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42 U.S.C. § 217Use of Service in time of war or emergency

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

During a war or declared emergency, the President can use the Service in the public interest. The President can also declare the Service's commissioned corps a military branch by executive order. Once declared, the corps joins the armed forces and follows military justice rules.

This is one undivided provision with three unlabeled parts. In time of war, or of an emergency the President proclaims, the President can use the Service to whatever extent and in whatever way will, in the President's judgment, promote the public interest. In time of war, or of an emergency involving national defense that the President proclaims, the President can also issue an executive order declaring the Service's commissioned corps to be a military service. Once that declaration is made, and for as long as the war or emergency (or whatever part of it the President specifies) lasts, the commissioned corps (a) becomes a branch of the United States' land and naval forces; (b) becomes subject to the Uniform Code of Military Justice, to whatever extent the President's regulations prescribe; and (c) keeps operating as part of the Service, except to whatever extent the President, as Commander in Chief, directs otherwise.
the actual law source: uscode.house.gov ↗public domain

In time of war, or of emergency proclaimed by the President, he may utilize the Service to such extent and in such manner as shall in his judgment promote the public interest. In time of war, or of emergency involving the national defense proclaimed by the President, he may by Executive order declare the commissioned corps of the Service to be a military service. Upon such declaration, and during the period of such war or such emergency or such part thereof as the President shall prescribe, the commissioned corps (a) shall constitute a branch of the land and naval forces of the United States, (b) shall, to the extent prescribed by regulations of the President, be subject to the Uniform Code of Military Justice [10 U.S.C. 801 et seq.], and (c) shall continue to operate as part of the Service except to the extent that the President may direct as Commander in Chief.

Source credit: (July 1, 1944, ch. 373, title II, § 216, 58 Stat. 690; Apr. 27, 1956, ch. 211, § 1, 70 Stat. 116.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 690
  • 1956Amended · Act of Apr. 27, 1956, ch. 211 · 70 Stat. 116

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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