
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[634(b)]]
[CITE: 42USC210]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 210. Pay and allowances


(a) Commissioned officers of Regular and Reserve Corps; special pay for 
        active duty; incentive special pay for Public Health Service 
        nurses

    (1) Commissioned officers of the Regular and Reserve Corps shall be 
entitled to receive such pay and allowances as are now or may hereafter 
be authorized by law.
    (2)(A) Except as provided in subparagraph (B), commissioned medical 
and dental officers in the Regular and Reserve Corps shall while on 
active duty be paid special pay in the same amounts as, and under the 
same terms and conditions which apply to, the special pay now or 
hereafter paid to commissioned medical and dental officers of the Armed 
Forces under chapter 5 of title 37.
    (B) A commissioned medical officer in the Regular or Reserve Corps 
(other than an officer serving in the Indian Health Service) may not 
receive additional special pay under section 302(a)(4) of title 37 for 
any period during which the officer is providing obligated service under 
(i) section 254m of this title, (ii) section 234(e) \1\ of this title 
(as such section was in effect prior to October 1, 1977), or (iii) 
section 294u \1\ of this title (as such section was in effect between 
October 1, 1977, and August 13, 1981).
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    \1\ See References in Text note below.
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    (3) Commissioned nurse officers in the Regular and Reserve Corps 
shall, while in active duty, be paid incentive special pay in the same 
amounts as, and under the same terms and conditions which apply to, the 
incentive special pay now or hereafter paid to commissioned nurse 
officers of the Armed Forces under chapter 5 of title 37.

(b) Purchase of supplies

    Commissioned officers on active duty and retired officers entitled 
to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this 
title, shall be permitted to purchase supplies from the Army, Navy, Air 
Force, and Marine Corps at the same price as is charged officers 
thereof.

(c) Members of national advisory or review councils or committees

    Members of the National Advisory Health Council and members of other 
national advisory or review councils or committees established under 
this chapter, including members of the Technical Electronic Product 
Radiation Safety Standards Committee and the Board of Regents of the 
National Library of Medicine, but excluding ex officio members, while 
attending conferences or meetings of their respective councils or 
committees or while otherwise serving at the request of the Secretary, 
shall be entitled to receive compensation at rates to be fixed by the 
Secretary, but at rates not exceeding the daily equivalent of the rate 
specified at the time of such service for grade GS-18 of the General 
Schedule, including traveltime; and while away from their homes or 
regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 5703 
of title 5 for persons in the Government service employed 
intermittently.

(d) Field employees

    Field employees of the Service, except those employed on a per diem 
or fee basis, who render part-time duty and are also subject to call at 
any time for services not contemplated in their regular part-time 
employment, may be paid annual compensation for such part-time duty and, 
in addition, such fees for such other services as the Surgeon General 
may determine; but in no case shall the total paid to any such employee 
for any fiscal year exceed the amount of the minimum annual salary rate 
of the classification grade of the employee.

(e) Additional pay for service at Gillis W. Long Hansen's Disease Center

    Any civilian employee of the Service who is employed at the Gillis 
W. Long Hansen's Disease Center on April 7, 1986, shall be entitled to 
receive, in addition to any compensation to which the employee may 
otherwise be entitled and for so long as the employee remains employed 
at the Center, an amount equal to one-fourth of such compensation.

(f) Allowances included in fellowships

    Individuals appointed under section 209(g) of this title shall have 
included in their fellowships such stipends or allowances, including 
travel and subsistence expenses, as the Surgeon General may deem 
necessary to procure qualified fellows.

(g) Positions in professional, scientific and executive service; 
        compensation; appointment

    The Secretary is authorized to establish and fix the compensation 
for, within the Public Health Service, not more than one hundred and 
seventy-nine positions, of which not less than one hundred and fifteen 
shall be for the National Institutes of Health, not less than five shall 
be for the National Institute on Alcohol Abuse and Alcoholism for 
individuals engaged in research on alcohol abuse and alcoholism, not 
less than ten shall be for the National Center for Health Services 
Research, not less than twelve shall be for the National Center for 
Health Statistics, and not less than seven shall be for the National 
Center for Health Care Technology, in the professional, scientific, and 
executive service, each position being established to effectuate those 
research and development activities of the Public Health Service which 
require the services of specially qualified scientific, professional and 
administrative personnel: Provided, That the rates of compensation for 
positions established pursuant to the provisions of this subsection 
shall not be less than the minimum rate of grade 16 of the General 
Schedule nor more than (1) the highest rate of grade 18 of the General 
Schedule, or (2) in the case of two such positions, the rate specified, 
at the time the service in the position is performed, for level II of 
the Executive Schedule (5 U.S.C. 5313); and such rates of compensation 
for all positions included in this proviso shall be subject to the 
approval of the Director of the Office of Personnel Management. 
Positions created pursuant to this subsection shall be included in the 
classified civil service of the United States, but appointments to such 
positions shall be made without competitive examination upon approval of 
the proposed appointee's qualifications by the Director of the Office of 
Personnel Management or such officers or agents as it may designate for 
this purpose.

(July 1, 1944, ch. 373, title II, Sec. 208, formerly Sec. 209, 58 Stat. 
686; July 3, 1946, ch. 538, Sec. 5(a), 60 Stat. 422; renumbered Sec. 208 
and amended Feb. 28, 1948, ch. 83, Sec. 5(a), (g), (h), 62 Stat. 40; 
June 16, 1948, ch. 481, Sec. 4(d), 62 Stat. 467; June 24, 1948, ch. 621, 
Sec. 4(d), 62 Stat. 601; Oct. 12, 1949, ch. 681, title V, Sec. 521(b), 
63 Stat. 834; Aug. 9, 1950, ch. 654, Sec. 1, 64 Stat. 426; Aug. 15, 
1950, ch. 714, Secs. 3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, 
Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, 
ch. 437, title II, Sec. 201, 69 Stat. 407; June 29, 1956, ch. 477, title 
II, Sec. 201, 70 Stat. 430; July 31, 1956, ch. 804, title I, 
Sec. 117(b), 70 Stat. 741; Pub. L. 85-462, Sec. 12(e), June 20, 1958, 72 
Stat. 214; Pub. L. 85-929, Sec. 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 
86-415, Sec. 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-703, title II, 
Sec. 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87-649, Secs. 11(3), 14b, 
Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87-793, Sec. 1001(d), Oct. 11, 
1962, 76 Stat. 864; Pub. L. 88-426, title III, Sec. 305(1), Aug. 14, 
1964, 78 Stat. 422; Pub. L. 90-574, title V, Sec. 501, Oct. 15, 1968, 82 
Stat. 1012; Pub. L. 91-515, title VI, Sec. 601(b)(1), Oct. 30, 1970, 84 
Stat. 1310; Pub. L. 92-157, title III, Sec. 301(a), Nov. 18, 1971, 85 
Stat. 463; Pub. L. 95-83, title III, Sec. 312, Aug. 1, 1977, 91 Stat. 
398; Pub. L. 95-623, Sec. 11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 
3783; Pub. L. 96-32, Sec. 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96-
398, title VIII, Sec. 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99-117, 
Sec. 3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99-272, title XVII, 
Sec. 17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100-607, 
title VII, Sec. 706, Nov. 4, 1988, 102 Stat. 3159.)

                       References in Text

    Section 234 of this title, referred to in subsec. (a)(2)(B), was 
repealed by Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct. 12, 1976, 90 
Stat. 2281, effective Oct. 1, 1977.
    Section 294u of this title, referred to in subsec. (a)(2)(B), was in 
the original a reference to section 752 of act July 1, 1944, which was 
renumbered section 338B by Pub. L. 97-35, title XXVII, Sec. 2709(a), 
Aug. 13, 1981, 95 Stat. 908, and transferred to section 254m of this 
title. Section 338B of act July 1, 1944, was renumbered section 338C by 
Pub. L. 100-177, title II, Sec. 201(2), Dec. 1, 1987, 101 Stat. 992.
    Classified civil service, referred to in subsec. (g), as meaning 
``competitive service'', see section 2102(c) of Title 5, Government 
Organization and Employees.


                            Prior Provisions

    A prior section 208 of act July 1, 1944, was renumbered section 207 
and is classified to section 209 of this title.


                               Amendments

    1988--Subsec. (a)(3). Pub. L. 100-607 added par. (3).
    1986--Subsec. (a)(2)(B). Pub. L. 99-272, Sec. 17002(a)(1), inserted 
``(other than an officer serving in the Indian Health Service)''.
    Subsec. (e). Pub. L. 99-272, Sec. 17002(b), amended subsec. (e) 
generally. Prior to amendment, subsec. (e) read as follows: ``Whenever 
any noncommissioned officer or other employee of the Service is assigned 
for duty which the Surgeon General finds requires intimate contact with 
persons afflicted with leprosy, he may be entitled to receive, as 
provided by regulations of the President, in addition to any pay or 
compensation to which he may otherwise be entitled, not more than one-
half of such pay or compensation.''
    1985--Subsec. (a)(2). Pub. L. 99-117 substituted ``(A) Except as 
provided in subparagraph (B), commissioned'' for ``Commissioned'', and 
added subpar. (B).
    1980--Subsec. (a). Pub. L. 96-398 redesignated existing provisions 
as par. (1) and added par. (2).
    1979--Subsec. (c). Pub. L. 96-32 substituted ``section 5703 of title 
5'' for ``section 5703(b) of title 5''.
    1978--Subsec. (g). Pub. L. 95-623 increased limitation on 
establishment of positions to one hundred and seventy-nine from one 
hundred and fifty-five and required minimum number of positions for 
certain National Centers: ten, National Center for Health Services 
Research; twelve, National Center for Health Statistics; and seven, 
National Center for Health Care Technology.
    1977--Subsec. (g). Pub. L. 95-83 increased limitation on 
establishment of positions to one hundred and fifty-five from one 
hundred and fifty and required not less than five for the National 
Institute on Alcohol Abuse and Alcoholism for individuals engaged in 
research on alcohol abuse and alcoholism.
    1971--Subsec. (f). Pub. L. 92-157, which directed that ``subsection 
(g)'' be substituted for ``section 209(f)'', was executed by 
substituting ``section 209(g) of this title'' for ``section 209(f) of 
this title'', to reflect the probable intent of Congress.
    1970--Subsec. (c). Pub. L. 91-515 extended coverage to encompass 
members of other national review councils or national advisory or review 
committees established under this chapter, including members of the 
Technical Electronic Product Radiation Safety Standards Committee and 
the Board of Regents of the National Library of Medicine, authorized 
service to be at the request of the Secretary in place of the Surgeon 
General, and revised rates of compensation and travel allowances.
    1968--Subsec. (g). Pub. L. 90-574 inserted ``(1)'' after ``nor more 
than'' and added cl. (2).
    1962--Subsec. (b). Pub. L. 87-649 struck out sentence which 
permitted commissioned officers on active duty to make allotments from 
their pay, and substituted ``Commissioned officers on active duty and 
retired officers'' for ``Such officers, and retired officers.'' See 
section 704 of Title 37, Pay and Allowances of the Uniformed Services.
    Subsec. (g). Pub. L. 87-793 substituted provisions requiring the 
rates of compensation to be not less than the minimum rate of grade 16 
nor more than the highest rate of grade 18 of the General Schedule, for 
provisions which prescribed annual rates of compensation of not less 
than $12,500 nor more than $19,000.
    1960--Subsec. (b). Pub. L. 86-415 authorized retired officers 
entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) 
of this title, to purchase supplies, and included the purchase of 
supplies from the Air Force.
    Subsec. (g). Pub. L. 86-703 substituted ``one hundred and fifty'' 
for ``eighty-five'' and ``one hundred and fifteen'' for ``seventy-
three''.
    1958--Subsec. (g). Pub. L. 85-929 substituted ``in the professional, 
scientific, and executive service'' for ``in the professional and 
scientific service'', and substituted ``of specially qualified 
scientific, professional, and administrative personnel'' for ``of 
specially qualified scientific or professional personnel''.
    Pub. L. 85-462, substituted ``eighty-five positions, of which not 
less than seventy-three shall be for the National Institutes of Health'' 
for ``sixty positions''.
    1956--Subsec. (g). Act June 29, 1956, substituted ``$20,000'' for 
``$15,000''.
    1955--Subsec. (g). Act Aug. 1, 1955, increased from thirty to sixty 
the number of positions which the Administrator may establish in the 
professional and scientific service.
    1950--Subsec. (b). Act Aug. 9, 1950, struck out ``and may be granted 
leaves of absence without any deduction from their pay'' after 
``allotments from their pay'' in first sentence.
    Subsec. (c). Act Aug. 15, 1950, Sec. 3(e), made provisions 
applicable to members of all national advisory councils.
    Subsec. (g). Act Aug. 15, 1950, Sec. 4(b), added subsec. (g).
    1949--Subsec. (a). Act Oct. 12, 1949, made section applicable to 
Reserve officers.
    Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b) and 
repealed former subsec. (b) relating to Reserve officers.
    Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c). 
Former subsec. (c) redesignated (b).
    Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d) and 
repealed former subsec. (d) relating to female commissioned officers and 
defining ``dependent''.
    Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e) and 
struck out references to allowances. Former subsec. (e) redesignated 
(c).
    Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f). 
Former subsec. (f) redesignated (d).
    Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsecs. (g) and 
(h) as (e) and (f), respectively.
    1948--Subsec. (b). Act Feb. 28, 1948, inserted ``except as otherwise 
provided by law''.
    Subsec. (e). Acts June 16, 1948, Sec. 4(d), and June 24, 1948, 
Sec. 4(d), made section applicable to the National Advisory Heart 
Council and increased the per diem of all members from $25 to $50, and 
made section applicable to the National Advisory Dental Research 
Council, respectively.
    Subsec. (h). Act Feb. 28, 1948, substituted ``section 209(f) of this 
title'' for ``section 209(d) of this title''.
    1946--Subsec. (e). Act July 3, 1946, inserted ``members of the 
National Advisory Mental Health Council''.


                    Effective Date of 1986 Amendment

    Section 17002(a)(2) of Pub. L. 99-272 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect as of 
October 7, 1985.''


                    Effective Date of 1985 Amendment

    Section 3(b) of Pub. L. 99-117 provided that: ``The amendment made 
by subsection (a) [amending this section] shall not diminish any 
benefits under an agreement entered into before the date of enactment of 
this Act [Oct. 7, 1985] by a commissioned medical officer in the Regular 
Corps or the Reserve Corps of the Public Health Service.''


                    Effective Date of 1962 Amendments

    Amendment by Pub. L. 87-793 effective first day of first pay period 
which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-
793.
    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 Allowances of the Uniformed Services.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-415 effective July 1, 1960, see section 8(a) 
of Pub. L. 86-415, set out as a note under section 209 of this title.


                    Effective Date of 1958 Amendments

    Amendment by Pub. L. 85-929 effective Sept. 6, 1958, see section 
6(a) of Pub. L. 85-929, set out as a note under section 342 of Title 21, 
Food and Drugs.
    Amendment by Pub. L. 85-462 effective June 20, 1958, see section 
17(b) of Pub. L. 85-462.


                    Effective Date of 1956 Amendment

    Amendment by act July 31, 1956, effective at beginning of first pay 
period commencing after June 30, 1956, see section 120 of act July 31, 
1956.


                    Effective Date of 1950 Amendment

    Section 3(a) of act Aug. 9, 1950, provided that: ``Sections 1 and 2 
of this Act [amending this section and enacting section 210-1 of this 
title] shall become effective on July 1, 1950.''


                    Effective Date of 1949 Amendment

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


                                 Repeals

    Act July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741, 
cited as a credit to this section, which amended subsec. (g) of this 
section to increase the salary rates, was repealed by Pub. L. 88-426, 
title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422.

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``Civil Service Commission'' in subsec. (g) pursuant to Reorg. Plan No. 
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 
1101 of Title 5, Government Organization and Employees, which 
transferred functions vested by statute in United States Civil Service 
Commission to Director of Office of Personnel Management (except as 
otherwise specified), effective Jan. 1, 1979, as provided by section 1-
102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under 
section 1101 of Title 5.
    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, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as 
amended, set out as a note under section 202 of this title.


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


          Maximum Pay and Allowances for Specific Fiscal Years

    Pub. L. 100-436, title II, Sec. 208, Sept. 20, 1988, 102 Stat. 1699, 
provided in part that: ``No funds appropriated for the fiscal year 
ending September 30, 1989, by this or any other Act, may be used to pay 
basic pay, special pays, basic allowances for subsistence and basic 
allowances for quarters of the commissioned corps of the Public Health 
Service described in section 204 of title 42, United States Code, at a 
level that exceeds 110 percent of the Executive Level I [5 U.S.C. 5312] 
annual rate of basic pay''.
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987, 
101 Stat. 1329-256, 1329-274.
    Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct. 
18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 
5233, title II, Sec. 208], Oct. 30, 1986, 100 Stat. 3341-287.
    Pub. L. 99-178, title II, Sec. 208, Dec. 12, 1985, 99 Stat. 1119.
    Pub. L. 98-619, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3321.
    Pub. L. 98-139, title II, Sec. 208, Oct. 31, 1983, 97 Stat. 888.


                 Nurses and Allied Health Professionals

    Pub. L. 100-436, title II, Sec. 214, Sept. 20, 1988, 102 Stat. 1700, 
provided that: ``Funds made available for fiscal year 1989 and hereafter 
to the National Institutes of Health shall be available for payment of 
nurses and allied health professionals using pay, schedule options, 
benefits, and other authorities as provided for the nurses of the 
Veterans' Administration under 38 U.S.C. chapter 73.''


                            Cross References

    Allotments by commissioned officers of the Public Health Service, 
see section 704 of Title 37, Pay and Allowances of the Uniformed 
Services.
    National advisory councils, see section 218 of this title.
    Pay and allowances of officers of Public Health Service, see Title 
37, Pay and Allowances of the Uniformed Services.

                  Section Referred to in Other Sections

    This section is referred to in sections 217a, 242k, 286b-2, 289 of 
this title; title 21 section 360kk.
