31 January 2005
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[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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