42 U.S.C. § 211b — Repealed. Pub. L. 94–412, title V, § 501(f),

Page 74 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 211a 1986—Subsec. (g)(3). Pub. L. 99–348 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 21⁄2 per centum of basic pay of the permanent grade held by him at the time of retirement for each year, not in excess of thirty, of his active com- missioned service in the Service; or ‘‘(B) in the case of an officer who first became a mem- ber of a uniformed service on or after September 8, 1980, 21⁄2 per centum of the monthly retired pay base com- puted under section 1407(h) of title 10, for each year, not in excess of thirty, of his active commissioned serv- ice in the Service.’’ 1980—Subsec. (g)(3). Pub. L. 96–342 revised provisions into subpars. (A) and (B) and substituted provisions re- specting computation of retired pay for officers who be- came members of the uniformed service before Sept. 8, 1980, and for officers who became members of the uni- formed service on or after Sept. 8, 1980, for provisions respecting computation of retired pay for officers. 1979—Subsec. (d)(1). Pub. L. 96–76, § 307(a), inserted ap- plicability to warrant officers and chief warrant offi- cers. Subsec. (g). Pub. L. 96–76, § 307(b), in provision before par. (1), inserted applicability to separation from Serv- ice of warrant officers and chief warrant officers subse- quent to one examination or two examinations, respec- tively, in par. (1), inserted applicability to a chief war- rant officer (W–2), and in par. (2), inserted applicability to a chief warrant officer (W–3). 1962—Subsec. (g). Pub. L. 87–649 substituted ‘‘basic pay’’ for ‘‘pay’’ in cls. (1) and (2). 1960—Subsec. (g). Pub. L. 86–415 substituted ‘‘of the basic pay of the permanent grade held by him at the time of retirement for each year’’ for ‘‘of his active duty pay at the time of retirement for each complete year’’ in cl. (3). 1956—Subsec. (d)(2). Act Apr. 27, 1956, struck out ‘‘pay period and for purposes of’’ before ‘‘seniority in grade’’. 1949—Subsec. (g). Act Oct. 12, 1949, struck out ‘‘in- curred in line of duty’’ wherever appearing. 1948—Act Feb. 28, 1948, amended subsecs. (a) to (c) generally and added subsecs. (d) to (m). 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. (l) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under sec- tion 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT 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 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 this title. Federal Security Agency 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. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 211a. Repealed. Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936 Section, act July 1, 1944, ch. 373, title XIII, § 1311, for- merly title VII, § 711, as added Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; renumbered title VIII, § 811, July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; renumbered title IX, § 911, Sept. 4, 1964, Pub. L. 88–581, § 4(b), 78 Stat. 919; renumbered title X, § 1011, Oct. 6, 1965, Pub. L. 89–239, § 3(b), 79 Stat. 931; renumbered title XI, § 1111, Dec. 24, 1970, Pub. L. 91–572, § 6(b), 84 Stat. 1506; renumbered title XII, § 1211, May 16, 1972, Pub. L. 92–294, § 3(b), 86 Stat. 137; renum- bered title XIII, § 1311, Nov. 16, 1973, Pub. L. 93–154, § 2(b)(2), 87 Stat. 604, provided for appointment to high- er grades of Public Health Service officers for mental health and hospital construction activities. § 211b. Repealed. Pub. L. 94–412, title V, § 501(f), Sept. 14, 1976, 90 Stat. 1258 Section, act Feb. 28, 1948, ch. 83, § 6(b)–(f), 62 Stat. 45, dealt with promotion of Public Health Service officers. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Repeal not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National Defense. § 211c. Promotion credit for medical officers in assistant grade Any medical officer of the Regular Corps of the Public Health Service who— (1)(A) was appointed to the assistant grade in the Regular Corps and whose service in such Corps has been continuous from the date of ap- pointment or (B) may hereafter be appointed to the assistant grade in the Regular Corps, and (2) had or will have completed a medical in- ternship on the date of such appointment, shall be credited with one year for purposes of promotion and seniority in grade, except that no such credit shall be authorized if the officer has received or will receive similar credit for his in- ternship under other provisions of law. In the case of an officer on active duty on the effective date of this section who is entitled to the credit authorized herein, the one year shall be added to