Grades of commissioned officers
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”.
Pub. L. 96–76, title III, § 304(b)93 Stat. 584 Repealed. , ,
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.
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.
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. 37358 Stat. 684Feb. 28, 1948, ch. 83, § 462 Stat. 39Oct. 31, 1951, ch. 65365 Stat. 700July 17, 1952, ch. 93166 Stat. 75867 Stat. 631Pub. L. 87–649, § 11(1)76 Stat. 497Pub. L. 95–215, § 8(b)91 Stat. 1507Pub. L. 96–76, title III, § 30493 Stat. 584Pub. L. 99–117, § 999 Stat. 494Pub. L. 101–93, § 5(p)103 Stat. 614Pub. L. 101–502, § 5(k)(1)104 Stat. 1289Pub. L. 104–201, div. A, title V, § 582110 Stat. 2538Pub. L. 116–136, div. A, title III, § 3214(e)(3)134 Stat. 373(, title II, § 206, ; , ; , ; , ; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 116–1362020—Subsec. (b). , 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.
Pub. L. 104–2011996—Subsec. (f). added subsec. (f).
Pub. L. 101–5021990—Subsec. (a). 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.”
Pub. L. 101–931989—Subsec. (e). , 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.
Pub. L. 99–1171985—Subsec. (e). added subsec. (e).
Pub. L. 96–76, § 304(a)1979—Subsec. (a). , added pars. (7) to (10).
Pub. L. 96–76, § 304(b)Subsec. (c). , 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.
Pub. L. 96–76, § 304(c)Subsec. (d). , substituted “warrant officer (W–1)” for “junior assistant”.
Pub. L. 95–2151977—Subsec. (b)(6). substituted “junior assistant” for “senior assistant”.
Pub. L. 87–6491962—Subsec. (a). 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
section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsecs. (a) and (d) pursuant to , which is classified to , Education.
Effective Date of 1990 Amendment
Pub. L. 101–502section 5(k)(3) of Pub. L. 101–502section 201 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.
Effective Date of 1979 Amendment
Pub. L. 96–76section 314 of Pub. L. 96–76section 206 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1962 Amendment
Pub. L. 87–649section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.
Transfer of Functions
section 542 of Title 6For 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 .
Executive Documents
Transfer of Functions
80 Stat. 1610section 202 of this titleOffice 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, , 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 . 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.
section 3501 of this titleFunctions 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 . Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Delegation of Functions
section 202 of this titleFunctions 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 .