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42 U.S.C. § 215Detail of Service personnel

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 533 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Health and Human Services can lend Public Health Service officers and employees to other federal agencies, states, Congress, or nonprofit health institutions for related work. Their pay, promotion, and benefits keep accruing as normal Service time. In urgent public health emergencies, the Secretary alone decides where to send Commissioned Corps officers outside the department.

(a) Other Government departments — If the head of an executive department asks, the Secretary can detail (temporarily assign) Service officers or employees to that department, on terms the Secretary and that department head agree on, to help with work related to that department's or the Service's functions. Their salary and allowances can come from special working funds set up by law, or the Service can pay them from its own budget, with reimbursement arranged as the Secretary and department head agree. Officers detailed to the Army, Air Force, Navy, or Coast Guard follow that service's governing laws while detailed there. (b) State health or mental health authorities — If a state's health authority (or, for mental health work, its mental health authority) asks, the Surgeon General can detail Service personnel to help that state or one of its political subdivisions with work related to the Service's functions. (c) Congressional committees and nonprofit educational, research, or other institutions engaged in health activities — The Surgeon General can detail Service personnel to any appropriate congressional committee, or to nonprofit institutions doing health-related education, research, or other work, for special scientific studies or to share public-health information. (d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc. — Personnel detailed under (b) or (c) are normally paid from the Service's own budget. But under the rules, they can instead be put on unpaid leave and paid directly by the state, subdivision, or institution they're detailed to. When personnel detailed under (b) or (c) are paid from Service funds, the Secretary can require the receiving state, subdivision, or institution to promise to reimburse the United States for that pay. Time spent on detail under this section counts as regular Service time for figuring basic pay, promotions, retirement, injury or death compensation, and the benefits under section 213 of this title. (e) Commissioned Corps officers; urgent or emergency public health care needs — Except for details involving the Coast Guard and the Department of Defense, and except as otherwise agreed in writing with the receiving agency, only the Secretary can decide to send a Commissioned Corps officer detailed under this section to work outside the Department of Health and Human Services, in response to an urgent or emergency public health care need as defined in section 204a(a)(5) of this title.
the actual law source: uscode.house.gov ↗public domain
(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.

(d) Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc.

Personnel detailed under subsections (b) and (c) 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) 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.

(e) Commissioned Corps officers; urgent or emergency public health care needs

Except with respect to the United States Coast Guard and the Department of Defense, and except as provided in agreements negotiated with officials at agencies where officers of the Commissioned Corps may be assigned, the Secretary shall have the sole authority to deploy any Commissioned Corps officer assigned under this section to an entity outside of the Department of Health and Human Services for service under the Secretary’s direction in response to an urgent or emergency public health care need (as defined in section 204a(a)(5) of this title).

Source credit: (July 1, 1944, ch. 373, title II, § 214, 58 Stat. 690; July 3, 1946, ch. 538, § 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, § 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, § 309, Sept. 29, 1979, 93 Stat. 585; Pub. L. 109–417, title II, § 206(c)(1), Dec. 19, 2006, 120 Stat. 2853.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 690
  • 1946Amended · Act of July 3, 1946, ch. 538 · 60 Stat. 423
  • 1949Amended · Act of Oct. 12, 1949, ch. 681 · 63 Stat. 835
  • 1979Amended · Pub. L. 96-76 · 93 Stat. 585
  • 2006Amended · Pub. L. 109-417 · 120 Stat. 2853

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

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