# Public Health Service Act The **Public Health Service Act** (Pub. L. 78-410, 1944, codified at 42 U.S.C. ch. 6A) is the organic statute of the federal public health system. For emergency purposes its key provision is **§ 319** (42 U.S.C. § 247d), which lets the Secretary of Health and Human Services declare a **public health emergency** — a determination separate from, and not requiring, a presidential declaration under the [[National Emergencies Act]]. A § 319 declaration runs for 90 days and may be renewed indefinitely. It unlocks access to the Public Health Emergency Fund, grant and reporting flexibilities, and — when paired with other authorities — emergency use authorization for drugs and devices and waivers of certain Medicare, Medicaid, and privacy requirements. The section is a useful counter-example in any map of emergency power, because the declaring official is a Senate-confirmed department head rather than the President, and the clock is short and self-renewing rather than annual. Stub — expand with § 361 quarantine authority, the § 564 EUA interaction, and the declaration record. ## See also - [[National Emergencies Act]] - [[Emergency Powers Crosswalk]]