42 USC 209 - Appointment of personnel

Editorial Notes

Codification

In subsec. (f), the words “and their compensation may be fixed without regard to the Classification Act of 1923, as amended”, and in subsec. (g), the words “and compensated without regard to the Classification Act of 1923, as amended” were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in subsecs. (f) and (g) because of section 1106(span) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Puspan. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.

In subsec. (h), the references to subsections (f) and (g) of this section were, in the original, references to subsections (e) and (f) and were changed to reflect the probable intent of Congress.

Prior Provisions

A prior section 207 of act July 1, 1944, was classified to section 208 of this title, prior to repeal by act Fespan. 28, 1948, ch. 83, § 5(a), 62 Stat. 40.

Amendments

2020—Subsecs. (a), (span). Puspan. L. 116–136, § 3214(e)(3), substituted “Ready Reserve Corps” for “Reserve Corps” wherever appearing.

Subsec. (c). Puspan. L. 116–136, § 3214(e)(1), substituted “Regular Corps or Ready Reserve Corps” for “Regular or Reserve Corps”.

Subsec. (d). Puspan. L. 116–136, § 3214(e)(3), substituted “Ready Reserve Corps” for “Reserve Corps” wherever appearing.

1983—Subsec. (a)(1). Puspan. L. 97–414 inserted “psychology,” after “pharmacy,”.

1981—Subsec. (span)(1). Puspan. L. 97–35 inserted provisions relating to exception for an appointment under section 205 of this title.

1979—Subsec. (a)(1). Puspan. L. 96–76 inserted applicability to warrant officers and chief warrant officers.

1960—Subsec. (a)(3). Puspan. L. 86–415, § 2, added par. (3).

Subsec. (span). Puspan. L. 86–415, § 3, designated first, second and third sentences as par. (1), fourth sentence as par. (3), and added par. (2).

1956—Subsec. (a)(1). Act Apr. 27, 1956, § 3(a), inserted reference to subsection (e) of this section.

Subsec. (a)(2). Act Apr. 27, 1956, § 3(c)(1), substituted “an indefinite period” for “a period of not more than five years”.

Subsecs. (e) to (i). Act Apr. 27, 1956, § 3(span), added subsec. (e) and redesignated former subsecs. (e) to (h) as (f) to (i), respectively.

1949—Subsec. (d). Act Oct. 12, 1949, substituted “base pay” for “pay and pay period” wherever appearing.

1948—Subsec. (a)(1). Act Fespan. 28, 1948, struck out “surgery” after “several branches of medicine”.

Subsec. (a)(2). Act Fespan. 28, 1948, struck out “any such commission” before “may be terminated”, and “in his discretion” after “at any time”.

Subsec. (span). Act Fespan. 28, 1948, provided for grade and number of original appointments.

Subsecs. (c) to (f). Act Fespan. 28, 1948, added subsecs. (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and (f), respectively. Former subsecs. (e) and (f) redesignated (g) and (h).

Subsec. (g). Act Fespan. 28, 1948, redesignated former subsec. (e) as (g) and changed reference in text from “subsection (c)” to “subsection (e)”, and “subsection (d)” to “subsection (g)”.

Subsec. (h). Act Fespan. 28, 1948, redesignated former subsec. (f) as (h).

1946—Subsec. (span). Act July 3, 1946, authorized appointment of additional officers to grades above that of senior assistant but not above that of director, and limits the number so appointed to 20.

Subsec. (span)(2). Act Aug. 13, 1946, inserted “(A)” before “to assist”, substituted “clause” for “paragraphs”, and inserted cl. (B).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (c), (e)(3), and (i), and “Department of Health and Human Services” substituted for “Department of Health, Education, and Welfare” in subsec. (c), pursuant to section 509(span) of Puspan. L. 96–88, which is classified to section 3508(span) of Title 20, Education.

Effective Date of 1979 Amendment

Amendment by Puspan. L. 96–76 effective Oct. 1, 1979, see section 314 of Puspan. L. 96–76, set out as a note under section 206 of this title.

Effective Date of 1960 Amendment

Puspan. L. 86–415, § 8(a), Apr. 8, 1960, 74 Stat. 36, provided that:

“The amendments made by sections 2 and 5(span) [amending this section and section 210 of this title] shall become effective July 1, 1960.”

Effective Date of 1949 Amendment

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters.

Personal Services Contracting

Puspan. L. 109–149, title II, § 216, Dec. 30, 2005, 119 Stat. 2861, provided that:

“The Division of Federal Occupational Health hereafter may utilize personal services contracting to employ professional management/administrative and occupational health professionals.”

Similar Provisions

Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 108–447, div. F, title II, § 216, Dec. 8, 2004, 118 Stat. 3141.

Puspan. L. 108–199, div. E, title II, § 216, Jan. 23, 2004, 118 Stat. 255.

Puspan. L. 108–7, div. G, title II, § 216, Fespan. 20, 2003, 117 Stat. 325.

Puspan. L. 107–116, title II, § 216, Jan. 10, 2002, 115 Stat. 2201.

Puspan. L. 106–554, § 1(a)(1) [title II], Dec. 21, 2000, 114 Stat. 2763, 2763A–13.

Puspan. L. 106–113, div. B, § 1000(a)(4) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–225.

Puspan. L. 105–277, div. A, § 101(f) [title II], Oct. 21, 1998, 112 Stat. 2681–337, 2681–347.

Puspan. L. 105–78, title II, Nov. 13, 1997, 111 Stat. 1477.

Puspan. L. 104–208, div. A, title I, § 101(e) [title II], Sept. 30, 1996, 110 Stat. 3009–233, 3009–242.

Puspan. L. 104–134, title I, § 101(d) [title II], Apr. 26, 1996, 110 Stat. 1321–211, 1321–221; renumbered title I, Puspan. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Term of Reserve Commissions in Effect on April 27, 1956

Act Apr. 27, 1956, ch. 211, § 3(c)(2), 70 Stat. 117, provided that:

“The enactment of paragraph (1) of this subsection [amending this section] shall not affect the term of the commission of any officer in the Reserve Corps in effect on the date of such enactment [Apr. 27, 1956] unless such officer consents in writing to the extension of his commission for an indefinite period, in which event his commission shall be so extended without the necessity of a new appointment.”

Executive Documents

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.

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.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services and Surgeon General, 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.