42 U.S.C. § 206 — Assignment of officers

Page 60 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 205 ‘‘(2) To ensure the availability of the Corps for as- signments that address clinical and public health needs in isolated, hardship, and hazardous duty posi- tions, and, when required, to address needs related to the well-being, security, and defense of the United States. ‘‘(3) To establish the Corps as a resource available to Federal and State Government agencies for assist- ance in meeting public health leadership and service roles.’’ § 205. Appointment and tenure of office of Sur- geon 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 ap- pointed 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 Reg- ular Corps or Ready Reserve Corps that he would have occupied had he not served as Sur- geon General. (July 1, 1944, ch. 373, title II, § 204, 58 Stat. 684; Pub. L. 97–25, title III, § 303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, § 2765(b), Aug. 13, 1981, 95 Stat. 932; Pub. L. 116–136, div. A, title III, § 3214(e)(1), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–136 substituted ‘‘Regular Corps or Ready Reserve Corps’’ for ‘‘Regular or Reserve Corps’’. 1981—Pub. L. 97–35 inserted reference to Reserve Corps and substituted provisions relating to appoint- ment of an individual from the Regular Corps and with specialized training and significant experience, for pro- visions relating to appointment of an individual sixty- four years of age or older. Pub. L. 97–25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 206. Assignment of officers (a) Deputy Surgeon General The Surgeon General shall assign one commis- sioned officer from the Regular Corps to admin- ister the Office of the Surgeon General, to act as Surgeon General during the absence or dis- ability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may pre- scribe, and while so assigned he shall have the title of Deputy Surgeon General. (b) Assistant Surgeons General The Surgeon General shall assign eight com- missioned officers from the Regular Corps to be, respectively, the Director of the National Insti- tutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, the Chief Nurse Officer of the Serv- ice, the Chief Pharmacist Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General. (c) Creation of temporary positions as Assistant Surgeons General (1) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service. The Surgeon General may assign officers of either the Regular Corps or the Ready Reserve Corps to any such tem- porary position, and while so serving they shall each have the title of Assistant Surgeon Gen- eral. (2) Except as provided in this paragraph, the number of special temporary positions created by the Surgeon General under paragraph (1) shall not on any day exceed 1 per centum of the highest number, during the ninety days pre- ceding such day, of officers of the Regular Corps on active duty and officers of the Ready Reserve Corps on active duty for more than thirty days. If on any day the number of such special tem- porary positions exceeds such 1 per centum limi- tation, for a period of not more than one year after such day, the number of such special tem- porary positions shall be reduced for purposes of complying with such 1 per centum limitation only by the resignation, retirement, death, or transfer to a position of a lower grade, of any of- ficer holding any such temporary position. (d) Designation of Assistant Surgeon General with respect to absence, disability, or va- cancy in offices of Surgeon General and Dep- uty Surgeon General The Surgeon General shall designate the As- sistant Surgeon General who shall serve as Sur- geon General in case of absence or disability, or vacancy in the offices, of both the Surgeon Gen- eral and the Deputy Surgeon General. (July 1, 1944, ch. 373, title II, § 205, 58 Stat. 684; Feb. 28, 1948, ch. 83, § 3, 62 Stat. 39; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, §§ 302(b), 303, Sept. 29, 1979, 93 Stat. 584; Pub. L. 116–136, div. A, title III, § 3214(e)(3), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–136 substituted ‘‘Ready Reserve Corps’’ for ‘‘Reserve Corps’’ in pars. (1) and (2). Page 61 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 207 1979—Subsec. (b). Pub. L. 96–76, § 302(b), inserted pro- visions relating to assignment of Chief Nurse Officer and Chief Pharmacist Officer, and substituted ‘‘eight’’ for ‘‘six’’. Subsec. (c). Pub. L. 96–76, § 303, designated existing provisions as par. (1), struck out provisions relating to maximum number of special temporary positions, and added par. (2). 1948—Subsec. (b). Act June 16, 1948, substituted ‘‘Na- tional Institutes of Health’’ for ‘‘National Institute of Health’’. Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (c)(1) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–76, title III, § 314, Sept. 29, 1979, 93 Stat. 587, provided that: ‘‘The amendments made by sections 303, 304, 305, 306, 307, and 313 [amending this section, sec- tions 207, 209, 210b, and 211 of this title, and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on October 1, 1979.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General, together with office held by Deputy Surgeon General, Bureau of Medical Serv- ices, including office of Chief of Bureau of Medical Services, Bureau of State Services, including office of Chief of Bureau of State Services, and National Insti- tutes of Health, including office of Director of National Institutes of Health, abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. 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. § 207. Grades, ranks, and titles of commissioned corps (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 As- sistant Surgeon General of the Army. During the period of appointment to the position of As- sistant Secretary for Health, a commissioned of- ficer of the Public Health Service shall have the grade corresponding to the grade of General of the Army. Assistant Surgeons General, while as- signed as such, shall have the grade cor- responding 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 cor- responding 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 or pursuant to subsection (c) of section 206 of this title. The grades of commis- sioned 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 lieu- tenant; (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 assist- ant 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 offi- cers 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 Reg- ular 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 consid- ering 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,