§857. Service for purposes of servicemen's and veterans' benefits

Active service of commissioned officers of the National Oceanic and Atmospheric Administration shall be deemed to be active military service 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 title 42, and for the purposes of section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950.

(May 22, 1917, ch. 20, §16, 40 Stat. 88 ; Aug. 1, 1956, ch. 837, title V, §501(d)(1), 70 Stat. 883 ; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 102–54, §13(m)(2), June 13, 1991, 105 Stat. 277 .)

References in Text

The Servicemens' Indemnity Act of 1951, referred to in text, 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 of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, §502(9), 70 Stat. 886 .

Section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950, referred to in text, means section 410 of Title 42, The Public Health and Welfare, as in effect prior to Sept. 1, 1950, which was the effective date of section 105 of act Aug. 28, 1950, ch. 809, title I, 64 Stat. 492 , which struck out the former provisions of section 410.

Codification

Section is part of section 16 of Act May 22, 1917. Section 16 is also classified to sections 854, 855, 856 and 858 of this title.

Amendments

1991-Pub. L. 102–54 substituted "Secretary of Veterans Affairs" for "Veterans' Administration".

1956-Act Aug. 1, 1956, substituted provision that active service of commissioned officers shall be deemed to be active military service for the purposes of all laws administered by the Veterans' Administration (except the Servicemen's Indemnity Act of 1951) and section 417 of title 42, and for the purposes of section 410 of title 42 as in effect prior to the Social Security Act Amendments of 1950 for former provision granting the benefit of all provisions of law relating to disability incurred in line of duty or loss of life to members of the Coast and Geodetic Survey while actually employed in active service under orders of the War or Navy Department.

Effective Date of 1956 Amendment; Applicability

Section 501(d)(2) of act Aug. 1, 1956, provided that: "The amendment made by this subsection [to this section] (A) shall apply only with respect to service performed on or after July 29, 1945, (B) shall not be construed to affect the entitlement of any person to benefits under the Veterans' Readjustment Assistance Act of 1952 [section 901 et seq. of former Title 38, Pensions, Bonuses and Veterans' Relief], (C) shall not be construed to authorize any payment under section 202(i) of the Social Security Act [section 402(i) of Title 42, The Public Health and Welfare], or under Veterans Regulation Numbered 9(a) [formerly classified to Chapter 12A of former title 38], 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

Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451 , provided that in the interpretation of sections 855, 856, 857, and 858 of this title, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by the Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

Section Referred to in Other Sections

This section is referred to in section 854a–1 of this title.