6 U.S.C. § 320

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 320 - Credentialing and typing
(a) In general

The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to natural disasters, acts of terrorism, and other man-made disasters.

(b) Distribution
(1) In general

Not later than 1 year after August 3, 2007, the Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to-

(A) each Federal agency that has responsibilities under the National Response Plan to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster; and
(B) State, local, and tribal governments, to aid such governments with credentialing and typing of State, local, and tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.
(2) Assistance

The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and tribal government agencies with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

(c) Credentialing and typing of personnel

Not later than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are credentialed and typed in accordance with this section.

(d) Consultation on health care standards

In developing standards for credentialing health care professionals under this section, the Administrator shall consult with the Secretary of Health and Human Services.

6 U.S.C. § 320

Pub. L. 107-296, title V, §510, as added Pub. L. 109-295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1406; amended Pub. L. 110-53, title IV, §408, Aug. 3, 2007, 121 Stat. 304.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 510 of Pub. L. 107-296 was renumbered section 521 and is classified to section 321j of this title.Another prior section 510 of Pub. L. 107-296 was classified to section 321 of this title, prior to repeal by Pub. L. 109-295.

AMENDMENTS2007- Pub. L. 110-53 designated existing provisions as subsec. (a), inserted heading, substituted "for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and" for "credentialing of personnel and typing of", and added subsecs. (b) to (d).

STATUTORY NOTES AND RELATED SUBSIDIARIES

CHANGE OF NAMEAny reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295 set out as a note under section 313 of this title.

SCOPE OF PRACTICE IN PUBLIC HEALTH EMERGENCY Pub. L. 117-328, div. F, title V, §543, Dec. 29, 2022, 136 Stat. 4757, provided that: "Subsection (c) of section 16005 of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) [set out below] shall be applied as if the language read as follows: 'Subsection (a) shall apply until September 30, 2023.'."Similar provisions were contained in the following prior appropriation act: Pub. L. 117-103, div. F, title V, §541, Mar. 15, 2022, 136 Stat. 344. Pub. L. 116-136, div. B, title VI, §160056005,, 134 Stat. 545, provided that:"(a) Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or Commonwealth, territory, or possession of the United States, or any location designated by the Secretary, regardless of where such health-care professional or the patient is located, so long as the practice is within the scope of the authorized Federal duties of such health-care professional."(b) DEFINITION.-As used in this section, the term 'health-care professional' means an individual (other than a member of the Coast Guard, a civilian employee of the Coast Guard, member of the Public Health Service who is assigned to the Coast Guard, or an individual with whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a personal services contract to carry out health care responsibilities of the Secretary at a medical treatment facility of the Coast Guard) who-"(1) is-"(A) an employee of the Department of Homeland Security,"(B) a detailee to the Department from another Federal agency,"(C) a personal services contractor of the Department, or"(D) hired under a Contract for Services;"(2) performs health care services as part of duties of the individual in that capacity;"(3) has a current, valid, and unrestricted equivalent license certification that is-"(A) issued by a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and"(B) for the practice of medicine, osteopathic medicine, dentistry, nursing, emergency medical services, or another health profession; and"(4) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction."(c) Subsection (a) shall apply during the incident period of the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93-288] (42 U.S.C. 5121(b) [5191(b)]), and to any subsequent major declaration under section 401 of such Act [42 U.S.C. 5170] that supersedes such emergency declaration."

Department
The term "Department" means the Department of Homeland Security.
Secretary
The term "Secretary" means the Secretary of Homeland Security.
State
The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
emergency response providers
The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
personnel
The term "personnel" means officers and employees.
terrorism
The term "terrorism" means any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
Administrator
the term "Administrator" means the Administrator of the Agency;
Agency
the term "Agency" means the Federal Emergency Management Agency;
National Response Plan
the term "National Response Plan" means the National Response Plan or any successor plan prepared under section 314(a)(6) of this title;
emergency management
the term "emergency management" means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;
tribal government
the term "tribal government" means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.1 See References in Text note below.