42 U.S.C. § 210 — Pay and allowances

Page 66 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 209c nurses to be appointed, their grades, and their length of service for purposes of pay and pay periods, was not re- peated in subsequent appropriation acts. Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857, which authorized appointment of fifty additional regular commissioned officers of which twenty-four were to be in grades above that of senior assistant, was not repeated in subsequent appropriation acts. § 209c. Repealed. Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499 Section, act July 3, 1945, ch. 263, title II, 59 Stat. 370, provided that for purposes of pay and pay period offi- cers appointed to grades above that of senior assistant pursuant to section 209b of this title shall be considered as having had on date of appointment service equal to that of junior officer of grade to which appointed. § 209d. Appointment of osteopaths as commis- sioned officers Graduates of colleges of osteopathy whose graduates are eligible for licensure to practice medicine or osteopathy in a majority of the States of the United States, or approved by a body or bodies acceptable to the Secretary, shall be eligible, subject to the other provisions of this Act, for appointment as commissioned med- ical officers in the Public Health Service. (Feb. 28, 1948, ch. 83, § 5(b), 62 Stat. 40; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62 Stat. 38. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. 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. § 210. Pay and allowances (a) Commissioned officers of Regular Corps and Ready Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses (1) Commissioned officers of the Regular Corps and Ready Reserve Corps shall be entitled to re- ceive such pay and allowances as are now or may hereafter be authorized by law. (2) For provisions relating to the receipt of special pay by commissioned officers of the Reg- ular Corps and Ready Reserve Corps while on ac- tive duty, see section 303a(b) or 373 of title 37. (b) Purchase of supplies Commissioned officers on active duty and re- tired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, shall be permitted to purchase supplies from the Army, Navy, Air Force, and Marine Corps at the same price as is charged officers thereof. (c) Members of national advisory or review coun- cils or committees Members of the National Advisory Health Council and members of other national advisory or review councils or committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, but exclud- ing ex officio members, while attending con- ferences or meetings of their respective councils or committees or while otherwise serving at the request of the Secretary, shall be entitled to re- ceive compensation at rates to be fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS–18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Govern- ment service employed intermittently. (d) Field employees Field employees of the Service, except those employed on a per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular part-time employment, may be paid an- nual compensation for such part-time duty and, in addition, such fees for such other services as the Surgeon General may determine; but in no case shall the total paid to any such employee for any fiscal year exceed the amount of the minimum annual salary rate of the classifica- tion grade of the employee. (e) Additional pay for service at Gillis W. Long Hansen’s Disease Center Any civilian employee of the Service who is employed at the Gillis W. Long Hansen’s Disease Center on April 7, 1986, shall be entitled to re- ceive, in addition to any compensation to which the employee may otherwise be entitled and for so long as the employee remains employed at the Center, an amount equal to one-fourth of such compensation. (f) Allowances included in fellowships Individuals appointed under section 209(g) of this title shall have included in their fellowships Page 67 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 210 such stipends or allowances, including travel and subsistence expenses, as the Surgeon Gen- eral may deem necessary to procure qualified fellows. (g) Positions in professional, scientific and exec- utive service; compensation; appointment The Secretary is authorized to establish and fix the compensation for, within the Public Health Service, not more than one hundred and seventy-nine positions, of which not less than one hundred and fifteen shall be for the National Institutes of Health, not less than five shall be for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism, not less than ten shall be for the National Center for Health Services Research, not less than twelve shall be for the National Center for Health Statistics, and not less than seven shall be for the National Center for Health Care Technology, in the pro- fessional, scientific, and executive service, each such position being established to effectuate those research and development activities of the Public Health Service which require the services of specially qualified scientific, professional and administrative personnel: Provided, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule nor more than (1) the highest rate of grade 18 of the General Schedule, or (2) in the case of two such posi- tions, the rate specified, at the time the service in the position is performed, for level II of the Executive Schedule (5 U.S.C. 5313); and such rates of compensation for all positions included in this proviso shall be subject to the approval of the Director of the Office of Personnel Man- agement. Positions created pursuant to this sub- section shall be included in the classified civil service of the United States, but appointments to such positions shall be made without com- petitive examination upon approval of the pro- posed appointee’s qualifications by the Director of the Office of Personnel Management or such officers or agents as it may designate for this purpose. (July 1, 1944, ch. 373, title II, § 208, formerly § 209, 58 Stat. 686; July 3, 1946, ch. 538, § 5(a), 60 Stat. 422; renumbered § 208 and amended Feb. 28, 1948, ch. 83, § 5(a), (g), (h), 62 Stat. 40; June 16, 1948, ch. 481, § 4(d), 62 Stat. 467; June 24, 1948, ch. 621, § 4(d), 62 Stat. 601; Oct. 12, 1949, ch. 681, title V, § 521(b), 63 Stat. 834; Aug. 9, 1950, ch. 654, § 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, §§ 3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title II, § 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, § 201, 70 Stat. 430; July 31, 1956, ch. 804, title I, § 117(b), 70 Stat. 741; Pub. L. 85–462, § 12(e), June 20, 1958, 72 Stat. 214; Pub. L. 85–929, § 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 86–415, § 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86–703, title II, § 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87–649, §§ 11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87–793, title VI, § 1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, § 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90–574, title V, § 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91–515, title VI, § 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92–157, title III, § 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95–83, title III, § 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95–623, § 11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–32, § 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96–398, title VIII, § 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99–117, § 3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99–272, title XVII, § 17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100–607, title VII, § 706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106–398, § 1 [[div. A], title VI, § 634(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–159; Pub. L. 115–91, div. A, title VI, § 618(i), Dec. 12, 2017, 131 Stat. 1427; Pub. L. 116–136, div. A, title III, § 3214(e)(2), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes REFERENCES IN TEXT Classified civil service, referred to in subsec. (g), as meaning ‘‘competitive service’’, see section 2102(c) of Title 5, Government Organization and Employees. PRIOR PROVISIONS A prior section 208 of act July 1, 1944, was renumbered section 207 and is classified to section 209 of this title. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–136 substituted ‘‘Regular Corps and Ready Reserve Corps’’ for ‘‘Regular and Re- serve Corps’’ wherever appearing. 2017—Subsec. (a)(2). Pub. L. 115–91 inserted ‘‘or 373’’ after ‘‘section 303a(b)’’. 2000—Subsec. (a)(2). Pub. L. 106–398 added par. (2) and struck out former par. (2) which read as follows: ‘‘(2)(A) Except as provided in subparagraph (B), com- missioned medical and dental officers in the Regular and Reserve Corps shall while on active duty be paid special pay in the same amounts as, and under the same terms and conditions which apply to, the special pay now or hereafter paid to commissioned medical and dental officers of the Armed Forces under chapter 5 of title 37. ‘‘(B) A commissioned medical officer in the Regular or Reserve Corps (other than an officer serving in the Indian Health Service) may not receive additional spe- cial pay under section 302(a)(4) of title 37 for any period during which the officer is providing obligated service under (i) section 254m of this title, (ii) section 234(e) of this title (as such section was in effect prior to October 1, 1977), or (iii) section 294u of this title (as such section was in effect between October 1, 1977, and August 13, 1981).’’ Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title VI, § 634(b)(1)], struck out par. (3) which read as follows: ‘‘Commissioned nurse officers in the Regular and Re- serve Corps shall, while in active duty, be paid incen- tive special pay in the same amounts as, and under the same terms and conditions which apply to, the incen- tive special pay now or hereafter paid to commissioned nurse officers of the Armed Forces under chapter 5 of title 37.’’ 1988—Subsec. (a)(3). Pub. L. 100–607 added par. (3). 1986—Subsec. (a)(2)(B). Pub. L. 99–272, § 17002(a)(1), in- serted ‘‘(other than an officer serving in the Indian Health Service)’’. Subsec. (e). Pub. L. 99–272, § 17002(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘Whenever any noncommissioned officer or other employee of the Service is assigned for duty which the Surgeon General finds requires intimate con- tact with persons afflicted with leprosy, he may be en- titled to receive, as provided by regulations of the President, in addition to any pay or compensation to which he may otherwise be entitled, not more than one-half of such pay or compensation.’’ Page 68 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 210 1985—Subsec. (a)(2). Pub. L. 99–117 substituted ‘‘(A) Except as provided in subparagraph (B), commissioned’’ for ‘‘Commissioned’’, and added subpar. (B). 1980—Subsec. (a). Pub. L. 96–398 designated existing provisions as par. (1) and added par. (2). 1979—Subsec. (c). Pub. L. 96–32 substituted ‘‘section 5703 of title 5’’ for ‘‘section 5703(b) of title 5’’. 1978—Subsec. (g). Pub. L. 95–623 increased limitation on establishment of positions to one hundred and sev- enty-nine from one hundred and fifty-five and required minimum number of positions for certain National Centers: ten, National Center for Health Services Re- search; twelve, National Center for Health Statistics; and seven, National Center for Health Care Technology. 1977—Subsec. (g). Pub. L. 95–83 increased limitation on establishment of positions to one hundred and fifty- five from one hundred and fifty and required not less than five for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism. 1971—Subsec. (f). Pub. L. 92–157, which directed that ‘‘subsection (g)’’ be substituted for ‘‘section 209(f)’’, was executed by substituting ‘‘section 209(g) of this title’’ for ‘‘section 209(f) of this title’’, to reflect the probable intent of Congress. 1970—Subsec. (c). Pub. L. 91–515 extended coverage to encompass members of other national review councils or national advisory or review committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Com- mittee and the Board of Regents of the National Li- brary of Medicine, authorized service to be at the re- quest of the Secretary in place of the Surgeon General, and revised rates of compensation and travel allow- ances. 1968—Subsec. (g). Pub. L. 90–574 inserted ‘‘(1)’’ after ‘‘nor more than’’ and added cl. (2). 1962—Subsec. (b). Pub. L. 87–649 struck out sentence which permitted commissioned officers on active duty to make allotments from their pay, and substituted ‘‘Commissioned officers on active duty and retired offi- cers’’ for ‘‘Such officers, and retired officers.’’ See sec- tion 704 of Title 37, Pay and Allowances of the Uni- formed Services. Subsec. (g). Pub. L. 87–793 substituted provisions re- quiring the rates of compensation to be not less than the minimum rate of grade 16 nor more than the high- est rate of grade 18 of the General Schedule, for provi- sions which prescribed annual rates of compensation of not less than $12,500 nor more than $19,000. 1960—Subsec. (b). Pub. L. 86–415 authorized retired of- ficers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, to purchase sup- plies, and included the purchase of supplies from the Air Force. Subsec. (g). Pub. L. 86–703 substituted ‘‘one hundred and fifty’’ for ‘‘eighty-five’’ and ‘‘one hundred and fif- teen’’ for ‘‘seventy-three’’. 1958—Subsec. (g). Pub. L. 85–929 substituted ‘‘in the professional, scientific, and executive service’’ for ‘‘in the professional and scientific service’’, and substituted ‘‘of specially qualified scientific, professional, and ad- ministrative personnel’’ for ‘‘of specially qualified sci- entific or professional personnel’’. Pub. L. 85–462, substituted ‘‘eighty-five positions, of which not less than seventy-three shall be for the Na- tional Institutes of Health’’ for ‘‘sixty positions’’. 1956—Subsec. (g). Act June 29, 1956, substituted ‘‘$20,000’’ for ‘‘$15,000’’. 1955—Subsec. (g). Act Aug. 1, 1955, increased from thirty to sixty the number of positions which the Ad- ministrator may establish in the professional and sci- entific service. 1950—Subsec. (b). Act Aug. 9, 1950, struck out ‘‘and may be granted leaves of absence without any deduc- tion from their pay’’ after ‘‘allotments from their pay’’ in first sentence. Subsec. (c). Act Aug. 15, 1950, § 3(e), made provisions applicable to members of all national advisory coun- cils. Subsec. (g). Act Aug. 15, 1950, § 4(b), added subsec. (g). 1949—Subsec. (a). Act Oct. 12, 1949, made section ap- plicable to Reserve officers. Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and repealed former subsec. (b) relating to Re- serve officers. Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b). Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d) and repealed former subsec. (d) relating to female commissioned officers and defining ‘‘dependent’’. Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e) and struck out references to allowances. Former subsec. (e) redesignated (c). Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). Subsecs. (g), (h). Act Oct. 12, 1949, redesignated sub- secs. (g) and (h) as (e) and (f), respectively. 1948—Subsec. (b). Act Feb. 28, 1948, inserted ‘‘except as otherwise provided by law’’. Subsec. (e). Acts June 16, 1948, § 4(d), and June 24, 1948, § 4(d), made section applicable to the National Advisory Heart Council and increased the per diem of all mem- bers from $25 to $50, and made section applicable to the National Advisory Dental Research Council, respec- tively. Subsec. (h). Act Feb. 28, 1948, substituted ‘‘section 209(f) of this title’’ for ‘‘section 209(d) of this title’’. 1946—Subsec. (e). Act July 3, 1946, inserted ‘‘members of the National Advisory Mental Health Council’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Gillis W. Long Hansen’s Disease Center deemed to refer to the National Hansen’s Dis- ease Programs Center, pursuant to section 2 of Pub. L. 107–220, set out as a note under section 247e of this title. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (c) and (g) pursuant section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title XVII, § 17002(a)(2), Apr. 7, 1986, 100 Stat. 359, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as of October 7, 1985.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–117, § 3(b), Oct. 7, 1985, 99 Stat. 492, provided that: ‘‘The amendment made by subsection (a) [amend- ing this section] shall not diminish any benefits under an agreement entered into before the date of enact- ment of this Act [Oct. 7, 1985] by a commissioned med- ical officer in the Regular Corps or the Reserve Corps of the Public Health Service.’’ EFFECTIVE DATE OF 1962 AMENDMENTS Amendment by Pub. L. 87–793 effective first day of first pay period which begins on or after Oct. 11, 1962, see Pub. L. 87–793, title VI, § 1008, Oct. 11, 1962, 76 Stat. 868. Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86–415 effective July 1, 1960, see section 8(a) of Pub. L. 86–415, set out as a note under section 209 of this title. EFFECTIVE DATE OF 1958 AMENDMENTS Amendment by Pub. L. 85–929 effective Sept. 6, 1958, see section 6(a) of Pub. L. 85–929, set out as a note under section 342 of Title 21, Food and Drugs. Page 69 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 210–1 1 So in original. 2 See 1962 Amendment note for subsec. (d) below. Amendment by Pub. L. 85–462 effective June 20, 1958, see section 17(b) of Pub. L. 85–462. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 31, 1956, effective at begin- ning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956. EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 9, 1950, ch. 654, § 3(a), 64 Stat. 426, provided that: ‘‘Sections 1 and 2 of this Act [amending this sec- tion and enacting section 210–1 of this title] shall be- come effective on July 1, 1950.’’ 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. REPEALS Act July 31, 1956, ch. 804, title I, § 117(b), 70 Stat. 741, cited as a credit to this section, which amended subsec. (g) of this section to increase the salary rates, was re- pealed by Pub. L. 88–426, title III, § 305(1), Aug. 14, 1964, 78 Stat. 422. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. MAXIMUM PAY AND ALLOWANCES FOR SPECIFIC FISCAL YEARS Pub. L. 100–436, title II, § 208, Sept. 20, 1988, 102 Stat. 1699, provided in part that: ‘‘No funds appropriated for the fiscal year ending September 30, 1989, by this or any other Act, may be used to pay basic pay, special pays, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Service described in section 204 of title 42, United States Code, at a level that exceeds 110 percent of the Executive Level I [5 U.S.C. 5312] annual rate of basic pay’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 100–202, § 101(h) [title II, § 208], Dec. 22, 1987, 101 Stat. 1329–256, 1329–274. Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 208], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title II, § 208], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title II, § 208, Dec. 12, 1985, 99 Stat. 1119. Pub. L. 98–619, title II, § 208, Nov. 8, 1984, 98 Stat. 3321. Pub. L. 98–139, title II, § 208, Oct. 31, 1983, 97 Stat. 888. NURSES AND ALLIED HEALTH PROFESSIONALS Pub. L. 100–436, title II, § 214, Sept. 20, 1988, 102 Stat. 1700, provided that: ‘‘Funds made available for fiscal year 1989 and hereafter to the National Institutes of Health shall be available for payment of nurses and al- lied health professionals using pay, schedule options, benefits, and other authorities as provided for the nurses of the Veterans’ Administration under 38 U.S.C. chapter 73.’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (g) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise speci- fied), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. 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, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 210–1. Annual and sick leave (a) Regulations In accordance with regulations of the Presi- dent, commissioned officers of the Regular Corps and officers of the Ready Ready 1 Reserve Corps on active duty may be granted annual leave and sick leave without any deductions from their pay and allowances. (b) Limitation The regulations described in subsection (a) may authorize accumulated annual leave of not more than 120 days for any commissioned officer of the Regular Corps or officer of the Ready Re- serve Corps on active duty. (c) 2 Definitions For purposes of this section the term ‘‘accu- mulated annual leave’’ means unused accrued annual leave carried forward from one leave year into a succeeding leave year, and the term ‘‘accrued annual leave’’ means the annual leave accruing to an officer during one leave year. (July 1, 1944, ch. 373, title II, § 219, as added Aug. 9, 1950, ch. 654, § 2, 64 Stat. 426; amended Pub. L. 87–649, § 14b, Sept. 7, 1962, 76 Stat. 499; Pub. L. 96–76, title III, § 311, Sept. 29, 1979, 93 Stat. 586; Pub. L. 116–136, div. A, title III, § 3214(e)(3), Mar. 27, 2020, 134 Stat. 373; Pub. L. 117–328, div. FF, title II, § 2225(a), Dec. 29, 2022, 136 Stat. 5750.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–328, § 2225(a)(1), sub- stituted ‘‘Ready Reserve Corps’’ for ‘‘Reserve Corps’’