[Congressional Record Volume 155, Number 156 (Monday, October 26, 2009)]
[Senate]
[Page S10733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 INFLUENZA PANDEMIC IN 
                        THE UNITED STATES--PM 36

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

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.

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