About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-169262 1 (1978-03-22)

handle is hein.gao/gaobadful0001 and id is 1 raw text is: I DECISION FIC 69262 MATTER DIGEST: ? ~ THE COMPTROLLER ORNERAL -I )p -1 OF THE UNITED STATES WASHINGTON. D.C. qrO54IJ DATE: Malrch 22, 1978 OF: Surgeon General of the Public Health Service 1. Decision in 49 Comp. Gen. 722 (1970), holding that Surgeon General of the Public Health Servic: (PHS) may not be compensated at pay grade 0-9 on the basis that 0-9 is the pay grade cf the Surgeon General of the Army is reaffirmed, since the pay grade of the Surgeon General of the PHS is estab- lished at 0-8 by 37 U. S. C. .201(i) (1970). . 2. In the absence of additional legislation, no legal basis exists for assigning pay grade 0-9 to the position of Surgeon General oZ the Public Health Service which under Reorganization Plan No. 3, of 196 has also been administratively designated Assistant Secretary for Health, HEW, since the Surgeon General's position is established by law (42 U. S. C. 205) with the pay grade of - 0-8 (37 U. S. C. 2 01(a)). This action is in response to a letter dated October 17, 1977, from the Secretary of Health, Education, and Welfare (HEW) request- ing a decision concerning the appropriate rate of compensation to be paid Dr. Julius Richmond who currently serves as both the Assistant Secretary for Health and as Surgeon General of the Public Health Service (PHS) in HEW. The primary question presented by the Secretary's letter is whether section 206(a) of the Public Health Ser- vice Act (42 1. S. C. 207(a)) which provides that the Surgeon General of the PHS shall be of the same grade as ihe Surgeon General of the Army, authorizes compensation of the Surgeon General of the PHS at the sarne rr.te as the Surgeon General of the Army which is currently pay grade 0-9, or whether he is to be paid only at pay grade 0-8 as pvoi;.Jed in 37 U. S. C. 201 (1970). The Secretary indicates that he is aware that we previously examined this matter and in 49 Comp. Gen. 722 (1970) held that the proper pay grade of the Surgeon General of the PHS is 0-8. However, he asks that that decision be reconsidered for the following reasons: I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most