[Federal Register: January 26, 2005 (Volume 70, Number 16)]
[Notices]
[Page 3708-3709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja05-79]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Amendment To Extend for One Year the January 24, 2003,
Declaration Regarding Administration of Smallpox Countermeasures, as
Amended on January 24, 2004
AGENCY: Office of the Secretary (OS), Department of Health and Human
Services (DHHS).
ACTION: Notice.
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SUMMARY: Concern that terrorists may have access to the smallpox virus
and attempt to use it against the American public and United States
Government facilities abroad continues to exist. The January 24, 2003,
declaration regarding administration of smallpox countermeasures, as
amended on January 24, 2004, is extended for one year until and
including January 23, 2006.
DATES: This Notice is effective as of January 24, 2005.
FOR FURTHER INFORMATION CONTACT: William F. Raub, Ph.D., Principal
Deputy Assistant Secretary for the Office of Public Health and
Emergency Preparedness, 200 Independence Avenue, SW., Washington, DC
20201, Telephone (202) 690-7383 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Section 224(p) of the Public Health Service
Act, which was established by section 304 of the Homeland Security Act
of 2002 and amended by section 3 of the Smallpox Emergency Personnel
Protection Act of 2003 (``SEPPA''), is intended to alleviate certain
liability concerns associated with administration of smallpox
countermeasures and, therefore, ensure that the countermeasures are
available and can be administered in the event of a smallpox-related
actual or potential public health emergency such as a bioterrorist
incident.
On January 24, 2003, due to concerns that terrorists may have
access to the smallpox virus and attempt to use it against the American
public and U.S. Government facilities abroad, the Secretary issued a
declaration making section 224's legal protections available. The
declaration was effective until and including January 23, 2004. On
January 24, 2004, the Secretary amended the definitions contained in
the January 24, 2003 declaration in light of the statutory amendments
in section 3 of SEPPA because such definitions were no longer
appropriate, and extended the declaration for one year until January
23, 2005. Pursuant to section 224(p)(2)(A), the Secretary issues the
amendment below to extend for one year up to and including January 23,
2006 the January 24, 2003 declaration, as amended.
Amendment To Extend January 24, 2003 Declaration, as Amended, Regarding
Administration of Smallpox Countermeasures
I. Policy Determination
The underlying policy determinations of the January 24, 2003
declaration continue to exist, including the heightened concern that
terrorists may
[[Page 3709]]
have access to the smallpox virus and attempt to use it against the
American public and U.S. Government facilities abroad.
II. Amendment of Declaration
I, Claude A. Allen, Acting Secretary of the Department of Health
and Human Services, have concluded, in accordance with the authority
vested in me under section 224(p)(2)(A) of the Public Health Service
Act, that a potential bioterrorist incident makes it advisable to
extend the January 24, 2003 declaration, as amended, regarding
administration of smallpox countermeasures until and including January
23, 2006. The January 24, 2003, declaration, as amended, may be further
amended as circumstances require.
III. Effective Dates
This extension is effective January 24, 2005 until and including
January 23, 2006. The effective period may be extended or shortened by
subsequent amendment to the January 24, 2003, declaration.
Dated: January 21, 2005.
Claude A. Allen,
Acting Secretary.
[FR Doc. 05-1479 Filed 1-25-05; 8:45 am]
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