Title 6 — Domestic Security
Chapter 1 — Homeland Security Organization
§ 320. Credentialing and typing
Statutory text
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.
Distribution
In general
Not later than 1 year after , the Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to—
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
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Homeland Security Act of 2002
Pub. L. 107–296 title V § 510 · 116 Stat. 2135
Enacted · 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
Source evidence
Code source credit
Pub. L. 107–296, title V, § 510, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1406Pub. L. 110–53 title IV § 408 · 121 Stat. 266
Amended · 6 U.S.C. § 320
Pub. L. 110–53 designated existing provisions as subsec. (a)
Inserted · 6 U.S.C. § 320
Pub. L. 110–53 inserted heading
Substituted · 6 U.S.C. § 320
Pub. L. 110–53 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”
Added · 6 U.S.C. § 320
Pub. L. 110–53 added subsecs. (b) to (d)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
SEC. 408. CREDENTIALING AND TYPING. Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is amended— (1) by striking “The Administrator” and inserting the following: “(a) In General.— The Administrator” ; (2) in subsection (a), as so designated, by striking “credentialing of personnel and typing of” and inserting “for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and”; and (3) by adding at the end the following: “(b) Distribution.— “(1) In general.— Not Deadline. Guidance. later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 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 Deadline. 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.” .
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A 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.
Amendments
2007—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 Name
Any 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 , 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. 119–86, div. A, title V, § 542, , 140 Stat. 807, provided that: “Section 16005(c) 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 .’.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. F, title V, § 543, , 136 Stat. 4757.
Pub. L. 117–103, div. F, title V, § 541, , 136 Stat. 344.
Pub. L. 116–136, div. B, title VI, § 16005, , 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 , 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.”
Credits
2006–2007 · 2 acts
- 2006Pub. L. 107–296, title V, § 510, as added Pub. L. 109–295, title VI, § 611(13), , 120 Stat. 1406
- 2007amended Pub. L. 110–53, title IV, § 408, , 121 Stat. 304.
Show as published
(Pub. L. 107–296, title V, § 510, as added Pub. L. 109–295, title VI, § 611(13), , 120 Stat. 1406; amended Pub. L. 110–53, title IV, § 408, , 121 Stat. 304.)