Title 42, The Public Health and WelfareRelease 119-102
§205 Appointment and Tenure of Office of Surgeon General; Reversion in Rank
Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part A — Administration › § 205
Summary
President must appoint the Surgeon General from the Regular Corps for four years with Senate approval; the appointee must have specialized public‑health training or significant experience, and unless reappointed reverts to grade and number 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 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102