Amendment
To Extend for One Year the January 24,
2003, Declaration Regarding Administration
of Smallpox Countermeasures, as Amended
on January 24, 2004 and January 24, 2005
Federal
Register: January 30, 2006 (Volume
71, Number 19)
DEPARTMENT
OF HEALTH AND HUMAN SERVICES
Office of the Secretary
AGENCY:
Office of the Secretary (OS), Department of Health and Human Services
(DHHS).
ACTION: Notice
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 is revised
to incorporate statutory definitions
from the Smallpox Emergency Personnel
Protection Act of 2003 and extended for
one year until and including January
23, 2007.
DATES:
This notice and the attached amendment
are effective as of January 24, 2006.
FOR
FURTHER INFORMATION CONTACT:
Stewart Simonson, Assistant Secretary
for the Office of Public Health Emergency
Preparedness, Office of the Secretary,
Department of Health and Human Services,
200 Independence Avenue, SW., Washington,
DC 20201, Telephone (202) 205-2882
(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; it included in section VI
a number of definitions, which are
no longer appropriate because of the
statutory amendments in section 3 of
SEPPA. 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. On January 24, 2005,
the Secretary extended the declaration
for another year through January 23,
2006. Pursuant to section 224(p)(2)(A),
the Secretary issues the amendment
below to extend for one year, up to
and including January 23, 2007, the
January 24, 2003 declaration, as amended.
Amendment
To Extend January 24, 2003 Declaration
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 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, Michael O. Leavitt, 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
regarding administration of smallpox
countermeasures until and including
January 23, 2007. The January 24,
2003, declaration as hereby amended
may be further amended as circumstances
require.
III.
Effective Dates: This extension
is effective January 24, 2006 until
and including January 23, 2007. The
effective period may be extended
or shortened by subsequent amendment
to the January 24, 2003, declaration
as hereby amended.
Dated:
January 24, 2006. Michael O. Leavitt,
Secretary.
Amendment
To Extend January 24, 2003 Declaration
Regarding Administration of Smallpox
Countermeasures as Amended on January
24, 2004 and January 24, 2005
I.
Policy Determination: The
underlying policy determinations
of the January 24, 2003 declaration
continue to exist, including the
heightened concern that terrorists
may 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, Michael O. Leavitt, 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
regarding administration of smallpox
countermeasures until and including
January 23, 2007. The January 24,
2003, declaration as hereby amended
may be further amended as circumstances
require.
III.
Effective Dates: This extension
is effective January 24, 2006 until
and including January 23, 2007. The
effective period may be extended
or shortened by subsequent amendment
to the January 24, 2003, declaration
as hereby amended.
Dated:
January 24, 2006. Michael O. Leavitt,
Secretary.
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