42 U.S.C. § 217

Use of Service in time of war or emergency

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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.

Notes of Decisions

Cited in 10 cases, 1950–2017 · leading case: Dr. Alfred Milbert v. Dr. C. Everett Koop, U.S. Surgeon Gen., 830 F.2d 354 (D.C. Cir. 1987).

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Dr. Alfred Milbert v. Dr. C. Everett Koop, U.S. Surgeon Gen., 830 F.2d 354 (D.C. Cir. 1987). · cites it 2× “42 U.S.C. § 217 . (5) Officers of the PHS are not subject to the Code of Military Justice unless the President so declares pursuant to the provisions of 42 U.”

Castaneda Ex Rel. Est. of Castaneda v. United States, 546 F.3d 682 (9th Cir. 2008). “42 U.S.C. § 217 . 4 . In 2008, an estimated 1250 men in the United States will develop penile cancer and 290 men will die of it.”

Waller v. United States, 180 F.2d 194 (D.C. Cir. 1950). · cites it 3× “On June 21, 1945, by Executive Order 9575, 42 U.S.C.A. § 217 note, the President incorporated the Service into the Armed Forces of the United States effective July 29, 1945, pursuant to authority contained in Section 216 of the Public Health Service Act, 58 Stat.”

Middlebrooks v. Leavitt, 525 F.3d 341 (4th Cir. 2008). “§ 202 (2000), the PHSCC is an agency in HHS rather than a military department, that PHSCC officers are free to unilaterally terminate their status in the PHSCC, and that PHSCC officers are not subject to the Code of Military Justice unless the President so declares, pursuant to…”

Michael J. Salazar v. Margaret M. Heckler, Sec'y of Health & Human Servs., 787 F.2d 527 (10th Cir. 1986). “42 U.S.C. § 217 (1982). 7. Part III of Title 5, United States Code, dealing generally with employees' of the federal government, defines the “civil service” and the “competitive service” to except positions in the uniformed services, including PHS.”

Diaz-Romero v. Mukasey, 514 F.3d 115 (1st Cir. 2008). “§ 213a(a), and PHS regulations specify that failure to follow the orders of superior officers will result in disciplinary action. Commissioned Corps Personnel Manual, Chapter CC46, Subchapter CC46.”

Carlson v. United States Dept. of Health & Human Servs., 879 F. Supp. 545 (D. Maryland 1995). “(3) Commissioned officers of the PHS are free to quit on their own unless the PHS has been declared a military service during national emergency or war.”

United States v. Braud, 11 C.M.A. 192 (1960). · cites it 2× “To support his argument, it is pointed out by defense counsel that whereas the commissioned corps of the Public Health Service may become part of the armed forces upon proclamation by Executive Order in time of emergency or war ( 42 USC § 217 ), such is not now, nor was it the…”

Hammack v. N.M. Taxation & Revenue Dep't (N.M. Ct. App. 2017). “See 42 U.S.C. § 217 (2012). Commissioned officers 4 of the USPHS can be detailed for duty with other government departments including 5 the armed forces.”

Castaneda v. Henneford (9th Cir. 2008). “42 U.S.C. § 217 . 4 In 2008, an estimated 1250 men in the United States will develop penile cancer and 290 men will die of it.”

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