Commissioned officers of Regular Corps and Ready Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses
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.
Members of national advisory or review councils or committees
section 5703 of title 5Members 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 for persons in the Government service employed intermittently.
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.
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 , 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.
Allowances included in fellowships
section 209(g) of this titleIndividuals appointed under 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.
Positions in professional, scientific and executive service; compensation; appointment
Provided5 U.S.C. 5313The 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 such 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: , 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 (); 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 58 Stat. 686 July 3, 1946, ch. 538, § 5(a) 60 Stat. 422 Feb. 28, 1948, ch. 83, § 5(a) 62 Stat. 40 June 16, 1948, ch. 481, § 4(d) 62 Stat. 467 June 24, 1948, ch. 621, § 4(d) 62 Stat. 601 Oct. 12, 1949, ch. 681 63 Stat. 834 Aug. 9, 1950, ch. 654, § 1 64 Stat. 426 Aug. 15, 1950, ch. 714 64 Stat. 447 67 Stat. 631 Aug. 1, 1955, ch. 437 69 Stat. 407 June 29, 1956, ch. 477 70 Stat. 430 July 31, 1956, ch. 804 70 Stat. 741 Pub. L. 85–462, § 12(e)72 Stat. 214 Pub. L. 85–929, § 972 Stat. 1789 Pub. L. 86–415, § 5(b)74 Stat. 34 Pub. L. 86–703, title II, § 20174 Stat. 764 Pub. L. 87–64976 Stat. 497 Pub. L. 87–793, title VI, § 1001(d)76 Stat. 864 Pub. L. 88–426, title III, § 305(1)78 Stat. 422 Pub. L. 90–574, title V, § 50182 Stat. 1012 Pub. L. 91–515, title VI, § 601(b)(1)84 Stat. 1310 Pub. L. 92–157, title III, § 301(a)85 Stat. 463 Pub. L. 95–83, title III, § 31291 Stat. 398 Pub. L. 95–623, § 11(a)92 Stat. 3455 92 Stat. 3783 Pub. L. 96–32, § 7(g)93 Stat. 84 Pub. L. 96–398, title VIII, § 80594 Stat. 1608 Pub. L. 99–117, § 3(a)99 Stat. 491 Pub. L. 99–272, title XVII, § 17002(a)(1)100 Stat. 359 Pub. L. 100–607, title VII, § 706102 Stat. 3159 Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 115–91, div. A, title VI, § 618(i)131 Stat. 1427 Pub. L. 116–136, div. A, title III, § 3214(e)(2)134 Stat. 373 (, title II, § 208, formerly § 209, ; , ; renumbered § 208 and amended , (g), (h), ; , ; , ; , title V, § 521(b), ; , ; , §§ 3(e), 4(b), ; 1953 Reorg. Plan No. 1, §§ 5, 8 eff. , 18 F.R. 2053, ; , title II, § 201, ; , title II, § 201, ; , title I, § 117(b), ; , , ; , , ; , , ; , , ; , §§ 11(3), 14b, , , 499; , , ; , , ; , , ; , , ; , , ; , , ; , , ; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, ; , , ; , , ; , , ; , (b), , ; , , ; , title VI, § 634(b)], , , 1654A–159; , , ; , , .)
Editorial Notes
References in Text
section 2102(c) of Title 5Classified civil service, referred to in subsec. (g), as meaning “competitive service”, see , Government Organization and Employees.
Prior Provisions
section 209 of this titleA prior section 208 of act , was renumbered section 207 and is classified to .
Amendments
Pub. L. 116–1362020—Subsec. (a). substituted “Regular Corps and Ready Reserve Corps” for “Regular and Reserve Corps” wherever appearing.
Pub. L. 115–912017—Subsec. (a)(2). inserted “or 373” after “section 303a(b)”.
Pub. L. 106–3982000—Subsec. (a)(2). added par. (2) and struck out former par. (2) which read as follows:
“(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.
section 302(a)(4) of title 37section 254m of this titlesection 234(e) of this titlesection 294u of this title“(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 for any period during which the officer is providing obligated service under (i) , (ii) (as such section was in effect prior to ), or (iii) (as such section was in effect between , and ).”
Pub. L. 106–398, § 1 [[div. A]Subsec. (a)(3). , title VI, § 634(b)(1)], struck out par. (3) which read as follows: “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.”
Pub. L. 100–6071988—Subsec. (a)(3). added par. (3).
Pub. L. 99–272, § 17002(a)(1)1986—Subsec. (a)(2)(B). , inserted “(other than an officer serving in the Indian Health Service)”.
Pub. L. 99–272, § 17002(b)Subsec. (e). , 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.”
Pub. L. 99–1171985—Subsec. (a)(2). substituted “(A) Except as provided in subparagraph (B), commissioned” for “Commissioned”, and added subpar. (B).
Pub. L. 96–3981980—Subsec. (a). designated existing provisions as par. (1) and added par. (2).
Pub. L. 96–32section 5703 of title 5section 5703(b) of title 51979—Subsec. (c). substituted “” for “”.
Pub. L. 95–6231978—Subsec. (g). 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.
Pub. L. 95–831977—Subsec. (g). 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.
Pub. L. 92–157section 209(g) of this titlesection 209(f) of this title1971—Subsec. (f). , which directed that “subsection (g)” be substituted for “section 209(f)”, was executed by substituting “” for “”, to reflect the probable intent of Congress.
Pub. L. 91–5151970—Subsec. (c). 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.
Pub. L. 90–5741968—Subsec. (g). inserted “(1)” after “nor more than” and added cl. (2).
Pub. L. 87–649section 704 of Title 371962—Subsec. (b). 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 , Pay and Allowances of the Uniformed Services.
Pub. L. 87–793Subsec. (g). 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.
Pub. L. 86–4151960—Subsec. (b). 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.
Pub. L. 86–703Subsec. (g). substituted “one hundred and fifty” for “eighty-five” and “one hundred and fifteen” for “seventy-three”.
Pub. L. 85–9291958—Subsec. (g). 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 , substituted “$20,000” for “$15,000”.
1955—Subsec. (g). Act , increased from thirty to sixty the number of positions which the Administrator may establish in the professional and scientific service.
1950—Subsec. (b). Act , 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 , § 3(e), made provisions applicable to members of all national advisory councils.
Subsec. (g). Act , § 4(b), added subsec. (g).
1949—Subsec. (a). Act , made section applicable to Reserve officers.
Subsec. (b). Act , redesignated subsec. (c) as (b) and repealed former subsec. (b) relating to Reserve officers.
Subsec. (c). Act , redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b).
Subsec. (d). Act , redesignated subsec. (f) as (d) and repealed former subsec. (d) relating to female commissioned officers and defining “dependent”.
Subsec. (e). Act , redesignated subsec. (g) as (e) and struck out references to allowances. Former subsec. (e) redesignated (c).
Subsec. (f). Act , redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).
Subsecs. (g), (h). Act , redesignated subsecs. (g) and (h) as (e) and (f), respectively.
1948—Subsec. (b). Act , inserted “except as otherwise provided by law”.
Subsec. (e). Acts , § 4(d), and , § 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.
section 209(f) of this titlesection 209(d) of this titleSubsec. (h). Act , substituted “” for “”.
1946—Subsec. (e). Act , inserted “members of the National Advisory Mental Health Council”.
Statutory Notes and Related Subsidiaries
Change of Name
section 2 of Pub. L. 107–220section 247e of this titleReference to the Gillis W. Long Hansen’s Disease Center deemed to refer to the National Hansen’s Disease Programs Center, pursuant to , set out as a note under .
section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (c) and (g) pursuant , which is classified to , Education.
Effective Date of 1986 Amendment
Pub. L. 99–272, title XVII, § 17002(a)(2)100 Stat. 359
Effective Date of 1985 Amendment
Pub. L. 99–117, § 3(b)99 Stat. 492
Effective Date of 1962 Amendments
Pub. L. 87–793Pub. L. 87–793, title VI, § 100876 Stat. 868 Amendment by effective first day of first pay period which begins on or after , see , , .
Pub. L. 87–649section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.
Effective Date of 1960 Amendment
Pub. L. 86–415section 8(a) of Pub. L. 86–415section 209 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1958 Amendments
Pub. L. 85–929section 6(a) of Pub. L. 85–929section 342 of Title 21Amendment by effective , see , set out as a note under , Food and Drugs.
Pub. L. 85–462section 17(b) of Pub. L. 85–462Amendment by effective , see .
Effective Date of 1956 Amendment
Amendment by act , effective at beginning of first pay period commencing after , see section 120 of act .
Effective Date of 1950 Amendment
Act Aug. 9, 1950, ch. 654, § 3(a) 64 Stat. 426
Effective Date of 1949 Amendment
section 854a of Title 33Amendment by act , effective , see section 533(a) of act , set out as a note under , Navigation and Navigable Waters.
Repeals
Act July 31, 1956, ch. 804, title I, § 117(b) 70 Stat. 741 Pub. L. 88–426, title III, § 305(1)78 Stat. 422 , , cited as a credit to this section, which amended subsec. (g) of this section to increase the salary rates, was repealed by , , .
Termination of Advisory Committees
Pub. L. 93–641, § 688 Stat. 2275 section 217a of this title, , , set out as a note under , 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 .
References in Other Laws to GS–16, 17, or 18 Pay Rates
Pub. L. 101–509section 5376 of Title 5References 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, § 101(c)(1)] of , set out in a note under .
Maximum Pay and Allowances for Specific Fiscal Years
Pub. L. 100–436, title II, § 208102 Stat. 1699
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 100–202, § 101(h) [title II, § 208]101 Stat. 1329–256 , , , 1329–274.
Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 208]100 Stat. 1783–287 Pub. L. 99–591, § 101(i) [H.R. 5233, title II, § 208]100 Stat. 3341–287 , , , and , , .
Pub. L. 99–178, title II, § 20899 Stat. 1119 , , .
Pub. L. 98–619, title II, § 20898 Stat. 3321 , , .
Pub. L. 98–139, title II, § 20897 Stat. 888 , , .
Nurses and Allied Health Professionals
Pub. L. 100–436, title II, § 214102 Stat. 1700
Executive Documents
Transfer of Functions
92 Stat. 3783 section 1101 of Title 5section 1101 of Title 5“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (g) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, , set out under , 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 , as provided by section 1–102 of Ex. Ord. No. 12107, , 44 F.R. 1055, set out under .
80 Stat. 1610 section 202 of this titleFunctions 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. , 31 F.R. 8855, , set out as a note under .
section 3501 of this titleFunctions 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 . Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Delegation of Functions
section 202 of this titleFunctions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. , 29 F.R. 1637, as amended, set out as a note under .