
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: 42USC210b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 210b. Professional categories


(a) Division of corps; basis of categories

    For the purpose of establishing eligibility of officers of the 
Regular Corps for promotions, the Surgeon General shall by regulation 
divide the corps into professional categories. Each category shall, as 
far as practicable, be based upon one of the subjects of examination set 
forth in section 209(a)(1) of this title or upon a subdivision of such 
subject, and the categories shall be designed to group officers by 
fields of training in such manner that officers in any one grade in any 
one category will be available for similar duty in the discharge of the 
several functions of the Service.

(b) Assignment of officers

    Each officer of the Regular Corps on active duty shall, on the basis 
of his training and experience, be assigned by the Surgeon General to 
one of the categories established by regulations under subsection (a) of 
this section. Except upon amendment of such regulations, no assignment 
so made shall be changed unless the Surgeon General finds (1) that the 
original assignment was erroneous, or (2) that the officer is equally 
well qualified to serve in another category to which he has requested to 
be transferred, and that such transfer is in the interests of the 
Service.

(c) Maximum number of officers in each category

    Within the limits fixed by the Secretary in regulations under 
section 207(d) of this title for any fiscal year, the Surgeon General 
shall determine for each category in the Regular Corps 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.

(d) Vacancies in grade for purposes of promotion

    The excess of the number so fixed for any grade in any category over 
the number of officers of the Regular Corps on active duty in such grade 
in such category (including in the case of the director grade, officers 
holding such grade in accordance with section 207(c) of this title) 
shall for the purpose of promotions constitute vacancies in such grade 
in such category. For purposes of this subsection, an officer who has 
been temporarily promoted or who is temporarily holding the grade of 
director in accordance with section 207(c) of this title shall be deemed 
to hold the grade to which so promoted or which he is temporarily 
holding; but while he holds such promotion or grade, and while any 
officer is temporarily assigned to a position pursuant to section 206(c) 
of this title, the number fixed under subsection (c) of this section for 
the grade of his permanent rank shall be reduced by one.

(e) Absence of vacancy in grade as affecting promotion

    The absence of a vacancy in a grade in a category shall not prevent 
an appointment to such grade pursuant to section 209 of this title, a 
permanent length of service promotion, or the recall of a retired 
officer to active duty; but the making of such an appointment, 
promotion, or recall shall be deemed to fill a vacancy if one exists.

(f) Vacancy in grade as affecting maximum number for each category

    Whenever a vacancy exists in any grade in a category the Surgeon 
General may increase by one the number fixed by him under subsection (c) 
of this section for the next lower grade in the same category, without 
regard to the numbers fixed in regulations under section 207(d) of this 
title; and in that event the vacancy in the higher grade shall not be 
filled except by a permanent promotion, and upon the making of such 
promotion the number for the next lower grade shall be reduced by one.

(July 1, 1944, ch. 373, title II, Sec. 209, as added Feb. 28, 1948, ch. 
83, Sec. 5(i), 62 Stat. 41; amended 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, Sec. 306, Sept. 29, 1979, 93 Stat. 585.)


                            Prior Provisions

    A prior section 209 of act July 1, 1944, was renumbered section 208 
and is classified to section 210 of this title.


                               Amendments

    1979--Subsec. (c). Pub. L. 96-76 substituted ``warrant officer (W-
1)'' for ``assistant''.


                    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.

                          Transfer of Functions

    Office of 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.

                  Section Referred to in Other Sections

    This section is referred to in section 211 of this title.
