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

---
identifier: "/us/usc/t42/s205"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 205 - Appointment and tenure of office of Surgeon General; reversion in rank"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "205"
section_name: "Appointment and tenure of office of Surgeon General; reversion in rank"
chapter_number: 6
chapter_name: "PUBLIC HEALTH SERVICE"
subchapter_number: "I"
subchapter_name: "ADMINISTRATION AND MISCELLANEOUS PROVISIONS"
part_number: "A"
part_name: "Administration"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 1, 1944, ch. 373, title II, § 204, 58 Stat. 684; Pub. L. 97–25, title III, § 303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, § 2765(b), Aug. 13, 1981, 95 Stat. 932; Pub. L. 116–136, div. A, title III, § 3214(e)(1), Mar. 27, 2020, 134 Stat. 373.)"
---


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

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.

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**Source Credit**: (July 1, 1944, ch. 373, title II, § 204, 58 Stat. 684; Pub. L. 97–25, title III, § 303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, § 2765(b), Aug. 13, 1981, 95 Stat. 932; Pub. L. 116–136, div. A, title III, § 3214(e)(1), Mar. 27, 2020, 134 Stat. 373.)

## Editorial Notes

### Amendments

2020— substituted “Regular Corps or Ready Reserve Corps” for “Regular or Reserve Corps”.

1981— 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.

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 , which is classified to , Education.

## Executive Documents

### Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, , 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 . 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, , 52 F.R. 11754.