Page:United States Statutes at Large Volume 116 Part 1.djvu/668

 116 STAT. 642 PUBLIC LAW 107-188-JUNE 12, 2002 disclose to the public any information that under subsection (h) shall not be disclosed under section 552 of title 5, United States Code. " (8) NOTIFICATIONS REGARDING THEFT OR LOSS OF AGENTS.— Requirements under paragraph (1) shall include the prompt notification of the Secretary, and appropriate Federal, State, and local law enforcement agencies, of the theft or loss of listed agents and toxins. "(9) TECHNICAL ASSISTANCE FOR REGISTERED PERSONS.— The Secretary, in consultation with the Attorney General, may provide technical assistance to registered persons to improve security of the facilities of such persons. "(f) INSPECTIONS.— The Secretary shall have the authority to inspect persons subject to regulations under subsection (b) or (c) to ensure their compliance with such regulations, including prohibitions on restricted persons and other provisions of subsection (e). " (g) EXEMPTIONS.— "(1) CLINICAL OR DIAGNOSTIC LABORATORIES. —Regulations under subsections (b) and (c) shall exempt clinical or diagnostic laboratories and other persons who possess, use, or transfer listed agents or toxins that are contained in specimens presented for diagnosis, verification, or proficiency testing, provided that— "(A) the identification of such agents or toxins is reported to the Secretary, and when required under Federal, State, or local law, to other appropriate authorities; and "(B) such agents or toxins are transferred or destroyed in a manner set forth by the Secretary by regulation. "(2) PRODUCTS. — "(A) IN GENERAL. —Regulations under subsections (b) and (c) shall exempt products that are, bear, or contain listed agents or toxins and are cleared, approved, licensed, or registered under any of the Acts specified in subparagraph (B), unless the Secretary by order determines that applying additional regulation under subsection (b) or (c) to a specific product is necessary to protect public health and safety. "(B) RELEVANT LAWS.— For purposes of subparagraph (A), the Acts specified in this subparagraph are the following: "(i) The Federal Food, Drug, and Cosmetic Act. "(ii) Section 351 of this Act. "(iii) The Act commonly known as the Virus- Serum-Toxin Act (the eighth paragraph under the heading 'Bureau of Animal Industry' in the Act of March 4, 1913; 21 U.S.C. 151-159). "(iv) The Federal Insecticide, Fungicide, and Rodenticide Act. " (C) INVESTIGATIONAL USE. — "(i) IN GENERAL.— The Secretary may exempt an investigational product that is, bears, or contains a listed agent or toxin from the applicability of provisions of regulations under subsection (b) or (c) when such product is being used in an investigation authorized under any Federal Act and the Secretary determines that applying additional regulation under subsection

�