42 U.S.C. § 205 — Appointment and tenure of office of Sur-

Page 60 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 205 ‘‘(2) To ensure the availability of the Corps for as- signments that address clinical and public health needs in isolated, hardship, and hazardous duty posi- tions, and, when required, to address needs related to the well-being, security, and defense of the United States. ‘‘(3) To establish the Corps as a resource available to Federal and State Government agencies for assist- ance in meeting public health leadership and service roles.’’ § 205. Appointment and tenure of office of Sur- geon 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 ap- pointed 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 Reg- ular Corps or Ready Reserve Corps that he would have occupied had he not served as Sur- geon General. (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—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 appoint- ment of an individual from the Regular Corps and with specialized training and significant experience, for pro- visions 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’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ 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 Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished 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. § 206. Assignment of officers (a) Deputy Surgeon General The Surgeon General shall assign one commis- sioned officer from the Regular Corps to admin- ister the Office of the Surgeon General, to act as Surgeon General during the absence or dis- ability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may pre- scribe, and while so assigned he shall have the title of Deputy Surgeon General. (b) Assistant Surgeons General The Surgeon General shall assign eight com- missioned officers from the Regular Corps to be, respectively, the Director of the National Insti- tutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, the Chief Nurse Officer of the Serv- ice, the Chief Pharmacist Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General. (c) Creation of temporary positions as Assistant Surgeons General (1) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service. The Surgeon General may assign officers of either the Regular Corps or the Ready Reserve Corps to any such tem- porary position, and while so serving they shall each have the title of Assistant Surgeon Gen- eral. (2) Except as provided in this paragraph, the number of special temporary positions created by the Surgeon General under paragraph (1) shall not on any day exceed 1 per centum of the highest number, during the ninety days pre- ceding such day, of officers of the Regular Corps on active duty and officers of the Ready Reserve Corps on active duty for more than thirty days. If on any day the number of such special tem- porary positions exceeds such 1 per centum limi- tation, for a period of not more than one year after such day, the number of such special tem- porary positions shall be reduced for purposes of complying with such 1 per centum limitation only by the resignation, retirement, death, or transfer to a position of a lower grade, of any of- ficer holding any such temporary position. (d) Designation of Assistant Surgeon General with respect to absence, disability, or va- cancy in offices of Surgeon General and Dep- uty Surgeon General The Surgeon General shall designate the As- sistant Surgeon General who shall serve as Sur- geon General in case of absence or disability, or vacancy in the offices, of both the Surgeon Gen- eral and the Deputy Surgeon General. (July 1, 1944, ch. 373, title II, § 205, 58 Stat. 684; Feb. 28, 1948, ch. 83, § 3, 62 Stat. 39; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, §§ 302(b), 303, Sept. 29, 1979, 93 Stat. 584; Pub. L. 116–136, div. A, title III, § 3214(e)(3), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–136 substituted ‘‘Ready Reserve Corps’’ for ‘‘Reserve Corps’’ in pars. (1) and (2).