
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC204]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 204. Commissioned corps; composition; appointment of 
        Regular and Reserve officers; appointment and status of warrant 
        officers
        
    There shall be in the Service a commissioned Regular Corps and, for 
the purpose of securing a reserve for duty in the Service in time of 
national emergency, a Reserve Corps. All commissioned officers shall be 
citizens and shall be appointed without regard to the civil-service laws 
and compensated without regard to chapter 51 and subchapter III of 
chapter 53 of title 5. Commissioned officers of the Reserve Corps shall 
be appointed by the President and commissioned officers of the Regular 
Corps shall be appointed by him by and with the advice and consent of 
the Senate. Commissioned officers of the Reserve Corps shall at all 
times be subject to call to active duty by the Surgeon General, 
including active duty for the purpose of training and active duty for 
the purpose of determining their fitness for appointment in the Regular 
Corps. Warrant officers may be appointed to the Service for the purpose 
of providing support to the health and delivery systems maintained by 
the Service and any warrant officer appointed to the Service shall be 
considered for purposes of this chapter and title 37 to be a 
commissioned officer within the commissioned corps of the Service.

(July 1, 1944, ch. 373, title II, Sec. 203, 58 Stat. 683; Feb. 28, 1948, 
ch. 83, Sec. 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title XI, 
Sec. 1106(a), 63 Stat. 972; Pub. L. 96-76, title III, Sec. 302(a), Sept. 
29, 1979, 93 Stat. 584.)

                       References in Text

    The civil-service laws, referred to in text, are set forth in Title 
5, Government Organization and Employees. See, particularly, section 
3301 et seq. of Title 5.

                          Codification

    ``Chapter 51 and subchapter III of chapter 53 of title 5'' 
substituted in text for ``the Classification Act of 1949, as amended'' 
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5, Government Organization and 
Employees.


                               Amendments

    1979--Pub. L. 96-76 inserted provisions relating to appointment and 
status of warrant officers.
    1949--Act Oct. 28, 1949, substituted ``Classification Act of 1949'' 
for ``Classification Act of 1923''.
    1948--Act Feb. 28, 1948, struck out provision that all active 
service in Reserve Corps, as well as service in Regular Corps, shall be 
credited for purpose of promotion in Regular Corps.


                                 Repeals

    Act Oct. 28, 1949, cited as a credit to this section, was repealed 
(subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 
80 Stat. 632, 655.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees 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. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88, which is classified to section 3508(b) of Title 
20, Education.

                         Delegation of Functions

    Functions of President delegated to Secretary of Health and Human 
Services and Surgeon General, 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.


                     Osteopaths as Reserve Officers

    Section 709 of act July 1, 1944, formerly Sec. 609, renumbered 
Sec. 709 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049, which 
provided for appointment of osteopaths as reserve officers until six 
months after World War II, was repealed by Joint Res. July 25, 1947, ch. 
327, Sec. 1, 61 Stat. 449.


                            Cross References

    Pay and allowances of commissioned officers, see section 210 of this 
title.
