42 U.S.C. § 208 — Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62

Page 63 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 209 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. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 208. Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40 Section, act July 1, 1944, ch. 373, title II, § 207, 58 Stat. 685, related to establishment of special temporary pro- visions. See sections 206(c) and 207(c) of this title. § 209. Appointment of personnel (a) Original appointments to Regular and Ready Reserve Corps; limitation on appointment and call to active duty (1) Except as provided in subsections (b) and (e) of this section, original appointments to the Regular Corps may be made only in the warrant officer (W–1), chief warrant officer (W–2), chief warrant officer (W–3), chief warrant officer (W–4), junior assistant, assistant, and senior as- sistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in ac- cordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, phar- macy, psychology, nursing, or related scientific specialties in the field of public health. (2) Original appointments to the Ready Re- serve Corps may be made to any grade up to and including the director grade but only after pas- sage of an examination given in accordance with regulations of the President. Reserve commis- sions shall be for an indefinite period and may be terminated at any time, as the President may direct. (3) No individual who has attained the age of forty-four shall be appointed to the Regular Corps, or called to active duty in the Ready Re- serve Corps for a period in excess of one year, unless (A) he has had a number of years of active service (as defined in section 212(d) of this title) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional quali- fications, not readily available elsewhere in the Commissioned Corps of the Public Health Serv- ice, for the performance of special duties with the Service, or (C) in the case of an officer of the Ready Reserve Corps, the Commissioned Corps of the Service has been declared by the Presi- dent to be a military service. (b) Grade and number of original appointments (1) Not more than 10 per centum of the origi- nal appointments to the Regular Corps author- ized to be made during any fiscal year may be made to grades above that of senior assistant, but no such appointment (other than an ap- pointment under section 205 of this title) may be made to a grade above that of director. For the purpose of this subsection the number of origi- nal appointments authorized to be made during a fiscal year shall be (1) the excess of the num- ber of officers of the Regular Corps authorized by the appropriation Act or Acts for such year over the number of officers on active duty in the Regular Corps on the first day of such year, plus (2) the number of such officers of the Regular Corps who, during such fiscal year, have been or will be retired upon attainment of age sixty-four or have for any other reason ceased to be on ac- tive duty. In determining the number of ap- pointments authorized by this subsection an ap- pointment shall be deemed to be made in the fis- cal year in which the nomination is transmitted by the President to the Senate. (2) In addition to the number of original ap- pointments to the Regular Corps authorized by paragraph (1) to be made to grades above that of senior assistant, original appointments author- ized to be made to the Regular Corps in any year may be made to grades above that of senior as- sistant, but not above that of director, in the case of any individual who— (A)(i) was on active duty in the Ready Re- serve Corps on July 1, 1960, (ii) was on such ac- tive duty continuously for not less than one year immediately prior to such date, and (iii) applies for appointment to the Regular Corps prior to July 1, 1962; or (B) does not come within clause (A)(i) and (ii) but was on active duty in the Ready Re- serve Corps continuously for not less than one year immediately prior to his appointment to the Regular Corps and has not served on active duty continuously for a period, occurring after June 30, 1960, of more than three and one-half years prior to applying for such appointment. (3) No person shall be appointed pursuant to this subsection unless he meets standards estab- lished in accordance with regulations of the President. (c) Issuance of commissions Commissions evidencing the appointment by the President of officers of the Regular Corps or Ready Reserve Corps shall be issued by the Sec- retary under the seal of the Department of Health and Human Services. (d) Date of appointment; credit for service (1) For purposes of basic pay and for purposes of promotion, any person appointed under sub- section (a) to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b), shall, except as provided in para- graphs (2) and (3) of this subsection, be consid- ered as having had on the date of appointment the following length of service: Three years if appointed to the senior assistant grade, ten years if appointed to the full grade, seventeen years if appointed to the senior grade, and eight- een years if appointed to the director grade. (2) For purposes of basic pay, any person ap- pointed under subsection (a) to the grade of sen- ior assistant in the Regular Corps, and any per- son appointed under subsection (b), shall, in lieu of the credit provided in paragraph (1) of this subsection, be credited with the service for which he is entitled to credit under any other provision of law if such service exceeds that to