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42 U.S.C. § 210Pay and allowances

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 822 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets pay and benefits rules for the Public Health Service. It covers officer pay, discounted supply purchases, pay for advisory council members and part-time field workers, extra pay for one hospital's staff, fellowship allowances, and special high-level research positions.

(a) Commissioned officers of the Regular Corps and Ready Reserve Corps get whatever pay and allowances the law currently allows or later authorizes. (1) states this basic rule. (2) points to sections 303a(b) and 373 of title 37 for special pay rules for officers on active duty. (b) Active-duty commissioned officers, and retired officers getting retired pay under section 211(g)(3), 212, or 213a(a) of this title, can buy supplies from the Army, Navy, Air Force, and Marine Corps at the same price as that branch's own officers. (c) Members of the National Advisory Health Council and other national advisory or review councils or committees set up under this chapter — including the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine — get paid for their time, except members who serve automatically because of another job they hold ("ex officio" members). They're paid at a rate the Secretary sets, but never more than the daily rate for federal pay grade GS-18, including travel time. When away from home for this work, they can also get travel expenses, including a daily allowance for meals and lodging, the same as other government workers who work occasionally for the government. (d) Field employees of the Service who aren't paid per-day or by-fee, who work part-time but are also on call for other duties beyond their regular part-time job, can be paid a yearly salary for that part-time work — plus fees for the other work, as the Surgeon General decides. But no such employee can be paid, in total for a fiscal year, more than the lowest salary for their pay grade. (e) Any civilian employee working at the Gillis W. Long Hansen's Disease Center as of April 7, 1986, gets extra pay — one-fourth more than their regular pay — for as long as they keep working there. (f) People appointed as fellows under section 209(g) get fellowship stipends or allowances — including travel and living costs — that the Surgeon General decides are needed to attract qualified fellows. (g) The Secretary can create up to 179 special research positions across the Public Health Service, with set pay rates. At least 115 must be at the National Institutes of Health, at least 5 at the National Institute on Alcohol Abuse and Alcoholism (for alcohol-abuse researchers), at least 10 at the National Center for Health Services Research, at least 12 at the National Center for Health Statistics, and at least 7 at the National Center for Health Care Technology. These positions are for specially qualified scientific, professional, and administrative staff doing research and development work. Pay for these positions must be at least the minimum for General Schedule grade 16, and no more than either the top of GS-18, or — for up to two positions — the rate for Executive Schedule Level II. The Director of the Office of Personnel Management must approve these pay rates. These positions are part of the regular federal civil service, but people can be appointed to them without taking a competitive exam, as long as the Director of OPM, or whoever OPM designates, approves the person's qualifications.
the actual law source: uscode.house.gov ↗public domain
(a) Commissioned officers of Regular Corps and Ready Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses
(1)

Commissioned officers of the Regular Corps and Ready Reserve Corps shall be entitled to receive such pay and allowances as are now or may hereafter be authorized by law.

(2)

For provisions relating to the receipt of special pay by commissioned officers of the Regular Corps and Ready Reserve Corps while on active duty, see section 303a(b) or 373 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 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: 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.

Source credit: (July 1, 1944, ch. 373, title II, § 208, formerly § 209, 58 Stat. 686; July 3, 1946, ch. 538, § 5(a), 60 Stat. 422; renumbered § 208 and amended Feb. 28, 1948, ch. 83, § 5(a), (g), (h), 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, title V, § 521(b), 63 Stat. 834; Aug. 9, 1950, ch. 654, § 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, §§ 3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title II, § 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, § 201, 70 Stat. 430; July 31, 1956, ch. 804, title I, § 117(b), 70 Stat. 741; Pub. L. 85–462, § 12(e), June 20, 1958, 72 Stat. 214; Pub. L. 85–929, § 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 86–415, § 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86–703, title II, § 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87–649, §§ 11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87–793, title VI, § 1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, § 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90–574, title V, § 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91–515, title VI, § 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92–157, title III, § 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95–83, title III, § 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95–623, § 11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–32, § 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96–398, title VIII, § 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99–117, § 3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99–272, title XVII, § 17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100–607, title VII, § 706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106–398, § 1 [[div. A], title VI, § 634(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–159; Pub. L. 115–91, div. A, title VI, § 618(i), Dec. 12, 2017, 131 Stat. 1427; Pub. L. 116–136, div. A, title III, § 3214(e)(2), Mar. 27, 2020, 134 Stat. 373.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 686
  • 1946Amended · Act of July 3, 1946, ch. 538 · 60 Stat. 422
  • 1948Amended · Act of Feb. 28, 1948, ch. 83 · 62 Stat. 40
  • 1948Amended · Act of June 16, 1948, ch. 481 · 62 Stat. 467
  • 1948Amended · Act of June 24, 1948, ch. 621 · 62 Stat. 601
  • 1949Amended · Act of Oct. 12, 1949, ch. 681 · 63 Stat. 834
  • 1950Amended · Act of Aug. 9, 1950, ch. 654 · 64 Stat. 426
  • 1950Amended · Act of Aug. 15, 1950, ch. 714 · 64 Stat. 447
  • 1955Amended · Act of Aug. 1, 1955, ch. 437 · 69 Stat. 407
  • 1956Amended · Act of June 29, 1956, ch. 477 · 70 Stat. 430
  • 1956Amended · Act of July 31, 1956, ch. 804 · 70 Stat. 741
  • 1958Amended · Pub. L. 85-462 · 72 Stat. 214
  • 1958Amended · Pub. L. 85-929 · 72 Stat. 1789
  • 1960Amended · Pub. L. 86-415 · 74 Stat. 34
  • 1960Amended · Pub. L. 86-703 · 74 Stat. 764
  • 1962Amended · Pub. L. 87-649 · 76 Stat. 497, 499
  • 1962Amended · Pub. L. 87-793 · 76 Stat. 864
  • 1964Amended · Pub. L. 88-426 · 78 Stat. 422
  • 1968Amended · Pub. L. 90-574 · 82 Stat. 1012
  • 1970Amended · Pub. L. 91-515 · 84 Stat. 1310
  • 1971Amended · Pub. L. 92-157 · 85 Stat. 463
  • 1977Amended · Pub. L. 95-83 · 91 Stat. 398
  • 1978Amended · Pub. L. 95-623 · 92 Stat. 3455
  • 1979Amended · Pub. L. 96-32 · 93 Stat. 84
  • 1980Amended · Pub. L. 96-398 · 94 Stat. 1608
  • 1985Amended · Pub. L. 99-117 · 99 Stat. 491
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 359
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3159
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1427
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 373

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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