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42 U.S.C. § 206 — Appointment and tenure of office of Surgeon General; reversion in rank
Federal law — U.S. Code and appendices · legal_authorities
The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps or Ready Reserve Corps that he would have occupied had he not served as Surgeon General.
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Stable record: federal_law:legal_authorities:record_usc_685e211254b1b8c0a11b6533
Source file: Laws/federal/codes/united-states-code/title-42/section-206-appointment-and-tenure-of-office-of-surgeon-general-reversion-in-rank--42475b53f3.md
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Source location: Title 42, Chapter 6A, § 206; chapter-6a-public-health-service.md
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The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps or Ready Reserve Corps that he would have occupied had he not served as Surgeon General.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary concerned, a member of a uniformed service may be paid in advance—
(1) not more than three months’ pay of such member upon such member’s change of permanent station; or
(2) the amount of an allotment made from such member’s pay to a dependent if such member is assigned or scheduled for assignment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days before the scheduled date of the assignment of such member to such duty.
**(b)** Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is on duty at a distant station where the pay and emoluments to which he is entitled cannot be disbursed regularly, may be paid in advance.
**(c)** Under regulations prescribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty outside the United States, or other place designated by the Secretary of Defense, of not more than two months’ basic pay may be made to a member if the member or the dependents of the member are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the payment may be made directly to dependents previously designated by the member. The Secretary concerned or his designee may waive any right of recovery of not more than one month’s basic
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1006
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade.
**(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1.
**(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4.
**(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5.
**(e)** Except as provided by s
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), an officer of an armed force is entitled to an initial allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment—
(1) upon first reporting for active duty (other than for training) for a period of more than 90 days;
(2) upon completing at least 14 days of active duty as a member of a reserve component;
(3) upon completing 14 periods, each of which was of at least two hours’ duration, of inactive-duty training as a member of the Ready Reserve; or
(4) upon reporting for the first period of active duty required by [section 2121(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/c&num=0&edition=prelim) as a member of the Armed Forces Health Professions Scholarship program.
**(b)** An officer who has received an initial uniform reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a).
**(c)** An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is—
(1) on active duty or on inactive duty training status; and
(2) required by directive of the Surgeon General to wear a uniform.
An officer is not entitled to more than one allowance under this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 415
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1, acts July 1, 1902, ch. 1370, § 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See [section 202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section202&num=0&edition=prelim).
Section 1a, act Nov. 11, 1943, ch. 298, § 1, 57 Stat. 587, provided for organization and function of Public Health Service. See [section 203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section203&num=0&edition=prelim).
Section 1b, act Nov. 11, 1943, ch. 298, § 2, 57 Stat. 587, provided for appointment of Assistant Surgeons General, their grade, pay, and allowances. See sections 206, 207, and 210 of this title.
Section 1c, act Nov. 11, 1943, ch. 298, § 3, 57 Stat. 587, provided for chiefs of divisions, their grade, pay and allowances, and creation of a Dental Division and a Sanitary Engineering Division. See sections 206, 207, and 210 of this title.
Section 1d, act Nov. 11, 1943, ch. 298, § 4, 57 Stat. 587, provided for temporary promotions in regular corps in time of war. See [section 211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section211&num=0&edition=prelim).
Section 1e, act Nov. 11, 1943, ch. 298, § 5, 58 Stat. 588, provided for review of record of officers above grade of assistant surgeon and their separation from service. See [section 211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section211&num=0&edition=prelim).
Section 1f, act Nov. 11, 1943, ch. 298, § 6, 58 Stat. 588, provided for an acting Surgeon General during absence of Surgeon General and Assistant to Surgeon General. See [s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1 to 1j
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grades of commissioned officers** The Surgeon General, during the period of his appointment as such, shall be of the same grade as the Surgeon General of the Army; the Deputy Surgeon General and the Chief Medical Officer of the United States Coast Guard, while assigned as such, shall have the grade corresponding with the grade of major general; and the Chief Dental Officer, while assigned as such, shall have the grade as is prescribed by law for the officer of the Dental Corps selected and appointed as Assistant Surgeon General of the Army. During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army. Assistant Surgeons General, while assigned as such, shall have the grade corresponding with either the grade of brigadier general or the grade of major general, as may be determined by the Secretary after considering the importance of the duties to be performed: Provided, That the number of Assistant Surgeons General having a grade higher than that corresponding to the grade of brigadier general shall at no time exceed one-half of the number of positions created by subsection (b) of [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section206&num=0&edition=prelim) or pursuant to subsection (c) of [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section206&num=0&edition=prelim). The grades of commissioned officers of the Service shall correspond with grades of officers of the Army as follows:
(1) Officers of the director grade—colonel;
(2) Officers of the senior grade—lieutenant colonel;
(3) Officers of the full grade—major;
(4
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 208
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Original appointments to Regular and Ready Reserve Corps; limitation on appointment and call to active duty**
(1) Except as provided in subsections (b) and (e) of this section, original appointments to the Regular Corps may be made only in the warrant officer (W–1), chief warrant officer (W–2), chief warrant officer (W–3), chief warrant officer (W–4), junior assistant, assistant, and senior assistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in accordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, pharmacy, psychology, nursing, or related scientific specialties in the field of public health.
(2) Original appointments to the Ready Reserve Corps may be made to any grade up to and including the director grade but only after passage of an examination given in accordance with regulations of the President. Reserve commissions shall be for an indefinite period and may be terminated at any time, as the President may direct.
(3) No individual who has attained the age of forty-four shall be appointed to the Regular Corps, or called to active duty in the Ready Reserve Corps for a period in excess of one year, unless (A) he has had a number of years of active service (as defined in [section 212(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section212/d&num=0&edition=prelim)) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional qualifications, not readily available elsewhere in the Commissioned Corps of the Public Health Service, for the performance of special duties with the Service, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 209a, 209b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Division of corps; basis of categories** For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in [section 209(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section209/a/1&num=0&edition=prelim) or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service.
**(b) Assignment of officers** Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a). Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service.
**(c) Maximum number of officers in each category** Within the limits fixed by the Secretary in regulations under [section 207(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section207/d&num=0&edition=prelim) for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps the maximum number of officers authorized to be in each of the grades from the warrant officer (W–1) grade to the dire
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permanent or temporary promotions; examination** Promotions of officers of the Regular Corps to any grade up to and including the director grade shall be either permanent promotions based on length of service, other permanent promotions to fill vacancies, or temporary promotions. Permanent promotions shall be made by the President, and temporary promotions shall be made by the President. Each permanent promotion shall be to the next higher grade, and shall be made only after examination given in accordance with regulations of the President.
**(b) Promotion to certain grades only to fill vacancies; regulations; “restricted grade” defined** The President may by regulation provide that in a specified professional category permanent promotions to the senior grade, or to both the full grade and the senior grade, shall be made only if there are vacancies in such grade. A grade in any category with respect to which such regulations have been issued is referred to in this section as a “restricted grade”.
**(c) Examinations** Examinations to determine qualification for permanent promotions may be either noncompetitive or competitive, as the Surgeon General shall in each case determine; except that examinations for promotions to the assistant or senior assistant grade shall in all cases be noncompetitive. The officers to be examined shall be selected by the Surgeon General from the professional category, and in the order of seniority in the grade, from which promotion is to be recommended. In the case of a competitive examination the Surgeon General shall determine in advance of the examination the number (which may be one or more) of officers who, after passing the examination, will be recommended to the President for promotion; but if the examination is one for promotio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 211a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 28, acts July 1, 1902, ch. 1370, § 3, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; July 9, 1918, ch. 143, ch. XV, § 3, 40 Stat. 886, provided divisions under Assistant Surgeons General and the rank, pay, and allowances of said Assistants. See sections 206, 207, and 210 of this title.
Section 28a, act Apr. 9, 1930, ch. 125, § 10(c), 46 Stat. 152, provided for a chief of the narcotics division. See [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section206&num=0&edition=prelim).
Section 29, acts July 1, 1902, ch. 1370, § 7, 32 Stat. 713; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided for conferences with State and Territorial boards of health. See [section 242n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242n&num=0&edition=prelim).
Section 30, acts July 1, 1902, ch. 1370, § 8, 32 Stat. 714; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided for compilation of mortality, morbidity, and vital statistics. See [section 242k(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242k/g&num=0&edition=prelim).
Section 31, act June 5, 1920, ch. 235, § 1, 41 Stat. 883, provided that officers of Service could make allotments of their pay. See [section 704 of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section704&num=0&edition=prelim), Pay and Allowances of the Uniformed Services.
Section 32, act Mar. 6, 1920, ch. 94, § 1, 41 Stat. 507, provided for purchase of quartermaster supplies by officers of Service. See [section 210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section210&num=0&edition=prelim).
Section 33, act Mar. 4,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 28 to 43
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