42 U.S.C. § 216

Regulations

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(a) Prescription by President: appointments, retirement, etc.

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) Promulgation by Surgeon General; administration of Service

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.

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

(July 1, 1944, ch. 373, title II, § 215, 58 Stat. 690; Oct. 12, 1949, ch. 681, title V, § 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)Editorial NotesAmendments

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

Statutory Notes and Related SubsidiariesChange 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 Amendment

Amendment 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 DocumentsTransfer 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.

Notes of Decisions

Cited in 55 cases (7 in the last 5 years), 1969–2026 · leading case: Pharmaceutical Research and Manufacturers of America v. United States Department of Health and Human Services

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Pharmaceutical Research and Manufacturers of America v. United States Department of Health and Human Services (2014) dcd · cites it 2× “§ 256b, as amended, (2) Section 215 of the PHSA, 42 U.S.C. § 216 , as amended, (3) Section 526 of the FFDCA, 21 U.”

Nancy E. Landers v. Patrick J. Landers (2016) njsuperctappdiv “We are confident this is a mistake because 42 U.S.C.A. § 216 addresses prescriptions by the President and promulgations by the Surgeon General.”

Jeff Kasarsky v. Jo Anne B. Barnhart, Commissioner of Social Security (2003) ca7 “He applied for Disability Insurance Benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. §§ 216 (i), 223(d), and for Supplemental Security Income (SSI) under Title XVI of the Act, 42 U.”

Verbeck v. United States (2009) uscfc · cites it 2× “§ 209 (a)(2); see 42 U.S.C. § 216 (a) (giving the President the authority to “prescribe regulations with respect to the .”

Patoski v. Berryhill (2018) dcd “She filed an application for social security disability ("SSD") under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 216 (i) and 223(d), in November, 2013.”

Association for Women in Science v. Joseph A. Califano, Jr., Secretary of United States Department of Health, Education (1977) cadc “42 U.S.C. §§ 216 , 241(d), 289c (1970 & Supp.”

Natalie F. Smith, Widow of Dennis A. Smith, Deceased v. Patricia Harris, Secretary of Health, Education and Welfare (1981) ca3 “§ 223 (d) for a disability period under 42 U.S.C. § 216 (i) of the Social Security Act (the Act).”

Petrone v. Long Term Disability Income Plan (2013) mad “Petrone’s disability prevented her from performing even “sedentary” work. Moreover, an Administrative Law Judge for the Social Security Administration issued a decision “fully favorable” to Ms.”

Tift County Hospital Authority v. Nies (In Re Nies) (2005) mab “§ 1395WW(D)(ii), as well as in an area designated as a Health Professional Shortage Area by the United States Department of Health and Human Services under 42 U.S.C. §§ 216 , 254e. In order to address the health and medical needs of residents in Tift County, the Hospital…”

Bergman v. United States (1983) miwd “That case held that discrimination in facilities forming a part of the interstate bus service was in violation of § 216(d) part II of the Interstate Commerce Act, 42 U.S.C. § 216 (d). The distinguishing facet of the decision was that the Interstate Commerce Act only applied to…”

James D. Stillwell v. Wilbur J. Cohen, Secretary of Health, Education and Welfare (1969) ca5 “42 U.S.C. § 216 (i) ; 42 U.S.C. § 423 (c) (1).”

Griffin v. United States (1972) paed “The regulations pertinent to this action were promulgated by the joint authority of the Secretary of Health, Education and Welfare and the Surgeon General under 42 U.S.C. § 216 , a procedure subsequently abolished by Reorganization Plan #3 of 1966 (Appended as a footnote to 42 U.”

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