Page:United States Statutes at Large Volume 116 Part 1.djvu/675

 PUBLIC LAW 107-188—JUNE 12, 2002 116 STAT. 649 identification, including their source. The Secretary shall main- Records, tain a national database that includes the names and locations of registered persons, the listed agents and toxins such persons are possessing, using, or transferring, and information regarding the characterization of such agents and toxins, (e) SAFEGUARD AND SECURITY REQUIREMENTS FOR REGISTERED PERSONS. — (1) IN GENERAL.—Regulations under subsections (b) and (c) shall include appropriate safeguard and security requirements for persons possessing, using, or transferring a listed agent or toxin commensurate with the risk such agent or toxin poses to animal and plant health, and animal and plant products (including the risk of use in domestic or international terrorism). The Secretary shall establish such requirements in consultation with the Attorney General, and shall ensure compliance with such requirements as part of the registration system under such regulations. (2) LIMITING ACCESS TO LISTED AGENTS AND TOXINS. — Requirements under paragraph (1) shall include provisions to ensure that registered persons— (A) provide access to listed agents and toxins to only those individuals whom the registered person involved determines have a legitimate need to handle or use such agents and toxins; (B) submit the names and other identifying information for such individuals to the Secretary and the Attorney General, promptly after first determining that the individuals need access under subparagraph (A), and periodically thereafter while the individuals have such access, not less frequently than once every five years; and (C)(i) in the case of listed agents and toxins that are not overlap agents and toxins (as defined in subsection (g)(l)(A)(ii)), limit or deny access to such agents and toxins by individuals whom the Attorney General has identified as within any category under paragraph (3)(B), if limiting or denying such access by the individuals involved is determined appropriate by the Secretary, in consultation with the Attorney General; and (ii) in the case of listed agents and toxins that are overlap agents— (I) deny access to such agents and toxins by individuals whom the Attorney General has identified as within any category referred to in paragraph (3)(B)(i); and (II) limit or deny access to such agents and toxins by individuals whom the Attorney General has identified as within any category under paragraph (3)(B)(ii), if limiting or denying such access by the individuals involved is determined appropriate by the Secretary, in consultation with the Attorney General. (3) SUBMITTED NAMES; USE OF DATABASES BY ATTORNEY GENERAL.— (A) IN GENERAL.—Upon the receipt of names and other identifying information under paragraph (2)(B), the Attorney General shall, for the sole purpose of identifying whether the individuals involved are within any of the

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