Page:United States Statutes at Large Volume 116 Part 1.djvu/683

This page needs to be proofread.

PUBLIC LAW 107-188—JUNE 12, 2002 116 STAT. 657 under section 212(a)(1), In promulgating such rule, the Secretary shall provide written guidance on the manner in which the notice required in subsection (b) is to be provided to the Secretary. (b) DATE CERTAIN FOR NOTICE OF POSSESSION. —Not later than 60 days after the date on which the Secretary promulgates the interim final rule under subsection (a), all persons (unless exempt under section 212(g)) in possession of biological agents or toxins included on the list referred to in subsection (a) shall notify the Secretary of such possession. (c) 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 shall promulgate an interim final rule for carrying out section 212, other than for the list referred to in subsection (a) of this section (but such rule may incorporate by reference provisions promulgated pursuant to subsection (a)). Such interim final rule shall take effect 60 days after the date on which such rule is promulgated, including for purposes of— (1) section 175b(c) of title 18, United States Code (relating to criminal penalties), as added by section 231(a)(5) of this Act; and (2) section 212(i) of this Act (relating to civil penalties). (d) TRANSITIONAL PROVISION REGARDING CURRENT RESEARCH AND EDUCATION. — The interim final rule under subsection (c) shall include time frames for the applicability of the rule that minimize disruption of research or educational projects that involve biological agents and toxins listed pursuant to section 212(a)(1) and that were underway as of the effective date of such rule. Guidelines. Rules. Subtitle C—Interagency Coordination Regarding Overlap Agents and Toxins SEC. 221. INTERAGENCY COORDINATION. j (a) IN GENERAL.— (1) COORDINATION. — The Secretary of Agriculture and the Secretary of Health and Human Services shall in accordance with this section coordinate activities regarding overlap agents and toxins. (2) OVERLAP AGENTS AND TOXINS; OTHER TERMS.— For purposes of this section: (A) The term "overlap agent or toxin" means a biological agent or toxin thatr— (i) is listed pursuant to section 315A(a)(l) of the Public Health Service Act, as added by section 201 of this Act; and (ii) is listed pursuant to section 212(a)(1) of this Act. (B) The term "section 35lA program" means the program under section 35 lA of the Public Health Service Act. (C) The term "section 212 program" means the program under section 212 of this Act. (b) CERTAIN MATTERS. —In carrying out the section 35lA program and the section 212 program, the Secretary of Health and Human Services and the Secretary of Agriculture shall, to the 7 USC 8411.