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Title 42 — The Public Health and Welfare

Part A · Chapter 6A — Public Health Service

§ 207. Grades, ranks, and titles of commissioned corps

Statutory text

(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 or pursuant to subsection (c) of section 206 of this title. 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), , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 78–373 · 58 Stat. 682

    Enacted · 42 U.S.C. § 207

    July 1, 1944, ch. 373, title II, § 206, 58 Stat. 684

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title II, § 206, 58 Stat. 684

  2. Public Law not identified

    Changed · 42 U.S.C. § 207(a)

    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 general as the Federal Security Administrator might determine

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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 general as the Federal Security Administrator might determine.

  3. Public Law not identified

    Added · 42 U.S.C. § 207(c); 42 U.S.C. § 207(d)

    Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d).

  4. Public Law not identified

    Changed · 42 U.S.C. § 207(a)

    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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

  5. Public Law not identified

    Changed · 42 U.S.C. § 207(a)

    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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

  6. Pub. L. 87–649 § 11(1) · 76 Stat. 451

    Struck · 42 U.S.C. § 207(a)

    Pub. L. 87–649 struck out provisions which related to pay and allowances

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–649 struck out provisions which related to pay and allowances.

    Enacted provision · exact public law section
    (1) Section 206(a)(42 U.S.C. 207(a)) is amended by striking out the words “, with the same pay and allowances,”, “, with the pay and allowances thereof”, and “, with the pay and allowances thereof,”, wherever they appear.

  7. Pub. L. 95–215 § 8(b) · 91 Stat. 1503

    Substituted · 42 U.S.C. § 207(b)(6)

    Pub. L. 95–215 substituted “junior assistant” for “senior assistant”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 95–215 substituted “junior assistant” for “senior assistant”.

    Enacted provision · exact public law section
    (b) Section 206(b) (6) of the Public Health Service Act is amended 42 USC 207. by striking out “senior” and inserting in lieu thereof “junior”.

  8. Public Health Service Administrative Amendments of 1979

    Pub. L. 96–76 § 304(a) · 93 Stat. 579

    Added · 42 U.S.C. § 207(a)

    Pub. L. 96–76, § 304(a), added pars. (7) to (10)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–76, § 304(a), added pars. (7) to (10).

    Enacted provision · exact public law section
    (a) The third sentence of subsection (a) of section 206 (42 U.S.C. 207(a)) is amended by striking out paragraphs (5) and (6) and inserting in lieu thereof the following: “(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).”.

  9. Public Health Service Administrative Amendments of 1979

    Pub. L. 96–76 § 304(b) · 93 Stat. 579

    Struck · 42 U.S.C. § 207(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Section 206(c) (42 U.S.C. 207(c)) is repealed.

  10. Public Health Service Administrative Amendments of 1979

    Pub. L. 96–76 § 304(c) · 93 Stat. 579

    Substituted · 42 U.S.C. § 207(d)

    Pub. L. 96–76, § 304(c), substituted “warrant officer (W–1)” for “junior assistant”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–76, § 304(c), substituted “warrant officer (W–1)” for “junior assistant”.

    Enacted provision · exact public law section
    (c) The first sentence of section 206(d) (42 U.S.C. 207(d)) is amended by striking out “junior assistant grade” and inserting in lieu thereof the following: “warrant officer (W–1) grade”.

  11. Health Services Amendments of 1985

    Pub. L. 99–117 § 9 · 99 Stat. 491

    Added · 42 U.S.C. § 207(e)

    Pub. L. 99–117 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–117 added subsec. (e).

    Enacted provision · exact public law section
    Sec. 9. limited exception to grade limitations for commissioned officers of the public health service who are assigned to the department of defense Section 206 is amended by adding at the end thereof the following new subsection: “(e) 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 office of the Assistant Secretary of Defense for Health Affairs.”.

  12. Pub. L. 101–93 § 5(p) · 103 Stat. 603

    Substituted · 42 U.S.C. § 207(e)

    Pub. L. 101–93, which directed the substitution of “the Department of Defense” for “the office of Assistant Secretary of Defense for Health Affairs”, was executed by making the substitution for “the office of the Assistant Secretary of Defense for Health Affairs” as the probable intent of Congress

    Source evidence

    Code amendment note
    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 Affairs”, was executed by making the substitution for “the office of the Assistant Secretary of Defense for Health Affairs” as the probable intent of Congress.

    Enacted provision · exact public law section
    (p) Detail to Department of Defense of Commissioned Officers of Public Health Service.— Section 206(e) of the Public Health Service Act (42 U.S.C. 207(e)) is amended by striking “the office of Assistant Secretary of Defense for Health Affairs” and inserting “the Department of Defense”.

  13. Vaccine and Immunization Amendments of 1990

    Pub. L. 101–502 § 5(k)(1) · 104 Stat. 1285

    Inserted · 42 U.S.C. § 207(a)

    Pub. L. 101–502 inserted after first sentence “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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–502 inserted after first sentence “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.”

    Enacted provision · exact public law section
    (1) Appointment of commissioned officer.— Section 206(a) of the Public Health Service Act (42 U.S.C. 207(a)) is amended by inserting after the first sentence the following new sentence: “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.”.

    Effective date note
    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.

  14. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 582 · 110 Stat. 2422

    Added · 42 U.S.C. § 207(f)

    Pub. L. 104–201 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–201 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 582. EXCEPTION TO STRENGTH LIMITATIONS FOR PUBLIC HEALTH SERVICE OFFICERS ASSIGNED TO THE DEPARTMENT OF DEFENSE. Section 206 of the Public Health Service Act (42 U.S.C. 207) is amended by adding at the end the following new subsection: “(f) 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.”.

  15. Coronavirus Aid, Relief, and Economic Security Act

    Pub. L. 116–136 div. A title III § 3214(e)(3) · 134 Stat. 281

    Substituted · 42 U.S.C. § 207(b)

    Pub. L. 116–136, which directed amendment of subsec. (c) by substituting “Ready Reserve Corps” for “Reserve Corps”, was executed by making the substitution in subsec. (b) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–136, which directed amendment of subsec. (c) by substituting “Ready Reserve Corps” for “Reserve Corps”, was executed by making the substitution in subsec. (b) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (3) in section 205(c), 206(c), 210, and 219, and in subsections (a), (b), and (d) of section 207, by striking “Reserve Corps” each place it appears and inserting “Ready Reserve Corps”.

10 of 15 references resolved to an enrolled provision · 1 partial · 4 unresolved

Editorial Notes

Amendments1948–2020 · 11 rounds

2020

Subsec. (b). Pub. L. 116–136, which directed amendment of subsec. (c) by substituting “Ready Reserve 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 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.”

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 Affairs”, 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 “warrant 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 , 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 , provided equality of grade, pay, and allowances between the Chief Dental Officer and the comparable officer in the Army.

1948

Subsec. (a). Act , 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 general as the Federal Security Administrator might determine.

Subsecs. (c), (d). Act , added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” 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 , 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 , see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective , see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , 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. , 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. Office of Surgeon General reestablished 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, , 52 F.R. 11754.

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 section 3501 of this title. 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, , 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Credits

1944–2020 · 13 acts
  1. 1944July 1, 1944, ch. 373, title II, § 206, 58 Stat. 684
  2. 1948Feb. 28, 1948, ch. 83, § 4, 62 Stat. 39
  3. 1951Oct. 31, 1951, ch. 653, 65 Stat. 700
  4. 1952July 17, 1952, ch. 931, 66 Stat. 758
  5. 19531953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631
  6. 1962Pub. L. 87–649, § 11(1), , 76 Stat. 497
  7. 1977Pub. L. 95–215, § 8(b), , 91 Stat. 1507
  8. 1979Pub. L. 96–76, title III, § 304, , 93 Stat. 584
  9. 1985Pub. L. 99–117, § 9, , 99 Stat. 494
  10. 1989Pub. L. 101–93, § 5(p), , 103 Stat. 614
  11. 1990Pub. L. 101–502, § 5(k)(1), , 104 Stat. 1289
  12. 1996Pub. L. 104–201, div. A, title V, § 582, , 110 Stat. 2538
  13. 2020Pub. L. 116–136, div. A, title III, § 3214(e)(3), , 134 Stat. 373.
Show as published

(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. , 18 F.R. 2053, 67 Stat. 631; Pub. L. 87–649, § 11(1), , 76 Stat. 497; Pub. L. 95–215, § 8(b), , 91 Stat. 1507; Pub. L. 96–76, title III, § 304, , 93 Stat. 584; Pub. L. 99–117, § 9, , 99 Stat. 494; Pub. L. 101–93, § 5(p), , 103 Stat. 614; Pub. L. 101–502, § 5(k)(1), , 104 Stat. 1289; Pub. L. 104–201, div. A, title V, § 582, , 110 Stat. 2538; Pub. L. 116–136, div. A, title III, § 3214(e)(3), , 134 Stat. 373.)

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