
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: 42USC218a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 218a. Training of officers


(a) In general

    Appropriations available for the pay and allowances of commissioned 
officers of the Service shall also be available for the pay and 
allowances of any such officer on active duty while attending any 
Federal or non-Federal educational institution or training program and, 
subject to regulations of the President and to the limitation prescribed 
in such appropriations, for payment of his tuition, fees, and other 
necessary expenses incident to such attendance.

(b) Voluntary separation within period subsequent to attendance

    Any officer whose tuition, fees, and other necessary expenses are 
paid pursuant to subsection (a) of this section while attending an 
educational institution or training program for a period in excess of 
thirty days shall be obligated to pay to the Service an amount equal to 
two times the total amount of such tuition, fees, and other necessary 
expenses received by such officer during such period, and two times the 
total amount of any compensation received by, and any allowance paid to, 
such officer during such period, if after return to active service such 
officer voluntarily leaves the Service within (1) six months, or (2) 
twice the period of such attendance, whichever is greater. Such 
subsequent period of service shall commence upon the cessation of such 
attendance and of any further continuous period of training duty for 
which no tuition and fees are paid by the Service and which is part of 
the officer's prescribed formal training program, whether such further 
training is at a Service facility or otherwise. The Surgeon General may 
waive, in whole or in part, any payment which may be required by this 
subsection upon a determination that such payment would be inequitable 
or would not be in the public interest.

(c) Training in leave without pay status

    A commissioned officer may be placed in leave without pay status 
while attending an educational institution or training program whenever 
the Secretary determines that such status is in the best interest of the 
Service. For purposes of computation of basic pay, promotion, 
retirement, compensation for injury or death, and the benefits provided 
by sections 213 and 233 of this title, an officer in such status 
pursuant to the preceding sentence shall be considered as performing 
service in the Service and shall have an active service obligation as 
set forth in subsection (b) of this section.

(July 1, 1944, ch. 373, title II, Sec. 218, as added Feb. 28, 1948, ch. 
83, Sec. 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, Sec. 6, 70 
Stat. 117; Pub. L. 96-76, title III, Sec. 310, Sept. 29, 1979, 93 Stat. 
585; Pub. L. 105-392, title IV, Sec. 402(b), Nov. 13, 1998, 112 Stat. 
3588.)


                               Amendments

    1998--Subsec. (c). Pub. L. 105-392 added subsec. (c).
    1979--Subsec. (b). Pub. L. 96-76 substituted provisions relating to 
payment by an officer to the Service upon voluntary separation of two 
times the total amount of tuition, fees, and other necessary expenses 
received by such officer and two times the total amount of any 
compensation received by, and any allowance paid to, such officer, for 
provisions relating to reimbursement by the officer to the Service upon 
voluntary separation of tuition and fees and in last sentence 
substituted ``payment'' for ``reimbursement'' wherever appearing.
    1956--Subsec. (a). Act Apr. 27, 1956, Sec. 6(a), authorized training 
of all officers of the Service, and substituted ``any Federal or non-
Federal educational institution or training program'' for ``any 
educational institution''.
    Subsec. (b). Act Apr. 27, 1956, Sec. 6(b), required reimbursement of 
tuition and fees by officers who receive training in excess of 30 days 
and who voluntarily leave the Service within a period of time which is 
equal to twice the period of such training, with a minimum period of six 
months of service, and a maximum period of two years, and permitted the 
Surgeon General to waive any reimbursement.

                          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, 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.
