42 U.S.C. § 218a — Training of officers

Page 89 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 218a less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. EXPIRATION OF TERMS OF OFFICE ON SEPTEMBER 30, 1950 Act Aug. 15, 1950, ch. 714, § 3(c), 64 Stat. 446, provided in part that terms of office as members of national ad- visory councils pursuant to this section subsisting on Sept. 30, 1950, shall expire at the close of business on such day. TERMINATION OF NATIONAL ADVISORY HEALTH COUNCIL Pub. L. 99–158, § 3(a)(1), Nov. 20, 1985, 99 Stat. 878, pro- vided that: ‘‘The National Advisory Health Council es- tablished under section 217 [42 U.S.C. 218] is termi- nated.’’ TERMINATION OF ADVISORY COMMITTEES Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. 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. For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from Secretary of the Army to Secretary of the Air Force and from Department of the Army to Department of the Air Force, see Sec- retary of Defense Transfer Order No. 40 [App. C(7)], July 22, 1949. § 218a. Training of officers (a) In general Appropriations available for the pay and al- lowances of commissioned officers of the Service shall also be available for the pay and allow- ances of any such officer on active duty while attending any Federal or non-Federal edu- cational institution or training program and, subject to regulations of the President and to the limitation prescribed in such appropriations, for payment of his tuition, fees, and other nec- essary expenses incident to such attendance. (b) Voluntary separation within period subse- quent to attendance Any officer whose tuition, fees, and other nec- essary expenses are paid pursuant to subsection (a) while attending an educational institution or training program for a period in excess of thirty days shall be obligated to pay to the Service an amount equal to two times the total amount of such tuition, fees, and other necessary expenses received by such officer during such period, and two times the total amount of any compensa- tion received by, and any allowance paid to, such officer during such period, if after return to active service such officer voluntarily leaves the Service within (1) six months, or (2) twice the period of such attendance, whichever is greater. Such subsequent period of service shall com- mence 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 pre- scribed formal training program, whether such further training is at a Service facility or other- wise. The Surgeon General may waive, in whole or in part, any payment which may be required by this subsection upon a determination that such payment would be inequitable or would not be in the public interest. (c) Training in leave without pay status A commissioned officer may be placed in leave without pay status while attending an edu- cational institution or training program when- ever the Secretary determines that such status is in the best interest of the Service. For pur- poses of computation of basic pay, promotion, retirement, compensation for injury or death, and the benefits provided by sections 213 and 233 of this title, an officer in such status pursuant to the preceding sentence shall be considered as performing service in the Service and shall have an active service obligation as set forth in sub- section (b) of this section. (July 1, 1944, ch. 373, title II, § 218, as added Feb. 28, 1948, ch. 83, § 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, § 6, 70 Stat. 117; Pub. L. 96–76, title III, § 310, Sept. 29, 1979, 93 Stat. 585; Pub. L. 105–392, title IV, § 402(b), Nov. 13, 1998, 112 Stat. 3588.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–392 added subsec. (c). 1979—Subsec. (b). Pub. L. 96–76 substituted provisions relating to payment by an officer to the Service upon voluntary separation of two times the total amount of tuition, fees, and other necessary expenses received by such officer and two times the total amount of any compensation received by, and any allowance paid to, such officer, for provisions relating to reimbursement by the officer to the Service upon voluntary separation of tuition and fees and in last sentence substituted ‘‘payment’’ for ‘‘reimbursement’’ wherever appearing. 1956—Subsec. (a). Act Apr. 27, 1956, § 6(a), authorized training of all officers of the Service, and substituted ‘‘any Federal or non-Federal educational institution or training program’’ for ‘‘any educational institution’’. Subsec. (b). Act Apr. 27, 1956, § 6(b), required reim- bursement of tuition and fees by officers who receive training in excess of 30 days and who voluntarily leave the Service within a period of time which is equal to twice the period of such training, with a minimum pe- riod of six months of service, and a maximum period of two years, and permitted the Surgeon General to waive any reimbursement. 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. (c) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Page 90 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 219 to 224 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. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. §§ 219 to 224. Transferred Editorial Notes CODIFICATION Section 219, acts July 1, 1944, ch. 373, title V, § 501, 58 Stat. 709; July 3, 1946, ch. 538, § 10, 60 Stat. 425; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 15, 1968, Pub. L. 90–574, title V, § 503(b), 82 Stat. 1012; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, which related to gifts for the benefit of the Service, was successively renumbered by subsequent acts and trans- ferred, see section 238 of this title. Section 220, act July 1, 1944, ch. 373, title V, § 502, 58 Stat. 710, which related to use of immigration station hospitals, was successively renumbered by subsequent acts and transferred, see section 238a of this title. Section 221, act July 1, 1944, ch. 373, title V, § 503, 58 Stat. 710, which related to disposition of money col- lected for care of patients, was successively renum- bered by subsequent acts and transferred, see section 238b of this title. Section 222, acts July 1, 1944, ch. 373, title V, § 504, 58 Stat. 710, June 25, 1948, ch. 654, § 6, 62 Stat. 1018; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to care of Service patients at Saint Elizabeths Hospital, was renumbered section 2104 of act July 1, 1944, by Pub. L. 98–24 and transferred to section 300aa–3 of this title, renumbered section 2304 of act July 1, 1944, by Pub. L. 99–660 and transferred to section 300cc–3 of this title, and was repealed by Pub. L. 98–621, § 10(s), Nov. 8, 1984, 98 Stat. 3381. Section 223, act July 1, 1944, ch. 373, title V, § 505, 58 Stat. 710; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to settlement of claims, was renumbered section 2105 of act July 1, 1944, by Pub. L. 98–24 and transferred to section 300aa–4 of this title, and was repealed by Pub. L. 99–117, § 12(f), Oct. 7, 1985, 99 Stat. 495. See section 300cc–4 of this title. Section 224, acts July 1, 1944, ch. 373, title V, § 506, 58 Stat. 710; July 15, 1954, ch. 507, § 14(b), 68 Stat. 481, which related to transportation of remains of officers, was successively renumbered by subsequent acts and trans- ferred, see section 238c of this title. A new title V (§ 501 et seq.) of the Public Health Serv- ice Act was added by Pub. L. 98–24, § 2(b), Apr. 26, 1983, 97 Stat. 177, and is classified to subchapter III–A (§ 290aa et seq. of this title). § 225. Repealed. July 12, 1955, ch. 328, § 5(4), 69 Stat. 296 Section, acts July 1, 1944, ch. 373, title V, § 507, 58 Stat. 711; Feb. 25, 1946, ch. 35, § 2, 60 Stat. 30, provided for settlement of accounts of deceased officers. See sec- tion 2771 of Title 10, Armed Forces, and section 714 of Title 32, National Guard. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective as of effective date of payment provi- sions of sections 361 to 365 of former Title 37, Pay and Allowances, except with respect to the deaths of mem- bers, see section 5 of act July 12, 1955. §§ 225a to 227. Transferred Editorial Notes CODIFICATION Section 225a, act July 1, 1944, ch. 373, title V, § 507, as added June 24, 1967, Pub. L. 90–31, § 5, 81 Stat. 79; amend- ed Oct. 27, 1970, Pub. L. 91–513, title I, § 3(c), 84 Stat. 1241; Apr. 22, 1976, Pub. L. 94–278, title XI, § 1102(b), 90 Stat. 415; Oct. 7, 1980, Pub. L. 96–398, title VIII, § 804(b), 94 Stat. 1603; Aug. 13, 1981, Pub. L. 97–35, title IX, § 902(g)(2), 95 Stat. 560, which related to availability of appropriations for grants to Federal institutions, was successively renumbered by subsequent acts and trans- ferred, see section 238d of this title. A prior section 507 of act July 1, 1944, ch. 373, title V, providing for settlement of accounts of deceased offi- cers, was classified to section 225 of this title and sub- sequently repealed. Section 226, act July 1, 1944, ch. 373, title V, § 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, which related to transfer of funds between appropriations, was suc- cessively renumbered by subsequent acts and trans- ferred, see section 238e of this title. Section 227, acts July 1, 1944, ch. 373, title V, § 509 58 Stat. 711; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; June 25, 1948, ch. 654, § 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953 §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to availability of appropriations for car- rying out purposes of this chapter, was successively re- numbered by subsequent acts and transferred, see sec- tion 238f of this title. § 227a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 90–132, title II, § 204, Nov. 8, 1967, 81 Stat. 407, which provided that appropriations to the Public Health Service be available for research grants to hospitals of the Service, the Bureau of Prisons, De- partment of Justice, and to Saint Elizabeths Hospital, on the same terms and conditions as grants to non-Fed- eral institutions, was enacted as part of the Depart- ment of Health, Education, and Welfare Appropriation Act, 1968, and not as part of the Public Health Service Act which comprises this chapter, and was not repeated in subsequent appropriation acts. See section 300cc–6 of this title. Similar provisions were contained in the fol- lowing prior appropriation acts: Pub. L. 89–787, title II, § 204, Nov. 7, 1966, 80 Stat. 1400. Pub. L. 89–156, title II, § 204, Aug. 31, 1965, 79 Stat. 609. Pub. L. 88–605, title II, § 204, Sept. 19, 1964, 78 Stat. 979. Pub. L. 88–136, title II, § 204, Oct. 11, 1963, 77 Stat. 244. Pub. L. 87–582, title II, § 204, Aug. 14, 1962, 76 Stat. 379. Pub. L. 87–290, title II, § 206, Sept. 22, 1961, 75 Stat. 608. Pub. L. 86–703, title II, § 207, Sept. 2, 1960, 74 Stat. 773. Pub. L. 86–158, title II, § 210, Aug. 14, 1959, 73 Stat. 355. §§ 228 to 229d. Transferred Editorial Notes CODIFICATION Section 228, acts July 1, 1944, ch. 373, title V, § 510, 58 Stat. 711; June 25, 1948, ch. 645, § 5, 62 Stat. 859, which related to wearing of uniforms, was successively re- numbered by subsequent acts and transferred, see sec- tion 238g of this title. Section 229, act July 1, 1944, ch. 373, title V, § 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to an annual re-