Page:United States Statutes at Large Volume 110 Part 2.djvu/111

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1285 (B) CRITERIA.— In determining whether to include an agent on the Hst under subparagraph (A), the Secretary shall— (i) consider— (I) the effect on human health of exposure to the agent; (II) the degree of contagiousness of the agent and the methods by which the agent is transferred to humans; (III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent; and (IV) any other criteria that the Secretary considers appropriate; and (ii) consult with scientific experts representing appropriate professional groups. (e) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS.— The Secretary' shall, through regulations promulgated under subsection (f), provide for— (1) the establishment and enforcement of safety procedures for the transfer of biological agents listed pursuant to subsection (d)(1), including measures to ensure— (A) proper training and appropriate skills to handle such agents; and (B) proper laboratory facilities to contain and dispose of such agents; (2) safeguards to prevent access to such agents 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 a biological agent in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. (f) REGULATIONS.— The Secretary shall carry out this section by issuing— (1) proposed rules not later than 60 days after the date of enactment of this Act; and (2) final rules not later than 120 days after the date of enactment of this Act. (g) DEFINITIONS. —For purposes of this section— (1) the term "biological agent" has the same meaning as in section 178 of title 18, United States Code; and (2) the term "Secretary" means the Secretary of Health and Human Services.