Executive Order 10506—Delegating Certain Functions of the President Under the Public Health Service Act

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

SECTION 1. The Secretary of Health, Education, and Welfare is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the followingdescribed functions vested in the President under the Public Health Service Act (58 Stat. 682), as amended:

(a) The authority under section 203 (42 U.S.C. 204) to appoint commissioned officers of the Reserve Corps.

(b) The authority under section 206 (b) (42 U.S.C. 207 (b)) to prescribe titles, appropriate to the several grades, for commissioned officers of the Public Health Service other than medical officers.

(c) The authority under section 207 (a) (2) (42 U.S.C. 209 (a) (2)) to terminate commissions of officers of the Reserve Corps without the consent of the officers concerned.

(d) The authority under sections 210 (a), (k), and (1) (42 U.S.C. 211 (a), (k), and (1)) to make or terminate temporary promotions of commissioned officers of the Regular Corps and Reserve Corps.

(e) The authority under section 211 (d) (42 U.S.C. 212 (d)) to approve the voluntary retirement of the Surgeon General.

(f) The authority to prescribe regulations under the following-designated sections: 207 (a), 207 (b), 208 (b), 208 (e), 210 (a), 210 (b), 210 (d) (1), 210 (h), 210 (1), 210 (j) (1), 210 (k), 211 (c), 215 (a), 218 (a), 219 (a), and 510 (42 U.S.C. 209 (a), 209 (b),210 (b),210 (e),211 (a), 211 (b), 211 (d) (1), 211 (h:, 211 (i), 211 (j) (1), 211 (k), 212 (O, 216 (a), 218a (a), 210-1 (a), and 228).

(g) The authority under sections 321 (a) and 364 (a) (42 U.S.C. 248 (a) and 267 (a)) to approve the selection of suitable sites for and the establishment of additional institutions, hospitals, stations, grounds, and anchorages; subject, however, to the approval of the Director of the Bureau of the Budget, except as he may otherwise provide.

SEC. 2. The Surgeon General is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the function vested in the President by sections 203 and 207 (a) (2) of the Public Health Service Act (58 Stat. 683, 685), as amended (42 U.S.C. 204 and 209 (a) (2)), or otherwise, of accepting voluntary resignations of commissioned officers of the Regular Corps or the Reserve Corps.

SEC 3. All actions heretofore taken by the President with respect to the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order.

SEC. 4. Paragraph 2 of Executive Order No. 9993 of August 31, 1948, is hereby amended to read as follows:

"2. Exercise by the Secretary of Health, Education, and Welfare of certain powers of the President. The Secretary of Health, Education, and Welfare is authorized to exercise the powers of the President (a) to terminate temporary promotions under section 6 (b) of the act of February 28, 1948, 62 Stat. 45, and (b) to specify ports under section 366 (a) of the Public Health Service Act.

SEC. 5. As used in this order, the term "functions" embraces duties, powers, responsibilities, authority, or discretion, and the term "perform" may be construed to mean "exercise".

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

December 10, 1953.