[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3202 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3202

   To amend title 18, United States Code, with respect to biological 
                                weapons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 12 (legislative day, September 22), 2000

   Mr. Biden introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, with respect to biological 
                                weapons.

    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 ``Dangerous Biological Agent and Toxin 
Control Act of 2000''.

SEC. 2. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

    (a) Findings and Purposes.--
            (1) Findings.--Congress finds that--
                    (A) certain biological agents and toxins have the 
                potential to pose a severe threat to the Nation's 
                public health and safety, and thereby affect interstate 
                and foreign commerce;
                    (B) the Secretary of Health and Human Services has 
                published a list of biological agents and toxins that 
                pose a severe threat to the Nation's public health and 
                safety as an appendix to part 72 of title 42, Code of 
                Federal Regulations;
                    (C) biological agents and toxins can be used as 
                weapons by individuals or organizations for the purpose 
                of domestic or international terrorism or for other 
                criminal purposes;
                    (D) terrorists and other criminals can also harm 
                national security, drain the limited resources of all 
                levels of government devoted to thwarting biological 
                weapons, and damage interstate and foreign commerce by 
                threatening to use, and by falsely reporting efforts to 
                use, biological agents and toxins as weapons;
                    (E) the Biological Weapons Convention obligates the 
                United States to take necessary measures within the 
                United States to prohibit and prevent the development, 
                production, stockpiling, acquisition, or retention of 
                biological agents and toxins of types and in quantities 
                that have no justification for prophylactic, 
                protective, or other peaceful purposes;
                    (F) the mere possession of biological agents and 
                toxins is a potential danger that affects the 
                obligations of the United States under the Biological 
                Weapons Convention and affects interstate and foreign 
                commerce; and
                    (G) persons in possession of harmful biological 
                agents and toxins should handle them in a safe manner 
                and, in the case of agents and toxins listed by the 
                Department of Health and Human Services as posing a 
                severe threat to the Nation's public health and safety, 
                report their possession and the purpose for their 
                possession to the appropriate Federal agency in order 
                to ensure that such possession is for peaceful 
                scientific research or development.
            (2) Purposes.--The purposes of this section are to--
                    (A) strengthen the implementation by the United 
                States of the Biological Weapons Convention and to 
                ensure that biological agents and toxins are possessed 
                for only prophylactic, protective, or other peaceful 
                purposes;
                    (B) establish penalties for the false reporting of 
                violations of chapter 10 of title 18, United States 
                Code (relating to biological weapons); and
                    (C) improve the statutory definitions relating to 
                biological weapons.
    (b) Additional Measures.--
            (1) In general.--Section 175 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(c) Additional Prohibitions Relating to Biological Agents, 
Toxins, and Delivery Systems.--
            ``(1) Unlawful possession.--Whoever knowingly possesses any 
        biological agent, toxin, or delivery system of a type or in a 
        quantity that, under the circumstances, is not reasonably 
        justified by a prophylactic, protective, or other peaceful 
        purpose, shall be fined under this title, imprisoned not more 
        than 10 years, or both. Knowledge of whether the type or 
        quantity of any biological agent, toxin, or delivery system is 
        reasonably justified by a prophylactic, protective, or other 
        peaceful purpose is not an element of the offense. For purposes 
        of this paragraph, the terms `biological agent' and `toxin' do 
        not encompass any biological agent or toxin that is in its 
        naturally occurring environment, if such agent or toxin has not 
        been cultivated, collected, or otherwise extracted from its 
        natural source.
            ``(2) Unsafe handling.--
                    ``(A) In general.--Whoever, with conscious 
                disregard of an unreasonable risk to public health and 
                safety, handles an item knowing it to be a biological 
                agent, toxin, or delivery system in a manner that 
                grossly deviates from accepted norms, shall be fined 
                under this title, imprisoned not more than 1 year, or 
                both.
                    ``(B) Aggravated offense.--Whoever in the course of 
                a violation of subparagraph (A) causes bodily injury 
                (as defined in section 1365(g)(4) of this title) to any 
                individual (other than the perpetrator)--
                            ``(i) shall be fined under this title, 
                        imprisoned not more than 10 years, or both; and
                            ``(ii) if death results from the offense, 
                        shall be fined under this title, imprisoned for 
                        any term of years or for life, or both fined 
                        and imprisoned.
    ``(d) False Information.--
            ``(1) Criminal violation.--Whoever communicates 
        information, knowing the information to be false and under 
        circumstances in which such information may reasonably be 
        believed, concerning the existence of activity that would 
        constitute a violation of subsection (a) or (c) shall be fined 
        under this title, imprisoned not more than 5 years, or both.
            ``(2) Civil penalty.--Whoever communicates information, 
        knowing the information to be false, concerning the existence 
        of activity that would constitute a violation of subsection (a) 
        or (c) is liable to the United States or any State for a civil 
        penalty of the greater of $10,000 or the amount of money 
        expended by the United States or the State in responding to the 
        false information.
    ``(e) Reporting, Transfer, and Possession of Select Agents.--
            ``(1) Obligation to report.--Any person who possesses a 
        select agent shall report such possession to the designated 
        agency, in the manner prescribed by the designated agency, 
        within 72 hours of the effective date of the regulation issued 
        by that agency pursuant to this paragraph or within 72 hours of 
        subsequently obtaining possession of the agent or toxin, except 
        that, if such person is a registered entity, the reporting, if 
        any, shall be in the manner as otherwise directed by regulation 
        by the designated agency. If a person complies with this 
        paragraph, there is no obligation for any employee of such 
        person to file a separate report concerning the employee's 
        possession of a select agent in the workplace of such person.
            ``(2) Criminal penalty for willful failure to report.--Any 
        person who willfully fails to make the report required by 
        paragraph (1) within the prescribed period shall be fined under 
        this title, imprisoned not more than 3 years, or both. In this 
        paragraph, the term `willfully' means an intentional violation 
        of a known duty to report.
            ``(3) Civil penalty for failure to report.--Any person who 
        fails to make the report required by paragraph (1) within the 
        prescribed period is liable to the United States for a civil 
        penalty of $5,000.
            ``(4) Penalty for possession of unreported select agents.--
        Any person who knowingly possesses a biological agent or toxin 
        that is a select agent for which a report required by paragraph 
        (1) has not been made shall be fined under this title, 
        imprisoned not more than 1 year, or both.
            ``(5) Unauthorized transfer of select agents.--Whoever 
        knowingly transfers a select agent to any person who is not a 
        registered entity shall be fined under this title, imprisoned 
        not more than 5 years, or both. For purposes of this paragraph, 
        the term `transfers' does not encompass the transfer of a 
        select agent within the workplace between employees of the same 
        registered entity, or between employees of any person who has 
        filed the report required by paragraph (1), if the transfer is 
        authorized by such entity or person.
            ``(6) Possession of select agents by restricted 
        individuals.--
                    ``(A) Prohibition on possession.--Except as 
                otherwise provided in this section or in section 
                2(b)(3)(G) of the Dangerous Biological Agent and Toxin 
                Control Act of 2000, no restricted individual shall 
                knowingly possess or attempt to possess any biological 
                agent or toxin if that biological agent or toxin is a 
                select agent.
                    ``(B) Penalty.--Any individual who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned not more than 5 years, or both.
                    ``(C) Employers of individuals who possess select 
                agents.--Employers of individuals who will possess 
                select agents in the course of their employment shall 
                require such individuals, prior to being given access 
                to select agents, to complete a form in which the 
                individual affirms or denies the existence of each of 
                the restrictions set forth in section 178(8) of this 
                title. In the case of individuals already employed as 
                of the date of enactment of this subsection who possess 
                select agents in the course of their employment, 
                employers shall, not later than 90 days after the date 
                of enactment of this subsection, require those 
                individuals to complete such a form. Such form shall be 
                retained by the employer for not less than 5 years 
                after the individual terminates his employment with 
                that employer.
                    ``(D) Employees.--
                            ``(i) Whoever willfully and knowingly 
                        falsifies or conceals a material fact or makes 
                        any materially false, fictitious, or fraudulent 
                        statement or representation in completing the 
                        form required under subparagraph (C) shall be 
                        fined under this title, imprisoned not more 
                        than 5 years, or both.
                            ``(ii) The prohibition of subparagraph (A) 
                        does not apply to possession by a restricted 
                        individual of a select agent in the workplace 
                        of his employer if the basis for the 
                        prohibition relates solely to subparagraph (A) 
                        or (B)(i) of section 178(8) of this title and a 
                        determination is made to waive the prohibition 
                        in accordance with the rules and procedures 
                        established pursuant to subsection (f).
                            ``(iii) The prohibition of subparagraph (A) 
                        does not apply to possession by a restricted 
                        individual of a select agent in the workplace 
                        of his employer if the basis for the 
                        prohibition relates solely to subparagraph 
                        (B)(ii) or (G) of section 178(8) of this title 
                        and is more than 5 years old (not counting time 
                        served while in custody), and a determination 
                        is made to waive the prohibition in accordance 
                        with the rules and procedures established 
                        pursuant to subsection (f).
                            ``(iv) For the purposes of this 
                        subparagraph, the term `employer' means any 
                        person who is a registered entity or has filed 
                        the report required by section 175(e)(1) of 
                        this title and employs a restricted individual.
                    ``(E) Certain nonpermanent resident aliens.--The 
                prohibition of subparagraph (A) does not apply to 
                possession by a restricted individual of a select agent 
                if the basis for the prohibition relates solely to 
                subparagraph (F) of section 178(8) of this title, and 
                the restricted individual has received a waiver from 
                the agency designated to carry out the functions of 
                this subparagraph. The designated agency may issue a 
                waiver if it determines, in consultation with the 
                Attorney General, that a waiver is in the public 
                interest.
    ``(f) Waivers of Restrictions on Possession of Select Agents in 
Course of Employment.--The agency designated to carry out this 
subsection, after consultation with appropriate agencies, with 
representatives of the scientific and medical community, and with other 
appropriate public and private entities and organizations (including 
consultation concerning employment practices in working with select 
agents), shall establish the rules and procedures governing waivers of 
the provisions of subsection (e)(6)(A) with respect to possession of 
select agents by restricted individuals in the course of employment. 
Such rules and procedures shall address, among other matters as found 
appropriate by the designated agency, whether (or the circumstances 
under or the extent to which) the determination to grant a waiver shall 
be reserved to the Government, or may be made by the employer (either 
with or without consultation with the Government).
    ``(g) Reimbursement of Costs.--
            ``(1) Convicted defendant.--
                    ``(A) Subsection (a), (c), or (e).--The court shall 
                order any person convicted of an offense under 
                subsection (a), (c), or (e) to reimburse the United 
                States or any State for any expenses incurred by the 
                United States or the State incident to the seizure, 
                storage, handling, transportation, and destruction or 
                other disposal of any property that was seized in 
                connection with an investigation of the commission of 
                such offense by that person.
                    ``(B) Subsection (d)(1).--The court shall order any 
                person convicted of an offense under subsection (d)(1) 
                to reimburse the United States for any expenses 
                incurred by the United States incident to the 
                investigation of the commission by that person of such 
                offense, including the cost of any response made by any 
                Federal military or civilian agency to protect public 
                health or safety.
            ``(2) Owner liability.--The owner or possessor of any 
        property seized and forfeited under this chapter shall be 
        liable to the United States for any expenses incurred incident 
        to the seizure and forfeiture, including any expenses relating 
        to the handling, storage, transportation, and destruction or 
        other disposition of the seized and forfeited property.
            ``(3) Jointly and severally liable.--A person ordered to 
        reimburse the United States for expenses under this chapter 
        shall be jointly and severally liable for such expenses with 
        each other person, if any, who is ordered under this subsection 
        to reimburse the United States for the same expenses.''.
            (2) Technical clarifications.--
                    (A) Section 175.--Section 175(a) of title 18, 
                United States Code, is amended by striking ``section'' 
                and inserting ``subsection''.
                    (B) Section 176.--Section 176(a)(1)(A) of title 18, 
                United States Code, is amended by striking ``exists by 
                reason of'' and inserting ``pertains to''.
            (3) Designation of responsible agencies.--
                    (A) In general.--Not later than 60 days after the 
                date of enactment of this Act, the President shall 
                designate--
                            (i) the agency responsible for prescribing 
                        the regulation required by section 175(e)(1) of 
                        title 18, United States Code;
                            (ii) the agency responsible for granting 
                        the waivers under section 175(e)(6)(E) of title 
                        18, United States Code; and
                            (iii) the agency responsible for 
                        implementing the waiver provisions of section 
                        175(f) of title 18, United States Code.
                    (B) Regulations.--The agencies designated pursuant 
                to subparagraph (A)--
                            (i) shall issue proposed rules not later 
                        than 90 days after the date of the President's 
                        designation; and
                            (ii) shall issue final rules not later than 
                        270 days after the date of enactment of this 
                        Act.
                    (C) Inspections.--The agency designated pursuant to 
                subparagraph (A)(i) may inspect the facilities of any 
                person who files a report required by section 175(e)(1) 
                of title 18, United States Code, to determine whether 
                the person is handling the select agent in a safe 
                manner, whether he is holding such agent for a 
                prophylactic, protective, or other peaceful purpose, 
                and whether the type and quantity being held are 
                reasonable for that purpose. Any agency designated 
                pursuant to subparagraph (A) may inspect any form 
                required by section 175(e)(6)(C) of title 18, United 
                States Code, and any documentation relating to a 
                determination made pursuant to section 175(e)(6)(D) of 
                that title. The designated agency shall endeavor to not 
                interfere with the normal business operations of any 
                such facility.
                    (D) Freedom of information act exemption.--Any 
                information provided to the Secretary of Health and 
                Human Services pursuant to regulations issued under 
                section 511(f) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (42 C.F.R. 72.6) or to the designated agency under 
section 175(e)(1) of title 18, United States Code, shall not be 
disclosed under section 552 of title 5, United States Code. The 
Secretary or the designated agency may use and disclose such 
information to protect the public health, and shall also disclose any 
such relevant information to the Attorney General for use in any 
investigation or other proceeding to enforce any law relating to select 
agents or any other law. Any such information shall be made available 
to any committee or subcommittee of Congress with appropriate 
jurisdiction upon the written request of the Chairman or Ranking Member 
of such committee or subcommittee, except that no such committee or 
subcommittee, and no member and no staff member of such committee or 
subcommittee, shall disclose such information except as otherwise 
required or authorized by law.
                    (E) Clarification of the scope of the select agent 
                rule.--Section 511 of the Antiterrorism and Effective 
                Death Penalty Act of 1996 (Public Law 104-132; 110 
                Stat. 1284) is amended--
                            (i) in each of subsections (a), (d), and 
                        (e)--
                                    (I) by inserting ``and toxins'' 
                                after ``agents'' each place it appears; 
                                and
                                    (II) by inserting ``or toxin'' 
                                after ``agent'' each place it appears; 
                                and
                            (ii) in subsection (g)(1), by striking 
                        ``the term `biological agent' has'' and 
                        inserting ``the terms `biological agent' and 
                        `toxin' have''.
                    (F) Effective dates.--
                            (i) Subparagraph (D) shall take effect on 
                        the effective date for the final rule issued 
                        pursuant to section 511(d)(1) of the 
                        Antiterrorism and Effective Death Penalty Act 
                        of 1996 (Public Law 104-132; 110 Stat. 1284).
                            (ii) The amendments made by subparagraph 
                        (E) shall take effect as if included in the 
                        enactment of section 511 of the Antiterrorism 
                        and Effective Death Penalty Act of 1996 (Public 
                        Law 104-132; 110 Stat. 1284).
                    (G) Transitional exemptions.--
                            (i) The prohibition created by section 
                        175(e)(6)(A) of title 18, United States Code, 
                        shall not apply to the possession of a select 
                        agent in the workplace of an employer (as 
                        defined in section 175(e)(6)(D)(iv) of title 
                        18, United States Code) by a restricted 
                        individual (as defined in subparagraph (A), 
                        (B), or (G) of section 178(8) of title 18, 
                        United States Code), until the effective date 
                        of the regulations issued to implement section 
                        175(f) of title 18, United States Code, or 270 
                        days after the date of enactment of this Act, 
                        whichever occurs earlier.
                            (ii) The prohibition created by section 
                        175(e)(6)(A) of title 18, United States Code, 
                        shall not apply to the possession of a select 
                        agent by a restricted individual (as defined in 
                        section 178(8)(F) of title 18, United States 
                        Code), until the effective date of the 
                        regulations issued to implement section 
                        175(e)(6)(E) of title 18, United States Code, 
                        or 270 days after the enactment of this Act, 
                        whichever occurs earlier.
    (c) Definitional Amendments.--
            (1) Section 178.--Section 178 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1), by striking ``means any 
                microorganism, virus, or infectious substance, or 
                biological product that may be engineered as a result 
                of biotechnology, or any naturally occurring or 
                bioengineered component of any such microorganism, 
                virus, infectious substance, or biological product'' 
                and inserting the following: ``means any microorganism 
                (including, but not limited to, bacteria, viruses, 
                fungi, rickettsiae, or protozoa), or infectious 
                substance, or any naturally occurring, bioengineered or 
                synthesized component of any such microorganism or 
                infectious substance'';
                    (B) in paragraph (2), by striking ``means the toxic 
                material of plants, animals, microorganisms, viruses, 
                fungi, or infectious substances, or a recombinant 
                molecule, whatever its origin or method of production, 
                including'' and inserting the following: ``means the 
                toxic material or product of plants, animals, 
                microorganisms (including, but not limited to, 
                bacteria, viruses, fungi, rickettsiae, or protozoa), or 
                infectious substances, or a recombinant or synthesized 
                molecule, whatever their origin and method of 
                production, and includes'';
                    (C) in paragraph (4)--
                            (i) by striking ``recombinant molecule, or 
                        biological product that may be engineered as a 
                        result of biotechnology'' and inserting 
                        ``recombinant or synthesized molecule''; and
                            (ii) by striking ``and'' at the end;
                    (D) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(6) the term `select agent' means a biological agent or 
        toxin that is on the list established by the Secretary of 
        Health and Human Services pursuant to section 511(d)(1) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 (Public 
        Law 104-132; 110 Stat. 1284) that is not exempted under part 
        72.6(h) of title 42, Code of Federal Regulations or appendix A 
        to such part (or any successor to either such provision), 
        except that the term does not include any such biological agent 
        or toxin that is in its naturally occurring environment, if the 
biological agent or toxin has not been cultivated, collected, or 
otherwise extracted from its natural source;
            ``(7) the term `registered entity' means a registered 
        facility, or a certified laboratory exempted from registration, 
        pursuant to the regulations promulgated by the Secretary of 
        Health and Human Services under section 511(f) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 (42 
        C.F.R. 72.6(a), 72.6(h));
            ``(8) the term `restricted individual' means an individual 
        who--
                    ``(A) is under indictment for a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(B) has been convicted in any court of a crime--
                            ``(i) punishable by imprisonment for a term 
                        exceeding 1 year but not more than 5 years; or
                            ``(ii) punishable by imprisonment for a 
                        term exceeding 5 years;
                    ``(C) is a fugitive from justice;
                    ``(D) is an unlawful user of any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act (21 U.S.C. 802));
                    ``(E) is an alien illegally or unlawfully in the 
                United States;
                    ``(F) is an alien (other than an alien lawfully 
                admitted for permanent residence) who is a national of 
                a country as to which the Secretary of State, pursuant 
                to section 6(j) of the Export Administration Act of 
                1979 (50 U.S.C. App. 2405(j)) (or its successor law), 
                section 620A of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2371), or section 40(d) of the Arms Export 
                Control Act (22 U.S.C. 2780(d)), has made a 
                determination, which remains in effect, that such 
                country has repeatedly provided support for acts of 
                international terrorism; or
                    ``(G) has been discharged from the Armed Forces of 
                the United States under dishonorable conditions;
            ``(9) the term `alien' has the same meaning as in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3));
            ``(10) the term `lawfully admitted for permanent residence' 
        has the same meaning as in section 101(a)(20) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
            ``(11) the term `designated agency' means--
                    ``(A) except as provided in subparagraphs (B) and 
                (C) of this paragraph, the agency designated by the 
                President under section 2(b)(3)(A)(i) of the Dangerous 
                Biological Agent and Toxin Control Act of 2000'';
                    ``(B) for purposes of section 175(e)(6)(E) of this 
                title, the agency designated by the President under 
                section 2(b)(3)(A)(ii) of the Dangerous Biological 
                Agent and Toxin Control Act of 2000; and
                    ``(C) for purposes of section 175(f) of this title, 
                the agency designated by the President under section 
                2(b)(3)(A)(iii) of the Dangerous Biological Agent and 
                Toxin Control Act of 2000; and
            ``(12) the term `State' includes a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States, including any 
        political subdivision thereof.''.
            (2) Section 2332a.--Section 2332a of title 18, United 
        States Code, is amended--
                    (A) in subsection (a), by striking ``, including 
                any biological agent, toxin, or vector (as those terms 
                are defined in section 178)''; and
                    (B) in subsection (c)(2)(C), by striking ``a 
                disease organism'' and inserting ``any biological 
                agent, toxin, or vector (as those terms are defined in 
                section 178 of this title)''.
                                 <all>