1 See References in Text note below.
is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law.
Editorial Notes
References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(2)(B)(i), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Section 2812 of the Public Health Service Act, referred to in subsec. (a)(2)(B)(ii), is classified to section 300hh–11 of Title 42, The Public Health and Welfare.

Amendments

2010—Subsec. (a)(2)(B)(ii). Puspan. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(span) of the Public Health Service Act (42 U.S.C. 300hh–11(span))” and struck out “paragraph (3)(A) of” before “that section”.

2006—Subsec. (a)(2)(B)(i). Puspan. L. 109–461, § 1006(span), provided that as of the enactment of Puspan. L. 109–461, the amendments made by Puspan. L. 109–444 were deemed for all purposes not to have taken effect and that Puspan. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(span) of Puspan. L. 109–461, set out as a Coordination of Provisions With Puspan. L. 109–444 note under section 101 of this title.

Puspan. L. 109–461, § 1004(a)(8), substituted “Robert T.” for “Robert B.”.

Puspan. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.

2002—Subsec. (a). Puspan. L. 107–287 redesignated second sentence of par. (1) as par. (3), added par. (2), and redesignated former par. (2) as (4).

Subsec. (a)(2). Puspan. L. 107–135 inserted “, and the term ‘medical services’ includes services under sections 1782 and 1783 of this title” before period at end.

2000—Subsec. (f). Puspan. L. 106–419 struck out subsec. (f) which read as follows: “Within thirty days after a declaration of a period of war or national emergency described in subsection (a) of this section (or as soon after the end of such thirty-day period as is reasonably practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to provide priority hospital care, nursing home care, and medical services under this section to members of the Armed Forces. Thereafter, with respect to any fiscal year in which the authority in subsection (span) of this section to enter into contracts with private facilities has been used, the Secretary shall report within ninety days after the end of such fiscal year to those committees regarding the extent of, and the circumstances under which, such authority was used.”

1996—Subsec. (span)(2)(A). Puspan. L. 104–262 substituted “subsection (a) of section 1710” for “subsection (f) of section 1712”.

1992—Subsecs. (span)(2)(A), (e). Puspan. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

1991—Puspan. L. 102–40 renumbered section 5011A of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “1701(5)” for “601(5)” and “1701(6)” for “601(6)” in par. (2).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1).

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1).

Subsec. (span). Puspan. L. 102–83, § 5(c)(1), substituted “1712” for “612” in par. (2)(A) and “1710” for “610” in par. (2)(B)(i).

Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1).

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing in par. (2).

Puspan. L. 102–54, § 14(f)(4)(A), amended subsec. (span)(2)(A) as in effect immediately before the enactment of Puspan. L. 102–40 by striking out “or (g)” after “subsection (f)”.

Subsec. (c). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1).

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Subsec. (d). Puspan. L. 102–54, § 14(f)(4)(B), amended section as in effect immediately before the enactment of Puspan. L. 102–40 by adding subsec. (d) and striking out former subsec. (d) which read as follows:

“(1) Not later than six months after the date of the enactment of this section, the Administrator and the Secretary of Defense shall enter into an agreement to plan and establish procedures and guidelines for the implementation of this section. Not later than one year after the date of the enactment of this section, the Administrator and the Secretary shall complete plans for such implementation and shall submit such plans to the Committees on Veterans’ Affairs and on Armed Services of the Senate and House of Representatives.

“(2) The Administrator and the Secretary of Defense shall jointly review such plans not less often than annually thereafter and shall report to such committees any modification in such plans within thirty days after the modification is agreed to.”

Subsecs. (e), (f). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” wherever appearing.

Statutory Notes and Related Subsidiaries
Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Puspan. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(span) of Puspan. L. 109–417, set out as a note under section 300hh–11 of Title 42.

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.

Congressional Findings

Puspan. L. 97–174, § 2(span), May 4, 1982, 96 Stat. 70, provided that: “The Congress makes the following further findings:

“(1) During and immediately after a period of war or national emergency involving the use of the Armed Forces of the United States in armed conflict, the Department of Defense might not have adequate health-care resources to care for military personnel wounded in combat and other active-duty military personnel.
“(2) The Veterans’ Administration has an extensive, comprehensive health-care system that could be used to assist the Department of Defense in caring for such personnel in such a situation.”

Executive Documents
Executive Order No. 12751

Ex. Ord. No. 12751, Fespan. 14, 1991, 56 F.R. 6787, which related to health care services for Operation Desert Storm, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense.