42 USC § 216 - Regulations

---
identifier: "/us/usc/t42/s216"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 216 - Regulations"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "216"
section_name: "Regulations"
chapter_number: 6
chapter_name: "PUBLIC HEALTH SERVICE"
subchapter_number: "I"
subchapter_name: "ADMINISTRATION AND MISCELLANEOUS PROVISIONS"
part_number: "A"
part_name: "Administration"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 216. Regulations

**(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.

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

---

**Source Credit**: (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 Notes

### Amendments

1949—Subsec. (b). Act , 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 , which is classified to , Education.

### Effective Date of 1949 Amendment

Amendment by act , effective , see section 533(a) of act , set out as a note under , 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. , 31 F.R. 8855, , set out as a note under .

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 . 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, , 29 F.R. 1637, as amended, set out as a note under .