---
kind: "section"
citation: "42 U.S.C. § 216"
title: "42"
title_heading: "The Public Health and Welfare"
number: "216"
heading: "Regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/216"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter I — Administration and Miscellaneous Provisions"
  - "Part A — Administration"
---

# §216. Regulations

- (a) **Prescription by President: appointments, retirement, etc.** The President shall from time to time prescribe [regulations](/usc/42/201.md?p=d) with respect to the appointment, promotion, retirement, termination of commission, titles, pay, uniforms, allowances (including increased allowances for foreign [service](/usc/42/201.md?p=a)), and discipline of the commissioned corps of the [Service](/usc/42/201.md?p=a).
- (b) **Promulgation by Surgeon General; administration of Service—** The [Surgeon General](/usc/42/201.md?p=b), with the approval of the [Secretary](/usc/42/201.md?p=c), unless specifically otherwise provided, shall promulgate all other [regulations](/usc/42/201.md?p=d) necessary to the administration of the [Service](/usc/42/201.md?p=a), including [regulations](/usc/42/201.md?p=d) with respect to uniforms for [employees](/usc/42/300gg–91.md?p=d-5), and [regulations](/usc/42/201.md?p=d) with respect to the custody, use, and preservation of the records, papers, and property of the [Service](/usc/42/201.md?p=a).
- (c) **Preference to school of medicine—** No regulation relating to qualifications for appointment of medical officers or [employees](/usc/42/300gg–91.md?p=d-5) shall give preference to any [school](/usc/42/300j–21.md?p=6) 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.)

## Notes

### 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 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 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.