A declaration under the Public Readiness and Emergency Preparedness Act has been issued regarding anthrax.


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[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]
[Page 58239-58242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc08-76]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Declaration Under the Public Readiness and Emergency Preparedness Act

October 1, 2008.
AGENCY: Office of the Secretary (OS), Department of Health and Human
Services (HHS).

ACTION: Notice.

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SUMMARY: Declaration pursuant to section 319F-3 of the Public Health
Service Act (42 U.S.C. 247d-6d) to provide targeted liability
protections for anthrax countermeasures based on a credible risk that
the threat of exposure to Bacillus anthracis and the resulting disease
constitutes a public health emergency.

DATES: This notice and the attached declaration are effective as of the
date of signature of the declaration.

[...]

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Note the term "credible risk". Funny it took them so long to get around to this. Wasn't the "credible risk" back in 2001? Is there a new risk?

I am guessing that the recent revelation that it was U. S. researcher Bruce Ivans who performed the attacks in 2001 reminded some government official that bioterrorism is still a threat and that prompted this declaration.

It is interesting to note that the declaration prevents the government planners from seizing stockpiles of anthrax antidote. "Countermeasures" must be obtained on a voluntary basis. They cannot be seized. Legal immunity is given to government planners should their actions result in "loss" during the administering of the countermeasure (see 42 U.S.C Sec. 247d-6d dated 01/02/2006). This includes if the countermeasure was somehow defective or even ineffective. Under Title 42, the fact that a declaration on specifically anthrax has been issued is somewhat frightening.

One must wonder why now? After all these years?




... No... I don't wanna wear the tinfoil hat!



It clashes with my tinfoil vest.