42 USC 262a(h)(1)(C): Customs and duties

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

      
 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
   Part F--Licensing of Biological Products and Clinical Laboratories
 
                     subpart 1--biological products
    
          
Sec. 262a. Enhanced control of dangerous biological agents and 
        toxins
        

(a) Regulatory control of certain biological agents and toxins

              (1) List of biological agents and toxins

        (A) In general

            The Secretary shall by regulation establish and maintain a 
        list of each biological agent and each toxin that has the 
        potential to pose a severe threat to public health and safety.

        (B) Criteria

            In determining whether to include an agent or toxin on the 
        list under subparagraph (A), the Secretary shall--
                (i) consider--
                    (I) the effect on human health of exposure to the 
                agent or toxin;
                    (II) the degree of contagiousness of the agent or 
                toxin and the methods by which the agent or toxin is 
                transferred to humans;
                    (III) the availability and effectiveness of 
                pharmacotherapies and immunizations to treat and prevent 
                any illness resulting from infection by the agent or 
                toxin; and
                    (IV) any other criteria, including the needs of 
                children and other vulnerable populations, that the 
                Secretary considers appropriate; and

                (ii) consult with appropriate Federal departments and 
            agencies and with scientific experts representing 
            appropriate professional groups, including groups with 
            pediatric expertise.

                         (2) Biennial review

        The Secretary shall review and republish the list under 
    paragraph (1) biennially, or more often as needed, and shall by 
    regulation revise the list as necessary in accordance with such 
    paragraph.

(b) Regulation of transfers of listed agents and toxins

    The Secretary shall by regulation provide for--
        (1) the establishment and enforcement of safety procedures for 
    the transfer of listed agents and toxins, including measures to 
    ensure--
            (A) proper training and appropriate skills to handle such 
        agents and toxins; and
            (B) proper laboratory facilities to contain and dispose of 
        such agents and toxins;

        (2) the establishment and enforcement of safeguard and security 
    measures to prevent access to such agents and toxins for use in 
    domestic or international terrorism or for any other criminal 
    purpose;
        (3) the establishment of procedures to protect the public safety 
    in the event of a transfer or potential transfer of such an agent or 
    toxin in violation of the safety procedures established under 
    paragraph (1) or the safeguard and security measures established 
    under paragraph (2); and
        (4) appropriate availability of biological agents and toxins for 
    research, education, and other legitimate purposes.

(c) Possession and use of listed agents and toxins

    The Secretary shall by regulation provide for the establishment and 
enforcement of standards and procedures governing the possession and use 
of listed agents and toxins, including the provisions described in 
paragraphs (1) through (4) of subsection (b) of this section, in order 
to protect the public health and safety.

(d) Registration; identification; database

                          (1) Registration

        Regulations under subsections (b) and (c) of this section shall 
    require registration with the Secretary of the possession, use, and 
    transfer of listed agents and toxins, and shall include provisions 
    to ensure that persons seeking to register under such regulations 
    have a lawful purpose to possess, use, or transfer such agents and 
    toxins, including provisions in accordance with subsection (e)(6) of 
    this section.

                    (2) Identification; database

        Regulations under subsections (b) and (c) of this section shall 
    require that registration include (if available to the person 
    registering) information regarding the characterization of listed 
    agents and toxins to facilitate their identification, including 
    their source. The Secretary shall maintain 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) of this section 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 public 
    health and safety (including the risk of use in domestic or 
    international terrorism). The Secretary shall establish such 
    requirements in collaboration with the Secretary of Homeland 
    Security and 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;
            (C) deny access to such agents and toxins by individuals 
        whom the Attorney General has identified as restricted persons; 
        and
            (D) 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 categories specified in subparagraph (B), 
        promptly use criminal, immigration, national security, and other 
        electronic databases that are available to the Federal 
        Government and are appropriate for such purpose.

        (B) Certain individuals

            For purposes of subparagraph (A), the categories specified 
        in this subparagraph regarding an individual are that--
                (i) the individual is a restricted person; or
                (ii) the individual is reasonably suspected by any 
            Federal law enforcement or intelligence agency of--
                    (I) committing a crime set forth in section 
                2332b(g)(5) of title 18;
                    (II) knowing involvement with an organization that 
                engages in domestic or international terrorism (as 
                defined in section 2331 of such title 18) or with any 
                other organization that engages in intentional crimes of 
                violence; or
                    (III) being an agent of a foreign power (as defined 
                in section 1801 of title 50).

        (C) Notification by Attorney General regarding submitted names

            After the receipt of a name and other identifying 
        information under paragraph (2)(B), the Attorney General shall 
        promptly notify the Secretary whether the individual is within 
        any of the categories specified in subparagraph (B).

                   (4) Notifications by Secretary

        The Secretary, after receiving notice under paragraph (3) 
    regarding an individual, shall promptly notify the registered person 
    involved of whether the individual is granted or denied access under 
    paragraph (2). If the individual is denied such access, the 
    Secretary shall promptly notify the individual of the denial.

                        (5) Expedited review

        Regulations under subsections (b) and (c) of this section shall 
    provide for a procedure through which, upon request to the Secretary 
    by a registered person who submits names and other identifying 
    information under paragraph (2)(B) and who demonstrates good cause, 
    the Secretary may, as determined appropriate by the Secretary--
            (A) request the Attorney General to expedite the process of 
        identification under paragraph (3)(A) and notification of the 
        Secretary under paragraph (3)(C); and
            (B) expedite the notification of the registered person by 
        the Secretary under paragraph (4).

          (6) Process regarding persons seeking to register

        (A) Individuals

            Regulations under subsections (b) and (c) of this section 
        shall provide that an individual who seeks to register under 
        either of such subsections is subject to the same processes 
        described in paragraphs (2) through (4) as apply to names and 
        other identifying information submitted to the Attorney General 
        under paragraph (2)(B). Paragraph (5) does not apply for 
        purposes of this subparagraph.

        (B) Other persons

            Regulations under subsections (b) and (c) of this section 
        shall provide that, in determining whether to deny or revoke 
        registration by a person other than an individual, the Secretary 
        shall submit the name of such person to the Attorney General, 
        who shall use criminal, immigration, national security, and 
        other electronic databases available to the Federal Government, 
        as appropriate for the purpose of promptly notifying the 
        Secretary whether the person, or, where relevant, the individual 
        who owns or controls such person, is a restricted person or is 
        reasonably suspected by any Federal law enforcement or 
        intelligence agency of being within any category specified in 
        paragraph (3)(B)(ii) (as applied to persons, including 
        individuals). Such regulations shall provide that a person who 
        seeks to register under either of such subsections is subject to 
        the same processes described in paragraphs (2) and (4) as apply 
        to names and other identifying information submitted to the 
        Attorney General under paragraph (2)(B). Paragraph (5) does not 
        apply for purposes of this subparagraph. The Secretary may 
        exempt Federal, State, or local governmental agencies from the 
        requirements of this subparagraph.

                             (7) Review

        (A) Administrative review

            (i) In general

                Regulations under subsections (b) and (c) of this 
            section shall provide for an opportunity for a review by the 
            Secretary--
                    (I) when requested by the individual involved, of a 
                determination under paragraph (2) to deny the individual 
                access to listed agents and toxins; and
                    (II) when requested by the person involved, of a 
                determination under paragraph (6) to deny or revoke 
                registration for such person.
            (ii) Ex parte review

                During a review under clause (i), the Secretary may 
            consider information relevant to the review ex parte to the 
            extent that disclosure of the information could compromise 
            national security or an investigation by any law enforcement 
            agency.
            (iii) Final agency action

                The decision of the Secretary in a review under clause 
            (i) constitutes final agency action for purposes of section 
            702 of title 5.

        (B) Certain procedures

            (i) Submission of ex parte materials in judicial 
                    proceedings

                When reviewing a decision of the Secretary under 
            subparagraph (A), and upon request made ex parte and in 
            writing by the United States, a court, upon a sufficient 
            showing, may review and consider ex parte documents 
            containing information the disclosure of which could 
            compromise national security or an investigation by any law 
            enforcement agency. If the court determines that portions of 
            the documents considered ex parte should be disclosed to the 
            person involved to allow a response, the court shall 
            authorize the United States to delete from such documents 
            specified items of information the disclosure of which could 
            compromise national security or an investigation by 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 (relating to 
            interlocutory appeal and expedited consideration).
            (ii) Disclosure of information

                In a review under subparagraph (A), and in any judical 
            \1\ 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) of this section shall not be disclosed under section 552 
            of title 5.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``judicial''.
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         (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) of this section to ensure their 
compliance with such regulations, including prohibitions on restricted 
persons and other provisions of subsection (e) of this section.

(g) Exemptions

               (1) Clinical or diagnostic laboratories

        Regulations under subsections (b) and (c) of this section shall 
    exempt clinical or diagnostic laboratories and other persons who 
    possess, use, or transfer listed agents or toxins that are contained 
    in specimens presented for diagnosis, verification, or proficiency 
    testing, provided that--
            (A) the identification of such agents or toxins is reported 
        to the Secretary, and when required under Federal, State, or 
        local law, to other appropriate authorities; and
            (B) such agents or toxins are transferred or destroyed in a 
        manner set forth by the Secretary by regulation.

                            (2) Products

        (A) In general

            Regulations under subsections (b) and (c) of this section 
        shall exempt products that are, bear, or contain listed agents 
        or toxins and are cleared, approved, licensed, or registered 
        under any of the Acts specified in subparagraph (B), unless the 
        Secretary by order determines that applying additional 
        regulation under subsection (b) or (c) of this section to a 
        specific product is necessary to protect public health and 
        safety.

        (B) Relevant laws

            For purposes of subparagraph (A), the Acts specified in this 
        subparagraph are the following:
                (i) The Federal Food, Drug, and Cosmetic Act [21 U.S.C. 
            301 et seq.].
                (ii) Section 262 of this title.
                (iii) The Act commonly known as the Virus-Serum-Toxin 
            Act (the eighth paragraph under the heading ``Bureau of 
            Animal Industry'' in the Act of March 4, 1913; 21 U.S.C. 
            151-159).
                (iv) The Federal Insecticide, Fungicide, and Rodenticide 
            Act [7 U.S.C. 136 et seq.].

        (C) Investigational use

            (i) In general

                The Secretary may exempt an investigational product that 
            is, bears, or contains a listed agent or toxin from the 
            applicability of provisions of regulations under subsection 
            (b) or (c) of this section when such product is being used 
            in an investigation authorized under any Federal Act and the 
            Secretary determines that applying additional regulation 
            under subsection (b) or (c) of this section to such product 
            is not necessary to protect public health and safety.
            (ii) Certain processes

                Regulations under subsections (b) and (c) of this 
            section shall set forth the procedures for applying for an 
            exemption under clause (i). In the case of investigational 
            products authorized under any of the Acts specified in 
            subparagraph (B), the Secretary shall make a determination 
            regarding a request for an exemption not later than 14 days 
            after the first date on which both of the following 
            conditions have been
            met by the person requesting the exemption:
                    (I) The person has submitted to the Secretary an 
                application for the exemption meeting the requirements 
                established by the Secretary.
                    (II) The person has notified the Secretary that the 
                investigation has been authorized under such an Act.

                    (3) Public health emergencies

        The Secretary may temporarily exempt a person from the 
    applicability of the requirements of this section, in whole or in 
    part, if the Secretary determines that such exemption is necessary 
    to provide for the timely participation of the person in a response 
    to a domestic or foreign public health emergency (whether determined 
    under section 247d(a) of this title or otherwise) that involves a 
    listed agent or toxin. With respect to the emergency involved, such 
    exemption for a person may not exceed 30 days, except that the 
    Secretary, after review of whether such exemption remains necessary, 
    may provide one extension of an additional 30 days.

                    (4) Agricultural emergencies

        Upon request of the Secretary of Agriculture, after the granting 
    by such Secretary of an exemption under section 8401(g)(1)(D) of 
    title 7 pursuant to a finding that there is an agricultural 
    emergency, the Secretary of Health and Human Services may 
    temporarily exempt a person from the applicability of the 
    requirements of this section, in whole or in part, to provide for 
    the timely participation of the person in a response to the 
    agricultural emergency. With respect to the emergency involved, the 
    exemption under this paragraph for a person may not exceed 30 days, 
    except that upon request of the Secretary of Agriculture, the 
    Secretary of Health and Human Services may, after review of whether 
    such exemption remains necessary, provide one extension of an 
    additional 30 days.



(h) Disclosure of information



              (1) Nondisclosure of certain information

        No Federal agency specified in paragraph (2) shall disclose 
    under section 552 of title 5 any of the following:
            (A) Any registration or transfer documentation submitted 
        under subsections (b) and (c) of this section for the 
        possession, use, or transfer of a listed agent or toxin; or 
        information derived therefrom to the extent that it identifies 
        the listed agent or toxin possessed, used, or transferred by a 
        specific registered person or discloses the identity or location 
        of a specific registered person.
            (B) The national database developed pursuant to subsection 
        (d) of this section, or any other compilation of the 
        registration or transfer information submitted under subsections 
        (b) and (c) of this section to the extent that such compilation 
        discloses site-specific registration or transfer information.

        
            
 
(C) Any portion of a record that discloses the site-specific or transfer-specific safeguard and security measures used by a registered person to prevent unauthorized access to listed agents and toxins. (D) Any notification of a release of a listed agent or toxin submitted under subsections (b) and (c) of this section, or any notification of theft or loss submitted under such subsections. (E) Any portion of an evaluation or report of an inspection of a specific registered person conducted under subsection (f) of this section that identifies the listed agent or toxin possessed by a specific registered person or that discloses the identity or location of a specific registered person if the agency determines that public disclosure of the information would endanger public health or safety. (2) Covered agencies For purposes of paragraph (1) only, the Federal agencies specified in this paragraph are the following: (A) The Department of Health and Human Services, the Department of Justice, the Department of Agriculture, and the Department of Transportation. (B) Any Federal agency to which information specified in paragraph (1) is transferred by any agency specified in subparagraph (A) of this paragraph. (C) Any Federal agency that is a registered person, or has a sub-agency component that is a registered person. (D) Any Federal agency that awards grants or enters into contracts or cooperative agreements involving listed agents and toxins to or with a registered person, and to which information specified in paragraph (1) is transferred by any such registered person. (3) Other exemptions This subsection may not be construed as altering the application of any exemptions to public disclosure under section 552 of title 5, except as to subsection \2\ 552(b)(3) of such title, to any of the information specified in paragraph (1). --------------------------------------------------------------------------- \2\ So in original. Probably should be ``section''. --------------------------------------------------------------------------- (4) Rule of construction Except as specifically provided in paragraph (1), this subsection may not be construed as altering the authority of any Federal agency to withhold under section 552 of title 5, or the obligation of any Federal agency to disclose under section 552 of title 5, any information, including information relating to-- (A) listed agents and toxins, or individuals seeking access to such agents and toxins; (B) registered persons, or persons seeking to register their possession, use, or transfer of such agents and toxins; (C) general safeguard and security policies and requirements under regulations under subsections (b) and (c) of this section; or (D) summary or statistical information concerning registrations, registrants, denials or revocations of registrations, listed agents and toxins, inspection evaluations and reports, or individuals seeking access to such agents and toxins. (5) Disclosures to Congress; other disclosures This 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) of this section 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 1320a-7a of this title (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 1320a- 7a(a) of this title. The Secretary may delegate authority under this subsection in the same manner as provided in section 1320a-7a(j)(2) of this title, 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) of this section 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 (l) of this section), 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) of this section (relating to theft or loss) and subsection (j) of this section (relating to releases). (l) 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. (2) The term ``listed agents and toxins'' means biological agents and toxins listed pursuant to subsection (a)(1) of this section. (3) The term ``listed agents or toxins'' means biological agents or toxins listed pursuant to subsection (a)(1) of this section. (4) The term ``overlap agents and toxins'' means biological agents and toxins that-- (A) are listed pursuant to subsection (a)(1) of this section; and (B) are listed pursuant to section 8401(a)(1) of title 7. (5) The term ``overlap agent or toxin'' means a biological agent or toxin that-- (A) is listed pursuant to subsection (a)(1) of this section; and (B) is listed pursuant to section 8401(a)(1) of title 7. (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) of this section. (8) The term ``restricted person'' has the meaning given such term in section 175b of title 18. (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. (July 1, 1944, ch. 373, title III, Sec. 351A, as added Pub. L. 107-188, title II, Sec. 201(a), June 12, 2002, 116 Stat. 637; amended Pub. L. 107-296, title XVII, Sec. 1709(a), Nov. 25, 2002, 116 Stat. 2318.) References in Text The Federal Food, Drug, and Cosmetic Act, referred to in subsec.(g)(2)(B)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Act commonly known as the Virus-Serum-Toxin Act, referred to in subsec. (g)(2)(B)(iii), is the eighth paragraph under the heading ``Bureau of Animal Industry'' of act Mar. 4, 1913, ch. 145, 37 Stat. 832, as amended, which is classified generally to chapter 5 (Sec. 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 151 of Title 21 and Tables. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (g)(2)(B)(iv), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (Sec. 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. Section 6 of the Inspector General Act of 1978, referred to in subsec. (i)(2), is section 6 of Pub. L. 95-452, which is set out in the Appendix to Title 5, Government Organization and Employees. Amendments 2002--Subsec. (e)(1). Pub. L. 107-296 substituted ``collaboration with the Secretary of Homeland Security and'' for ``consultation with''. Effective Date of 2002 Amendment Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. Effective Date Pub. L. 107-188, title II, Sec. 203(b), June 12, 2002, 116 Stat. 647, provided that: ``Subsection (h) of section 351A of the Public Health Service Act [subsec. (h) of this sec tion], as added by section 201 of this Act, is deemed to have taken effect on the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 [Pub. L. 104-132, Apr. 24, 1996, 110 Stat. 1214].'' Regulations Pub. L. 107-188, title II, Sec. 203(a), June 12, 2002, 116 Stat. 647, provided that: ``Regulations promulgated by the Secretary of Health and Human Services under section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 [Pub. L. 104-132, set out as a note under section 262 of this title] are deemed to have been promulgated under section 351A of the Public Health Service Act [this section], as added by section 201 of this Act. Such regulations, including the list under [former] subsection (d)(1) of such section 511, that were in effect on the day before the date of the enactment of this Act [June 12, 2002] remain in effect until modified by the Secretary in accordance with such section 351A and with section 202 of this Act [set out as a note below].'' National Science Advisory Board for Biosecurity Pub. L. 109-417, title II, Sec. 205, Dec. 19, 2006, 120 Stat. 2851, provided that: ``The National Science Advisory Board for Biosecurity shall, when requested by the Secretary of Health and Human Services, provide to relevant Federal departments and agencies, advice, guidance, or recommendations concerning-- ``(1) a core curriculum and training requirements for workers in maximum containment biological laboratories; and ``(2) periodic evaluations of maximum containment biological laboratory capacity nationwide and assessments of the future need for increased laboratory capacity.'' Report to Congress Pub. L. 107-188, title II, Sec. 201(b), June 12, 2002, 116 Stat. 646, required the Secretary of Health and Human Services to report to Congress not later than one year after June 12, 2002, on the implementation, compliance, and future plans under this section. Implementation by Department of Health and Human Services Pub. L. 107-188, title II, Sec. 202, June 12, 2002, 116 Stat. 646, provided that: ``(a) Date Certain for Notice of Possession.--Not later than 90 days after the date of the enactment of this Act [June 12, 2002], all persons (unless exempt under subsection (g) of section 351A of the Public Health Service Act [subsec. (g) of this section], 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 [this section] 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 [June 12, 2002], the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 351A of the Public Health Service Act [this section], 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-- ``(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 351A(i) of the Public Health Service Act [subsec. (i) of this section] (relating to civil penalties). ``(c) Transitional Provision Regarding Current Research and Education.--The interim final rule under subsection (b) 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 351A(a)(1) of the Public Health Service Act [subsec. (a)(1) of this section] and that were underway as of the effective date of such rule.''