
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC206]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 206. Assignment of officers


(a) Deputy Surgeon General

    The Surgeon General shall assign one commissioned officer from the 
Regular Corps to administer the Office of the Surgeon General, to act as 
Surgeon General during the absence or disability 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 prescribe, and while so assigned he 
shall have the title of Deputy Surgeon General.

(b) Assistant Surgeons General

    The Surgeon General shall assign eight commissioned officers from 
the Regular Corps to be, respectively, the Director of the National 
Institutes 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 Service, 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 Reserve Corps to any such temporary position, and while so 
serving they shall each have the title of Assistant Surgeon General.
    (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 preceding such day, of officers of the Regular Corps on 
active duty and officers of the Reserve Corps on active duty for more 
than thirty days. If on any day the number of such special temporary 
positions exceeds such 1 per centum limitation, for a period of not more 
than one year after such day, the number of such special temporary 
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 officer holding any such 
temporary position.

(d) Designation of Assistant Surgeon General with respect to absence, 
        disability, or vacancy in offices of Surgeon General and Deputy 
        Surgeon General

    The Surgeon General shall designate the Assistant Surgeon General 
who shall serve as Surgeon General in case of absence or disability, or 
vacancy in the offices, of both the Surgeon General and the Deputy 
Surgeon General.

(July 1, 1944, ch. 373, title II, Sec. 205, 58 Stat. 684; Feb. 28, 1948, 
ch. 83, Sec. 3, 62 Stat. 39; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 
469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 
2053, 67 Stat. 631; Pub. L. 96-76, title III, Secs. 302(b), 303, Sept. 
29, 1979, 93 Stat. 584.)


                               Amendments

    1979--Subsec. (b). Pub. L. 96-76, Sec. 302(b), inserted provisions 
relating to assignment of Chief Nurse Officer and Chief Pharmacist 
Officer, and substituted ``eight'' for ``six''.
    Subsec. (c). Pub. L. 96-76, Sec. 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 ``National 
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).


                    Effective Date of 1979 Amendment

    Section 314 of Pub. L. 96-76 provided that: ``The amendments made by 
sections 303, 304, 305, 306, 307, and 313 [amending this section, 
sections 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

    Office of Surgeon General, together with office held by Deputy 
Surgeon General, Bureau of Medical Services, including office of Chief 
of Bureau of Medical Services, Bureau of State Services, including 
office of Chief of Bureau of State Services, and National Institutes 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. 
Secretary of Health, Education, and Welfare redesignated Secretary of 
Health and Human Services by section 509(b) of Pub. L. 96-88 which is 
classified to section 3508(b) of Title 20, Education.
    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. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20.

                  Section Referred to in Other Sections

    This section is referred to in sections 207, 210b of this title.
