‘‘(A) technology that is particularly suit-
able to the development of an effective biologi-
cal weapon, such as technology that would en-
able synthesis of Tier I agents; 
‘‘(B) features that would enable an indi-
vidual to develop a biological weapon while es-
caping detection; and 
‘‘(C) such other characteristics as the Sec-
retary determines appropriate. 
‘‘(2) REGISTRY AGENTS.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with the Secretary of Agriculture 
and the Secretary of Homeland Security, shall 
establish and maintain by regulation a list of 
biological agents and toxins that have the po-
tential to pose a severe threat to public, animal, 
or plant health but for which the potential to be 
used in a biological attack has not been estab-
lished. 
‘‘(B) DESIGNATION.—Agents listed pursu-
ant to subparagraph (A) shall be designated as 
‘Registry Agents’. 
‘‘(C) EXCLUSION OF SELECT AGENTS.—In 
determining whether to designate a biological 
agent or toxin as a Registry Agent, the Sec-
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retary shall exclude agents or toxins listed pur-
suant to subsection (a)(1) of this section and 
section 212(a)(1) of the Agricultural Bioter-
rorism Protection Act of 2002. 
‘‘(3) REGULATIONS GOVERNING REGISTRATION 
AND DATABASE.— 
‘‘(A) REGULATIONS REQUIRING REGISTRA-
TION.—The Secretary shall by regulation re-
quire the registration with the Secretary of lab-
oratories or other facilities that— 
‘‘(i) meet the criteria established pur-
suant to paragraph (1); or 
‘‘(ii) possess, use, or transfer Registry 
Agents designated under paragraph (2). 
‘‘(B) DATABASE.—The Secretary shall 
maintain a national database that includes the 
locations of each laboratory or other facility re-
quired to be registered under this subsection, 
the criteria established pursuant to paragraph 
(1) that are applicable to the laboratory or fa-
cility, the Registry Agents that are possessed or 
used at or transferred by the laboratory or fa-
cility, and the name of the person that owns or 
controls the laboratory or facility. 
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‘‘(C) 
ADDITIONAL
REGISTRATION
RE-
QUIREMENTS.—An individual who possesses, 
uses, or transfers Registry Agents at a location 
other than a laboratory or other facility shall be 
required to register with the Secretary pursuant 
to this subsection. 
‘‘(4) PENALTIES.—In addition to any other 
penalties that may apply under law, any person who 
violates any provision of this subsection shall be sub-
ject to the United States for a civil penalty in an 
amount not to exceed $25,000 in the case of an indi-
vidual and $50,000 in the case of any other person. 
‘‘(5) ACCESS
TO
DATABASE.—The Secretary 
shall make the database established under para-
graph (3) available to the Secretary of Homeland 
Security, the Secretary of Agriculture, the Secretary 
of Defense, the Attorney General, and such agencies 
as the Secretary determines appropriate. 
‘‘(6) BIOSECURITY AND BIOSAFETY BEST PRAC-
TICES.—The Secretary, in consultation with the Sec-
retary of Homeland Security and the Secretary of 
Agriculture, shall promote biosecurity and biosafety 
best practices to entities registered under paragraph 
(3). 
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