Page:United States Statutes at Large Volume 116 Part 1.djvu/685
PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 659 (i) the agency receiving the single registration form under one of such programs informs the agency administering the other program whether the receiving agency has denied the registration; and (ii) each of such agencies ensures that registrations are entered into the national database of registered persons that is maintained by each such agency. (3) PROCESS OF IDENTIFICATION.— With respect to the process of identification under the section 35 lA program and the section 212 program for names and other identifying information submitted to the Attorney General (relating to certain categories of individuals and entities), the memorandum of understanding under paragraph (1) shall provide for the development and implementation of the following: (A) A procedure through which a person who is required to submit information pursuant to such process makes (in addition to the submission to the Attorney General) a submission, at the option of the person, to either the agency administering the section 35 lA program or the agency administering the section 212 program, but not both, which submission satisfies the requirement of submission for both of such programs. (B) A procedure for the sharing by both of such agencies of information received from the Attorney General by one of such agencies pursuant to the submission under subparagraph (A). (C) A procedure through which the agencies administering such programs concur in determinations that access to overlap agents and toxins will be granted. (4) COORDINATION OF INSPECTIONS AND ENFORCEMENT.— The memorandum of understanding under paragraph (1) shall provide for the development and implementation of procedures under which Federal personnel under the section 35 lA program and the section 212 program may share responsibilities for inspections and enforcement activities under such programs regarding overlap agents and toxins. Activities carried out under such procedures by one of such programs on behalf of the other may be carried out with or without reimbursement by the agency that administers the other program. (5) DATE CERTAIN FOR IMPLEMENTATION.—The memo- Deadline. randum of understanding under paragraph (1) shall be implemented not later than 180 days after the date of the enactment of this Act. Until the single system of registration under paragraph (2) is implemented, persons who possess, use, or transfer overlap agents or toxins shall register under both the section 35 lA program and the section 212 program. (d) JOINT REGULATIONS. —Not later than 18 months after the Deadline. date on which the single system of registration under subsection (c)(2) is implemented, the Secretary of Health and Human Services and the Secretary of Agriculture shall jointly issue regulations for the possession, use, and transfer of overlap agents and toxins that meet the requirements of both the section 351A program and the section 212 program.