42 U.S.C. § 217 — Use of Service in time of war or emergency

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) Page 85 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 217a shall continue to operate as part of the Service except to the extent that the President may di- rect as Commander in Chief. (July 1, 1944, ch. 373, title II, § 216, 58 Stat. 690; Apr. 27, 1956, ch. 211, § 1, 70 Stat. 116.) Editorial Notes REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces. AMENDMENTS 1956—Act Apr. 27, 1956, empowered President to de- clare commissioned corps of the Service to be a mili- tary service in time of emergency involving national defense, and substituted ‘‘the Uniform Code of Military Justice’’ for ‘‘the Articles of War and to the Articles for the Government of the Navy’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal shall take ef- fect as of June 16, 1952, by section 7 of said Joint Res. July 3, 1952. 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. EXECUTIVE ORDER NO. 9575 Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which declared the Commissioned Corps of the Public Health Service to be a military service subject to the Articles for the Government of the Navy as therein prescribed, was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769. EXECUTIVE ORDER NO. 10349 Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, su- perseded Ex. Ord. No. 9575, and subjected the Commis- sioned Corps of the Public Health Service to the provi- sions of the Uniform Code of Military Justice until June 1, 1952. EXECUTIVE ORDER NO. 10356 Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex. Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the provisions of the Uniform Code of Military justice. EXECUTIVE ORDER NO. 10362 Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex. Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the Uniform Code of Military Justice. EXECUTIVE ORDER NO. 10367 Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex. Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952, the period during which the Com- missioned Corps of the Public Health Service was sub- ject to the Uniform Code of Military Justice. § 217a. Advisory councils or committees (a) Appointment; purpose The Secretary may, without regard to the pro- visions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, from time to time, appoint such advisory councils or commit- tees (in addition to those authorized to be estab- lished under other provisions of law), for such periods of time, as he deems desirable with such period commencing on a date specified by the Secretary for the purpose of advising him in connection with any of his functions. (b) Compensation and allowances of members not full-time employees of United States Members of any advisory council or com- mittee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such council or committee or otherwise en- gaged on business of such council or committee receive compensation and allowances as pro- vided in section 210(c) of this title for members of national advisory councils established under this chapter. (c) Delegation of functions Upon appointment of any such council or com- mittee, the Secretary may delegate to such council or committee such advisory functions relating to grants-in-aid for research or training projects or programs, in the areas or fields with which such council or committee is concerned, as the Secretary determines to be appropriate. (July 1, 1944, ch. 373, title II, § 222, as added Pub. L. 87–838, § 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L. 91–515, title VI, § 601(a)(3), (c), Oct. 30, 1970, 84 Stat. 1310, 1311; Pub. L. 99–158, § 3(a)(4), Nov. 20, 1985, 99 Stat. 879.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5. AMENDMENTS 1985—Subsec. (c). Pub. L. 99–158 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘Upon appointment of any such council or com- mittee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in- aid for research or training projects or programs in the areas or fields with which such council or committee is concerned as he determines to be appropriate.’’ 1970—Subsec. (a). Pub. L. 91–515, § 601(c)(1), sub- stituted provisions authorizing the Secretary to ap- point advisory councils or committees without regard