Delegation of Authority to Appoint Commissioned

This memorandum delegates the President's authority under section 203 of the Public Health Service Act (as amended by the Affordable Care Act, Public Law 111-148) to the Secretary of Health and Human Services to appoint commissioned officers of the Ready Reserve Corps. The delegation is narrowly limited to two specific groups: individuals who received employment offers for the Reserve Corps with appointment dates after March 23, 2010 but were not on active duty, and participants in the 2010 Commissioned Officer Student Training and Extern Program. The authority cannot be re-delegated.

Federal Register Open PDF 75 FR 32245

Key directives

Assign to Secretary of HHS the President's functions under section 203 of Public Health Service Act to appoint commissioned officers of Ready Reserve Corps

Limit exercise to individuals with employment offers dated after March 23, 2010 who were not on active duty

Limit exercise to 2010 Commissioned Officer Student Training and Extern Program selectees

Prohibit re-delegation of this authority

Direct publication in Federal Register

Timeline

Immediate

Delegation of presidential appointment authority to HHS Secretary takes effect

Near term (90d)

HHS Secretary may begin appointing eligible Ready Reserve Corps officers
Federal Register publication required

Long term

Potential expansion of Public Health Service Reserve Corps capacity under ACA provisions