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42 U.S.C. § 204aDeployment readiness

submitted 82 years ago by Pub. L. 109-417 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 572 words · no verdicts yet

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The Secretary must set readiness rules — training and medical exams — for Commissioned Corps and Ready Reserve members. Members who fail these rules face discipline, unless the Secretary grants a waiver. The Secretary also organizes deployments to urgent public health emergencies.

(a) Readiness requirements for Commissioned Corps officers (1) The Secretary must set readiness requirements — including training and medical exams — for members of the active-duty Regular Corps and the Ready Reserve Corps. The goal is making sure these members are ready to respond to urgent or emergency public health needs that state, local, and other federal resources can't handle alone. (2) Each year, the Secretary must check whether every Corps member meets these readiness requirements. (3) A member who fails to meet or keep up these readiness requirements, or who disobeys an order to respond to an urgent public health need, faces discipline set by the Secretary — unless a waiver applies under paragraph (4). (4) The Secretary can waive one or more readiness requirements for a member who can't meet them because of a disability, a temporary medical condition, or another extraordinary limit the Secretary recognizes. The Secretary must write regulations explaining how such waivers can be granted. (5) For this section (and for section 215 of this title), "urgent or emergency public health care need" means a health need the Secretary identifies, arising from: a national emergency the President declares under the National Emergencies Act; an emergency or major disaster the President declares under the Stafford Act; a public health emergency the Secretary declares under section 247d of this title; or any other emergency the Secretary judges appropriate for deploying Corps members. (b) Corps management for deployment The Secretary must: organize Corps members into units that can deploy quickly to respond to urgent public health needs; set up procedures for commanding and controlling deployed units or individual Corps members when the President or Secretary sends them to respond to a national, state, or local public health need; make sure Corps members are trained, equipped, and otherwise ready for their public health and emergency roles; and make sure deployment planning accounts for any deployment exemptions the Secretary grants based on an agency's special needs or a person's role there, as well as the nature of the public health need itself. (c) Deployment of detailed or assigned officers If a Commissioned Corps officer is on loan (detailed or assigned) to a federal agency and the Secretary deploys that officer to respond to an urgent public health need, that deployment counts — for purposes of the officer's pay, allowances, and benefits — as an authorized activity of the agency the officer is loaned to.
the actual law source: uscode.house.gov ↗public domain
(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, 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 109-417 · 120 Stat. 2851
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 373

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-417 on 1944-07-01.

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