U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–011 2009

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

THE PRESIDENT OF THE UNITED STATES 

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 


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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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DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE

2009 H1N1 INFLUENZA PANDEMIC

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)). 


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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. 

Æ 


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