[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4918-4919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-820]


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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, as Amended on January 24, 
2004 and January 24, 2005

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, 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

[[Page 4919]]

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.
[FR Doc. 06-820 Filed 1-24-06; 4:50 pm]
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