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Title 10 — Armed ForcesRelease 119-73not60

§2635 Medical Emergency Helicopter Transportation Assistance and Limitation of Individual Liability

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 157— TRANSPORTATION › § 2635

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense can help the Department of Health and Human Services and the Department of Homeland Security provide emergency medical helicopter transport to civilians. The Secretary sets the terms, including whether costs will be paid back. Help can only happen where the military units are already stationed, units cannot be moved from elsewhere just to help, it must not interfere with military duties, and it cannot increase Defense Department operating costs. People the Defense Department authorizes to give these services are not personally liable for damage, injury, or death caused while doing the job, as long as they act within their duties. This protection also covers their estates.

Full Legal Text

Title 10, §2635

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense is authorized to assist the Department of Health and Human Services and the Department of Homeland Security in providing medical emergency helicopter transportation services to civilians. Any resources provided under this section shall be under such terms and conditions, including reimbursement, as the Secretary of Defense deems appropriate and shall be subject to the following specific limitations:
(1)Assistance may be provided only in areas where military units able to provide such assistance are regularly assigned, and military units shall not be transferred from one area to another for the purpose of providing such assistance.
(2)Assistance may be provided only to the extent that it does not interfere with the performance of the military mission.
(3)The provision of assistance shall not cause any increase in funds required for the operation of the Department of Defense.
(b)No individual (or his estate) who is authorized by the Department of Defense to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–296 substituted “Department of Homeland Security” for “Department of Transportation” in introductory provisions. 1980—Subsec. (a). Pub. L. 96–513 substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2635

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60