42 USC 300hh-11 - National Disaster Medical System

U.S Code last checked for updates: Nov 22, 2024

§ 300hh–11.

National Disaster Medical System

(a)

National Disaster Medical System

(1)

In general

(2)

Federal and State collaborative System

(A)

In general

(B)

Participating Federal agencies

(3)

Purpose of System

(A)

In general

The Secretary may activate the National Disaster Medical System to—

(i)

provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency, including at-risk individuals as applicable (whether or not determined to be a public health emergency under section 247d of this title); or

(ii)

be present at locations, and for limited periods of time, specified by the Secretary on the basis that the Secretary has determined that a location is at risk of a public health emergency during the time specified, or there is a significant potential for a public health emergency.

(B)

Ongoing activities

(C)

Considerations for at-risk populations

(D)

Administration

(E)

Test for mobilization of System

(b)

Modifications

(1)

In general

(2)

Joint review and medical surge capacity strategic plan

(A)

Review

Not later than 180 days after June 24, 2019, the Secretary, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Veterans Affairs, shall conduct a joint review of the National Disaster Medical System. Such review shall include—

(i)

an evaluation of medical surge capacity, as described in section 300hh–2(a) of this title;

(ii)

an assessment of the available workforce of the intermittent disaster response personnel described in subsection (c);

(iii)

the capacity of the workforce described in clause (ii) to respond to all hazards, including capacity to simultaneously respond to multiple public health emergencies and the capacity to respond to a nationwide public health emergency;

(iv)

the effectiveness of efforts to recruit, retain, and train such workforce; and

(v)

gaps that may exist in such workforce and recommendations for addressing such gaps.

(B)

Updates

(3)

Participation agreements for non-Federal entities

In carrying out paragraph (1), the Secretary shall establish criteria regarding the participation of States and private entities in the National Disaster Medical System, including criteria regarding agreements for such participation. The criteria shall include the following:

(A)

Provisions relating to the custody and use of Federal personal property by such entities, which may in the discretion of the Secretary include authorizing the custody and use of such property to respond to emergency situations for which the National Disaster Medical System has not been activated by the Secretary pursuant to subsection (a)(3)(A). Any such custody and use of Federal personal property shall be on a reimbursable basis.

(B)

Provisions relating to circumstances in which an individual or entity has agreements with both the National Disaster Medical System and another entity regarding the provision of emergency services by the individual. Such provisions shall address the issue of priorities among the agreements involved.

(c)

Intermittent disaster-response personnel

(1)

In general

(2)

Liability

(3)

Notification

Not later than 30 days after the date on which the Secretary determines the number of intermittent disaster-response personnel of the National Disaster Medical System is insufficient to address a public health emergency or potential public health emergency, the Secretary shall submit to the congressional committees of jurisdiction a notification detailing—

(A)

the impact such shortage could have on meeting public health needs and emergency medical personnel needs during a public health emergency; and

(B)

any identified measures to address such shortage.

(4)

Certain appointments

(A)

In general

(B)

Sunset

(5)

Omitted

(d)

Certain employment issues regarding intermittent appointments

(1)

Intermittent disaster-response appointee

(2)

Compensation for work injuries

(A)

In general

(B)

Application to training programs

(C)

Responsibility of Labor Secretary

(D)

Computation of pay

(E)

Continuation of pay

(3)

Employment and reemployment rights

(A)

In general

(B)

Notice of absence from position of employment

(4)

Limitation

(e)

Rule of construction regarding use of commissioned corps

(f)

Definition

(g)

Authorization of appropriations

(July 1, 1944, ch. 373, title XXVIII, § 2812, formerly § 2811, as added Pub. L. 107–188, title I, § 102(a), June 12, 2002, 116 Stat. 599; renumbered § 2812 and amended Pub. L. 109–417, title I, § 102(a)(2), (4), title III, § 301(a), Dec. 19, 2006, 120 Stat. 2832, 2834, 2853; Pub. L. 113–5, title I, § 104, Mar. 13, 2013, 127 Stat. 170; Pub. L. 114–113, div. H, title V, § 527, Dec. 18, 2015, 129 Stat. 2653; Pub. L. 116–22, title III, § 301(a), (d)(1), June 24, 2019, 133 Stat. 931, 933; Pub. L. 117–43, div. D, title I, § 3101, Sept. 30, 2021, 135 Stat. 379; Pub. L. 117–70, div. C, title I, § 2101, Dec. 3, 2021, 135 Stat. 1504; Pub. L. 117–86, div. B, title I, § 1101, Feb. 18, 2022, 136 Stat. 17; Pub. L. 117–103, div. P, title I, § 101, Mar. 15, 2022, 136 Stat. 789; Pub. L. 118–15, div. B, title III, § 2331, Sept. 30, 2023, 137 Stat. 95; Pub. L. 118–22, div. B, title II, § 203(e), Nov. 17, 2023, 137 Stat. 121; Pub. L. 118–35, div. B, title I, § 103(e), Jan. 19, 2024, 138 Stat. 5; Pub. L. 118–42, div. G, title I, § 103(e), Mar. 9, 2024, 138 Stat. 399.)

cite as: 42 USC 300hh-11