[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3033 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3033

 To control the transfer within the United States of infectious agents 
 which have the potential to pose a severe threat to the public health 
                  and safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1996

Mr. Markey (for himself, Mr. Kasich, Mr. Kennedy of Massachusetts, Mr. 
  Frost, and Mr. Johnston of Florida) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To control the transfer within the United States of infectious agents 
 which have the potential to pose a severe threat to the public health 
                  and safety, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infectious Agents Control Act of 
1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) certain infectious agents have the potential to pose a 
        severe threat to the public health and safety;
            (2) such agents could be used as weapons by individuals or 
        organizations for the purpose of domestic or international 
        terrorism or for other criminal purposes;
            (3) transfer and possession of potentially hazardous 
        infectious agents must be regulated in order to protect the 
        public health and safety; and
            (4) efforts to protect the public from exposure to such 
        agents must also ensure that individuals and groups with 
        legitimate research objectives continue to have access to such 
        agents when they are needed to achieve those objectives.

SEC. 3. TIME LIMITS FOR RULES REGARDING THE CONTROL OF TRANSFERS OF 
              CERTAIN INFECTIOUS AGENTS WITHIN THE UNITED STATES.

    The Secretary of Health and Human Services shall issue--
            (1) proposed rules not later than 180 days after the date 
        of the enactment of this Act; and
            (2) final rules not later than 360 days after the date of 
        the enactment of this Act,
to regulate the transfer within the United States of infectious agents 
which have the potential to pose a severe threat to the public health 
and safety.

SEC. 4. SCOPE OF RULES.

    In the rules under section 3, the Secretary shall--
            (1) establish and maintain a list of infectious agents 
        which have the potential to pose a severe threat to the public 
        health and safety under section 5; and
            (2) regulate the transfer of such agents under section 6.

SEC. 5. LIST OF INFECTIOUS AGENTS THAT HAVE THE POTENTIAL TO POSE A 
              SEVERE THREAT TO THE PUBLIC HEALTH AND SAFETY.

    The Secretary, in determining whether to include a particular agent 
on the list required under section 4(1), shall--
            (1) consider--
                    (A) the effect on human health of exposure ti) the 
                following new clause: ``(ii) is described in section 
                2421, 2422, or 2423 of title 18, United States Code 
                (relating to transportation for the purpose of 
                prostitution) for commercial advantage; or''; (3) by 
                amending subparagraph (N) to read as follows: ``(N) an 
                offense described in paragraph (1)(A) or (2) of section 
                274(a) (relasection 4(2) shall provide for--
            (1) the establishment and enforcement of safety procedures 
        for transferors and transferees of agents listed under section 
        5, including measures to--
                    (A) ensure proper training and appropriate skills 
                to handle such agents; and
                    (B) ensure proper laboratory facilities to contain 
                and to dispose of such agents;
            (2) safeguards to prevent access to such agents for use in 
        domestic or international terrorism or for any other criminal 
        purposes;
            (3) the establishment and enforcement of procedures to 
        protect the public safety in case of a transfer or potential 
        transfer of such agents in violation of paragraphs (1) or (2); 
        and
            (4) appropriate availability of such agents for research, 
        education, or other legitimate purposes.

SEC. 7. ENFORCEMENT.

    (a) Civil Penalty.--The Secretary may assess a civil penalty of not 
more than $5,000 against a person who negligently violates a rule made 
to carry out sections 6(1) through 6(3).
    (b) Procedures.--The provisions of subsections (c) through (l) of 
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) apply to 
civil money penalties under this section in the same manner as they 
apply to a civil penalty or proceeding under section 1128A(a) of such 
Act.
    (c) Criminal Penalty.--Whoever knowingly violates a rule made to 
carry out sections 6(1) through 6(3) shall be fined under title 18, 
United States Code, or imprisoned for not more than 5 years, or both.
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