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Title 42, The Public Health and WelfareRelease 119-110

§300ff–83 Public Health Emergency

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part E — General Provisions › § 300ff–83

Last updated Sep 23, 2026|Official source

Summary

The Secretary can waive rules in this subchapter during an emergency area and an emergency period to protect the health and safety of people getting care and the public. The Secretary must follow a spending limit: no more than 5 percent of the funds allocated under this subchapter for sections 300ff–29a and 300ff–13(b) can be used for that purpose. Emergency area — a place where the President has declared an emergency under the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or where the Secretary has declared a public health emergency under section 247d. Emergency period — the time that such a declaration is in effect. If grant funds are not spent in the fiscal year of the emergency, they must be returned to the Secretary to be reallocated under sections 300ff–13(b) and 300ff–29a.

Full Legal Text

Title 42, §300ff–83

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
In an emergency area and during an emergency period, the Secretary shall have the authority to waive such requirements of this subchapter to improve the health and safety of those receiving care under this subchapter and the general public, except that the Secretary may not expend more than 5 percent of the funds allocated under this subchapter for section 300ff–29a of this title and section 300ff–13(b) of this title.
(b)Emergency area and emergency period
In this section: (1) Emergency area
(2)Emergency period
The term “emergency period” means the period in which there exists—
(A)an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or
(B)a public health emergency declared by the Secretary pursuant to section 247d of this title.
(c)Unobligated funds
If funds under a grant under this section are not expended for an emergency in the fiscal year in which the emergency is declared, such funds shall be returned to the Secretary for reallocation under section 300ff–13(b) and 300ff–29a of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (b)(1)(A), (2)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 50 and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1)(A), (2)(A), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 300ff–83, act July 1, 1944, ch. 373, title XXVI, § 2683, as added Pub. L. 101–381, title IV, § 411(a), Aug. 18, 1990, 104 Stat. 624, related to request for notifications with respect to victims assisted, prior to the general amendment of this part by Pub. L. 109–415.

Amendments

2009—Pub. L. 111–87 repealed Pub. L. 109–415, § 703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and

Effective Date

of 2009 Amendment; Revival of Section note below. 2006—Pub. L. 109–415, § 703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, § 2(a)(1), effective Sept. 30, 2009.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 Amendment; Revival of SectionFor provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–83

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110