---
kind: "section"
citation: "42 U.S.C. § 300hh–14"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300hh–14"
heading: "Protection of health and safety during disasters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300hh-14"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVI — National All-Hazards Preparedness for Public Health Emergencies"
  - "Part B — All-Hazards Emergency Preparedness and Response"
---

# §300hh–14. Protection of health and safety during disasters

- (a) **Definitions—** In this section:
  - (1) **Certified monitoring program—** The term “certified monitoring [program](/usc/42/274l–1.md?p=4)” means a medical monitoring [program](/usc/42/274l–1.md?p=4)—
    - (A) in which a participating responder is a [participant](/usc/42/300gg–91.md?p=d-11) as a condition of the employment of such participating responder; and
    - (B) that the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a) certifies includes an adequate baseline medical screening.
  - (2) **Disaster area—** The term “[disaster](/usc/42/5204.md?p=2) area” means an area in which the President has declared a major [disaster](/usc/42/5204.md?p=2) (as that term is defined in [section 5122 of this title](/usc/42/5122.md)), during the period of such declaration.
  - (3) **High exposure level—** The term “high exposure level” means a level of exposure to a substance of concern that is for such a duration, or of such a magnitude, that adverse effects on human health can be reasonably expected to occur, as determined by the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), in accordance with human monitoring or environmental or other appropriate indicators.
  - (4) **Individual—** The term “individual” includes—
    - (A) a worker or volunteer who responds to a [disaster](/usc/42/5204.md?p=2), either natural or manmade, involving any mode of transportation in the United States or disrupting the transportation system of the United States, including—
      - (i) a police officer;
      - (ii) a firefighter;
      - (iii) an emergency medical technician;
      - (iv) any participating member of an urban search and rescue team; and
      - (v) any other relief or rescue worker or volunteer that the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), determines to be appropriate;
    - (B) a worker who responds to a [disaster](/usc/42/5204.md?p=2), either natural or manmade, involving any mode of transportation in the United States or disrupting the transportation system of the United States, by assisting in the cleanup or restoration of critical infrastructure in and around a [disaster](/usc/42/5204.md?p=2) area;
    - (C) a person whose place of residence is in a [disaster](/usc/42/5204.md?p=2) area, caused by either a natural or manmade [disaster](/usc/42/5204.md?p=2) involving any mode of transportation in the United States or disrupting the transportation system of the United States;
    - (D) a person who is employed in or attends [school](/usc/42/300j–21.md?p=6), child care, or adult day care in a building located in a [disaster](/usc/42/5204.md?p=2) area, caused by either a natural or manmade [disaster](/usc/42/5204.md?p=2) involving any mode of transportation in the United States or disrupting the transportation system of the United States, of the United States; and
    - (E) any other person that the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), determines to be appropriate.
  - (5) **Participating responder—** The term “participating responder” means an individual described in [paragraph (4)(A)](#a-4-A).
  - (6) **Program—** The term “[program](/usc/42/274l–1.md?p=4)” means a [program](/usc/42/274l–1.md?p=4) described in [subsection (b)](#b) that is carried out for a [disaster](/usc/42/5204.md?p=2) area.
  - (7) **Substance of concern—** The term “substance of concern” means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a [disaster](/usc/42/5204.md?p=2), as determined by the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), and in coordination with the [Agency](/usc/42/8262.md?p=1) for Toxic Substances and Disease Registry, the Environmental Protection [Agency](/usc/42/8262.md?p=1), the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Emergency Management [Agency](/usc/42/8262.md?p=1), the Occupational Health and Safety Administration, and other [agencies](/usc/42/8262.md?p=1).
- (b) **Program—**
  - (1) **In general—** If the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), determines that 1 or more substances of concern are being, or have been, released in an area declared to be a [disaster](/usc/42/5204.md?p=2) area and disrupts the transportation system of the United States, the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), may carry out a [program](/usc/42/274l–1.md?p=4) for the coordination, protection, assessment, monitoring, and study of the health and safety of individuals with high exposure levels to ensure that—
    - (A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern in a timely manner;
    - (B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for—
      - (i) any short- and long-term health impacts of any substance of concern; and
      - (ii) any mental health impacts;
    - (C) the individuals receive health care referrals as needed and appropriate; and
    - (D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future [disasters](/usc/42/5204.md?p=2).
  - (2) **Activities—** A [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1) may include such activities as—
    - (A) collecting and analyzing environmental exposure data;
    - (B) developing and disseminating information and educational materials;
    - (C) performing baseline and followup clinical health and mental health examinations and taking biological samples;
    - (D) establishing and maintaining an exposure registry;
    - (E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and
    - (F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health [services](/usc/42/201.md?p=a).
  - (3) **Timing—** To the maximum extent practicable, activities under any [program](/usc/42/274l–1.md?p=4) carried out under [paragraph (1)](#b-1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring.
  - (4) **Participation in registries and studies—**
    - (A) **In general—** Participation in any registry or study that is part of a [program](/usc/42/274l–1.md?p=4) carried out under [paragraph (1)](#b-1) shall be voluntary.
    - (B) **Protection of privacy—** The President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), shall take appropriate measures to protect the privacy of any [participant](/usc/42/300gg–91.md?p=d-11) in a registry or study described in [subparagraph (A)](#b-4-A).
    - (C) **Priority—**
      - (i) **In general—** Except as provided in [clause (ii)](#b-4-C-ii), the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), shall give priority in any registry or study described in [subparagraph (A)](#b-4-A) to the protection, monitoring and study of the health and safety of individuals with the highest level of exposure to a substance of concern.
      - (ii) **Modifications—** Notwithstanding [clause (i)](#b-4-C-i), the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), may modify the priority of a registry or study described in [subparagraph (A)](#b-4-A), if the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), determines such modification to be appropriate.
  - (5) **Cooperative agreements—**
    - (A) **In general—** The President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), may carry out a [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1) through a cooperative agreement with a medical institution, including a local health department, or a [consortium](/usc/42/17061.md?p=4) of medical institutions.
    - (B) **Selection criteria—** To the maximum extent practicable, the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), shall select, to carry out a [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1), a medical institution or a [consortium](/usc/42/17061.md?p=4) of medical institutions that—
      - (i) is located near—
        - (I) the [disaster](/usc/42/5204.md?p=2) area with respect to which the [program](/usc/42/274l–1.md?p=4) is carried out; and
        - (II) any other area in which there reside groups of individuals that worked or volunteered in response to the [disaster](/usc/42/5204.md?p=2); and
      - (ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in—
        - (I) developing clinical protocols and conducting clinical health examinations, including mental health assessments;
        - (II) conducting long-term health monitoring and epidemiological studies;
        - (III) conducting long-term mental health studies; and
        - (IV) establishing and maintaining medical surveillance [programs](/usc/42/274l–1.md?p=4) and environmental exposure or disease registries.
  - (6) **Involvement—**
    - (A) **In general—** In carrying out a [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1), the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), shall involve interested and affected parties, as appropriate, including representatives of—
      - (i) Federal, [State](/usc/42/201.md?p=f), and local government [agencies](/usc/42/8262.md?p=1);
      - (ii) groups of individuals that worked or volunteered in response to the [disaster](/usc/42/5204.md?p=2) in the [disaster](/usc/42/5204.md?p=2) area;
      - (iii) local residents, businesses, and [schools](/usc/42/300j–21.md?p=6) (including parents and teachers);
      - (iv) [health care providers](/usc/42/300aa–33.md?p=1);
      - (v) faith based organizations; and
      - (vi) other organizations and persons.
    - (B) **Committees—** Involvement under [subparagraph (A)](#b-6-A) may be provided through the establishment of an advisory or oversight committee or board.
  - (7) **Privacy—** The President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), shall carry out each [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1) in accordance with [regulations](/usc/42/201.md?p=d) relating to privacy promulgated under [section 264(c)](/usc/42/264.md?p=c) of the Health Insurance Portability and Accountability Act of 1996 ([42 U.S.C. 1320d–2](/usc/42/1320d–2.md) note; Public Law 104–191).
  - (8) **Existing programs—** In carrying out a [program](/usc/42/274l–1.md?p=4) under [paragraph (1)](#b-1), the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), may—
    - (A) include the baseline clinical health examination of a participating responder under a certified monitoring [programs](/usc/42/274l–1.md?p=4);[^1] and
    - (B) substitute the baseline clinical health examination of a participating responder under a certified monitoring [program](/usc/42/274l–1.md?p=4) for a baseline clinical health examination under [paragraph (1)](#b-1).
- (c) **Reports—** Not later than 1 year after the establishment of a [program](/usc/42/274l–1.md?p=4) under [subsection (b)(1)](#b-1), and every 5 years thereafter, the President, acting through the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), or the medical institution or [consortium](/usc/42/17061.md?p=4) of such institutions having entered into a cooperative agreement under [subsection (b)(5)](#b-5), may submit a report to the [Secretary](/usc/42/201.md?p=c) of Homeland Security, the [Secretary](/usc/42/201.md?p=c) of Labor, the [Administrator](/usc/42/300bb–8.md?p=4) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), and appropriate committees of Congress describing the [programs](/usc/42/274l–1.md?p=4) and studies carried out under the [program](/usc/42/274l–1.md?p=4).
- (d) **National Academy of Sciences report on disaster area health and environmental protection and monitoring—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), the [Secretary](/usc/42/201.md?p=c) of Homeland Security, and the [Administrator](/usc/42/300bb–8.md?p=4) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on [disaster](/usc/42/5204.md?p=2) area health and environmental protection and monitoring.
  - (2) **Participation of experts—** The report under [paragraph (1)](#d-1) shall be prepared with the participation of individuals who have expertise in—
    - (A) environmental health, safety, and medicine;
    - (B) occupational health, safety, and medicine;
    - (C) clinical medicine, including pediatrics;
    - (D) environmental toxicology;
    - (E) epidemiology;
    - (F) mental health;
    - (G) medical monitoring and surveillance;
    - (H) environmental monitoring and surveillance;
    - (I) environmental and industrial hygiene;
    - (J) emergency planning and preparedness;
    - (K) public outreach and education;
    - (L) [State](/usc/42/201.md?p=f) and local health departments;
    - (M) [State](/usc/42/201.md?p=f) and local environmental protection departments;
    - (N) functions of workers that respond to [disasters](/usc/42/5204.md?p=2), including first responders;
    - (O) public health; and
    - (P) family [services](/usc/42/201.md?p=a), such as counseling and other [disaster](/usc/42/5204.md?p=2)-related [services](/usc/42/201.md?p=a) provided to families.
  - (3) **Contents—** The report under [paragraph (1)](#d-1) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a [disaster](/usc/42/5204.md?p=2), including advice and recommendations regarding—
    - (A) the establishment of protocols for monitoring and responding to chemical or substance releases in a [disaster](/usc/42/5204.md?p=2) area to protect public health and safety, including—
      - (i) chemicals or other substances for which samples should be collected in the event of a [disaster](/usc/42/5204.md?p=2), including a terrorist attack;
      - (ii) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations;
      - (iii) chemical- or substance-specific methods of sample analysis;
      - (iv) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances;
      - (v) procedures for providing monitoring results to—
        - (I) appropriate Federal, [State](/usc/42/201.md?p=f), and local government [agencies](/usc/42/8262.md?p=1);
        - (II) appropriate response personnel; and
        - (III) the public;
      - (vi) responsibilities of Federal, [State](/usc/42/201.md?p=f), and local [agencies](/usc/42/8262.md?p=1) for—
        - (I) collecting and analyzing samples;
        - (II) reporting results; and
        - (III) taking appropriate response actions; and
      - (vii) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a [disaster](/usc/42/5204.md?p=2), including a terrorist attack; and
    - (B) other issues specified by the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a), the [Secretary](/usc/42/201.md?p=c) of Homeland Security, and the [Administrator](/usc/42/300bb–8.md?p=4) of the Environmental Protection [Agency](/usc/42/8262.md?p=1).
  - (4) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out this subsection.

## Footnotes

[^1]: So in original. Probably should be “program;”.

## Source credit

(Pub. L. 109–347, title VII, § 709, Oct. 13, 2006, 120 Stat. 1947.)

## Notes

### Editorial Notes

### References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b)(7), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

### Codification

Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Public Health Service Act which comprises this chapter.