
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: 42USC215]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 215. Detail of Service personnel


(a) Other Government departments

    The Secretary is authorized, upon the request of the head of an 
executive department, to detail officers or employees of the Service to 
such department for duty as agreed upon by the Secretary and the head of 
such department in order to cooperate in, or conduct work related to, 
the functions of such department or of the Service. When officers or 
employees are so detailed their salaries and allowances may be paid from 
working funds established as provided by law or may be paid by the 
Service from applicable appropriations and reimbursement may be made as 
agreed upon by the Secretary and the head of the executive department 
concerned. Officers detailed for duty with the Army, Air Force, Navy, or 
Coast Guard shall be subject to the laws for the government of the 
service to which detailed.

(b) State health or mental health authorities

    Upon the request of any State health authority or, in the case of 
work relating to mental health, any State mental health authority, 
personnel of the Service may be detailed by the Surgeon General for the 
purpose of assisting such State or a political subdivision thereof in 
work related to the functions of the Service.

(c) Congressional committees and nonprofit educational, research, or 
        other institutions engaged in health activities for special 
        studies and dissemination of information

    The Surgeon General may detail personnel of the Service to any 
appropriate committee of the Congress or to nonprofit educational, 
research \1\ or other institutions engaged in health activities for 
special studies of scientific problems and for the dissemination of 
information relating to public health.
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    \1\ So in original. Probably should be followed by a comma.
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(d) Availability of funds; reimbursement by State; detailed services 
        deemed service for computation of pay, promotion, etc.

    Personnel detailed under subsections (b) and (c) of this section 
shall be paid from applicable appropriations of the Service, except 
that, in accordance with regulations such personnel may be placed on 
leave without pay and paid by the State, subdivision, or institution to 
which they are detailed. In the case of detail of personnel under 
subsections (b) or (c) of this section to be paid from applicable 
Service appropriations, the Secretary may condition such detail on an 
agreement by the State, subdivision, or institution concerned that such 
State, subdivision, or institution concerned shall reimburse the United 
States for the amount of such payments made by the Service. The services 
of personnel while detailed pursuant to this section shall be considered 
as having been performed in the Service for purposes of the computation 
of basic pay, promotion, retirement, compensation for injury or death, 
and the benefits provided by section 213 of this title.

(July 1, 1944, ch. 373, title II, Sec. 214, 58 Stat. 690; July 3, 1946, 
ch. 538, Sec. 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, 
Sec. 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 
11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III, 
Sec. 309, Sept. 29, 1979, 93 Stat. 585.)

                          Codification

    In subsec. (a), Air Force was inserted on the authority of section 
207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which 
established a separate Department of the Air Force, and Secretary of 
Defense Transfer Order No. 40 [App. A(74)], July 22, 1949, which 
transferred certain functions, insofar as they pertain to the Air Force, 
which were not previously transferred to the Department of the Air Force 
and Secretary of the Air Force. Section 207(a), (f) of act July 26, 
1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A 
Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10, Armed 
Forces'', which in sections 8010 to 8013 continued the Department of the 
Air Force under the administrative supervision of a Secretary of the Air 
Force.


                               Amendments

    1979--Subsec. (c). Pub. L. 96-76, Sec. 309(a), inserted provisions 
authorizing detail of personnel to appropriate committees of Congress.
    Subsec. (d). Pub. L. 96-76, Sec. 309(b), inserted provisions 
relating to agreements by States, etc., for reimbursement upon detail of 
personnel.
    1949--Subsec. (d). Act Oct. 12, 1949, substituted ``the computation 
of basic pay'' for ``longevity pay''.
    1946--Subsec. (b). Act July 3, 1946, provided for detail of 
personnel on request from a State mental health authority.


                    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.


   Transfers of Personnel Occasioned by Creation of the Environmental 
                            Protection Agency

    Pub. L. 91-604, Sec. 15(b)(1)-(8)(A), Dec. 31, 1970, 84 Stat. 1710-
1712, provided that:
    ``(1) Subject to such requirements as the Civil Service Commission 
may prescribe, any commissioned officer of the Public Health Service 
(other than an officer who retires under section 211 of the Public 
Health Service Act [section 212 of this title] after his election but 
prior to his transfer pursuant to this paragraph and paragraph (2)) who, 
upon the day before the effective date of Reorganization Plan Numbered 3 
of 1970 (hereinafter in this subsection referred to as the `plan'), is 
serving as such officer (A) primarily in the performance of functions 
transferred by such plan to the Environmental Protection Agency or its 
Administrator (hereinafter in this subsection referred to as the 
`Agency' and the `Administrator,' respectively), may, if such officer so 
elects, acquire competitive status and be transferred to a competitive 
position in the Agency; or (B) primarily in the performance of functions 
determined by the Secretary of Health, Education, and Welfare 
(hereinafter in this subsection referred to as the `Secretary') to be 
materially related to the functions so transferred, may, if authorized 
by agreement between the Secretary and the Administrator, and if such 
officer so elects, acquire such status and be so transferred.
    ``(2) An election pursuant to paragraph (1) shall be effective only 
if made in accordance with such procedures as may be prescribed by the 
Civil Service Commission (A) before the close of the 24th month after 
the effective date of the plan [Dec. 2, 1970], or (B) in the case of a 
commissioned officer who would be liable for training and service under 
the Military Selective Service Act of 1967 [section 451 et seq. of Title 
50, App., War and National Defense] but for the operation of section 
6(b)(3) thereof (50 U.S.C. App. 456(b)(3)), before (if it occurs later 
than the close of such 24th month) the close of the 90th day after the 
day upon which he has completed his 24th month of service as such 
officer.
    ``(3)(A) Except as provided in subparagraph (B), any commissioned 
officer of the Public Health Service who, pursuant to paragraphs (1) and 
(2), elects to transfer to a position in the Agency which is subject to 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code (hereinafter in this subsection referred to as the `transferring 
officer'), shall receive a pay rate of the General Schedule grade of 
such position which is not less than the sum of the following amounts 
computed as of the day preceding the date of such election:
        ``(i) the basic pay, the special pay, the continuation pay, and 
    the subsistence and quarters allowances, to which he is annually 
    entitled as a commissioned officer of the Public Health Service 
    pursuant to title 37, United States Code;
        ``(ii) the amount of Federal income tax, as determined by 
    estimate of the Secretary, which the transferring officer, had he 
    remained a commissioned officer, would have been required to pay on 
    his subsistence and quarters allowances for the taxable year then 
    current if they had not been tax free;
        ``(iii) an amount equal to the biweekly average cost of the 
    coverages designated `high option, self and family' under the 
    Government-wide Federal employee health benefits programs plans, 
    multiplied by twenty-six; and
        ``(iv) an amount equal to 7 per centum of the sum of the amounts 
    determined under clauses (i) through (iii), inclusive.
    ``(B) A transferring officer shall in no event receive, pursuant to 
subparagraph (A), a pay rate in excess of the maximum rate applicable 
under the General Schedule to the class of position, as established 
under chapter 51 of title 5, United States Code, to which such officer 
is transferred pursuant to paragraphs (1) and (2).
    ``(4)(A) A transferring officer shall be credited, on the day of his 
transfer pursuant to his election under paragraphs (1) and (2), with one 
hour of sick leave for each week of active service, as defined by 
section 211(d) of the Public Health Service Act [section 212(d) of this 
title].
    ``(B) The annual leave to the credit of a transferring officer on 
the day before the day of his transfer, shall, on such day of transfer, 
be transferred to his credit in the Agency on an adjusted basis under 
regulations prescribed by the Civil Service Commission. The portion of 
such leave, if any, that is in excess of the sum of (i) 240 hours, and 
(ii) the number of hours that have accrued to the credit of the 
transferring officer during the calendar year then current and which 
remain unused, shall thereafter remain to his credit until used, and 
shall be reduced in the manner described by subsection (c) of section 
6304 of title 5, United States Code.
    ``(5) A transferring officer who is required to change his official 
station as a result of his transfer under this subsection shall be paid 
such travel, transportation, and related expenses and allowances, as 
would be provided pursuant to subchapter II of chapter 57 of title 5, 
United States Code, in the case of a civilian employee so transferred in 
the interest of the Government. Such officer shall not (either at the 
time of such transfer or upon a subsequent separation from the 
competitive service) be deemed to have separated from, or changed 
permanent station within, a uniformed service for purposes of section 
404 of title 37, United States Code.
    ``(6) Each transferring officer who prior to January 1, 1958, was 
insured pursuant to the Federal Employees' Group Life Insurance Act of 
1954, and who subsequently waived such insurance, shall be entitled to 
become insured under chapter 87 of title 5, United States Code, upon his 
transfer to the Agency regardless of age and insurability.
    ``(7)(A) Effective as of the date a transferring officer acquires 
competitive status as an employee of the Agency, there shall be 
considered as the civilian service of such officer for all purposes of 
chapter 83, title 5, United States Code, (i) his active service as 
defined by section 211(d) of the Public Health Service Act [section 
212(d) of this title], or (ii) any period for which he would have been 
entitled, upon his retirement as a commissioned officer of the Public 
Health Service, to receive retired pay pursuant to section 211(a)(4)(B) 
of such Act [section 212(a)(4)(B) of this title]; however, no 
transferring officer may become entitled to benefits under both 
subchapter III of such chapter and title II of the Social Security Act 
[section 401 et seq. of this title] based on service as such a 
commissioned officer performed after 1956, but the individual (or his 
survivors) may irrevocably elect to waive benefit credit for the service 
under one such law to secure credit under the other.
    ``(B) A transferring officer on whose behalf a deposit is required 
to be made by subparagraph (C) and who, after transfer to a competitive 
position in the Agency under paragraphs (1) and (2), is separated from 
Federal service or transfers to a position not covered by subchapter III 
of chapter 83 of title 5, United States Code, shall not be entitled, nor 
shall his survivors be entitled, to a refund of any amount deposited on 
his behalf in accordance with this section. In the event he transfers, 
after transfer under paragraphs (1) and (2), to a position covered by 
another Government staff requirement system under which credit is 
allowable for service with respect to which a deposit is required under 
subparagraph (C), no credit shall be allowed under such subchapter III 
with respect to such service.
    ``(C) The Secretary shall deposit in the Treasury of the United 
States to the credit of the Civil Service Retirement and Disability 
Fund, on behalf of and to the credit of such transferring officer, an 
amount equal to that which such individual would be required to deposit 
in such fund to cover the years of service credited to him for purposes 
of his retirement under subparagraph (A), had such service been service 
as an employee as defined in section 8331(1) of title 5, United States 
Code. The amount so required to be deposited with respect to any 
transferring officer shall be computed on the basis of the sum of each 
of the amounts described in paragraph (3)(A) which were received by, or 
accrued to the benefit of, such officer during the years so credited. 
The deposits which the Secretary is required to make under this 
subparagraph with respect to any transferring officer shall be made 
within two years after the date of his transfer as provided in 
paragraphs (1) and (2), and the amounts due under this subparagraph 
shall include interest computed from the period of service credited to 
the date of payment in accordance with section 8334(e) of title 5, 
United States Code.
    ``(8)(A) A commissioned officer of the Public Health Service, who, 
upon the day before the effective date of the plan, is on active service 
therewith primarily assigned to the performance of functions described 
in paragraph (1)(A), shall, while he remains in active service, as 
defined by section 211(d) of the Public Health Service Act [section 
212(d) of this title], be assigned to the performance of duties with the 
Agency, except as the Secretary and the Administrator may jointly 
otherwise provide.''

                  Section Referred to in Other Sections

    This section is referred to in sections 254d, 2004b of this title; 
title 25 section 1616a.
