Page:United States Statutes at Large Volume 116 Part 1.djvu/664

 116 STAT. 638 PUBLIC LAW 107-18a-JUNE 12, 2002 "(11) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans; "(III) the availability and effectiveness of pharmacotherapies and immunizations to treat and prevent any illness resulting from infection by the agent or toxin; and "(IV) any other criteria, including the needs of children and other vulnerable populations, that the Secretary considers appropriate; and "(ii) consult with appropriate Federal departments and agencies and with scientific experts representing appropriate professional groups, including groups with pediatric expertise. "(2) BIENNIAL REVIEW.— The Secretary shall review and republish the list under paragraph (1) biennially, or more often as needed, and shall by regulation revise the list as necessary in accordance with such paragraph. " (b) REGULATION OF TRANSFERS OF LISTED AGENTS AND TOXINS. —The Secretary shall by regulation provide for— "(1) the establishment and enforcement of safety procedures for the transfer of listed agents and toxins, including measures to ensure— "(A) proper training and appropriate skills to handle such agents and toxins; and "(B) proper laboratory facilities to contain and dispose of such agents and toxins; "(2) the establishment and enforcement of safeguard and security measures to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose; "(3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of such an agent or toxin in violation of the safety procedures established under paragraph (1) or the safeguard and security measures established under paragraph (2); and "(4) appropriate availability of biological agents and toxins for research, education, and other legitimate purposes. "(c) POSSESSION AND USE OF LISTED AGENTS AND TOXINS.— The Secretary shall by regulation provide for the establishment and enforcement of standards and procedures governing the possession and use of listed agents and toxins, including the provisions described in paragraphs (1) through (4) of subsection (b), in order to protect the public health and safety. "(d) REGISTRATION; IDENTIFICATION; DATABASE.— "(1) REGISTRATION.— Regulations under subsections (b) and (c) shall require registration with the Secretary of the possession, use, and transfer of listed agents and toxins, and shall include provisions to ensure that persons seeking to register under such regulations have a lawful purpose to possess, use, or transfer such agents and toxins, including provisions in accordance with subsection (e)(6). "(2) IDENTIFICATION; DATABASE.—Regulations under subsections (b) and (c) shall require that registration include (if available to the person registering) information regarding the characterization of listed agents and toxins to facilitate their

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