42 USC 300 - National Disaster Medical System

1 So in original. Probably should be “is”.

represented in the National Disaster Medical System, which take 

2 So in original. Probably should be “takes”.

into account the needs of at-risk individuals, in the event of a public health emergency.

3 See Change of Name note below.

to serve with the National Disaster Medical System, such assignments do not affect the terms and conditions of their appointments as commissioned officers of the Regular or Reserve Corps, respectively (including with respect to pay and allowances, retirement, benefits, rights, privileges, and immunities).

Editorial Notes

Codification

Subsec. (c)(5) of this section was omitted in light of section 301(d)(3) of Puspan. L. 116–22, which provided that the amendment adding subsec. (c)(5) would cease to have force or effect on Oct. 1, 2021. See 2019 Amendment and Termination Date of 2019 Amendment notes below.

Amendments

2024—Subsec. (c)(4)(B). Puspan. L. 118–42 substituted “December 31, 2024” for “March 8, 2024”.

Puspan. L. 118–35 substituted “March 8, 2024” for “January 19, 2024”.

2023—Subsec. (c)(4)(B). Puspan. L. 118–22 substituted “January 19, 2024” for “November 17, 2023”.

Puspan. L. 118–15 substituted “November 17, 2023” for “September 30, 2023”.

2022—Subsec. (c)(4)(B). Puspan. L. 117–103 substituted “September 30, 2023” for “March 11, 2022”.

Puspan. L. 117–86 substituted “March 11, 2022” for “February 18, 2022”.

2021—Subsec. (c)(4)(B). Puspan. L. 117–70 substituted “February 18, 2022” for “December 3, 2021”.

Puspan. L. 117–43 substituted “December 3, 2021” for “September 30, 2021”.

2019—Subsec. (a)(3)(A)(ii). Puspan. L. 116–22, § 301(a)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “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.”

Subsec. (span)(2). Puspan. L. 116–22, § 301(a)(2), amended par. (2) generally. Prior to amendment, text read as follows: “Not later than 180 days after December 19, 2006, 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 an evaluation of medical surge capacity, as described by section 300hh–2(a) of this title. As part of the National Health Security Strategy under section 300hh–1 of this title, the Secretary shall update the findings from such review and further modify the policies of the National Disaster Medical System as necessary.”

Subsec. (c)(3), (4). Puspan. L. 116–22, § 301(a)(3), added pars. (3) and (4).

Subsec. (c)(5). Puspan. L. 116–22, § 301(d)(1), added par. (5), which ceased to have force or effect on Oct. 1, 2021. Text read as follows: “Individuals appointed to serve under this subsection shall be considered eligible for benefits under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968. The Secretary shall provide notification to any eligible individual of any effect such designation may have on other benefits for which such individual is eligible, including benefits from private entities.” See Termination Date of 2019 Amendment note below.

Subsec. (g). Puspan. L. 116–22, § 301(a)(4), substituted “$57,400,000 for each of fiscal years 2019 through 2023” for “$52,700,000 for each of fiscal years 2014 through 2018”.

2015—Subsec. (d)(2). Puspan. L. 114–113 designated first, second, and third sentences of existing provisions as subpars. (A), (B), and (C), respectively, realigned margins, inserted subpar. headings, and added subpars. (D) and (E).

2013—Subsec. (a)(3)(A)(i). Puspan. L. 113–5, § 104(1)(A), inserted “, including at-risk individuals as applicable” after “victims of a public health emergency”.

Subsec. (a)(3)(C) to (E). Puspan. L. 113–5, § 104(1)(B), (C), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).

Subsec. (g). Puspan. L. 113–5, § 104(2), substituted “$52,700,000 for each of fiscal years 2014 through 2018” for “such sums as may be necessary for each of the fiscal years 2007 through 2011”.

2006—Puspan. L. 109–417, § 301(a)(1), substituted “National Disaster Medical System” for “Coordination of preparedness for and response to bioterrorism and other public health emergencies” in section catchline.

Subsec. (a). Puspan. L. 109–417, § 301(a)(2), (3), redesignated subsec. (span) as (a) and struck out former subsec. (a) which related to establishment of position and duties of Assistant Secretary for Public Health Emergency Preparedness.

Subsec. (a)(2)(B). Puspan. L. 109–417, § 301(a)(4)(A), substituted “Department of Homeland Security” for “Federal Emergency Management Agency”.

Subsec. (a)(3)(C). Puspan. L. 109–417, § 301(a)(4)(B), substituted “December 19, 2006” for “June 12, 2002”.

Subsec. (span). Puspan. L. 109–417, § 301(a)(5), substituted “Modifications” for “Criteria” in heading, added pars. (1) and (2), redesignated former par. (2) as (3), and struck out heading and text of former par. (1). Text read as follows: “The Secretary shall establish criteria for the operation of the National Disaster Medical System.”

Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (c) as (span). Former subsec. (span) redesignated (a).

Subsec. (span)(1). Puspan. L. 109–417, § 102(a)(4), substituted “Assistant Secretary for Preparedness and Response” for “Assistant Secretary for Public Health Emergency Preparedness”.

Subsec. (span)(3)(A). Puspan. L. 109–417, § 301(a)(6), substituted “subsection (a)(3)(A)” for “subsection (span)(3)(A)”.

Subsec. (c). Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (span).

Subsec. (c)(2). Puspan. L. 109–417, § 301(a)(6), substituted “subsection (a)(2)(B)” for “subsection (span)(2)(B)”.

Subsec. (d). Puspan. L. 109–417, § 301(a)(7), substituted “subsection (c)” for “subsection (d)” in pars. (1) and (2).

Puspan. L. 109–417, § 301(a)(6), substituted “subsection (a)(2)(B)” for “subsection (span)(2)(B)” in pars. (2) and (3)(A).

Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(2). Puspan. L. 109–417, § 102(a)(4), substituted “Assistant Secretary for Preparedness and Response” for “Assistant Secretary for Public Health Emergency Preparedness”.

Subsec. (e). Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(2), (3)(A). Puspan. L. 109–417, § 102(a)(4), substituted “Assistant Secretary for Preparedness and Response” for “Assistant Secretary for Public Health Emergency Preparedness”.

Subsec. (f). Puspan. L. 109–417, § 301(a)(6), substituted “subsection (a)(3)(A)” for “subsection (span)(3)(A)”.

Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsec. (g). Puspan. L. 109–417, § 301(a)(8), substituted “2007 through 2011” for “2002 through 2006”.

Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

Subsec. (h). Puspan. L. 109–417, § 301(a)(3), redesignated subsec. (h) as (g).

Puspan. L. 109–417, § 102(a)(4), substituted “Assistant Secretary for Preparedness and Response” for “Assistant Secretary for Public Health Emergency Preparedness”.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of this title.

Termination Date of 2019 Amendment

Amendment by section 301(d)(1) of Puspan. L. 116–22 to cease to have force or effect on Oct. 1, 2021, see section 301(d)(3) of Puspan. L. 116–22, set out as a note under section 10284 of Title 34, Crime Control and Law Enforcement.

Transfer of Functions

Puspan. L. 109–417, title III, § 301(span), Dec. 19, 2006, 120 Stat. 2854, provided that:

“There shall be transferred to the Secretary of Health and Human Services the functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Homeland Security, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto.”

Puspan. L. 109–295, title III, Oct. 4, 2006, 120 Stat. 1372, provided in part:

“That the total amount appropriated and, notwithstanding any other provision of law, the functions, personnel, assets, and liabilities of the National Disaster Medical System established under section 2811(span) [now 2812(a)] of the Public Health Service Act (42 U.S.C. 300hh–11(span) [now 300hh–11(a)]), including any functions of the Secretary of Homeland Security relating to such System, shall be permanently transferred to the Secretary of the Department of Health and Human Services effective January 1, 2007.”

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness (now Assistant Secretary for Preparedness and Response) relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.