# § 210. Pay and allowances
**(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** section 5703 of title 5
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 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** April 7, 1986
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.
**(f)** **Allowances included in fellowships** section 209(g) of this title
Individuals 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.
**(g)** **Positions in professional, scientific and executive service; compensation; appointment** *Provided*5 U.S.C. 5313
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: , 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.
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**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.)
## Editorial Notes
### References in Text
Classified civil service, referred to in subsec. (g), as meaning “competitive service”, see , Government Organization and Employees.
### Prior Provisions
A prior section 208 of act , was renumbered section 207 and is classified to .
### Amendments
2020—Subsec. (a). substituted “Regular Corps and Ready Reserve Corps” for “Regular and Reserve Corps” wherever appearing.
2017—Subsec. (a)(2). inserted “or 373” after “section 303a(b)”.
2000—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.
“(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 ).”
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.”
1988—Subsec. (a)(3). added par. (3).
1986—Subsec. (a)(2)(B). , inserted “(other than an officer serving in the Indian Health Service)”.
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.”
1985—Subsec. (a)(2). substituted “(A) Except as provided in subparagraph (B), commissioned” for “Commissioned”, and added subpar. (B).
1980—Subsec. (a). designated existing provisions as par. (1) and added par. (2).
1979—Subsec. (c). substituted “” for “”.
1978—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.
1977—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.
1971—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.
1970—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.
1968—Subsec. (g). inserted “(1)” after “nor more than” and added cl. (2).
1962—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.
Subsec. (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.
1960—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.
Subsec. (g). substituted “one hundred and fifty” for “eighty-five” and “one hundred and fifteen” for “seventy-three”.
1958—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”.
, 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.
Subsec. (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
Reference 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 .
“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
> “The amendment made by paragraph (1) [amending this section] shall take effect as of
>
> .”
, , , provided that:
### Effective Date of 1985 Amendment
> “The amendment made by subsection (a) [amending this section] shall not diminish any benefits under an agreement entered into before the date of enactment of this Act [
>
> ] by a commissioned medical officer in the Regular Corps or the Reserve Corps of the Public Health Service.”
, , , provided that:
### Effective Date of 1962 Amendments
Amendment by effective first day of first pay period which begins on or after , see , , .
Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.
### Effective Date of 1960 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1958 Amendments
Amendment by effective , see , set out as a note under , Food and Drugs.
Amendment 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
> “Sections 1 and 2 of this Act [amending this section and enacting
>
> ] shall become effective on
>
> .”
, , provided that:
### Effective Date of 1949 Amendment
Amendment by act , effective , see section 533(a) of act , set out as a note under , Navigation and Navigable Waters.
### Repeals
, , 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
, , , 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
References 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
> “No funds appropriated for the fiscal year ending
>
> , by this or any other Act, may be used to pay basic pay, special pays, basic allowances for subsistence and basic allowances for quarters of the commissioned corps of the Public Health Service described in
>
> , United States Code, at a level that exceeds 110 percent of the Executive Level I [
>
> ] annual rate of basic pay”.
, , , provided in part that:
Similar provisions were contained in the following prior appropriation acts:
, , , 1329–274.
, , , and , , .
, , .
, , .
, , .
### Nurses and Allied Health Professionals
> “Funds made available for fiscal year 1989 and hereafter to the National Institutes of Health shall be available for payment of nurses and allied health professionals using pay, schedule options, benefits, and other authorities as provided for the nurses of the Veterans’ Administration under 38 U.S.C. chapter 73.”
, , , provided that:
## Executive Documents
### Transfer of Functions
“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 .
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. , 31 F.R. 8855, , set out as a note under .
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 . 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, see Ex. Ord. No. 11140, eff. , 29 F.R. 1637, as amended, set out as a note under .