42 U.S.C. § 204a — Deployment readiness

Page 59 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 204a You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 204a. Deployment readiness (a) Readiness requirements for Commissioned Corps officers (1) In general The Secretary, with respect to members of the following Corps components, shall estab- lish requirements, including training and med- ical examinations, to ensure the readiness of such components to respond to urgent or emergency public health care needs that can- not 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 estab- lished under paragraph (1) or who fails to com- ply with orders to respond to an urgent or emergency public health care need shall, ex- cept as provided in paragraph (4), in accord- ance with procedures established by the Sec- retary, 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 para- graph (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 regula- tions under which a waiver described in sub- paragraph (A) may be granted. (5) Urgent or emergency public health care need For purposes of this section and section 215 of this title, 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 et seq.); (B) an emergency or major disaster de- clared by the President under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.); (C) a public health emergency declared by the Secretary under section 247d of this title; or (D) any emergency that, in the judgment of the Secretary, is appropriate for the de- ployment 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 re- spond 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 re- sponse 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 in- dividual’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 de- tailed or assigned. (July 1, 1944, ch. 373, title II, § 203A, as added Pub. L. 109–417, title II, § 206(b), Dec. 19, 2006, 120 Stat. 2851; amended Pub. L. 116–136, div. A, title III, § 3214(b), Mar. 27, 2020, 134 Stat. 373.) Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (a)(5)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Ta- bles. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (a)(5)(B), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. AMENDMENTS 2020—Subsec. (a)(1)(B). Pub. L. 116–136 substituted ‘‘Ready Reserve Corps’’ for ‘‘Active Reserves’’. Statutory Notes and Related Subsidiaries PURPOSE Pub. L. 109–417, title II, § 206(a), Dec. 19, 2006, 120 Stat. 2851, provided that: ‘‘It is the purpose of this section [enacting this section and amending sections 215 and 254d of this title] to improve the force management and readiness of the Commissioned Corps to accomplish the following objectives: ‘‘(1) To ensure the Corps is ready to respond rapidly to urgent or emergency public health care needs and challenges. 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).