
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC217]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                         Part A--Administration
 
Sec. 217. Use of Service in time of war or emergency

    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.

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

                       References in Text

    The Uniform Code of Military Justice, referred to in text, is 
classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed Forces.


                               Amendments

    1956--Act Apr. 27, 1956, empowered President to declare commissioned 
corps of the Service to be a military service in time of emergency 
involving national defense, and substituted ``the Uniform Code of 
Military Justice'' for ``the Articles of War and to the Articles for the 
Government of the Navy''.


                 Repeal of Prior Acts Continuing Section

    Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, 
repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by 
Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, 
ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, 
which continued provisions until July 3, 1952. This repeal shall take 
effect as of June 16, 1952, by section 7 of said Joint Res. July 3, 
1952.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service transferred 
to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 
1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.

                        Executive Order No. 9575

    Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which declared 
the Commissioned Corps of the Public Health Service to be a military 
service subject to the Articles for the Government of the Navy as 
therein prescribed, was superseded by Ex. Ord. No. 10349, eff. Apr. 28, 
1952, 17 F.R. 3769.

                        Executive Order No. 10349

    Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, superseded Ex. 
Ord. No. 9575, and subjected the Commissioned Corps of the Public Health 
Service to the provisions of the Uniform Code of Military Justice until 
June 1, 1952.

                        Executive Order No. 10356

    Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex. 
Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952, the 
period during which the Commissioned Corps of the Public Health Service 
was subject to the provisions of the Uniform Code of Military justice.

                        Executive Order No. 10362

    Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex. 
Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952, the 
period during which the Commissioned Corps of the Public Health Service 
was subject to the Uniform Code of Military Justice.

                        Executive Order No. 10367

    Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex. 
Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952, the 
period during which the Commissioned Corps of the Public Health Service 
was subject to the Uniform Code of Military Justice.


                            Cross References

    Personnel of Public Health Service serving with armed forces as 
subject to Uniform Code of Military Justice, see section 802 of Title 
10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in section 254d of this title.
