Page:United States Statutes at Large Volume 116 Part 1.djvu/678

 116 STAT. 652 PUBLIC LAW 107-188-JUNE 12, 2002 any law enforcement agency, or to substitute a summary of the information to which the person may respond. Any order by the court authorizing the disclosure of information that the United States believes could compromise national security or an investigation by any law enforcement agency shall be subject to the processes set forth in subparagraphs (A) and (B)(i) of section 2339B(f)(5) of title 18, United States Code (relating to interlocutory appeal and expedited consideration). (ii) DISCLOSURE OF INFORMATION.— In a review under subparagraph (A), and in any judical proceeding conducted pursuant to such review, neither the Secretary nor the Attorney General may be required to 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) OVERLAP AGENTS AND TOXINS.— (A) IN GENERAL.— (i) LIMITATION.— In the case of overlap agents and toxins, exemptions from the applicability of provisions of regulations under subsection (b) or (c) may be granted only to the extent provided in this paragraph. (ii) DEFINITIONS.— For purposes of this section: (I) The term "overlap agents and toxins" means biological agents and toxins that— (aa) are listed pursuant to subsection (a)(1); and (bb) are listed pursuant to section 315A(a)(l) of the Public Health Service Act. (II) The term "overlap agent or toxin" means a biological agent or toxin that— (aa) is listed pursuant to subsection (a)(1); and (bb) is listed pursuant to section 315A(a)(l) of the Public Health Service Act. (B) CLINICAL OR DIAGNOSTIC LABORATORIES.—Regulations under subsections (b) and (c) shall exempt clinical or diagnostic laboratories and other persons who possess, use, or transfer overlap agents or toxins that are contained in specimens presented for diagnosis, verification, or proficiency testing, provided that—

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