Page:United States Statutes at Large Volume 116 Part 1.djvu/671

 PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 645 "(5) DISCLOSURES TO CONGRESS; OTHER DISCLOSURES.— Th is subsection may not be construed as providing any authority— "(A) to withhold information from the Congress or any committee or subcommittee thereof; or "(B) to withhold information from any person under any other Federal law or treaty, "(i) CIVIL MONEY PENALTY.— "(1) IN GENERAL.—In addition to any other penalties that may apply under law, any person who violates any provision of regulations under subsection (b) or (c) shall be subject to the United States for a civil money penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. "(2) APPLICABILITY OF CERTAIN PROVISIONS. —The provisions of section 1128A of the Social Security Act (other than subsections (a), (b), (h), and (i), the first sentence of subsection (c), and paragraphs (1) and (2) of subsection (f)) shall apply to a civil money penalty under paragraph (1) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of such Act. The Secretary may delegate authority under this subsection in the same manner as provided in section 1128A(j)(2) of the Social Security Act, and such authority shall include all powers as contained in section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). "(j) NOTIFICATION IN EVENT OF RELEASE.— Regulations under subsections (b) and (c) shall require the prompt notification of the Secretary by a registered person whenever a release, meeting criteria established by the Secretary, of a listed agent or toxin has occurred outside of the biocontainment area of a facility of the registered person. Upon receipt of such notification and a finding by the Secretary that the release poses a threat to public health or safety, the Secretary shall take appropriate action to notify " relevant State and local public health authorities, other relevant Federal authorities, and, if necessary, other appropriate persons (including the public). If the released listed agent or toxin is an overlap agent or toxin (as defined in subsection (1)), the Secretary shall promptly notify the Secretary of Agriculture upon notification by the registered person. "(k) REPORTS. — The Secretary shall report to the Congress annually on the number and nature of notifications received under subsection (e)(8) (relating to theft or loss) and subsection (j) (relating to releases). "(1) DEFINITIONS.— For purposes of this section: "(1) The terms 'biological agent' and 'toxin' have the meanings given such terms in section 178 of title 18, United States Code. "(2) The term 'listed agents and toxins' means biological agents and toxins listed pursuant to subsection (a)(1). "(3) The term 'listed agents or toxins' means biological agents or toxins listed pursuant to subsection (a)(1). "(4) The term 'overlap agents and toxins' means biological agents and toxins that— "(A) are listed pursuant to subsection (a)(1); and "(B) are listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002. "(5) The term 'overlap agent or toxin' means a biological agent or toxin that—

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