05-1479. 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.

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 [phone] (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 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.