An Act to amend the Public Health Service Act to authorize the President to make the commissioned corps a military service in time of emergency involving the national defense, and to authorize payment of uniform allowances to officers of the corps in certain grades when required to wear the uniform, and for other purposes
PL 84-492 (S.2587), enacted 04/27/1956

116 
PUBLIC LAW 492-APR. 27, 1956 
[70 S T A T . 
AprU 27,1956 
[S. 2587] 
Public Law 492 
C H A P T E R 211 
AN ACT 
To amend the Public Health Service Act to authorize the President to make the 
commissioned corps a military service in time of emergency involving the 
national defense, and to authorize payment of uniform allowances to officers 
of the corps in certain grades when required to wear the uniform, and for other 
purposes. 
Public 
H e a l t h 
Servlcea 
58 Stat. 690. 
58 Stat. 689. 
Uniform a l l o w -
ance. 
{52 SUt. 40; 58 
St^t. 685. 
62 Stat. 40,41. 
Reappointment. 
Service credit. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemihled^ That section 216 
of the Public Health Service Act (42 U. S. C. 217) is amended to read 
as follows: 
u 
USE OF SERVICE IN TIME OF AVAR OR EMERGENCY 
"SEC. 216. In time of war, or of emergency proclaimed by the Presi-
dent, he may utilize the Service to such extent and in such manner 
as shall in his judgment promote the public interest. 
In time of war, 
or of emergency involving the national defense proclaimed by the 
President, he may by Executive order declare the commissioned corps 
of the Service to be a military service. Upon such declaration, and 
during the period of such w^ar or such emergency or such part thereof 
as the President shall prescribe, the commissioned corps (a) shall 
constitute a branch of the land and naval forces of the United States, 
(b) shall, to the extent prescribed by regulations of the President, 
be subject to the Uniform Code of Military Justice, and (c) shall 
continue to operate as part of the Service except to the extent that 
the President may direct as Commander in Chief." 
SEO. 2. (a) Section 213 of the Public Health Service Act (42 
U. S. C. 214) is amended to read as follows: 
"SEC. 213. An allowance of $250 for uniforms and equipment is 
authorized to be paid to each commissioned officer of the Service on 
active duty when required by directive of the Surgeon General to wear 
a uniform, if at such time the officer is receiving the pay of the junior 
assistant, assistant, or senior assistant grade; except that no officer 
who has received such an allowance from the Service shall at any time 
thereafter be entitled to any further allowance." 
(b) Section 707 of the Act of July 1,1944 (58 Stat. 713), so renum-
bered by section 5 of the Act of August 13, 1946 (60 Stat. 1049; 42 
U. S. C. 214, note), is repealed. 
SEC. 3. (a) Section 207 (a) (1) of the Public Health Service Act 
(42 U. S. C. 209 (a) (1)) is amended by striking out the words "sub-
section (b)" and inserting in lieu thereof "subsections (b) and (e)". 
(b) Section 207 of such Act (42 U. S. C. 209) is amended by redesig-
nating subsections (e), (f), (g),and (h) as subsections (f), (g), (h), 
and (i) respectively and by adding immediately following subsection 
(d) a new subsection (e) as follows: 
"(e) (1) A former officer of the Regular Corps may, if application 
for appointment is made within two years after the date of the ter-
mination of his prior commission in the Regular Corps, be reappointed 
to the Regular Corps without examination, except as the Surgeon 
General may otherwise prescribe, and without regard to the numerical 
limitations of subsection (b). 
"(2) Reappointments pursuant to this subsection may be made to 
the permanent grade held by the former officer at the time of the 
termination of his prior commission, or to the next higher grade if such 
officer meets the eligibility requirements prescribed by regulation for 
original appointment to such higher grade. 
For purposes of pay, 
promotion, and seniority in grade, such reappointed officer shall receive 
the credits for service to which he would be entitled if such appointment 
70 S T A T . ] 
PUBLIC LAW 492-APR. 27, 1956 
117 
were an original appointment, but in no event less than the credits he 
held at the time his prior commission was terminated, except that if 
such officer is reappointed to the next higher grade he shall receive no 
credit for seniority in grade. 
"(3) No former officer shall be reappointed pursuant to this sub-
section unless he shall meet such standards as the Secretary may 
Drescribe." 
(c) (1) Section 207 (a) (2) of such Act (42 U. S. C. 209 (a\ (2)) 
is amended by striking out "a period of not more than five years", and 
inserting in lieu thereof "an indefinite period". 
(2) The enactment of paragraph (1) of this subsection shall not 
affect the term of the commission of any officer in the Reserve Corps 
in effect on the date of such enactment unless such officer consents in 
writing to the extension of his commission for an indefinite period, in 
which event his commission shall be so extended without the necessity 
of a new appointment. 
SEC. 4. (a) Section 210 (d) (2) of the Public Health Service Act 
(42 U. S. C. 211 (d) (2)) is amended by striking out "pay period and 
for purposes of". 
SEC. 5. (a) The first sentence of section 211 (a) of the Public Health 
Service Act (42 U. S. C. 212 (a)) is amended by striking out "active 
commissioned service" and inserting in lieu thereof "active commis-
sioned or noncommissioned service". 
(b) Section 211 (b) (1) of such Act (42 U. S. C. 212 (b) (1)) is 
amended by striking out "active commissioned service, including 
any such service in the Army, Navy, or Coast Guard" and inserting in 
lieu thereof "active commissioned or noncommissioned service in the 
Service, including any active commissioned service in the Armed 
Forces". 
(c) Section 211 (c) of such Act (42 U. S. C. 212 (c)) is amended 
to read as follows: 
"(c) A commissioned officer who has been retired under the provi-
sions of this section may, (1), if an officer of the Eegular Corps, be 
involuntarily recalled to active duty during such times as the Corps 
may constitute a branch of the land and naval forces of the United 
States, and (2), if an officer of either the Regular Corps or the Reserve 
Corps, be recalled to active duty at any time with his consent." 
(d) The proviso of the paragraph headed "RETIRED PAT OF COM-
MISSIONED OFFICERS", in chapter 296, 67 Statutes at Large 245, which 
appears at page 254 (42 U. S. C. 212b) and which reads as follows: 
^''Provided^ That hereafter a commissioned officer of the Public Health 
Service who has been retired may be recalled to active duty, other 
than in time of war, with his consent", is repealed. 
(e) Section 706 of the Act of July 1,1944 (58 Stat. 713), so renum-
bered by section 5 of the Act of August 13, 1946 (60 Stat. 1049), as 
amended (42 tJ. S. C. 230), is repealed. 
SEC. 6. (a) Section 218 (a) of the Public Health Service Act (42 
U. S. C. 218a (a)) is amended (1) by striking out the words "in the 
Regular Corps", and (2) by striking out the words "any educational 
institution" and inserting in lieu thereof the words "any Federal or 
non-Federal educational institution or training program". 
(b) Section 218 (b) of such Act (42 U. S. C. 218a (b)) is amended 
to read as follows: 
"(b) Any officer whose tuition and fees are paid pursuant to sub-
section (a) while attending an educational institution or training 
program for a period in excess of thirty days shall be obligated to 
reimburse the Service for such tuition and fees if thereafter he volun-
tarily leaves the Service within whichever of the following periods of 
active service is the greater: (1) six months, or (2) twice the period 
62 Stat. 40. 
Terms of commis-
sion. 
62 Stat. 43. 
62 Stat. 46. 
63 Stat. 835. 
63 Stat. 835. 
Recall to active 
duty. 
62 Stat. 47. 
62 Stat. 47. 
62 Stat. 47. 
Reimbursement 
for education. 
118 
PUBLIC LAW 493-APR. 27, 1956 
[70 
S T A T . 
of such attendance but in no event more than two years. 
Such subse-
quent period of service shall commence upon the cessation of such 
attendance and of any further continuous period of training duty 
for which no tuition and fees are paid by the Service and which is 
part of the officer's prescribed formal training program, whether such 
further training is at a Service facility or otherwise. 
The Surgeon 
General may waive, in whole or in part, any reimbursement which 
may be required by this subsection upon a determination that such 
reimbursement would be inequitable or would not be in the public 
interest. 
Approved April 27, 1956. 
Public Law 493 
CHAPTER 212 
April 27. 1956 
JOINT RESOLUTION 
[H. J. Res. 444] 
(ji^ authorize and request the Presitlent to issue a proclamation in connection 
with the centennial of the birth of Woodrow Wilson. 
Woodrow Wilson 
Centennial C e 1 e-
b r a t i o n Commis-
sion. 
Proclamation. 
Resolved hy the Senate and House of Representatives 
of the United 
States of Ainerica in Congress assembled^ That the joint resolution 
entitled "Joint resolution to establish the Woodrow Wilson Centennial 
Celebration Commission, and for other purposes", approved August 
30, 1954 (68 Stat. 964), is amended by adding at the end thereof the 
following new section: 
"SEC. 6. The President is authorized and requested to issue a procla-
mation, as soon as practicable in the year 1956, inviting the people of 
the United States to observe the centennial anniversary of the birth 
of Woodrow Wilson with appropriate ceremonies and activities during 
that year." 
Approved April 27, 1956. 
Public Law 494 
CHAPTER 213 
AN ACT 
April 27, 1956 
[s- 2755] 
rpy designate the reservoir above the Monticello Dam in California as Lake 
Berryessa. 
Lake Berryessa. 
Be it ena,cted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the reservoir 
located above the Monticello Dam in Napa County, California, shall 
hereafter be know n as Lake Berryessa, and any law, regulation, docu-
ment, or record of the United States in which such reservoir is 
designated or referred to shall be held to refer to such reservoir under 
and by the name of Lake Berryessa. 
Approved April 27, 1956. 
April 2 7, 1956 
[H. R. 6712] 
Public Law 495 
CHAPTER 214 
AN ACT 
To amend section 1237 of the Internal Revenue Code of 1954. 
Taxes. 
Capital gains. 
68A Stat. 330. 
26 u s e 1237. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That section 1237 (a) 
of the Internal Kevenue Code of 1954 is amended by striking out "other 
than a corporation" and inserting: "(including corporations only if 
no shareholder directly or indirectly holds real property for sale to