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42 U.S.C. § 205 — Deployment readiness

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 205 — Deployment readiness

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Source file: Laws/federal/codes/united-states-code/title-42/section-205-deployment-readiness--87ba756891.md
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Source location: Title 42, Chapter 6A, § 205; chapter-6a-public-health-service.md

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**(a) Readiness requirements for Commissioned Corps officers** (1) **In general** — The Secretary, with respect to members of the following Corps components, shall establish requirements, including training and medical examinations, to ensure the readiness of such components to respond to urgent or emergency public health care needs that cannot otherwise be met at the Federal, State, and local levels: (A) Active duty Regular Corps. (B) Ready Reserve Corps. (2) **Annual assessment of members** — The Secretary shall annually determine whether each member of the Corps meets the applicable readiness requirements established under paragraph (1). (3) **Failure to meet requirements** — A member of the Corps who fails to meet or maintain the readiness requirements established under paragraph (1) or who fails to comply with orders to respond to an urgent or emergency public health care need shall, except as provided in paragraph (4), in accordance with procedures established by the Secretary, be subject to disciplinary action as prescribed by the Secretary. (4) **Waiver of requirements** (A) *In general* — The Secretary may waive one or more of the requirements established under paragraph (1) for an individual who is not able to meet such requirements because of— (i) a disability; (ii) a temporary medical condition; or (iii) any other extraordinary limitation as determined by the Secretary. (B) *Regulations* — The Secretary shall promulgate regulations under which a waiver described in subparagraph (A) may be granted. (5) **Urgent or emergency public health care need** — For purposes of this section and [section 215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section215&num=0&edition=prelim), the term “urgent or emergency public health care need” means a health care need, as determined by the Secretary, arising as the result of— (A) a national emergency declared by the President under the National Emergencies Act ([50 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1601&num=0&edition=prelim) et seq.); (B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.); (C) a public health emergency declared by the Secretary under [section 247d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim); or (D) any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the Corps. **(b) Corps management for deployment** The Secretary shall— (1) organize members of the Corps into units for rapid deployment by the Secretary to respond to urgent or emergency public health care needs; (2) establish appropriate procedures for the command and control of units or individual members of the Corps that are deployed at the direction of the President or the Secretary in response to an urgent or emergency public health care need of national, State or local significance; (3) ensure that members of the Corps are trained, equipped and otherwise prepared to fulfill their public health and emergency response roles; and (4) ensure that deployment planning takes into account— (A) any deployment exemptions that may be granted by the Secretary based on the unique requirements of an agency and an individual’s functional role in such agency; and (B) the nature of the urgent or emergency public health care need. **(c) Deployment of detailed or assigned officers** For purposes of pay, allowances, and benefits of a Commissioned Corps officer who is detailed or assigned to a Federal entity, the deployment of such officer by the Secretary in response to an urgent or emergency public health care need shall be deemed to be an authorized activity of the Federal entity to which the officer is detailed or assigned.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. **(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 215 — Repealed. Sept. 1, 1954, ch. 1211, § 5, 68 Stat. 1130

### Statutory Notes Section, act July 31, 1953, ch. 296, title II, § 204, 67 Stat. 257, related to allowances for use of taxicabs, etc., around duty posts.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 215

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. **(b) Public Health Emergency Fund** (1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 209a, 209b — Appointment of personnel

**(a) Original appointments to Regular and Ready Reserve Corps; limitation on appointment and call to active duty** (1) Except as provided in subsections (b) and (e) of this section, original appointments to the Regular Corps may be made only in the warrant officer (W–1), chief warrant officer (W–2), chief warrant officer (W–3), chief warrant officer (W–4), junior assistant, assistant, and senior assistant grades and original appointments to a grade above junior assistant shall be made only after passage of an examination, given in accordance with regulations of the President, in one or more of the several branches of medicine, dentistry, hygiene, sanitary engineering, pharmacy, psychology, nursing, or related scientific specialties in the field of public health. (2) Original appointments to the Ready Reserve Corps may be made to any grade up to and including the director grade but only after passage of an examination given in accordance with regulations of the President. Reserve commissions shall be for an indefinite period and may be terminated at any time, as the President may direct. (3) No individual who has attained the age of forty-four shall be appointed to the Regular Corps, or called to active duty in the Ready Reserve Corps for a period in excess of one year, unless (A) he has had a number of years of active service (as defined in [section 212(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section212/d&num=0&edition=prelim)) equal to the number of years by which his age exceeds forty-four, or (B) the Surgeon General determines that he possesses exceptional qualifications, not readily available elsewhere in the Commissioned Corps of the Public Health Service, for the performance of special duties with the Service, or

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 209a, 209b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6 to 15a — Repealed. July 1, 1944, ch. 373, title XIII, § 1313, 58 Stat. 714

### Statutory Notes Section 6, acts July 1, 1902, ch. 1370, § 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided for care of sick and disabled seamen. See [section 249 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim). Section 6a, act Mar. 31, 1936, ch. 161, 49 Stat. 1185, provided for care of seamen on Government vessels not in Military or Naval Establishments and of cadets on State school ships. See [section 249 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim). Section 7, act Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided for investigations by Service into diseases, etc., and publications relating thereto. See [section 241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section241&num=0&edition=prelim). Section 8, acts July 1, 1902, ch. 1370, § 4, 32 Stat. 713; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, provided for use of Service in time of war. See [section 217 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section217&num=0&edition=prelim). Section 8a, act Apr. 9, 1930, ch. 125, § 2(a), 46 Stat. 150, provided for extension of facilities of Service to health officials and scientists. See [section 241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section241&num=0&edition=prelim). Section 9, act Oct. 1, 1918, ch. 179, § 2, 40 Stat. 1008, provided for suppression of Spanish influenza and other communicable diseases. See [section 264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section264&num=0&edition=prelim). Section 9a, act Apr. 9, 1930, ch. 125, § 3, 46 Stat

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6 to 15a

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Federal law — U.S. Code and appendices · legal_authorities

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 t

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 205

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

Page 6354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121 Sec. 5165g. National veterinary emergency teams. SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. 5170c. Hazard mitigation. 5171. Federal facilities. 5172. Repair, restoration, and replacement of dam- aged facilities. 5173. Debris removal. 5174. Federal assistance to individuals and house- holds. 5174a. Flexibility. 5174b. Critical document fee waiver. 5175, 5176. Repealed. 5177. Unemployment assistance. 5177a. Emergency grants to assist low-income mi- grant and seasonal farmworkers. 5178. Repealed. 5179. Benefits and distribution. 5180. Food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. 5188. Timber sale contracts. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. 5189b. Date of eligibility; expenses incurred before date of disaster. 5189c. Transportation assistance to individuals and households. 5189d. Case management services. 5189e. Essential service providers. 5189f. Public assistance program alternative proce- dures. 5189g. Unified Federal review. 5189h. Agency accountability. SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. 5192. Federal emergency assistance. 5193. Amount of assistance. SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. PART A—POWERS AND DUTIES

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emer-

Page 143 TITLE 50—WAR AND NATIONAL DEFENSE § 1601 nent involvement in hostilities is clearly indi- cated by the circumstances, against any coun- try, organization, or person pursuant to statu- tory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting re- quirements under— (1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force; (2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and (3) any other applicable provision of law. (e) Briefings At least once during each 180-day period de- scribed in subsection (a), the President shall provide to the congressional defense commit- tees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period. (Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20, 2019, 133 Stat. 1709.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. The War Powers Resolution, referred to in subsec. (d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to this chapter. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of this title and Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSI

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1601

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