DEPARTMENT
OF HEALTH AND HUMAN SERVICES
Office of the Secretary
AGENCY: Office of the Secretary (OS),
Department of Health and Human Services
(HHS).
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,
2005.
DATES:
This notice and the attached amendment
are effective as of January 24, 2004.
FOR
FURTHER INFORMATION CONTACT:
William F. Raub, PhD, Acting 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) 690- 5760 (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.
The
Secretary issues the amendment below to:
(1)
Delete the section VI definitions, and
(2) extend the January 24, 2003, declaration
pursuant to section 224(p)(2)(A) of
the Public Health Service Act.
In
deleting the definitions, the Secretary
does not intend to adopt an interpretation
of the statutory amendments as limiting
or denying the remedy of section 224(a)
in any situation where it would have been
available under the statute as originally
enacted and the January 24, 2003, declaration.
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, Tommy G. Thompson, 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, 2005. The January
24, 2003, declaration as hereby amended
may be further amended as circumstances
require. III. Definitions: The definitions
of the January 24, 2003 declaration are
deleted; terms that are used in the declaration
and that are defined in section 224(p)
of the Public Health Service Act shall
have the meanings given in those definitions.
IV. Effective Dates: This extension is
effective January 24, 2004 until and including
January 23, 2005. The effective period
may be extended or shortened by subsequent
amendment to the January 24, 2003, declaration
as hereby amended.
Dated:
January 21, 2004.
Tommy G. Thompson, Secretary.
[FR Doc. 04-1631 Filed 1-26-04; 8:45 am]
