42 U.S.C. § 218 — National Advisory Councils on Migrant

Page 86 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 217a–1 1 So in original. The comma probably should not appear. 1 See References in Text note below. to specified provisions governing appointments in the competitive service and relating to classification and General Schedule pay rates, for provisions authorizing the Surgeon General to appoint advisory committees without regard to the civil service laws and subject to the Secretary’s approval in such cases as he prescribed. Subsec. (b). Pub. L. 91–515, § 601(a)(3), inserted ‘‘coun- cil or’’ before ‘‘committee’’ wherever appearing. Subsec. (c). Pub. L. 91–515, § 601(a)(3), (c)(2), inserted ‘‘council or’’ before ‘‘committee’’ wherever appearing, and ‘‘or programs’’ after ‘‘projects’’. 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) and (c) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO CONGRESSIONAL COMMITTEES RELAT- ING TO TERMINATION Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, provided that: ‘‘(a) An advisory committee established by or pursu- ant to the Public Health Service Act [42 U.S.C. 201 et seq.], the Mental Retardation Facilities and Commu- nity Mental Health Centers Construction Act of 1963 [former 42 U.S.C. 2689 et seq., 6001 et seq.], or the Com- prehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.] shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act [Jan. 4, 1975]. ‘‘(b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the en- actment of the Act [Jan. 4, 1975], to the Committee on Labor and Public Welfare of the Senate and the Com- mittee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Con- struction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Re- habilitation Act of 1970 and (2) his recommendations re- specting the termination of each such advisory com- mittee.’’ Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office 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. § 217a–1. Advisory committees; prohibition of consideration of political affiliations All appointments to advisory committees es- tablished to assist in implementing the Public Health Service Act [42 U.S.C. 201 et seq.],1 and the Comprehensive Alcohol Abuse and Alco- holism Prevention, Treatment, and Rehabilita- tion Act of 1970 [42 U.S.C. 4541 et seq.], shall be made without regard to political affiliation. (Pub. L. 94–278, title X, § 1001, Apr. 22, 1976, 90 Stat. 415; Pub. L. 111–256, § 2(e), Oct. 5, 2010, 124 Stat. 2643.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to this chapter (§ 201 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, which is classified principally to chapter 60 (§ 4541 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4541 of this title and Tables. CODIFICATION Section was not enacted as a part of the Public Health Service Act which comprises this chapter. AMENDMENTS 2010—Pub. L. 111–256 struck out ‘‘the Mental Retarda- tion Facilities and Community Mental Health Centers Construction Act of 1963,’’ after ‘‘Public Health Service Act,’’. § 217b. Volunteer services Subject to regulations, volunteer and uncom- pensated services may be accepted by the Sec- retary, or by any other officer or employee of the Department of Health and Human Services designated by him, for use in the operation of any health care facility or in the provision of health care. (July 1, 1944, ch. 373, title II, § 223, as added Pub. L. 90–174, § 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103–43, title XX, § 2008(h), June 10, 1993, 107 Stat. 212.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–43 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. § 218. National Advisory Councils on Migrant Health (a) Appointment; duties Within 120 days of July 29, 1975, the Secretary shall appoint and organize a National Advisory Council on Migrant Health (hereinafter in this subsection referred to as the ‘‘Council’’) which shall advise, consult with, and make rec- ommendations to, the Secretary on matters con- cerning the organization, operation, selection, and funding of migrant health centers and other entities under grants and contracts under sec- tion 254b 1 of this title. (b) Membership The Council shall consist of fifteen members, at least twelve of whom shall be members of the governing boards of migrant health centers or other entities assisted under section 254b 1 of Page 87 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 218 this title. Of such twelve members who are members of such governing boards, at least nine shall be chosen from among those members of such governing boards who are being served by such centers or grantees and who are familiar with the delivery of health care to migratory agricultural workers and seasonal agricultural workers. The remaining three Council members shall be individuals qualified by training and ex- perience in the medical sciences or in the ad- ministration of health programs. (c) Terms of office Each member of the Council shall hold office for a term of four years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the terms of the members first taking office after July 29, 1975, shall expire as follows: four shall expire four years after such date, four shall expire three years after such date, four shall expire two years after such date, and three shall expire one year after such date, as designated by the Sec- retary at the time of appointment. (d) Applicability of section 1013(a) of title 5 Section 1013(a) of title 5 shall not apply to the Council. (July 1, 1944, ch. 373, title II, § 217, 58 Stat. 691; July 3, 1946, ch. 538, § 5(b)–(d), 60 Stat. 422; June 16, 1948, ch. 481, §§ 4(a)–(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621, § 4(a)–(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, § 3(a)–(d), 64 Stat. 446; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91–515, title VI, § 601(a)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 91–616, title IV, § 401, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 92–157, title III, § 301(b), Nov. 18, 1971, 85 Stat. 463; Pub. L. 92–218, § 6(a)(1), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92–255, title V, § 502(a), Mar. 21, 1972, 86 Stat. 85; Pub. L. 92–423, § 7(a), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93–348, title II, § 211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94–63, title IV, § 401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94–371, § 9, July 26, 1976, 90 Stat. 1040; Pub. L. 95–622, title III, § 302(b), Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95–626, title I, § 102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96–180, § 13, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96–181, § 14, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 98–24, § 2(a)(2), Apr. 26, 1983, 97 Stat. 176; Pub. L. 98–509, title III, § 302, Oct. 19, 1984, 98 Stat. 2364; Pub. L. 99–158, § 3(a)(2), (3), Nov. 20, 1985, 99 Stat. 878, 879; Pub. L. 99–570, title IV, § 4004(c), Oct. 27, 1986, 100 Stat. 3207–111; Pub. L. 99–660, title III, § 311(b)(1), Nov. 14, 1986, 100 Stat. 3779; Pub. L. 117–286, § 4(a)(227), Dec. 27, 2022, 136 Stat. 4330.) Editorial Notes REFERENCES IN TEXT Section 254b of this title, referred to in subsecs. (a) and (b), was in the original a reference to section 329, meaning section 329 of act July 1, 1944, which was omit- ted in the general amendment of subpart I (§ 254b et seq.) of part D of subchapter II of this chapter by Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626. Section 2 of Pub. L. 104–299 enacted a new section 330 of act July 1, 1944, which is classified to section 254b of this title. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–286 substituted ‘‘Section 1013(a) of title 5’’ for ‘‘Section 14(a) of the Federal Advi- sory Committee Act’’. 1986—Pub. L. 99–570 redesignated former subsec. (e)(1) to (4) as subsecs. (a) to (d), respectively, in subsec. (c), further redesignated former cls. (A) and (B) as (1) and (2), respectively, and struck out former subsecs. (a) to (d), which related, respectively, to composition, quali- fications, appointment and tenure of the National Ad- visory Mental Health Council and the National Advi- sory Council on Alcohol Abuse and Alcoholism; duties of the National Advisory Mental Health Council; duties of the National Advisory Council on Alcohol Abuse and Alcoholism; and the composition, qualifications, and duties of the National Advisory Council on Drug Abuse. Subsec. (c). Pub. L. 99–660 which directed that ‘‘sec- tion 300cc of this title’’ be substituted for ‘‘section 300aa of this title’’ could not be executed because the reference in question appeared in former subsec. (c) which was repealed by Pub. L. 99–570. 1985—Subsec. (a). Pub. L. 99–158, § 3(a)(2)(A), in first sentence substituted ‘‘National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism’’ for ‘‘National Advisory Health Council, the National Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, and the National Advisory Den- tal Research Council’’, and substituted ‘‘by the Sec- retary’’ for ‘‘by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare’’. Pub. L. 99–158, § 3(a)(2)(B)(i), in second sentence struck out ‘‘in the case of the National Advisory Health Council, are skilled in the sciences related to health, and’’ after ‘‘scientific authorities who,’’. Pub. L. 99–158, § 3(a)(2)(B)(ii), which directed the sub- stitution in second sentence of ‘‘the National Advisory Mental Health Council and the National Advisory Council on Alcohol Abuse and Alcoholism’’ for ‘‘the Na- tional Advisory Mental Health Council, the National Advisory Council on Alcohol Abuse and Alcoholism, the National Advisory Heart Council, and the National Ad- visory Dental Research Council’’ was executed by mak- ing the substitution for ‘‘the National Advisory Mental Health Council, the National Advisory Council on Alco- hol Abuse and Alcoholism, and the National Advisory Dental Research Council’’ as the probable intent of Congress in view of the prior deletion of ‘‘the National Advisory Heart Council,’’ by Pub. L. 92–423. See 1972 Amendment note below. Pub. L. 99–158, § 3(a)(2)(B)(iii), in second sentence sub- stituted ‘‘and alcohol abuse and alcoholism’’ for ‘‘, alcohol abuse and alcoholism, and dental diseases and conditions’’. Pub. L. 99–158, § 3(a)(2)(C), struck out third sentence which provided that in the case of the National Advi- sory Dental Research Council, four of the six members selected from among the leading medical or scientific authorities be dentists. Subsec. (b). Pub. L. 99–158, § 3(a)(3), redesignated sub- sec. (c) as (b) and struck out former subsec. (b) which related to the duties of the National Advisory Health Council. Subsecs. (c) to (e), (g). Pub. L. 99–158, § 3(a)(3), redesig- nated subsecs. (d), (e), and (g) as (c), (d), and (e), respec- tively. 1984—Subsec. (a). Pub. L. 98–509 inserted provision re- quiring the Secretary to assure that the membership of the National Advisory Council on Alcohol Abuse and Alcoholism is broadly representative of experts in the fields of prevention, research, and treatment of alcohol abuse, alcoholism, and rehabilitation of alcohol abus- ers. 1983—Subsecs. (c), (d). Pub. L. 98–24 substituted ‘‘sec- tion 300aa of this title’’ for ‘‘section 219 of this title’’. 1980—Subsec. (a). Pub. L. 96–180 authorized appointees to serve after the expiration of their terms until their successors have taken office. Subsec. (e)(1). Pub. L. 96–181, in provisions relating to the eligibility for selection of members, inserted offi- Page 88 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 218 cers or employees of State and local drug abuse agen- cies, and inserted provision that appointed members may serve after the expiration of their terms until their successors have taken office. 1978—Subsec. (f). Pub. L. 95–622 struck out subsec. (f) which related to the establishment of a National Advi- sory Council for the Protection of Subjects of Bio- medical and Behavioral Research. Subsec. (g)(1), (2). Pub. L. 95–626 substituted ‘‘section 254b’’ for ‘‘section 247d’’. 1976—Subsec. (d). Pub. L. 94–371 inserted provision that the Council advise the Secretary regarding poli- cies and priorities with respect to grants and contracts in the field of alcohol abuse and alcoholism. 1975—Subsec. (g). Pub. L. 94–63 added subsec. (g). 1974—Subsec. (f). Pub. L. 93–348 added subsec. (f). 1972—Subsec. (a). Pub. L. 92–423, § 7(a)(1), (2), struck out ‘‘the National Advisory Heart Council,’’ after ‘‘the National Advisory Council on Alcohol Abuse and Alco- holism’’ in two places and ‘‘heart diseases,’’ after ‘‘al- cohol abuse and alcoholism,’’, respectively. Subsec. (b). Pub. L. 92–423, § 7(a)(2), struck out ‘‘heart,’’ after ‘‘alcohol abuse and alcoholism,’’. Subsec. (e). Pub. L. 92–255 added subsec. (e). 1971—Subsec. (a). Pub. L. 92–218, § 6(a)(1)(A), (B), struck out reference to National Advisory Cancer Council before National Advisory Mental Health Coun- cil in two places and struck out ‘‘cancer,’’ before ‘‘psy- chiatric disorders’’. Pub. L. 92–157 substituted ‘‘National Advisory Coun- cil on Alcohol Abuse and Alcoholism’’ for ‘‘National Advisory Council on Alcoholic Abuse and Alcoholism’’ in second sentence. Subsec. (b). Pub. L. 92–218, § 6(a)(1)(B), struck out ‘‘cancer,’’ before ‘‘mental health’’ in listing of various diseases. 1970—Subsec. (a). Pub. L. 91–616, § 401(a), made sub- section applicable to National Advisory Council on Al- cohol Abuse and Alcoholism, and inserted alcohol abuse and alcoholism to enumeration of diseases concerning which members of such Council must be skilled, and prescribed manner in which terms of members of Coun- cil would expire. Subsec. (b). Pub. L. 91–616, § 401(b), inserted reference to National Advisory Council on Alcohol Abuse and Al- coholism authorizing the Surgeon General to utilize the services of members of such Council for additional periods. Pub. L. 91–515 inserted ‘‘or committees’’ after ‘‘coun- cils’’. Subsec. (d). Pub. L. 91–616, § 401(c), added subsec. (d). 1950—Act Aug. 15, 1950, § 3(d), amended section catch- line to reflect addition of new advisory councils. Subsec. (a). Act Aug. 15, 1950, § 3(a), applied provisions to all of the advisory councils with regard to composi- tion, qualifications, and appointment and tenure of members. Subsec. (b). Act Aug. 15, 1950, § 3(b), made subsection also applicable to new advisory councils. Subsec. (c). Act Aug. 15, 1950, § 3(c), redesignated sub- sec. (e) as (c) and repealed former subsec. (c). Subsecs. (d), (f), (g). Act. Aug. 15, 1950, § 3(c), repealed subsecs. (d), (f), and (g). 1948—Acts June 16, 1948, § 4(c), and June 24, 1948, § 4(c), included in section catchline the National Advisory Heart and Dental Research Councils, respectively. Subsec. (a). Act June 16, 1948, § 6(b), substituted ‘‘Na- tional Institutes of Health’’ for ‘‘National Institute of Health’’ in second sentence. Subsec. (b). Acts June 16, 1948, § 4(b), and June 24, 1948, § 4(b), made subsection applicable to the National Advisory Heart Council and the National Advisory Den- tal Research Council, respectively. Subsec. (f). Act June 16, 1948, § 4(a), added subsec. (f) which established the National Advisory Heart Council. Subsec. (g). Act June 24, 1948, § 4(a), added subsec. (g) which established the National Advisory Dental Re- search Council. 1946—Act July 3, 1946, inserted ‘‘Mental Health’’ in section catchline. Subsec. (b). Act July 3, 1946, inserted ‘‘or of the Na- tional Advisory Mental Health Council’’. Subsecs. (d), (e). Act July 3, 1946, added subsecs. (d) and (e). 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) and (c) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–622, title III, § 302(b), Nov. 9, 1978, 92 Stat. 3442, provided that the amendment made by that sec- tion is effective Nov. 1, 1978. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–63 effective July 1, 1975, see section 608 of Pub. L. 94–63, set out as a note under sec- tion 247b of this title. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–348, title II, § 211(b), July 12, 1974, 88 Stat. 352, as amended by Pub. L. 94–278, title III, § 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94–573, § 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95–203, § 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect No- vember 1, 1978.’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–423, § 9, Sept. 19, 1972, 86 Stat. 687, provided that: ‘‘This Act and the amendments made by this Act [see Short Title of 1972 Amendment note under section 201 of this title] shall take effect sixty days after the date of enactment of this Act [Sept. 19, 1972] or on such prior date after the date of enactment of this Act as the President shall prescribe and publish in the Federal Register.’’ EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–218, § 7, Dec. 23, 1971, 85 Stat. 785, provided that: ‘‘(a) This Act and the amendments made by this Act [enacting sections 286a to 286g and 289l of this title, amending this section and sections 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281 and 286 of this title] shall take effect sixty days after the date of enactment of this Act [Dec. 23, 1971] or on such prior date after the date of enact- ment of this Act as the President shall prescribe and publish in the Federal Register. ‘‘(b) The first sentence of section 454 of the Public Health Service Act [former 42 U.S.C. 289l] (added by sec- tion 5 of this Act) shall apply only with respect to ap- pointments made after the effective date of this Act (as prescribed by subsection (a)). ‘‘(c) Notwithstanding the provisions of subsection (a), members of the National Cancer Advisory Board (au- thorized under section 410B of the Public Health Serv- ice Act, as added by this Act) [former 42 U.S.C. 286f] may be appointed, in the manner provided for in such section, at any time after the date of enactment of this Act [Dec. 23, 1971]. Such officers shall be compensated from the date they first take office, at the rates pro- vided for in such section 410B.’’ EFFECTIVE DATE OF 1950 AMENDMENT Act Aug. 15, 1950, ch. 714, § 3(a), (c), 64 Stat. 446, pro- vided that the amendments and repeals made by sec- tion 3(a) and (c) are effective Oct. 1, 1950. REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- 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.