[House Document 111-73]
[From the U.S. Government Printing Office]





111th Congress, 1st Session - - - - - - - - - - - - - House Document 111-73


 

   DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 
                INFLUENZA PANDEMIC IN THE UNITED STATES

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO 
 THE 2009 H1N1 INFLUENZA PANDEMIC IN THE UNITED STATES, PURSUANT TO 50 
                             U.S.C. 1621(a)




  October 26, 2009.--Referred jointly to the Committees on Energy and 
         Commerce and Ways and Means, and ordered to be printed
To the Congress of the United States:
    Pursuant to section 201 of the National Emergencies Act (50 
U.S.C. 1621), I hereby report that I have exercised my 
authority to declare a national emergency in order to be 
prepared in the event of a rapid increase in illness across the 
Nation that may overburden health care resources. This 
declaration will allow the Secretary of Health and Human 
Services, if necessary, to temporarily waive certain standard 
Federal requirements in order to enable U.S. health care 
facilities to implement emergency operations plans to deal with 
the 2009 H1N1 influenza pandemic in the United States. A copy 
of my proclamation is attached.
    Further, I have authorized the Secretary of Health and 
Human Services to exercise the authority under section 1135 of 
the Social Security Act to temporarily waive or modify certain 
requirements of the Medicare, Medicaid, and State Children's 
Health Insurance programs and of the Health Insurance 
Portability and Accountability Act Privacy Rule as necessary to 
respond to the pandemic throughout the duration of the public 
health emergency declared in response to the 2009 H1N1 
influenza pandemic.

                                                      Barack Obama.
    The White House, October 23, 2009.
   Declaration of a National Emergency With Respect to the 2009 H1N1 
                           Influenza Pandemic

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            By the President of the United States of America

                             A PROCLAMATION

    On April 26, 2009, the Secretary of Health and Human 
Services (the ``Secretary'') first declared a public health 
emergency under section 319 of the Public Health Service Act, 
42 U.S.C. 247d, in response to the 2009 H1N1 influenza virus. 
The Secretary has renewed that declaration twice, on July 24, 
2009, and October 1, 2009. In addition, by rapidly identifying 
the virus, implementing public health measures, providing 
guidance for health professionals and the general public, and 
developing an effective vaccine, we have taken proactive steps 
to reduce the impact of the pandemic and protect the health of 
our citizens. As a Nation, we have prepared at all levels of 
government, and as individuals and communities, taking 
unprecedented steps to counter the emerging pandemic. 
Nevertheless, the 2009 H1N1 pandemic continues to evolve. The 
rates of illness continue to rise rapidly within many 
communities across the Nation, and the potential exists for the 
pandemic to overburden health care resources in some 
localities. Thus, in recognition of the continuing progression 
of the pandemic, and in further preparation as a Nation, we are 
taking additional steps to facilitate our response.
    NOW, THEREFORE, I, BARACK OBAMA, President of the United 
States, by virtue of the authority vested in me by the 
Constitution and the laws of the United States, including 
sections 201 and 301 of the National Emergencies Act (50 U.S.C. 
1601 et seq.) and consistent with section 1135 of the Social 
Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby 
find and proclaim that, given that the rapid increase in 
illness across the Nation may overburden health care resources 
and that the temporary waiver of certain standard Federal 
requirements may be warranted in order to enable U.S. health 
care facilities to implement emergency operations plans, the 
2009 H1N1 influenza pandemic in the United States constitutes a 
national emergency. Accordingly, I hereby declare that the 
Secretary may exercise the authority under section 1135 of the 
SSA to temporarily waive or modify certain requirements of the 
Medicare, Medicaid, and State Children's Health Insurance 
programs and of the Health Insurance Portability and 
Accountability Act Privacy Rule throughout the duration of the 
public health emergency declared in response to the 2009 H1N1 
influenza pandemic. In exercising this authority, the Secretary 
shall provide certification and advance written notice to the 
Congress as required by section 1135(d) of the SSA (42 U.S.C. 
1320b-5(d)).
    IN WITNESS WHEREOF, I have hereunto set my hand this 
twenty-third day of October, in the year of our Lord two 
thousand nine, and of the Independence of the United States of 
America the two hundred and thirty-fourth.

                                                      Barack Obama.