---
kind: "section"
citation: "42 U.S.C. § 300hh–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300hh–2"
heading: "Enhancing medical surge capacity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300hh-2"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVI — National All-Hazards Preparedness for Public Health Emergencies"
  - "Part A — National All-Hazards Preparedness and Response Planning, Coordinating, and Reporting"
---

# §300hh–2. Enhancing medical surge capacity

- (a) **Study of enhancing medical surge capacity—** As part of the joint review described in [section 300hh–11(b) of this title](/usc/42/300hh–11.md?p=b), the [Secretary](/usc/42/201.md?p=c) shall evaluate the benefits and feasibility of improving the capacity of the Department of Health and Human [Services](/usc/42/201.md?p=a) to provide additional medical surge capacity to local communities in the event of a public health emergency. Such study shall include an assessment of the need for and feasibility of improving surge capacity through—
  - (1) acquisition and operation of mobile medical assets by the [Secretary](/usc/42/201.md?p=c) to be deployed, on a contingency basis, to a community in the event of a public health emergency;
  - (2) integrating the practice of telemedicine within the National [Disaster](/usc/42/5204.md?p=2) Medical System; and
  - (3) other strategies to improve such capacity as determined appropriate by the [Secretary](/usc/42/201.md?p=c).
- (b) **Authority to acquire and operate mobile medical assets—** In addition to any other authority to acquire, deploy, and operate mobile medical assets, the [Secretary](/usc/42/201.md?p=c) may acquire, deploy, and operate mobile medical assets if, taking into consideration the evaluation conducted under [subsection (a)](#a), such acquisition, deployment, and operation is determined to be beneficial and feasible in improving the capacity of the Department of Health and Human [Services](/usc/42/201.md?p=a) to provide additional medical surge capacity to local communities in the event of a public health emergency.
- (c) **Using Federal facilities to enhance medical surge capacity—**
  - (1) **Analysis—** The [Secretary](/usc/42/201.md?p=c) shall conduct an analysis of whether there are [Federal facilities](/usc/42/17061.md?p=8) which, in the event of a public health emergency, could practicably be used as facilities in which to provide health care.
  - (2) **Memoranda of understanding—** If, based on the analysis conducted under [paragraph (1)](#c-1), the [Secretary](/usc/42/201.md?p=c) determines that there are [Federal facilities](/usc/42/17061.md?p=8) which, in the event of a public health emergency, could be used as facilities in which to provide health care, the [Secretary](/usc/42/201.md?p=c) shall, with respect to each such facility, seek to conclude a memorandum of understanding with the head of the Department or [agency](/usc/42/8262.md?p=1) that operates such facility that permits the use of such facility to provide health care in the event of a public health emergency.

## Source credit

(July 1, 1944, ch. 373, title XXVIII, § 2803, as added Pub. L. 109–417, title III, § 302(a), Dec. 19, 2006, 120 Stat. 2855.)