[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Notices]
[Pages 3920-3921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1631]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Amendment To Extend the January 24, 2003, Declaration Regarding 
Administration of Smallpox Countermeasures

AGENCY: Office of the Secretary (OS), Department of Health and Human 
Services (HHS).

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 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

[[Page 3921]]

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]
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