
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC209]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 209. Appointment of personnel


(a) Original appointments to Regular and 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 assistant grades and original appointments to a grade above 
junior assistant shall be made only after passage of an examination, 
given in accordance with regulations of the President, in one or more of 
the several branches of medicine, dentistry, hygiene, sanitary 
engineering, pharmacy, psychology, nursing, or related scientific 
specialties in the field of public health.
    (2) Original appointments to the Reserve Corps may be made to any 
grade up to and including the director grade but only after passage of 
an examination given in accordance with regulations of the President. 
Reserve commissions 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 Reserve 
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 
qualifications, not readily available elsewhere in the Commissioned 
Corps of the Public Health Service, for the performance of special 
duties with the Service, or (C) in the case of an officer of the Reserve 
Corps, the Commissioned Corps of the Service has been declared by the 
President to be a military service.

(b) Grade and number of original appointments

    (1) Not more than 10 per centum of the original appointments to the 
Regular Corps authorized to be made during any fiscal year may be made 
to grades above that of senior assistant, but no such appointment (other 
than an appointment 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 original appointments authorized to be made during a fiscal 
year shall be (1) the excess of the number 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 active duty. In determining the number of appointments authorized by 
this subsection an appointment shall be deemed to be made in the fiscal 
year in which the nomination is transmitted by the President to the 
Senate.
    (2) In addition to the number of original appointments to the 
Regular Corps authorized by paragraph (1) to be made to grades above 
that of senior assistant, original appointments authorized to be made to 
the Regular Corps in any year may be made to grades above that of senior 
assistant, but not above that of director, in the case of any individual 
who--
        (A)(i) was on active duty in the Reserve Corps on July 1, 1960, 
    (ii) was on such active 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 Reserve 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 established in accordance with regulations of the 
President.

(c) Issuance of commissions

    Commissions evidencing the appointment by the President of officers 
of the Regular or Reserve Corps shall be issued by the Secretary 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 subsection (a) of this section to the grade of 
senior assistant in the Regular Corps, and any person appointed under 
subsection (b) of this section, shall, except as provided in paragraphs 
(2) and (3) of this subsection, be considered 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 eighteen years if 
appointed to the director grade.
    (2) For purposes of basic pay, any person appointed under subsection 
(a) of this section to the grade of senior assistant in the Regular 
Corps, and any person appointed under subsection (b) of this section, 
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 
which he would be entitled under such paragraph.
    (3) For purposes of promotion, any person originally appointed in 
the Regular Corps to the senior assistant grade or above who has had 
active service in the Reserve Corps shall be considered as having had on 
the date of appointment the length of service provided for in paragraph 
(1) of this subsection, plus whichever of the following is greater: (A) 
The excess of his total active service in the Reserve Corps (above the 
grade of junior assistant) over the length of service provided in such 
paragraph, to the extent that such excess is on account of service in 
the Reserve Corps in or above the grade to which he is appointed in the 
Regular Corps or (B) his active service in the same or any higher grade 
in the Reserve Corps after the first day on which, under regulations in 
effect on the date of his appointment to the Regular Corps, he would 
have had the training and experience necessary for such appointment.
    (4) For purposes of promotion, any person whose original appointment 
is to the assistant grade in the Regular Corps shall be considered as 
having had on the date of appointment service equal to his total active 
service in the Reserve Corps in and above the assistant grade.

(e) Reappointment; credit for service

    (1) A former officer of the Regular Corps may, if application for 
appointment is made within two years after the date of the termination 
of his prior commission in the Regular Corps, be reappointed to the 
Regular Corps without examination, except as the Surgeon General may 
otherwise prescribe, and without regard to the numerical limitations of 
subsection (b) of this section.
    (2) Reappointments pursuant to this subsection may be made to the 
permanent grade held by the former officer at the time of the 
termination of his prior commission, or to the next higher grade if such 
officer meets the eligibility requirements prescribed by regulation for 
original appointment to such higher grade. For purposes of pay, 
promotion, and seniority in grade, such reappointed officer shall 
receive the credits for service to which he would be entitled if such 
appointment were an original appointment, but in no event less than the 
credits he held at the time his prior commission was terminated, except 
that if such officer is reappointed to the next higher grade he shall 
receive no credit for seniority in grade.
    (3) No former officer shall be reappointed pursuant to this 
subsection unless he shall meet such standards as the Secretary may 
prescribe.

(f) Special consultants

    In accordance with regulations, special consultants may be employed 
to assist and advise in the operations of the Service. Such consultants 
may be appointed without regard to the civil-service laws.

(g) Designation for fellowships; duties; pay

    In accordance with regulations, individual scientists, other than 
commissioned officers of the Service, may be designated by the Surgeon 
General to receive fellowships, appointed for duty with the Service 
without regard to the civil-service laws, may hold their fellowships 
under conditions prescribed therein, and may be assigned for studies or 
investigations either in this country or abroad during the terms of 
their fellowships.

(h) Aliens

    Persons who are not citizens may be employed as consultants pursuant 
to subsection (f) of this section and may be appointed to fellowships 
pursuant to subsection (g) of this section. Unless otherwise 
specifically provided, any prohibition in any other Act against the 
employment of aliens, or against the payment of compensation to them, 
shall not be applicable in the case of persons employed or appointed 
pursuant to such subsections.

(i) Civil service appointments by Secretary

    The appointment of any officer or employee of the Service made in 
accordance with the civil-service laws shall be made by the Secretary, 
and may be made effective as of the date on which such officer or 
employee enters upon duty.

(July 1, 1944, ch. 373, title II, Sec. 207, formerly Sec. 208, 58 Stat. 
685; July 3, 1946, ch. 538, Sec. 4, 60 Stat. 421; Aug. 13, 1946, ch. 
958, Sec. 3, 60 Stat. 1049; renumbered Sec. 207 and amended Feb. 28, 
1948, ch. 83, Sec. 5(a)-(d), 62 Stat. 40; Oct. 12, 1949, ch. 681, title 
V, Sec. 521(a), 63 Stat. 834; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. 
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, 
Sec. 3(a)-(c)(1), 70 Stat. 116; Pub. L. 86-415, Secs. 2, 3, Apr. 8, 
1960, 74 Stat. 32; Pub. L. 96-76, title III, Sec. 305, Sept. 29, 1979, 
93 Stat. 585; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 
Stat. 695; Pub. L. 97-35, title XXVII, Sec. 2765(c), Aug. 13, 1981, 95 
Stat. 933; Pub. L. 97-414, Sec. 8(a), Jan. 4, 1983, 96 Stat. 2060.)

                       References in Text

    The civil-service laws, referred to in subsecs. (f), (g), and (i), 
are set out in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.

                          Codification

    In subsec. (f), the words ``and their compensation may be fixed 
without regard to the Classification Act of 1923, as amended'', and in 
subsec. (g), the words ``and compensated without regard to the 
Classification Act of 1923, as amended'' were omitted as obsolete. 
Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 
973, repealed the 1923 Act and all laws or parts of laws inconsistent 
with the 1949 Act. While section 1106(a) of the 1949 Act provided that 
references in other laws to the 1923 Act should be held and considered 
to mean the 1949 Act, it did not have the effect of continuing the 
exceptions contained in subsecs. (f) and (g) because of section 1106(b) 
which provided that the application of the 1949 Act to any position, 
officer, or employee shall not be affected by section 1106(a). The 
Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 
1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted 
Title 5, Government Organization and Employees, into law). Section 5102 
of Title 5 contains the applicability provisions of the 1949 Act, and 
section 5103 of Title 5 authorizes the Office of Personnel Management to 
determine the applicability to specific positions and employees.
    In subsec. (h), the references to subsections (f) and (g) of this 
section were, in the original, references to subsections (e) and (f) and 
were changed to reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 207 of act July 1, 1944, was classified to section 
208 of this title, prior to repeal by act Feb. 28, 1948, ch. 83, 
Sec. 5(a), 62 Stat. 40.


                               Amendments

    1983--Subsec. (a)(1). Pub. L. 97-414 inserted ``psychology,'' after 
``pharmacy,''.
    1981--Subsec. (b)(1). Pub. L. 97-35 inserted provisions relating to 
exception for an appointment under section 205 of this title.
    1979--Subsec. (a)(1). Pub. L. 96-76 inserted applicability to 
warrant officers and chief warrant officers.
    1960--Subsec. (a)(3). Pub. L. 86-415, Sec. 2, added par. (3).
    Subsec. (b). Pub. L. 86-415, Sec. 3, designated first, second and 
third sentences as par. (1), fourth sentence as par. (3), and added par. 
(2).
    1956--Subsec. (a)(1). Act Apr. 27, 1956, Sec. 3(a), inserted 
reference to subsection (e) of this section.
    Subsec. (a)(2). Act Apr. 27, 1956, Sec. 3(c)(1), substituted ``an 
indefinite period'' for ``a period of not more than five years''.
    Subsecs. (e) to (i). Act Apr. 27, 1956, Sec. 3(b), added subsec. (e) 
and redesignated former subsecs. (e) to (h) as (f) to (i), respectively.
    1949--Subsec. (d). Act Oct. 12, 1949, substituted ``base pay'' for 
``pay and pay period'' wherever appearing.
    1948--Subsec. (a)(1). Act Feb. 28, 1948, struck out ``surgery'' 
after ``several branches of medicine''.
    Subsec. (a)(2). Act Feb. 28, 1948, struck out ``any such 
commission'' before ``may be terminated'', and ``in his discretion'' 
after ``at any time''.
    Subsec. (b). Act Feb. 28, 1948, provided for grade and number of 
original appointments.
    Subsecs. (c) to (f). Act Feb. 28, 1948, added subsecs. (c) and (d) 
and redesignated former subsecs. (c) and (d) as (e) and (f), 
respectively. Former subsecs. (e) and (f) redesignated (g) and (h).
    Subsec. (g). Act Feb. 28, 1948, redesignated former subsec. (e) as 
(g) and changed reference in text from ``subsection (c) of this 
section'' to ``subsection (e) of this section'', and ``subsection (d) of 
this section'' to ``subsection (g) of this section''.
    Subsec. (h). Act Feb. 28, 1948, redesignated former subsec. (f) as 
(h).
    1946--Subsec. (b). Act July 3, 1946, authorized appointment of 
additional officers to grades above that of senior assistant but not 
above that of director, and limits the number so appointed to 20.
    Subsec. (b)(2). Act Aug. 13, 1946, inserted ``(A)'' before ``to 
assist'', substituted ``clause'' for ``paragraphs'', and inserted cl. 
(B).


                    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 section 206 of this title.


                    Effective Date of 1960 Amendment

    Section 8(a) of Pub. L. 86-415 provided that: ``The amendments made 
by sections 2 and 5(b) [amending this section and section 210 of this 
title] shall become effective July 1, 1960.''


                    Effective Date of 1949 Amendment

    Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 
533(a) of act Oct. 12, 1949.

                          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.
    Functions of Federal Security Administrator transferred 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 Agency and office of Administrator 
abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20.

                         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.


         Term of Reserve Commissions in Effect on April 27, 1956

    Section 3(c)(2) of act Apr. 27, 1956, provided that: ``The enactment 
of paragraph (1) of this subsection [amending subsec. (a)(2) of this 
section] shall not affect the term of the commission of any officer in 
the Reserve Corps in effect on the date of such enactment [Apr. 27, 
1956] unless such officer consents in writing to the extension of his 
commission for an indefinite period, in which event his commission shall 
be so extended without the necessity of a new appointment.''

                  Section Referred to in Other Sections

    This section is referred to in sections 210, 210b of this title; 
title 10 section 2130a.
