(a) Readiness requirements for Commissioned Corps officers(1) In generalThe 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 membersThe Secretary shall annually determine whether each member of the Corps meets the applicable readiness requirements established under paragraph (1).
(3) Failure to meet requirementsA 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 generalThe 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) RegulationsThe Secretary shall promulgate regulations under which a waiver described in subparagraph (A) may be granted.
(5) Urgent or emergency public health care needFor 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 declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance 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 deployment of members of the Corps.
(b) Corps management for deploymentThe 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 officersFor 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.
Structure US Code
Title 42— THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A— PUBLIC HEALTH SERVICE
SUBCHAPTER I— ADMINISTRATION AND MISCELLANEOUS PROVISIONS
§ 202. Administration and supervision of Service
§ 203. Organization of Service
§ 204. Commissioned Corps and Ready Reserve Corps
§ 205. Appointment and tenure of office of Surgeon General; reversion in rank
§ 207. Grades, ranks, and titles of commissioned corps
§ 209. Appointment of personnel
§ 209d. Appointment of osteopaths as commissioned officers
§ 210–1. Annual and sick leave
§ 210b. Professional categories
§ 211. Promotion of commissioned officers
§ 211c. Promotion credit for medical officers in assistant grade
§ 212. Retirement of commissioned officers
§ 214. Presentation of United States flag upon retirement
§ 215. Detail of Service personnel
§ 217. Use of Service in time of war or emergency
§ 217a. Advisory councils or committees
§ 217a–1. Advisory committees; prohibition of consideration of political affiliations
§ 218. National Advisory Councils on Migrant Health
§ 231. Service and supply fund; uses; reimbursement
§ 232. National Institute of Mental Health; authorization of appropriation; construction; location
§ 233. Civil actions or proceedings against commissioned officers or employees
§ 234. Health care professionals assisting during a public health emergency
§ 235. Administration of grants in multigrant projects; promulgation of regulations
§ 237. Silvio O. Conte Senior Biomedical Research and Biomedical Product Assessment Service