§207 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Sets how grades and job titles work for officers in the Public Health Service and ties them to Army equivalents. While serving, the Surgeon General must hold the same grade as the Army Surgeon General. The Deputy Surgeon General and the Coast Guard’s Chief Medical Officer must have the grade that matches major general while assigned. The Chief Dental Officer gets the grade that matches the Army’s Assistant Surgeon General for dental officers. A commissioned officer serving as Assistant Secretary for Health must have the grade that matches General of the Army. Assistant Surgeons General must be at the rank of either brigadier general or major general as the Secretary decides, but no more than one-half of those Assistant Surgeon General positions can be above brigadier general. The Service’s internal grades map to Army ranks: director = colonel; senior = lieutenant colonel; full = major; senior assistant = captain; assistant = first lieutenant; junior assistant = second lieutenant; and warrant grades W–4 through W–1 match the corresponding Army warrant titles. Medical officers use the titles medical director, senior surgeon, surgeon, senior assistant surgeon, assistant surgeon, and junior assistant surgeon. The President can set titles for nonmedical officers, and Ready Reserve officers add the word “Reserve.” Each year, within the total number of active officers funded by Congress, the Secretary must set maximums for each grade after looking at needs, money, current numbers, expected hires, promotions, and retirements. Those limits can’t exceed any limits in the appropriation acts and won’t force officers out or down in rank. Up to three officers who hold brigadier- or major-general equivalent ranks and are serving in policymaking jobs in the Department of Defense may be left out of the count for those high grades. Officers assigned to the Department of Defense may also be excluded from the count of officers serving on active duty.

Title 42, §207

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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”.

(c)

(d)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (b). Pub. L. 116–136, 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. 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, § 304(a), added pars. (7) to (10). Subsec. (c). Pub. L. 96–76, § 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, § 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).

Statutory Notes and Related Subsidiaries

Change of Name

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

Effective Date

of 1990 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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

For 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 section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive Documents

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. 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, Mar. 30, 1987, 52 F.R. 11754. 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, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

§207 Grades, ranks, and titles of commissioned corps

Summary

Title 42, §207

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Effective Date

Transfer of Functions

Executive Documents

Transfer of Functions

Citations & Metadata