10 U.S.C. 801In 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 [ 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. 37358 Stat. 690Apr. 27, 1956, ch. 211, § 170 Stat. 116(, title II, § 216, ; , .)
Editorial Notes
References in Text
The Uniform Code of Military Justice, referred to in text, is classified to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
Amendments
1956—Act , 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”.
Statutory Notes and Related Subsidiaries
Change of Name
section 509(b) of Pub. L. 96–88section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.
Repeal of Prior Acts Continuing Section
July 3, 1952, ch. 57066 Stat. 334Apr. 14, 1952, ch. 20466 Stat. 54May 28, 1952, ch. 33966 Stat. 96June 14, 1952, ch. 43766 Stat. 137June 30, 1952, ch. 52666 Stat. 296Section 6 of Joint Res. , , repealed Joint Res. , as amended by Joint Res. , ; Joint Res. , ; Joint Res. , , which continued provisions until . This repeal shall take effect as of , by section 7 of said Joint Res. .
Executive Documents
Transfer of Functions
80 Stat. 1610section 202 of this titleFunctions 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. , 31 F.R. 8855, , set out as a note under .
Executive Order No. 9575
Ex. Ord. No. 9575, eff. , 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. , 17 F.R. 3769.
Executive Order No. 10349
Ex. Ord. No. 10349, eff. , 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 .
Executive Order No. 10356
Ex. Ord. No. 10356, eff. , 17 F.R. 4967, amended Ex. Ord. No. 10349, and extended from , to , 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. , 17 F.R. 5413, amended Ex. Ord. No. 10356, and extended from , to , 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. , 17 F.R. 5929, amended Ex. Ord. No. 10362, and extended from , to , the period during which the Commissioned Corps of the Public Health Service was subject to the Uniform Code of Military Justice.