Page:United States Statutes at Large Volume 116 Part 1.djvu/672

 116 STAT. 646 PUBLIC LAW 107-188-JUNE 12, 2002 Deadline. 42 USC 262a note. Deadlines. 42 USC 262a note. Guidelines. Rules. "(A) is listed pursuant to subsection (a)(1); and "(B) is listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002. "(6) The term 'person' includes Federal, State, and local governmental entities. "(7) The term 'registered person' means a person registered under regulations under subsection (b) or (c). "(8) The term 'restricted person' has the meaning given such term in section 175b of title 18, United States Code. "(m) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2007.". (b) REPORT TO CONGRESS.— Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to the Congress a report that— (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 35lA of the Public Health Service Act (as added by subsection (a) of this section), including the extent of compliance before the date of the enactment of this Act, and including the extent of compliance with regulations promulgated after such date of enactment; (2) describes the actions to date and future plans of the Secretary for updating the list of biological agents and toxins under such section 35lA; (3) describes the actions to date and future plans of the Secretary for determining compliance with regulations under such section 35 lA and for taking appropriate enforcement actions; (4) evaluates the impact of such section 35 lA on research on biological agents and toxins listed pursuant to such section; and (5) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 35 lA SEC. 202. IMPLEMENTATION BY DEPARTMENT OF HEALTH AND HUMAN SERVICES. (a) DATE CERTAIN FOR NOTICE OF POSSESSION.— Not later than 90 days after the date of the enactment of this Act, all persons (unless exempt under subsection (g) of section 35 lA of the Public Health Service Act, as added by section 201 of this Act) in possession of biological agents or toxins listed under such section 351A of the Public Health Service Act shall notify the Secretary of Health and Human Services of such possession. Not later than 30 days after such date of enactment, the Secretary shall provide written guidance on how such notice is to be provided to the Secretary. (b) DATE CERTAIN FOR PROMULGATION; EFFECTIVE DATE REGARDING CRIMINAL AND CIVIL PENALTIES. —Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 35 lA of the Public Health Service Act, subject to subsection (c). Such interim final rule shall take effect 60 days after the date on which such rule is promulgated, including for purposes of—

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