
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC207]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 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 
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 
Reserve Corps shall have the suffix ``Reserve.''

(c) Repealed. Pub. L. 96-76, title III, Sec. 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 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.

(July 1, 1944, ch. 373, title II, Sec. 206, 58 Stat. 684; Feb. 28, 1948, 
ch. 83, Sec. 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, Secs. 5, 8, 
eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 87-649, 
Sec. 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95-215, Sec. 8(b), Dec. 
19, 1977, 91 Stat. 1507; Pub. L. 96-76, title III, Sec. 304, Sept. 29, 
1979, 93 Stat. 584; Pub. L. 99-117, Sec. 9, Oct. 7, 1985, 99 Stat. 494; 
Pub. L. 101-93, Sec. 5(p), Aug. 16, 1989, 103 Stat. 614; Pub. L. 101-
502, Sec. 5(k)(1), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 104-201, div. 
A, title V, Sec. 582, Sept. 23, 1996, 110 Stat. 2538.)


                               Amendments

    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, Sec. 304(a), added pars. (7) to 
(10).
    Subsec. (c). Pub. L. 96-76, Sec. 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, Sec. 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 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 general as the Federal Security Administrator might determine.
    Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d).


                    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 section 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 Allowances of the Uniformed Services.

                          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 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.

                         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.

                  Section Referred to in Other Sections

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