
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: 42USC210-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 210-1. Annual and sick leave


(a) Regulations

    In accordance with regulations of the President, commissioned 
officers of the Regular Corps and officers of the Reserve Corps on 
active duty may be granted annual leave and sick leave without any 
deductions from their pay and allowances: Provided, That such 
regulations shall not authorize annual leave to be accumulated in excess 
of sixty days.

(b) Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499

(c) Repealed. Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 93 
        Stat. 586

(d) Definitions

    For purposes of this section the term ``accumulated annual leave'' 
means unused accrued annual leave carried forward from one leave year 
into a succeeding leave year, and the term ``accrued annual leave'' 
means the annual leave accruing to an officer during one leave year.

(July 1, 1944, ch. 373, title II, Sec. 219, as added Aug. 9, 1950, ch. 
654, Sec. 2, 64 Stat. 426; amended Pub. L. 87-649, Sec. 14b, Sept. 7, 
1962, 76 Stat. 499; Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979, 
93 Stat. 586.)

                    Partial Repeal of Subsection (d)

        Subsection (d) of this section was repealed by Pub. L. 87-649, 
    Sec. 14b, Sept. 7, 1962, 76 Stat. 499, insofar as it was applicable 
    to the last sentence of subsection (c) of this section which 
    authorized a lump-sum payment to an officer credited with unused 
    accumulated and accrued annual leave. See section 501 of Title 37, 
    Pay and Allowances of the Uniformed Services.


                               Amendments

    1979--Subsec. (c). Pub. L. 96-76, repealed subsec. (c) which set 
forth limitations on granting of annual leave under subsec. (a) of this 
section.
    1962--Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which 
required forfeiture of all pay and allowances of an officer absent 
without leave. See section 503 of Title 37, Pay and Allowances of the 
Uniformed Services.
    Subsec. (c). Pub. L. 87-649 repealed last sentence which authorized 
a lump-sum payment for unused accumulated and accrued annual leave on 
date of separation, retirement, or release from active duty. See section 
501 of Title 37, Pay and Allowances of the Uniformed Services.


                    Effective Date of 1962 Amendment

    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

    Section effective July 1, 1950, see section 3(a) of act Aug. 9, 
1950, set out as an Effective Date of 1950 Amendment note under section 
210 of this title.

                          Transfer of Functions

    Functions of Public Health Service, of 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, 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.


   Compensation for Prior Accumulated and Accrued Leave; Limitation; 
    Inapplicable to Officers on Terminal Leave Prior to July 1, 1950

    Section 3(b), (c) of act Aug. 9, 1950, provided that any officer 
credited with more than sixty days of accumulated and accrued leave on 
June 30, 1949, be compensated for so much of such leave as exceeds sixty 
days, that such compensation be due and payable on July 1, 1950, and 
that the provisions of this Act not apply to any officer on terminal 
leave preceding separation, retirement, or release from active duty.


                          Availability of Funds

    Section 4 of act Aug. 9, 1950, provided for the availability of 
funds for payment of compensation for prior accumulated and accrued 
leave for any officer under section 3 of this Act.


                            Leave Regulations

    Section 5 of act Aug. 9, 1950, provided that: ``Except insofar as 
the provisions of this Act [enacting this section, amending section 210 
of this title, and enacting provisions set out as notes under this 
section and section 210 of this title] are inconsistent therewith, leave 
regulations adopted prior to the enactment of this Act [Aug. 9, 1950], 
pursuant to the Public Health Service Act [this chapter], shall remain 
in effect until repealed, amended, or superseded.''
