42 U.S.C. § 215 — Detail of Service personnel

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 Repealed.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 Page 83 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 215 and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TRANSFERS OF PERSONNEL OCCASIONED BY CREATION OF THE ENVIRONMENTAL PROTECTION AGENCY Pub. L. 91–604, § 15(b)(1)–(8)(A), Dec. 31, 1970, 84 Stat. 1710–1712, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: ‘‘(1) Subject to such requirements as the Civil Service Commission may prescribe, any commissioned officer of the Public Health Service (other than an officer who retires under section 211 of the Public Health Service Act [42 U.S.C. 212] after his election but prior to his transfer pursuant to this paragraph and paragraph (2)) who, upon the day before the effective date of Reorga- nization Plan Numbered 3 of 1970 (hereinafter in this subsection referred to as the ‘plan’), is serving as such officer (A) primarily in the performance of functions transferred by such plan to the Environmental Protec- tion Agency or its Administrator (hereinafter in this subsection referred to as the ‘Agency’ and the ‘Admin- istrator,’ respectively), may, if such officer so elects, acquire competitive status and be transferred to a com- petitive position in the Agency; or (B) primarily in the performance of functions determined by the Secretary of Health, Education, and Welfare (hereinafter in this subsection referred to as the ‘Secretary’) to be materi- ally related to the functions so transferred, may, if au- thorized by agreement between the Secretary and the Administrator, and if such officer so elects, acquire such status and be so transferred. ‘‘(2) An election pursuant to paragraph (1) shall be ef- fective only if made in accordance with such proce- dures as may be prescribed by the Civil Service Com- mission (A) before the close of the 24th month after the effective date of the plan [Dec. 2, 1970], or (B) in the case of a commissioned officer who would be liable for training and service under the Military Selective Serv- ice Act of 1967 [50 U.S.C. 3801 et seq.] but for the oper- ation of section 6(b)(3) thereof (50 U.S.C. App. 456(b)(3)) [now 50 U.S.C. 3806(b)(3)], before (if it occurs later than the close of such 24th month) the close of the 90th day after the day upon which he has completed his 24th month of service as such officer. ‘‘(3)(A) Except as provided in subparagraph (B), any commissioned officer of the Public Health Service who, pursuant to paragraphs (1) and (2), elects to transfer to a position in the Agency which is subject to chapter 51 and subchapter III of chapter 53 of title 5, United States Code (hereinafter in this subsection referred to as the ‘transferring officer’), shall receive a pay rate of the General Schedule grade of such position which is not less than the sum of the following amounts computed as of the day preceding the date of such election: ‘‘(i) the basic pay, the special pay, the continuation pay, and the subsistence and quarters allowances, to which he is annually entitled as a commissioned offi- cer of the Public Health Service pursuant to title 37, United States Code; ‘‘(ii) the amount of Federal income tax, as deter- mined by estimate of the Secretary, which the trans- ferring officer, had he remained a commissioned offi- cer, would have been required to pay on his subsist- ence and quarters allowances for the taxable year then current if they had not been tax free; ‘‘(iii) an amount equal to the biweekly average cost of the coverages designated ‘high option, self and family’ under the Government-wide Federal employee health benefits programs plans, multiplied by twen- ty-six; and ‘‘(iv) an amount equal to 7 per centum of the sum of the amounts determined under clauses (i) through (iii), inclusive. ‘‘(B) A transferring officer shall in no event receive, pursuant to subparagraph (A), a pay rate in excess of the maximum rate applicable under the General Sched- ule to the class of position, as established under chap- ter 51 of title 5, United States Code, to which such offi- cer is transferred pursuant to paragraphs (1) and (2). ‘‘(4)(A) A transferring officer shall be credited, on the day of his transfer pursuant to his election under para- graphs (1) and (2), with one hour of sick leave for each week of active service, as defined by section 211(d) of the Public Health Service Act [42 U.S.C. 212(d)]. ‘‘(B) The annual leave to the credit of a transferring officer on the day before the day of his transfer, shall, on such day of transfer, be transferred to his credit in the Agency on an adjusted basis under regulations pre- scribed by the Civil Service Commission. The portion of such leave, if any, that is in excess of the sum of (i) 240 hours, and (ii) the number of hours that have accrued to the credit of the transferring officer during the cal- endar year then current and which remain unused, shall thereafter remain to his credit until used, and shall be reduced in the manner described by subsection (c) of section 6304 of title 5, United States Code. ‘‘(5) A transferring officer who is required to change his official station as a result of his transfer under this subsection shall be paid such travel, transportation, and related expenses and allowances, as would be pro- vided pursuant to subchapter II of chapter 57 of title 5, United States Code, in the case of a civilian employee so transferred in the interest of the Government. Such officer shall not (either at the time of such transfer or upon a subsequent separation from the competitive service) be deemed to have separated from, or changed permanent station within, a uniformed service for pur- poses of [former] section 474 of title 37, United States Code. ‘‘(6) Each transferring officer who prior to January 1, 1958, was insured pursuant to the Federal Employees’ Group Life Insurance Act of 1954, and who subsequently waived such insurance, shall be entitled to become in- sured under chapter 87 of title 5, United States Code, upon his transfer to the Agency regardless of age and insurability. ‘‘(7)(A) Effective as of the date a transferring officer acquires competitive status as an employee of the Agency, there shall be considered as the civilian serv- ice of such officer for all purposes of chapter 83, title 5, United States Code, (i) his active service as defined by section 211(d) of the Public Health Service Act [42 U.S.C. 212(d)], or (ii) any period for which he would have been entitled, upon his retirement as a commis- sioned officer of the Public Health Service, to receive retired pay pursuant to section 211(a)(4)(B) of such Act [42 U.S.C. 212(a)(4)(B)]; however, no transferring officer may become entitled to benefits under both subchapter III of such chapter and title II of the Social Security Act [42 U.S.C. 401 et seq.] based on service as such a commissioned officer performed after 1956, but the indi- vidual (or his survivors) may irrevocably elect to waive benefit credit for the service under one such law to se- cure credit under the other. ‘‘(B) A transferring officer on whose behalf a deposit is required to be made by subparagraph (C) and who, after transfer to a competitive position in the Agency under paragraphs (1) and (2), is separated from Federal service or transfers to a position not covered by sub- chapter III of chapter 83 of title 5, United States Code, shall not be entitled, nor shall his survivors be entitled, to a refund of any amount deposited on his behalf in ac- cordance with this section. In the event he transfers, after transfer under paragraphs (1) and (2), to a position covered by another Government staff requirement sys- tem under which credit is allowable for service with re- spect to which a deposit is required under subparagraph (C), no credit shall be allowed under such subchapter III with respect to such service. ‘‘(C) The Secretary shall deposit in the Treasury of the United States to the credit of the Civil Service Re- tirement and Disability Fund, on behalf of and to the credit of such transferring officer, an amount equal to Page 84 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 216 that which such individual would be required to deposit in such fund to cover the years of service credited to him for purposes of his retirement under subparagraph (A), had such service been service as an employee as de- fined in section 8331(1) of title 5, United States Code. The amount so required to be deposited with respect to any transferring officer shall be computed on the basis of the sum of each of the amounts described in para- graph (3)(A) which were received by, or accrued to the benefit of, such officer during the years so credited. The deposits which the Secretary is required to make under this subparagraph with respect to any transfer- ring officer shall be made within two years after the date of his transfer as provided in paragraphs (1) and (2), and the amounts due under this subparagraph shall include interest computed from the period of service credited to the date of payment in accordance with sec- tion 8334(e) of title 5, United States Code. ‘‘(8)(A) A commissioned officer of the Public Health Service, who, upon the day before the effective date of the plan, is on active service therewith primarily as- signed to the performance of functions described in paragraph (1)(A), shall, while he remains in active serv- ice, as defined by section 211(d) of the Public Health Service Act [42 U.S.C. 212(d)], be assigned to the per- formance of duties with the Agency, except as the Sec- retary and the Administrator may jointly otherwise provide.’’ 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. Of- fice of Surgeon General, abolished by section 3 of Reorg. Plan No. 3 of 1966, reestablished within the Of- fice of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 216. Regulations (a) Prescription by President: appointments, re- tirement, etc. The President shall from time to time pre- scribe regulations with respect to the appoint- ment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign serv- ice), and discipline of the commissioned corps of the Service. (b) Promulgation by Surgeon General; adminis- tration of Service The Surgeon General, with the approval of the Secretary, unless specifically otherwise pro- vided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to uniforms for employees, and regulations with respect to the custody, use, and preservation of the records, papers, and property of the Service. (c) Preference to school of medicine No regulation relating to qualifications for ap- pointment of medical officers or employees shall give preference to any school of medicine. (July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690; Oct. 12, 1949, ch. 681, title V, § 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) Editorial Notes AMENDMENTS 1949—Subsec. (b). Act Oct. 12, 1949, struck out ref- erences to travel and transportation of household goods and effects. 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 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. 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. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan- uary 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 217. Use of Service in time of war or emergency In time of war, or of emergency proclaimed by the President, 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 de- fense 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 war 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 [10 U.S.C. 801 et seq.], and (c)