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42 U.S.C. § 208 — Grades, ranks, and titles of commissioned corps

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 208 — Grades, ranks, and titles of commissioned corps

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Source file: Laws/federal/codes/united-states-code/title-42/section-208-grades-ranks-and-titles-of-commissioned-corps--1c9a8eee71.md
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Source location: Title 42, Chapter 6A, § 208; chapter-6a-public-health-service.md

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**(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) Officers of the senior assistant grade—captain; (5) Officers of the assistant grade—first lieutenant; (6) Officers of the junior assistant grade—second lieutenant; (7) Chief warrant officers of (W–4) grade—chief warrant officer (W–4); (8) Chief warrant officers of (W–3) grade—chief warrant officer (W–3); (9) Chief warrant officers of (W–2) grade—chief warrant officer (W–2); and (10) Warrant officers of (W–1) grade—warrant officer (W–1). **(b) Titles of medical officers** The titles of medical officers of the foregoing grades shall be respectively (1) medical director, (2) senior surgeon, (3) surgeon, (4) senior assistant surgeon, (5) assistant surgeon, and (6) junior assistant surgeon. The President is authorized to prescribe titles, appropriate to the several grades, for commissioned officers of the Service other than medical officers. All titles of the officers of the Ready Reserve Corps shall have the suffix “Reserve”. **(c) Repealed. Pub. L. 96–76, title III, § 304(b), Sept. 29, 1979, 93 Stat. 584** **(d) Maximum number in grade for each fiscal year** Within the total number of officers of the Regular Corps authorized by the appropriation Act or Acts for each fiscal year to be on active duty, the Secretary shall by regulation prescribe the maximum number of officers authorized to be in each of the grades from the warrant officer (W–1) grade to the director grade, inclusive. Such numbers shall be determined after considering the anticipated needs of the Service during the fiscal year, the funds available, the number of officers in each grade at the beginning of the fiscal year, and the anticipated appointments, the anticipated promotions based on years of service, and the anticipated retirements during the fiscal year. The number so determined for any grade for a fiscal year may not exceed the number limitation (if any) contained in the appropriation Act or Acts for such year. Such regulations for each fiscal year shall be prescribed as promptly as possible after the appropriation Act fixing the authorized strength of the corps for that year, and shall be subject to amendment only if such authorized strength or such number limitation is thereafter changed. The maxima established by such regulations shall not require (apart from action pursuant to other provisions of this chapter) any officer to be separated from the Service or reduced in grade. **(e) Exception to grade limitations for officers assigned to Department of Defense** In computing the maximum number of commissioned officers of the Public Health Service authorized by law to hold a grade which corresponds to the grade of brigadier general or major general, there may be excluded from such computation not more than three officers who hold such a grade so long as such officers are assigned to duty and are serving in a policymaking position in the Department of Defense. **(f) Exception to maximum number limitations for officers assigned to Department of Defense** In computing the maximum number of commissioned officers of the Public Health Service authorized by law or administrative determination to serve on active duty, there may be excluded from such computation officers who are assigned to duty in the Department of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 101 — Definitions

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title: (1) (A) The term “United States”, in a geographic sense, means the States and the District of Columbia. (B) The term “continental United States” means the 48 contiguous States and the District of Columbia. (2) The term “possessions” includes Guam, American Samoa, and the guano islands. (3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard. (5) The term “Secretary concerned” means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and (F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. (6) The term “National Guard” means the Army National Guard and the Air National Guard. (7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that— (A) is a land force; (B)

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 206 — Appointment and tenure of office of Surgeon General; reversion in rank

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

42 U.S.C. § 3501 — Establishment of Department; effective date

The provisions of Reorganization Plan Numbered 1 of 1953, submitted to the Congress on March 12, 1953, shall take effect ten days after April 1, 1953, and its approval by the President, notwithstanding the provisions of the Reorganization Act of 1949, as amended, except that section 9 of such Act shall apply to such reorganization plan and to the reorganization made thereby.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 209a, 209b — Appointment of personnel

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 208 — Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62

Page 63 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 209 Functions of Federal Security Administrator trans- ferred 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 Agen- cy 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, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 208. Repealed. Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40 Section, act July 1, 1944, ch. 373, title II, § 207, 58 Stat. 685, related to establishment of special temporary pro- visions. See sections 206(c) and 207(c) of this title. § 209. Appointment of personnel (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 as- sistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in ac- cordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, phar- macy, psychology, nursing, or related scientific specialties in the field of public health. (2) Original appointments to the Ready Re- serve C

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