42 U.S.C. § 207 — Grades, ranks, and titles of commissioned

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, Page 62 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 207 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 ap- propriation Act or Acts for such year. Such reg- ulations 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 amend- ment 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 sep- arated from the Service or reduced in grade. (e) Exception to grade limitations for officers as- signed to Department of Defense In computing the maximum number of com- missioned officers of the Public Health Service authorized by law to hold a grade which cor- responds 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 as- signed to duty and are serving in a policy- making 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 com- missioned officers of the Public Health Service authorized by law or administrative determina- tion to serve on active duty, there may be ex- cluded from such computation officers who are assigned to duty in the Department of Defense. (July 1, 1944, ch. 373, title II, § 206, 58 Stat. 684; Feb. 28, 1948, ch. 83, § 4, 62 Stat. 39; Oct. 31, 1951, ch. 653, 65 Stat. 700; July 17, 1952, ch. 931, 66 Stat. 758; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 87–649, § 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95–215, § 8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96–76, title III, § 304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99–117, § 9, Oct. 7, 1985, 99 Stat. 494; Pub. L. 101–93, § 5(p), Aug. 16, 1989, 103 Stat. 614; Pub. L. 101–502, § 5(k)(1), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 104–201, div. A, title V, § 582, Sept. 23, 1996, 110 Stat. 2538; Pub. L. 116–136, div. A, title III, § 3214(e)(3), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–136, which directed amendment of subsec. (c) by substituting ‘‘Ready Re- serve Corps’’ for ‘‘Reserve Corps’’, was executed by making the substitution in subsec. (b) to reflect the probable intent of Congress. 1996—Subsec. (f). Pub. L. 104–201 added subsec. (f). 1990—Subsec. (a). Pub. L. 101–502 inserted after first sentence ‘‘During the period of appointment to the po- sition of Assistant Secretary for Health, a commis- sioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army.’’ 1989—Subsec. (e). Pub. L. 101–93, which directed the substitution of ‘‘the Department of Defense’’ for ‘‘the office of Assistant Secretary of Defense for Health Af- fairs’’, was executed by making the substitution for ‘‘the office of the Assistant Secretary of Defense for Health Affairs’’ as the probable intent of Congress. 1985—Subsec. (e). Pub. L. 99–117 added subsec. (e). 1979—Subsec. (a). Pub. L. 96–76, § 304(a), added pars. (7) to (10). Subsec. (c). Pub. L. 96–76, § 304(b), struck out subsec. (c) setting forth the grade and pay and allowances as director for a commissioned officer below the grade of director assigned to serve as chief of a division. Subsec. (d). Pub. L. 96–76, § 304(c), substituted ‘‘war- rant officer (W–1)’’ for ‘‘junior assistant’’. 1977—Subsec. (b)(6). Pub. L. 95–215 substituted ‘‘junior assistant’’ for ‘‘senior assistant’’. 1962—Subsec. (a). Pub. L. 87–649 struck out provisions which related to pay and allowances. 1952—Subsec. (a). Act July 17, 1952, provided that the Chief Medical Officer of the Coast Guard should have the grade, pay, and allowances of a major general. 1951—Subsec. (a). Act Oct. 31, 1951, provided equality of grade, pay, and allowances between the Chief Dental Officer and the comparable officer in the Army. 1948—Subsec. (a). Act Feb. 28, 1948, increased grade of Deputy Surgeon General from brigadier general to major general and increased grade of certain Assistant Surgeons General from brigadier general to major gen- eral as the Federal Security Administrator might de- termine. Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (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 subsecs. (a) and (d) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–502 effective Dec. 1, 1990, see section 5(k)(3) of Pub. L. 101–502, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under sec- tion 206 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. 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, 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. 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 Corps may be made to any grade up to and including the director grade but only after pas- sage of an examination given in accordance with regulations of the President. Reserve commis- sions 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 Re- serve 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) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional quali- fications, not readily available elsewhere in the Commissioned Corps of the Public Health Serv- ice, for the performance of special duties with the Service, or (C) in the case of an officer of the Ready Reserve Corps, the Commissioned Corps of the Service has been declared by the Presi- dent to be a military service. (b) Grade and number of original appointments (1) Not more than 10 per centum of the origi- nal appointments to the Regular Corps author- ized to be made during any fiscal year may be made to grades above that of senior assistant, but no such appointment (other than an ap- pointment under section 205 of this title) may be made to a grade above that of director. For the purpose of this subsection the number of origi- nal appointments authorized to be made during a fiscal year shall be (1) the excess of the num- ber of officers of the Regular Corps authorized by the appropriation Act or Acts for such year over the number of officers on active duty in the Regular Corps on the first day of such year, plus (2) the number of such officers of the Regular Corps who, during such fiscal year, have been or will be retired upon attainment of age sixty-four or have for any other reason ceased to be on ac- tive duty. In determining the number of ap- pointments authorized by this subsection an ap- pointment shall be deemed to be made in the fis- cal year in which the nomination is transmitted by the President to the Senate. (2) In addition to the number of original ap- pointments to the Regular Corps authorized by paragraph (1) to be made to grades above that of senior assistant, original appointments author- ized to be made to the Regular Corps in any year may be made to grades above that of senior as- sistant, but not above that of director, in the case of any individual who— (A)(i) was on active duty in the Ready Re- serve Corps on July 1, 1960, (ii) was on such ac- tive duty continuously for not less than one year immediately prior to such date, and (iii) applies for appointment to the Regular Corps prior to July 1, 1962; or (B) does not come within clause (A)(i) and (ii) but was on active duty in the Ready Re- serve Corps continuously for not less than one year immediately prior to his appointment to the Regular Corps and has not served on active duty continuously for a period, occurring after June 30, 1960, of more than three and one-half years prior to applying for such appointment. (3) No person shall be appointed pursuant to this subsection unless he meets standards estab- lished in accordance with regulations of the President. (c) Issuance of commissions Commissions evidencing the appointment by the President of officers of the Regular Corps or Ready Reserve Corps shall be issued by the Sec- retary under the seal of the Department of Health and Human Services. (d) Date of appointment; credit for service (1) For purposes of basic pay and for purposes of promotion, any person appointed under sub- section (a) to the grade of senior assistant in the Regular Corps, and any person appointed under subsection (b), shall, except as provided in para- graphs (2) and (3) of this subsection, be consid- ered as having had on the date of appointment the following length of service: Three years if appointed to the senior assistant grade, ten years if appointed to the full grade, seventeen years if appointed to the senior grade, and eight- een years if appointed to the director grade. (2) For purposes of basic pay, any person ap- pointed under subsection (a) to the grade of sen- ior assistant in the Regular Corps, and any per- son appointed under subsection (b), shall, in lieu of the credit provided in paragraph (1) of this subsection, be credited with the service for which he is entitled to credit under any other provision of law if such service exceeds that to