{"identifier":"/us/usc/t42/s300hh\u201311","title":42,"num":"\u00a7\u202f300hh\u201311.","heading":"National Disaster Medical System","text":"\u00a7\u202f300hh\u201311.\nNational Disaster Medical System\n(a)\nNational Disaster Medical System\n(1)\nIn general\nThe Secretary shall provide for the operation in accordance with this section of a system to be known as the National Disaster Medical System. The Secretary shall designate the Assistant Secretary for Preparedness and Response as the head of the National Disaster Medical System, subject to the authority of the Secretary.\n(2)\nFederal and State collaborative System\n(A)\nIn general\nThe National Disaster Medical System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3).\n(B)\nParticipating Federal agencies\nThe Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Department of Homeland Security, the Department of Defense, and the Department of Veterans Affairs.\n(3)\nPurpose of System\n(A)\nIn general\nThe Secretary may activate the National Disaster Medical System to\u2014\n(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\nsection 247d of this title\n(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.\n(B)\nOngoing activities\nThe National Disaster Medical System shall carry out such ongoing activities as may be necessary to prepare for the provision of services described in subparagraph (A) in the event that the Secretary activates the National Disaster Medical System for such purposes.\n(C)\nConsiderations for at-risk populations\nThe Secretary shall take steps to ensure that an appropriate specialized and focused range of public health and medical capabilities are\n1\n1 So in original. Probably should be \u201cis\u201d.\n2\n2 So in original. Probably should be \u201ctakes\u201d.\n(D)\nAdministration\nThe Secretary may determine and pay claims for reimbursement for services under subparagraph (A) directly or through contracts that provide for payment in advance or by way of reimbursement.\n(E)\nTest for mobilization of System\nDuring the one-year period beginning on\nDecember 19, 2006\n(b)\nModifications\n(1)\nIn general\nTaking into account the findings from the joint review described under paragraph (2), the Secretary shall modify the policies of the National Disaster Medical System as necessary.\n(2)\nJoint review and medical surge capacity strategic plan\n(A)\nReview\nNot later than 180 days after\n(i) an evaluation of medical surge capacity, as described in\nsection 300hh\u20132(a) of this title\n(ii) an assessment of the available workforce of the intermittent disaster response personnel described in subsection (c);\n(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;\n(iv) the effectiveness of efforts to recruit, retain, and train such workforce; and\n(v) gaps that may exist in such workforce and recommendations for addressing such gaps.\n(B)\nUpdates\nAs part of the National Health Security Strategy under\nsection 300hh\u20131 of this title\n(3)\nParticipation agreements for non-Federal entities\nIn 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:\n(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.\n(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.\n(c)\nIntermittent disaster-response personnel\n(1)\nIn general\nFor the purpose of assisting the National Disaster Medical System in carrying out duties under this section, the Secretary may appoint individuals to serve as intermittent personnel of such System in accordance with applicable civil service laws and regulations.\n(2)\nLiability\nFor purposes of\nsection 233(a) of this title\n(3)\nNotification\nNot 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\u2014\n(A) the impact such shortage could have on meeting public health needs and emergency medical personnel needs during a public health emergency; and\n(B) any identified measures to address such shortage.\n(4)\nCertain appointments\n(A)\nIn general\nIf the Secretary determines that the number of intermittent disaster response personnel within the National Disaster Medical System under this section is insufficient to address a public health emergency or potential public health emergency, the Secretary may appoint candidates directly to personnel positions for intermittent disaster response within such system. The Secretary shall provide updates on the number of vacant or unfilled positions within such system to the congressional committees of jurisdiction each quarter for which this authority is in effect.\n(B)\nSunset\nThe authority under this paragraph shall expire on\nDecember 31, 2026\n(5)\nOmitted\n(d)\nCertain employment issues regarding intermittent appointments\n(1)\nIntermittent disaster-response appointee\nFor purposes of this subsection, the term \u201cintermittent disaster-response appointee\u201d means an individual appointed by the Secretary under subsection (c).\n(2)\nCompensation for work injuries\n(A)\nIn general\nAn intermittent disaster-response appointee shall, while acting in the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions, and an injury sustained by such an individual shall be deemed \u201cin the performance of duty\u201d, for purposes of chapter 81 of title 5 pertaining to compensation for work injuries.\n(B)\nApplication to training programs\nWith respect to the participation of individuals appointed under subsection (c) in training programs authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B), injuries sustained by such an individual, while acting within the scope of such participation, also shall be deemed \u201cin the performance of duty\u201d for purposes of chapter 81 of title 5 (regardless of whether the individuals receive compensation for such participation).\n(C)\nResponsibility of Labor Secretary\nIn the event of an injury to such an intermittent disaster-response appointee, the Secretary of Labor shall be responsible for making determinations as to whether the claimant is entitled to compensation or other benefits in accordance with chapter 81 of title 5.\n(D)\nComputation of pay\nIn the event of an injury to such an intermittent disaster response appointee, the position of the employee shall be deemed to be \u201cone which would have afforded employment for substantially a whole year\u201d, for purposes of section 8114(d)(2) of such title.\n(E)\nContinuation of pay\nThe weekly pay of such an employee shall be deemed to be the hourly pay in effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such title.\n(3)\nEmployment and reemployment rights\n(A)\nIn general\nService as an intermittent disaster-response appointee when the Secretary activates the National Disaster Medical System or when the individual participates in a training program authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B) shall be deemed \u201cservice in the uniformed services\u201d for purposes of chapter 43 of title 38 pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in chapter 43 of title 38.\n(B)\nNotice of absence from position of employment\nPreclusion of giving notice of service by necessity of Service as an intermittent disaster-response appointee when the Secretary activates the National Disaster Medical System shall be deemed preclusion by \u201cmilitary necessity\u201d for purposes of\nsection 4312(b) of title 38\n(4)\nLimitation\nAn intermittent disaster-response appointee shall not be deemed an employee of the Department of Health and Human Services for purposes other than those specifically set forth in this section.\n(e)\nRule of construction regarding use of commissioned corps\nIf the Secretary assigns commissioned officers of the Regular or Reserve Corps\n3\n3 See Change of Name note below.\n(f)\nDefinition\nFor purposes of this section, the term \u201cauxiliary services\u201d includes mortuary services, veterinary services, and other services that are determined by the Secretary to be appropriate with respect to the needs referred to in subsection (a)(3)(A).\n(g)\nAuthorization of appropriations\nFor the purpose of providing for the Assistant Secretary for Preparedness and Response and the operations of the National Disaster Medical System, other than purposes for which amounts in the Public Health Emergency Fund under\nsection 247d of this title","url":"https://projectusc.org/usc/t42/s300hh\u201311.html","content":[{"t":"sec","id":"/us/usc/t42/s300hh\u201311","children":[{"t":"num","text":"\u00a7\u202f300hh\u201311."},{"t":"heading","text":"National Disaster Medical System"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"National Disaster Medical System"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall provide for the operation in accordance with this section of a system to be known as the National Disaster Medical System. The Secretary shall designate the Assistant Secretary for Preparedness and Response as the head of the National Disaster Medical System, subject to the authority of the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Federal and State collaborative System"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The National Disaster Medical System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Participating Federal agencies"},{"t":"content","children":[{"t":"p","text":"The Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Department of Homeland Security, the Department of Defense, and the Department of Veterans Affairs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Purpose of System"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary may activate the National Disaster Medical System to\u2014"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/a/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 247d of this title","href":"/us/usc/t42/s247d","tail":"); or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/a/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Ongoing activities"},{"t":"content","children":[{"t":"p","text":"The National Disaster Medical System shall carry out such ongoing activities as may be necessary to prepare for the provision of services described in subparagraph (A) in the event that the Secretary activates the National Disaster Medical System for such purposes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Considerations for at-risk populations"},{"t":"content","children":[{"t":"p","text":"The Secretary shall take steps to ensure that an appropriate specialized and focused range of public health and medical capabilities are\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cis\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cis\u201d.","tail":" represented in the National Disaster Medical System, which take\u202f"},{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201ctakes\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201ctakes\u201d.","tail":" into account the needs of at-risk individuals, in the event of a public health emergency."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Administration"},{"t":"content","children":[{"t":"p","text":"The Secretary may determine and pay claims for reimbursement for services under subparagraph (A) directly or through contracts that provide for payment in advance or by way of reimbursement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/a/3/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Test for mobilization of System"},{"t":"content","children":[{"t":"p","text":"During the one-year period beginning on ","children":[{"t":"text","text":"December 19, 2006","tail":", the Secretary shall conduct an exercise to test the capability and timeliness of the National Disaster Medical System to mobilize and otherwise respond effectively to a bioterrorist attack or other public health emergency that affects two or more geographic locations concurrently. Thereafter, the Secretary may periodically conduct such exercises regarding the National Disaster Medical System as the Secretary determines to be appropriate."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Modifications"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Taking into account the findings from the joint review described under paragraph (2), the Secretary shall modify the policies of the National Disaster Medical System as necessary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Joint review and medical surge capacity strategic plan"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Review"},{"t":"chapeau","text":"Not later than 180 days after ","children":[{"t":"text","text":"June 24, 2019","tail":", 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\u2014"}]},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/b/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an evaluation of medical surge capacity, as described in ","children":[{"t":"ref","text":"section 300hh\u20132(a) of this title","href":"/us/usc/t42/s300hh\u20132/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/b/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an assessment of the available workforce of the intermittent disaster response personnel described in subsection (c);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/b/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/b/2/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the effectiveness of efforts to recruit, retain, and train such workforce; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300hh\u201311/b/2/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" gaps that may exist in such workforce and recommendations for addressing such gaps.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Updates"},{"t":"content","children":[{"t":"p","text":"As part of the National Health Security Strategy under ","children":[{"t":"ref","text":"section 300hh\u20131 of this title","href":"/us/usc/t42/s300hh\u20131","tail":", the Secretary shall update the findings from the review under subparagraph (A) and provide recommendations to modify the policies of the National Disaster Medical System as necessary."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Participation agreements for non-Federal entities"},{"t":"chapeau","text":"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:"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Intermittent disaster-response personnel"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For the purpose of assisting the National Disaster Medical System in carrying out duties under this section, the Secretary may appoint individuals to serve as intermittent personnel of such System in accordance with applicable civil service laws and regulations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Liability"},{"t":"content","children":[{"t":"p","text":"For purposes of ","children":[{"t":"ref","text":"section 233(a) of this title","href":"/us/usc/t42/s233/a","tail":" and the remedies described in such section, an individual appointed under paragraph (1) shall, while acting within the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions. With respect to the participation of individuals appointed under paragraph (1) in training programs authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B), acts of individuals so appointed that are within the scope of such participation shall be considered within the scope of the appointment under paragraph (1) (regardless of whether the individuals receive compensation for such participation)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Notification"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the impact such shortage could have on meeting public health needs and emergency medical personnel needs during a public health emergency; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any identified measures to address such shortage.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Certain appointments"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/c/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that the number of intermittent disaster response personnel within the National Disaster Medical System under this section is insufficient to address a public health emergency or potential public health emergency, the Secretary may appoint candidates directly to personnel positions for intermittent disaster response within such system. The Secretary shall provide updates on the number of vacant or unfilled positions within such system to the congressional committees of jurisdiction each quarter for which this authority is in effect.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/c/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Sunset"},{"t":"content","children":[{"t":"p","text":"The authority under this paragraph shall expire on ","children":[{"t":"text","text":"December 31, 2026","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Omitted"},{"t":"content","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Certain employment issues regarding intermittent appointments"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Intermittent disaster-response appointee"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, the term \u201cintermittent disaster-response appointee\u201d means an individual appointed by the Secretary under subsection (c).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Compensation for work injuries"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"An intermittent disaster-response appointee shall, while acting in the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions, and an injury sustained by such an individual shall be deemed \u201cin the performance of duty\u201d, for purposes of chapter 81 of title 5 pertaining to compensation for work injuries.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Application to training programs"},{"t":"content","children":[{"t":"p","text":"With respect to the participation of individuals appointed under subsection (c) in training programs authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B), injuries sustained by such an individual, while acting within the scope of such participation, also shall be deemed \u201cin the performance of duty\u201d for purposes of chapter 81 of title 5 (regardless of whether the individuals receive compensation for such participation).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Responsibility of Labor Secretary"},{"t":"content","children":[{"t":"p","text":"In the event of an injury to such an intermittent disaster-response appointee, the Secretary of Labor shall be responsible for making determinations as to whether the claimant is entitled to compensation or other benefits in accordance with chapter 81 of title 5.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Computation of pay"},{"t":"content","children":[{"t":"p","text":"In the event of an injury to such an intermittent disaster response appointee, the position of the employee shall be deemed to be \u201cone which would have afforded employment for substantially a whole year\u201d, for purposes of section 8114(d)(2) of such title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/2/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Continuation of pay"},{"t":"content","children":[{"t":"p","text":"The weekly pay of such an employee shall be deemed to be the hourly pay in effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Employment and reemployment rights"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Service as an intermittent disaster-response appointee when the Secretary activates the National Disaster Medical System or when the individual participates in a training program authorized by the Assistant Secretary for Preparedness and Response or a comparable official of any Federal agency specified in subsection (a)(2)(B) shall be deemed \u201cservice in the uniformed services\u201d for purposes of chapter 43 of title 38 pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in chapter 43 of title 38.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300hh\u201311/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Notice of absence from position of employment"},{"t":"content","children":[{"t":"p","text":"Preclusion of giving notice of service by necessity of Service as an intermittent disaster-response appointee when the Secretary activates the National Disaster Medical System shall be deemed preclusion by \u201cmilitary necessity\u201d for purposes of ","children":[{"t":"ref","text":"section 4312(b) of title 38","href":"/us/usc/t38/s4312/b","tail":" pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Secretary, in consultation with the Secretary of Defense, and shall not be subject to judicial review."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300hh\u201311/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"An intermittent disaster-response appointee shall not be deemed an employee of the Department of Health and Human Services for purposes other than those specifically set forth in this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Rule of construction regarding use of commissioned corps"},{"t":"content","children":[{"t":"p","text":"If the Secretary assigns commissioned officers of the Regular or Reserve Corps\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSee Change of Name note below."},{"t":"text","text":"\u202fSee Change of Name note below.","tail":" 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)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Definition"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, the term \u201cauxiliary services\u201d includes mortuary services, veterinary services, and other services that are determined by the Secretary to be appropriate with respect to the needs referred to in subsection (a)(3)(A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300hh\u201311/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Authorization of appropriations"},{"t":"content","children":[{"t":"p","text":"For the purpose of providing for the Assistant Secretary for Preparedness and Response and the operations of the National Disaster Medical System, other than purposes for which amounts in the Public Health Emergency Fund under ","children":[{"t":"ref","text":"section 247d of this title","href":"/us/usc/t42/s247d","tail":" are available, there are authorized to be appropriated $57,400,000 for each of fiscal years 2019 through 2023."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}