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Title 42 — The Public Health and Welfare

Part A · Chapter 6A — Public Health Service

§ 216. Regulations

Statutory text

(a)

Prescription by President: appointments, retirement, etc.

The President shall from time to time prescribe regulations with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign service), and discipline of the commissioned corps of the Service.

(b)

Promulgation by Surgeon General; administration of Service

The Surgeon General, with the approval of the Secretary, unless specifically otherwise provided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to uniforms for employees, and regulations with respect to the custody, use, and preservation of the records, papers, and property of the Service.

(c)

Preference to school of medicine

No regulation relating to qualifications for appointment of medical officers or employees shall give preference to any school of medicine.

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. § 216

    July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690

  2. Public Law not identified

    Struck · 42 U.S.C. § 216(b)

    Subsec. (b). Act Oct. 12, 1949, struck out references to travel and transportation of household goods and effects

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

    Source evidence

    Code amendment note
    Subsec. (b). Act Oct. 12, 1949, struck out references to travel and transportation of household goods and effects.

0 of 2 references resolved to an enrolled provision · 1 partial · 1 unresolved

Editorial Notes

Amendments

1949—Subsec. (b). Act , struck out references to travel and transportation of household goods and effects.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date of 1949 Amendment

Amendment by act , effective , see section 533(a) of act , set out as a note under section 854a of Title 33, Navigation and Navigable Waters.

Executive Documents

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title.

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

1944–1953 · 3 acts
  1. 1944July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690
  2. 1949Oct. 12, 1949, ch. 681, title V, § 521(f), 63 Stat. 835
  3. 19531953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631.
Show as published

(July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690; Oct. 12, 1949, ch. 681, title V, § 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s216