Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part A — Administration › § 210b
The Surgeon General must split the Regular Corps into professional categories. These groups should follow the subjects used on exams and group officers by training so people in the same rank and category can do similar work. Every active-duty officer must be placed in one category based on their training and experience. That placement cannot be changed unless it was a mistake or the officer asks to move, is equally qualified for the new category, and the move is good for the Service. Each year, within limits set by the Secretary, the Surgeon General must set a maximum number of officers allowed in each grade from W–1 through the director grade for every category. A vacancy equals the difference between that maximum and the number actually on duty. Temporary promotions count as holding the higher grade and reduce the permanent-grade count by one while in effect. Not having a vacancy does not stop hiring, promotions, or recalls; such actions will fill a vacancy if one exists. If a higher-grade vacancy exists, the Surgeon General may raise the next lower grade’s maximum by one so the higher slot stays open until filled by a permanent promotion; when that promotion happens, the lower grade maximum goes down by one.
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The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 210b
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110