Title 42, The Public Health and WelfareRelease 119-110

§206 Assignment of Officers

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part A — Administration › § 206

Last updated Sep 22, 2026|Official source

Summary

The Surgeon General must pick one Regular Corps officer to run the Office and to step in as Surgeon General if the Surgeon General is absent, disabled, or the job is empty. That person is called the Deputy Surgeon General. The Surgeon General also must assign eight Regular Corps officers to specific senior posts, such as the Director of the National Institutes of Health and the chiefs of key medical, nursing, dental, pharmacy, sanitary engineering, and bureau services. Those officers are called Assistant Surgeons General. The Surgeon General must name which Assistant Surgeon General will serve as Surgeon General if both the Surgeon General and the Deputy Surgeon General are absent, disabled, or the jobs are vacant. With the Secretary’s approval, the Surgeon General can create special temporary Assistant Surgeon General positions and fill them with officers from the Regular Corps or the Ready Reserve Corps; those officers get the Assistant Surgeon General title while serving. On any day, these temporary positions cannot exceed 1 percent of the highest number, during the 90 days before that day, of Regular Corps officers on active duty plus Ready Reserve officers on active duty for more than 30 days. If the number goes over that 1 percent on any day, then for up to one year afterward the count can only be reduced when someone holding a temporary position resigns, retires, dies, or moves to a lower-grade job.

Full Legal Text

Title 42, §206

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

(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 Ready 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 Ready 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (c). Pub. L. 116–136 substituted “Ready Reserve Corps” for “Reserve Corps” in pars. (1) and (2). 1979—Subsec. (b). Pub. L. 96–76, § 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, § 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).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (c)(1) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1979 Amendment Pub. L. 96–76, title III, § 314, Sept. 29, 1979, 93 Stat. 587, provided that: “The

Amendments

made by section 303, 304, 305, 306, 307, and 313 [amending this section, section 207, 209, 210b, and 211 of this title, and section 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on October 1, 1979.”

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, 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. 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 206

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110