§ 204. Commissioned Corps and Ready Reserve Corps

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   Pub. L. 78–373 · 58 Stat. 682

   Enacted · 42 U.S.C. § 204

   July 1, 1944, ch. 373, title II, § 203, 58 Stat. 683

   Source evidence

   Code source credit
   July 1, 1944, ch. 373, title II, § 203, 58 Stat. 683

2. 1979

   Public Health Service Administrative Amendments of 1979

   Pub. L. 96–76 title III § 302(a) · 93 Stat. 579

   Inserted · 42 U.S.C. § 204

   Pub. L. 96–76 inserted provisions relating to appointment and status of warrant officers

   Source evidence

   Code amendment note
   Pub. L. 96–76 inserted provisions relating to appointment and status of warrant officers.

   Enacted provision · exact public law section
   (a) Section 203 (42 U.S.C. 204) is amended by adding at the end thereof the following new sentence: “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 appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the commissioned corps of the Service.”.

3. 2010

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 title V § 5210 · 124 Stat. 119

   1. Inserted · 42 U.S.C. § 204

      Pub. L. 111–148 inserted section catchline

   2. Amended · 42 U.S.C. § 204

      Pub. L. 111–148 amended text generally. Prior to amendment, text read as follows: “There shall be in the Service a commissioned 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 regard 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. Commissioned 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 training 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 delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service.”

   Source evidence

   Code amendment note
   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 commissioned 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 regard 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. Commissioned 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 training 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 delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service.”

   Enacted provision · exact public law section
   SEC. 5210. ESTABLISHING A READY RESERVE CORPS.   Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended to read as follows: “SEC. 203. COMMISSIONED CORPS AND READY RESERVE CORPS. “(a) Establishment.— “(1) In general.— There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency. “(2) Requirement.— All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended. “(3) Appointment.— Commissioned President. 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 with the advice and consent of the Senate. “(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 appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the Commissioned Corps of the Service. “(b) Assimilating Reserve Corp Officers Into the Regular Corps.— Effective Effective date. on the date of enactment of the Patient Protection and Affordable Care Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed on the day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps. “(c) Purpose and Use of Ready Research.— “(1) Purpose.— The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions. “(2) Uses.— The Ready Reserve Corps shall— “(A) participate in routine training to meet the general and specific needs of the Commissioned Corps; “(B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel; “(C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and “(D) be available for service assignment in isolated, hardship, and medically underserved communities (as defined in section 799B) to improve access to health services. “(d) Funding.— For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated $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.” .

4. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2(ff)(1) · 126 Stat. 1283

   Struck · 42 U.S.C. § 204(a)(3)

   Pub. L. 112–166 struck out “with the advice and consent of the Senate” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 112–166 struck out “with the advice and consent of the Senate” before period at end.

   Enacted provision · exact public law section
   (1) Appointment.— Section 203(a)(3) of the Public Health Service Act (42 U.S.C. 204(a)(3)) is amended by striking “with the advice and consent of the Senate”.

   Effective date note
   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.

5. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3214(a)(1) · 134 Stat. 281

   Substituted · 42 U.S.C. § 204(a)(1)

   Pub. L. 116–136, § 3214(a)(1), substituted “, for service in time of a public health or national emergency, a Ready Reserve Corps” for “a Ready Reserve Corps for service in time of national emergency”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–136, § 3214(a)(1), substituted “, for service in time of a public health or national emergency, a Ready Reserve Corps” for “a Ready Reserve Corps for service in time of national emergency”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “a Ready Reserve Corps for service in time of national emergency” and inserting “, for service in time of a public health or national emergency, a Ready Reserve Corps”; and

6. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3214(a)(2)(A) · 134 Stat. 281

   Substituted · 42 U.S.C. § 204(c)

   Pub. L. 116–136, § 3214(a)(2)(A), substituted “Reserve Corps” for “Research” in heading

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–136, § 3214(a)(2)(A), substituted “Reserve Corps” for “Research” in heading.

   Enacted provision · exact public law section
   (A) in the heading, by striking “Research” and inserting “Reserve Corps”;

7. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3214(a)(2)(B) · 134 Stat. 281

   Inserted · 42 U.S.C. § 204(c)(1)

   Pub. L. 116–136, § 3214(a)(2)(B), inserted “during public health or national emergencies” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 116–136, § 3214(a)(2)(B), inserted “during public health or national emergencies” before period at end.

   Enacted provision · exact public law section
   (B) in paragraph (1), by inserting “during public health or national emergencies” before the period;

8. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3214(a)(2)(C)(i) · 134 Stat. 281

   Inserted · 42 U.S.C. § 204(c)(2)

   Pub. L. 116–136, § 3214(a)(2)(C)(i), inserted “, consistent with paragraph (1)” after “shall” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 116–136, § 3214(a)(2)(C)(i), inserted “, consistent with paragraph (1)” after “shall” in introductory provisions.

   Enacted provision · exact public law section
   (i) in the matter preceding subparagraph (A), by inserting “, consistent with paragraph (1)” after “shall”;

9. 2020

   Coronavirus Aid, Relief, and Economic Security Act

   Pub. L. 116–136 § 3214(a)(2)(C)(ii) · 134 Stat. 281

   Inserted · 42 U.S.C. § 204(c)(2)(C)

   Pub. L. 116–136, § 3214(a)(2)(C)(ii), inserted “during such emergencies” after “members”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 116–136, § 3214(a)(2)(C)(ii), inserted “during such emergencies” after “members”.

   Enacted provision · exact public law section
   (ii) in subparagraph (C), by inserting “during such emergencies” after “members”; and

10. 2020

    Coronavirus Aid, Relief, and Economic Security Act

    Pub. L. 116–136 § 3214(a)(2)(C)(iii) · 134 Stat. 281

    Inserted · 42 U.S.C. § 204(c)(2)(D)

    Pub. L. 116–136, § 3214(a)(2)(C)(iii), inserted “, consistent with subparagraph (C)” before period at end

    Source evidence

    Code amendment note
    Subsec. (c)(2)(D). Pub. L. 116–136, § 3214(a)(2)(C)(iii), inserted “, consistent with subparagraph (C)” before period at end.

    Enacted provision · exact public law section
    (iii) in subparagraph (D), by inserting “, consistent with subparagraph (C)” before the period; and

11. 2020

    Coronavirus Aid, Relief, and Economic Security Act

    Pub. L. 116–136 § 3214(a)(2)(D) · 134 Stat. 281

    Added · 42 U.S.C. § 204(c)(3)

    Pub. L. 116–136, § 3214(a)(2)(D), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 116–136, § 3214(a)(2)(D), added par. (3).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(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.” .

11 of 12 references resolved to an enrolled provision · 1 partial