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10 U.S.C. § 1096 — Military-civilian health services partnership program; medical surge program

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1096 — Military-civilian health services partnership program; medical surge program

**(a) Resources Sharing Agreements.—** The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner. **(b) Eligible Resources.—** An agreement entered into under subsection (a) may provide for the sharing of— (1) personnel (including support personnel); (2) equipment; (3) supplies; and (4) any other items or facilities necessary for the provision of health care services. **(c) Computation of Charges.—** A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1078&num=0&edition=prelim). **(d) Reimbursement for License Fees.—** In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member. **(e) Medical Surge Program.—** (1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a p

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Stable record: federal_law:legal_authorities:record_usc_3d9360ce4fb7ffaeedf70f98
Source file: Laws/federal/codes/united-states-code/title-10/section-1096-military-civilian-health-services-partnership-program-medical-surge-prog--dde35fcbc1.md
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Source location: Title 10, Chapter 55, § 1096; chapter-055-medical-and-dental-care.md

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**(a) Resources Sharing Agreements.—** The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner. **(b) Eligible Resources.—** An agreement entered into under subsection (a) may provide for the sharing of— (1) personnel (including support personnel); (2) equipment; (3) supplies; and (4) any other items or facilities necessary for the provision of health care services. **(c) Computation of Charges.—** A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by [section 1078 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1078&num=0&edition=prelim). **(d) Reimbursement for License Fees.—** In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member. **(e) Medical Surge Program.—** (1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a program of record known as the Military-Civilian Medical Surge Program to— (A) support locations that the Secretary of Defense selects under paragraph (3)(B); and (B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (F) of paragraph (4). (2) (A) The Secretary of Defense, acting through the Institute 11 So in original. Probably should be preceded by “National”. for Defense Health Cooperation at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the management, staffing, and deployment of the Program, in coordination with the Chairman of the Joint Chiefs of Staff, the Director of the Defense Health Agency, and, for purposes of ensuring that the Program is carried out in a manner that is consistent with paragraph (6), the Secretary of Health and Human Services. (B) In carrying out subparagraph (A) during a contingency operation, the Secretary of Defense shall ensure that the Program provides support, acting through the Defense Health Agency serving as a combat support agency, to the relevant combatant command. (C) The Secretary of Defense shall ensure the program is administrated in coordination with the military departments, the Joint Staff, the Defense Health Agency, and the Department of Health and Human Services through semiannual coordination meetings and quarterly updates. On an annual basis, one such meeting shall include the participation of partners specified in paragraph (3)(A). (D) In carrying out the Program, the Secretary of Defense shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces. (3) (A) In carrying out the Program, the Secretary of Defense shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary and the Secretary of Health and Human Services determine— (i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and (ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation. (B) The Secretary of Defense shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Department. (4) The Secretary of Defense and the Secretary of Health and Human Services shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following: (A) A declaration of a national emergency under the National Emergencies Act ([50 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621&num=0&edition=prelim) 22 So in original. Probably should be “1601”. et seq.). (B) A public health emergency declared under section 319 of the Public Health Service Act ([42 U.S.C. 247d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim)). (C) A declaration of war by Congress. (D) A contingency operation. (E) The President’s exercise of executive powers under the War Powers Resolution ([50 U.S.C. 1541](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1541&num=0&edition=prelim) et seq.). (F) Any other emergency or major disaster as declared by the President. (5) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program. (6) Nothing in this section shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Health and Human Services with respect to the leadership and administration of the National Disaster Medical System, public health and medical preparedness and response, staffing levels, or resource allocation. (7) In this subsection: (A) The term “institution of higher education” means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim))). (B) The term “National Disaster Medical System” means the system established under section 2812 of the Public Health Service Act ([42 U.S.C. 300hh–11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh–11&num=0&edition=prelim)). (C) The term “Program” means the Military-Civilian Medical Surge Program established under paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300hh–11 — National Disaster Medical System

**(a) National Disaster Medical System** (1) **In general** — 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. (2) **Federal and State collaborative System** (A) *In general* — 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). (B) *Participating Federal agencies* — 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. (3) **Purpose of System** (A) *In general* — The Secretary may activate the National Disaster Medical System to— (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 [section 247d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim)); or (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh–11

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1072 — Definitions

In this chapter: (1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service. (2) The term “dependent”, with respect to a member or former member of a uniformed service, means— (A) the spouse; (B) the unremarried widow; (C) the unremarried widower; (D) a child who— (i) has not attained the age of 21; (ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or (iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; (E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household; (F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1072

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1078 — Medical and dental care for dependents: charges

**(a)** The Secretary of Defense, after consulting the other administering Secretaries, shall prescribe fair charges for inpatient medical and dental care given to dependents under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim). The charge or charges prescribed shall be applied equally to all classes of dependents. **(b)** As a restraint on excessive demands for medical and dental care under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim), uniform minimal charges may be imposed for outpatient care. Charges may not be more than such amounts, if any, as the Secretary of Defense may prescribe after consulting the other administering Secretaries, and after a finding that such charges are necessary. **(c)** Amounts received for subsistence and medical and dental care given under [section 1076 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076&num=0&edition=prelim) shall be deposited to the credit of the appropriation supporting the maintenance and operation of the facility furnishing the care.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1078

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1621 — Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register. **(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1621

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. **(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. **(b) Public Health Emergency Fund** (1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1541 — Purpose and policy

**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations. **(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. **(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1541

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1075 — TRICARE Select

**(a) Establishment.—** (1) Not later than January 1, 2018, the Secretary of Defense shall establish a self-managed, preferred-provider network option under the TRICARE program. Such option shall be known as “TRICARE Select”. (2) The Secretary shall establish TRICARE Select in all areas. Under TRICARE Select, eligible beneficiaries will not have restrictions on the freedom of choice of the beneficiary with respect to health care providers. **(b) Enrollment Eligibility.—** (1) The beneficiary categories for purposes of eligibility to enroll in TRICARE Select and cost-sharing requirements applicable to such category are as follows: (A) An “active-duty family member” category that consists of beneficiaries who are covered by [section 1079 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1079&num=0&edition=prelim) (as dependents of active duty members). (B) A “retired” category that consists of beneficiaries covered by subsection (c) of [section 1086 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1086&num=0&edition=prelim), other than Medicare-eligible beneficiaries described in subsection (d)(2) of such section. (C) A “reserve and young adult” category that consists of beneficiaries who are covered by— (i) [section 1076d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076d&num=0&edition=prelim); (ii) section 1076e; or (iii) section 1110b. (2) A covered beneficiary who elects to participate in TRICARE Select shall enroll in such option under [section 1099 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1099&num=0&edition=prelim). **(c) Cost-sharing Requirements.—** The cost-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1075

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1073d — Military medical treatment facilities

**(a) In General.—** To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d). **(b) Medical Centers.—** (1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries. (2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness. (3) Medical centers shall consist of the following: (A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care. (B) Graduate medical education programs. (C) Residency training programs. (D) Level one, level two, or level three trauma care capabilities. (4) (A) The Secretary shall designate certain major medical centers as regional centers of excellence for the provision of specialty care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center of excellence under this subparagraph for more than one such area of specialty care. (B) The Secretary may designate certain medical centers as satellite centers of excellence for the provision of specialty care services for specific conditions, such as the following: (i) Post-traumatic stress. (ii) Traumatic brain injury. (iii) Such other conditions as the Secretary determines appropriate. (C) Centers of excellence designated under this paragraph shall serve the purposes of— (i) ensuring the military medical force readiness of the D

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1073d

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 129c — Medical personnel: limitations on reductions

**(a) Limitation on Reduction.—** For any fiscal year, the Secretary of Defense may not make a reduction in the number of medical personnel of the Department of Defense described in subsection (b) unless the Secretary makes a certification for that fiscal year described in subsection (c). **(b) Covered Reductions.—** Subsection (a) applies to a reduction in the number of medical personnel of the Department of Defense as of the end of a fiscal year to a number that is less than— (1) 95 percent of the number of such personnel at the end of the immediately preceding fiscal year; or (2) 90 percent of the number of such personnel at the end of the third fiscal year preceding the fiscal year. **(c) Certification.—** A certification referred to in subsection (a) with respect to reductions in medical personnel of the Department of Defense for any fiscal year is a certification by the Secretary of Defense to Congress that— (1) the number of medical personnel being reduced is excess to the current and projected needs of the Department of Defense; and (2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services under chapter 55 of this title. **(d) Policy for Implementing Reductions.—** Whenever the Secretary of Defense directs that there be a reduction in the total number of military medical personnel of the Department of Defense, the Secretary shall require that the reduction be carried out so as to ensure that the reduction is not exclusively or disproportionately borne by any one of the armed forces and is not exclusively or disproportionately borne by either the active or the reserve components. **(e) Definition.—** In this section, the term “medical personnel” me

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 129c

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