Title 42The Public Health and WelfareRelease 119-73

§205 Appointment and tenure of office of Surgeon General; reversion in rank

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER I— - ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part Part A— - Administration › § 205

Last updated Apr 6, 2026|Official source

Summary

President appoints the Surgeon General from the Regular Corps for a 4‑year term with Senate approval; must have specialized public‑health training/experience; unless reappointed, reverts to grade/number they would have held in Regular or Ready Reserve Corps.

Full Legal Text

Title 42, §205

The Public Health and Welfare — Source: USLM XML via OLRC

The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular Corps or Ready Reserve Corps that he would have occupied had he not served as Surgeon General.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Pub. L. 116–136 substituted “Regular Corps or Ready Reserve Corps” for “Regular or Reserve Corps”. 1981—Pub. L. 97–35 inserted reference to Reserve Corps and substituted provisions relating to appointment of an individual from the Regular Corps and with specialized training and significant experience, for provisions relating to appointment of an individual sixty-four years of age or older. Pub. L. 97–25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older.

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Executive Documents

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Reference

Citations & Metadata

Citation

42 U.S.C. § 205

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73