42 U.S.C. § 210b — Professional categories

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 603 words · no verdicts yet

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This law tells the Surgeon General how to sort Public Health Service officers into professional categories for promotion. It covers how officers get assigned and reassigned, how many officers each grade can hold, what counts as a promotion vacancy, and how vacancies affect other grades.

(a) To decide who's eligible for promotion, the Surgeon General must divide the Regular Corps into professional categories, set by regulation. Each category should be based, as far as practical, on one of the exam subjects listed in section 209(a)(1), or a part of one, grouping officers by their training so that people in the same grade and category can do similar work. (b) Each Regular Corps officer on active duty gets assigned by the Surgeon General to one category, based on their training and experience. That assignment normally can't be changed unless the Surgeon General finds the original assignment was a mistake, or finds the officer is equally qualified for another category they've asked to transfer to, and the transfer serves the Service's interests — or unless the regulations themselves are amended. (c) Within the limits the Secretary sets each year under section 207(d), the Surgeon General decides, for each category, the maximum number of officers allowed in each grade, from warrant officer (W-1) up through the director grade. (d) If the number of officers actually serving in a grade and category (including, for the director grade, officers holding it under section 207(c)) is lower than the maximum set under (c), that gap counts as "vacancies" for promotion purposes. An officer temporarily promoted, or temporarily holding the director grade under section 207(c), is treated as already holding that higher grade for this counting — but while they hold it, and while any officer is temporarily assigned under section 206(c), the maximum count for their permanent rank's grade drops by one. (e) A promotion can still happen even if there's technically no vacancy in a grade — for an appointment under section 209, a permanent length-of-service promotion, or bringing a retired officer back to active duty. But making that appointment, promotion, or recall counts as filling a vacancy if one exists. (f) If a vacancy opens in any grade within a category, the Surgeon General can temporarily raise by one the allowed number for the next lower grade in that same category, ignoring the normal limits set under section 207(d). But then, that higher-grade vacancy can only be filled by a permanent promotion — and once that promotion happens, the count for the lower grade goes back down by one.

the actual law source: uscode.house.gov ↗public domain

(a) Division of corps; basis of categories

For the purpose of establishing eligibility of officers of the Regular Corps for promotions, the Surgeon General shall by regulation divide the corps into professional categories. Each category shall, as far as practicable, be based upon one of the subjects of examination set forth in section 209(a)(1) of this title or upon a subdivision of such subject, and the categories shall be designed to group officers by fields of training in such manner that officers in any one grade in any one category will be available for similar duty in the discharge of the several functions of the Service.

(b) Assignment of officers

Each officer of the Regular Corps on active duty shall, on the basis of his training and experience, be assigned by the Surgeon General to one of the categories established by regulations under subsection (a). Except upon amendment of such regulations, no assignment so made shall be changed unless the Surgeon General finds (1) that the original assignment was erroneous, or (2) that the officer is equally well qualified to serve in another category to which he has requested to be transferred, and that such transfer is in the interests of the Service.

Within the limits fixed by the Secretary in regulations under section 207(d) of this title for any fiscal year, the Surgeon General shall determine for each category in the Regular Corps 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.

(d) Vacancies in grade for purposes of promotion

The excess of the number so fixed for any grade in any category over the number of officers of the Regular Corps on active duty in such grade in such category (including in the case of the director grade, officers holding such grade in accordance with section 207(c) of this title) shall for the purpose of promotions constitute vacancies in such grade in such category. For purposes of this subsection, an officer who has been temporarily promoted or who is temporarily holding the grade of director in accordance with section 207(c) of this title shall be deemed to hold the grade to which so promoted or which he is temporarily holding; but while he holds such promotion or grade, and while any officer is temporarily assigned to a position pursuant to section 206(c) of this title, the number fixed under subsection (c) of this section for the grade of his permanent rank shall be reduced by one.

(e) Absence of vacancy in grade as affecting promotion

The absence of a vacancy in a grade in a category shall not prevent an appointment to such grade pursuant to section 209 of this title, a permanent length of service promotion, or the recall of a retired officer to active duty; but the making of such an appointment, promotion, or recall shall be deemed to fill a vacancy if one exists.

(f) Vacancy in grade as affecting maximum number for each category

Whenever a vacancy exists in any grade in a category the Surgeon General may increase by one the number fixed by him under subsection (c) for the next lower grade in the same category, without regard to the numbers fixed in regulations under section 207(d) of this title; and in that event the vacancy in the higher grade shall not be filled except by a permanent promotion, and upon the making of such promotion the number for the next lower grade shall be reduced by one.

Source credit: (July 1, 1944, ch. 373, title II, § 209, as added Feb. 28, 1948, ch. 83, § 5(i), 62 Stat. 41; amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, § 306, Sept. 29, 1979, 93 Stat. 585.)

history & why it existsrecord from the source credit

1944Enacted · Act of July 1, 1944, ch. 373 · 62 Stat. 41
1979Amended · Pub. L. 96-76 · 93 Stat. 585

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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