of such payments made by the Service. The services of personnel while detailed pursu- ant to this section shall be considered as having been performed in the Service for purposes of the computation of basic pay, promotion, retire- ment, compensation for injury or death, and the benefits provided by section 213 of this title. (e) Commissioned Corps officers; urgent or emer- gency public health care needs Except with respect to the United States Coast Guard and the Department of Defense, and except as provided in agreements negotiated with officials at agencies where officers of the Commissioned Corps may be assigned, the Sec- retary shall have the sole authority to deploy any Commissioned Corps officer assigned under this section to an entity outside of the Depart- ment of Health and Human Services for service under the Secretary’s direction in response to an urgent or emergency public health care need (as defined in section 204a(a)(5) of this title). (July 1, 1944, ch. 373, title II, § 214, 58 Stat. 690; July 3, 1946, ch. 538, § 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, § 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, § 309, Sept. 29, 1979, 93 Stat. 585; Pub. L. 109–417, title II, § 206(c)(1), Dec. 19, 2006, 120 Stat. 2853.) Editorial Notes CODIFICATION In subsec. (a), Air Force was inserted on the author- ity of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Depart- ment of the Air Force, and Secretary of Defense Trans- fer Order No. 40 [App. A(74)], July 22, 1949, which trans- ferred certain functions, insofar as they pertain to the Air Force, which were not previously transferred to the Department of the Air Force and Secretary of the Air Force. Section 207(a), (f) of act July 26, 1947, was re- pealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’, which in sections 8010 to 8013 con- tinued the Department of the Air Force under the ad- ministrative supervision of a Secretary of the Air Force. AMENDMENTS 2006—Subsec. (e). Pub. L. 109–417 added subsec. (e). 1979—Subsec. (c). Pub. L. 96–76, § 309(a), inserted pro- visions authorizing detail of personnel to appropriate committees of Congress. Subsec. (d). Pub. L. 96–76, § 309(b), inserted provisions relating to agreements by States, etc., for reimburse- ment upon detail of personnel. 1949—Subsec. (d). Act Oct. 12, 1949, substituted ‘‘the computation of basic pay’’ for ‘‘longevity pay’’. 1946—Subsec. (b). Act July 3, 1946, provided for detail of personnel on request from a State mental health au- thority. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (a), (d), and (e), and ‘‘Department of Health and Human Services’’ substituted for ‘‘Depart- ment of Health, Education, and Welfare’’ in subsec. (e), pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities