42 U.S.C. § 204 — Commissioned Corps and Ready Reserve

Page 57 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 204 search Institutes in agency, and Office of Surgeon Gen- eral abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all func- tions thereof transferred to Secretary of Health, Edu- cation, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Of- fice of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of De- partment of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare, and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 204. Commissioned Corps and Ready Reserve Corps (a) Establishment (1) In general There shall be in the Service a commis- sioned Regular Corps and, for service in time of a public health or national emergency, a Ready Reserve Corps. (2) Requirement All commissioned officers shall be citizens of the United States and shall be appointed with- out regard to the civil-service laws and com- pensated without regard to the Classification Act of 1923, as amended. (3) Appointment Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President. (4) Active duty Commissioned officers of the Ready Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training. (5) Warrant officers Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer ap- pointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the Commis- sioned Corps of the Service. (b) Assimilating Reserve Corps officers into the Regular Corps Effective on March 23, 2010, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before March 23, 2010) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps. (c) Purpose and use of Ready Reserve Corps (1) Purpose The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commis- sioned Corps personnel available on short no- tice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions dur- ing public health or national emergencies. (2) Uses The Ready Reserve Corps shall, consistent with paragraph (1)— (A) participate in routine training to meet the general and specific needs of the Com- missioned Corps; (B) be available and ready for involuntary calls to active duty during national emer- gencies and public health crises, similar to the uniformed service reserve personnel; (C) be available for backfilling critical po- sitions left vacant during deployment of ac- tive duty Commissioned Corps members dur- ing such emergencies, as well as for deploy- ment to respond to public health emer- gencies, both foreign and domestic; and (D) be available for service assignment in isolated, hardship, and medically under- served communities (as defined in section 295p of this title) to improve access to health services, consistent with subparagraph (C). (3) Statutory references to reserve A reference in any Federal statute, except in the case of subsection (b), to the ‘‘Reserve Corps’’ of the Public Health Service or to the ‘‘reserve’’ of the Public Health Service shall be deemed to be a reference to the Ready Reserve Corps. (d) Funding For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be ap- propriated $5,000,000 for each of fiscal years 2010 through 2014 for recruitment and training and $12,500,000 for each of fiscal years 2010 through 2014 for the Ready Reserve Corps. (July 1, 1944, ch. 373, title II, § 203, 58 Stat. 683; Feb. 28, 1948, ch. 83, § 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 96–76, title III, § 302(a), Sept. 29, 1979, 93 Stat. 584; Pub. L. 111–148, title V, § 5210, Mar. 23, 2010, 124 Stat. 614; Pub. L. 112–166, § 2(ff)(1), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–136, div. A, title III, § 3214(a), Mar. 27, 2020, 134 Stat. 372.) Editorial Notes REFERENCES IN TEXT The Classification Act of 1923, as amended, referred to in subsec. (a)(2), is act Mar. 4, 1923, ch. 265, 42 Stat. 1488, which was classified to section 661 et seq. of former Title 5, Executive Departments and Government Offi- cers and Employees, and was repealed by act Oct. 28, 1949, ch. 782, title XII, § 1202, 63 Stat. 972. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–136, § 3214(a)(1), sub- stituted ‘‘, for service in time of a public health or na- tional emergency, a Ready Reserve Corps’’ for ‘‘a Ready Reserve Corps for service in time of national emergency’’. Subsec. (c). Pub. L. 116–136, § 3214(a)(2)(A), substituted ‘‘Reserve Corps’’ for ‘‘Research’’ in heading. Subsec. (c)(1). Pub. L. 116–136, § 3214(a)(2)(B), inserted ‘‘during public health or national emergencies’’ before period at end. Subsec. (c)(2). Pub. L. 116–136, § 3214(a)(2)(C)(i), in- serted ‘‘, consistent with paragraph (1)’’ after ‘‘shall’’ in introductory provisions. Page 58 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 204 Subsec. (c)(2)(C). Pub. L. 116–136, § 3214(a)(2)(C)(ii), in- serted ‘‘during such emergencies’’ after ‘‘members’’. Subsec. (c)(2)(D). Pub. L. 116–136, § 3214(a)(2)(C)(iii), in- serted ‘‘, consistent with subparagraph (C)’’ before pe- riod at end. Subsec. (c)(3). Pub. L. 116–136, § 3214(a)(2)(D), added par. (3). 2012—Subsec. (a)(3). Pub. L. 112–166 struck out ‘‘with the advice and consent of the Senate’’ before period at end. 2010—Pub. L. 111–148 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘There shall be in the Service a commis- sioned Regular Corps and, for the purpose of securing a reserve for duty in the Service in time of national emergency, a Reserve Corps. All commissioned officers shall be citizens and shall be appointed without regard to the civil-service laws and compensated without re- gard to chapter 51 and subchapter III of chapter 53 of title 5. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Com- missioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of train- ing and active duty for the purpose of determining their fitness for appointment in the Regular Corps. Warrant officers may be appointed to the Service for the purpose of providing support to the health and de- livery systems maintained by the Service and any war- rant officer appointed to the Service shall be consid- ered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service.’’ 1979—Pub. L. 96–76 inserted provisions relating to ap- pointment and status of warrant officers. 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. 1948—Act Feb. 28, 1948, struck out provision that all active service in Reserve Corps, as well as service in Regular Corps, shall be credited for purpose of pro- motion in Regular Corps. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference in any Federal statute, except in the case of subsec. (b) of this section, to ‘‘Reserve Corps’’ of the Public Health Service or to the ‘‘reserve’’ of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see subsec. (c)(3) of this section. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. REPEALS Act Oct. 28, 1949, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. REPORTS Pub. L. 111–148, title V, § 5701, Mar. 23, 2010, 124 Stat. 684, provided that: ‘‘(a) REPORTS BY SECRETARY OF HEALTH AND HUMAN SERVICES.—On an annual basis, the Secretary of Health and Human Services shall submit to the appropriate Committees of Congress a report on the activities car- ried out under the amendments made by this title [see Tables for classification], and the effectiveness of such activities. ‘‘(b) REPORTS BY RECIPIENTS OF FUNDS.—The Sec- retary of Health and Human Services may require, as a condition of receiving funds under the amendments made by this title, that the entity receiving such award submit to such Secretary such reports as the such Sec- retary may require on activities carried out with such award, and the effectiveness of such activities.’’ OSTEOPATHS AS RESERVE OFFICERS Section 709 of act July 1, 1944, formerly § 609, renum- bered § 709 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, which provided for appointment of osteopaths as re- serve officers until six months after World War II, was repealed by Joint Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449. Executive Documents DELEGATION OF AUTHORITY TO APPOINT COMMISSIONED OFFICERS OF THE READY RESERVE CORPS OF THE PUB- LIC HEALTH SERVICE Memorandum of President of the United States, June 1, 2010, 75 F.R. 32245, provided: Memorandum for the Secretary of Health and Human Services By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 203 of the Public Health Service Act, as amended by Public Law 111–148, to appoint commis- sioned officers of the Ready Reserve Corps. The exer- cise of this authority is limited to appointments of in- dividuals who were extended offers of employment for appointment and call to active duty in the Reserve Corps of the Public Health Service with an appoint- ment date subsequent to March 23, 2010, the date of en- actment of Public Law 111–148, but who were not on ac- tive duty on that date, and those individuals who are selected for the 2010 Commissioned Officer Student Training and Extern Program. This authority may not be re-delegated. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. Memorandum of President of the United States, May 31, 2011, 76 F.R. 33117, which delegated functions of the President under section 203 of the Public Health Serv- ice Act to the Secretary of Health and Human Services, was revoked by Memorandum of President of the United States, Mar. 29, 2013, 78 F.R. 20225, set out below. Memorandum of President of the United States, Mar. 29, 2013, 78 F.R. 20225, provided: Memorandum for the Secretary of Health and Human Services By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 203 of the Public Health Service Act, as amended by Public Law 111–148, to appoint commis- sioned officers of the Ready Reserve Corps of the Public Health Service. Commissions issued under this delega- tion of authority may not be for a term longer than 6 months except for commissions that place officers in the Centers for Disease Control and Prevention’s Epide- miological Intelligence Service, the Senior Commis- sioned Officer Student Training and Extern Program, the Indian Health Service Pharmacy Residency Pro- gram, the Indian Health Service Health Professions Scholarship Program, or the National Health Service Corps Scholarship Program, which may not be for a term longer than 2 years. Officers appointed pursuant to this delegation may not be appointed to the Ready Reserve Corps of the Public Health Service for a term greater than those outlined in this memorandum other than by the President. This authority may not be re- delegated. My memorandum of May 31, 2011 (Delegation of Au- thority to Appoint Commissioned Officers of the Ready Reserve Corps of the Public Health Service), is hereby revoked. 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.