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

Summary

President must set rules for the commissioned corps covering appointments, promotions, retirements, commission ends, titles, pay, uniforms, allowances (including higher foreign‑service), and discipline. Surgeon General, with Secretary OK unless law says otherwise, issues rules. No rule on medical qualifications may favor a medical school.

Title 42, §216

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

(a)The President shall from time to time prescribe regulations with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign service), and discipline of the commissioned corps of the Service.

(b)The Surgeon General, with the approval of the Secretary, unless specifically otherwise provided, shall promulgate all other regulations necessary to the administration of the Service, including regulations with respect to uniforms for employees, and regulations with respect to the custody, use, and preservation of the records, papers, and property of the Service.

(c)No regulation relating to qualifications for appointment of medical officers or employees shall give preference to any school of medicine.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1949—Subsec. (b). Act Oct. 12, 1949, struck out references to travel and transportation of household goods and effects.

Statutory Notes and Related Subsidiaries

Change of Name

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

Effective Date

of 1949 AmendmentAmendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as a note under section 854a of Title 33, Navigation and Navigable Waters.

Executive Documents

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff.

June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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. Delegation of Functions Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140,

January 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

§216 Regulations