[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3160 Engrossed in House (EH)]
1st Session
H. R. 3160
_______________________________________________________________________
AN ACT
To amend the Antiterrorism and Effective Death Penalty Act of 1996 with
respect to the responsibilities of the Secretary of Health and Human
Services regarding biological agents and toxins, and to amend title 18,
United States Code, with respect to such agents and toxins.
107th CONGRESS
1st Session
H. R. 3160
_______________________________________________________________________
AN ACT
To amend the Antiterrorism and Effective Death Penalty Act of 1996 with
respect to the responsibilities of the Secretary of Health and Human
Services regarding biological agents and toxins, and to amend title 18,
United States Code, with respect to such agents and toxins.
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 ``Bioterrorism Prevention Act of
2001''.
SEC. 2. EXPANSION OF BIOLOGICAL WEAPONS STATUTE.
(a) Select Agents.--
(1) In general.--Section 175 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
subsection:
``(b) Select Agents.--
``(1) Unsafe handling.--
``(A) In general.--Whoever possesses, uses, or
exercises control over a select agent in a manner
constituting reckless disregard for the public health
and safety, knowing the select agent to be a biological
agent or toxin, shall be fined under this title,
imprisoned for not more than one year, or both.
``(B) Aggravated offense.--Whoever, in the course
of a violation of subparagraph (A), causes bodily
injury to another shall be fined under this title, or
imprisoned for not more than 10 years, or both; except
that if death results from such violation, the person
committing the violation shall be fined under this
title, or imprisoned for any term of years or for life,
or both.
``(2) Unregistered for possession.--Whoever knowingly
possesses a biological agent or toxin where such agent or toxin
is a select agent for which such person has not obtained a
registration under section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(3) Transfer to unregistered person.--Whoever knowingly
transfers a select agent to a person who has not obtained a
registration under section 511(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(4) Restricted persons.--Whoever is a restricted person
and knowingly ships or transports a select agent in interstate
or foreign commerce, or knowingly receives a select agent so
shipped or transported, or knowingly possesses a select agent
in or affecting interstate or foreign commerce, shall be fined
under this title, or imprisoned for not more than 5 years, or
both. The preceding sentence does not apply with respect to any
duly authorized governmental activity under title V of the
National Security Act of 1947.''.
(2) Definitions.--Section 175 of title 18, United States
Code, as amended by paragraph (1) of this subsection, is
amended by amending subsection (c) to read as follows:
``(c) Definitions.--As used in this section:
``(1) The terms `biological agent' and `toxin' have the
meanings given such terms in section 178, except that, for
purposes of subsection (b), such terms do not encompass any
biological agent or toxin that is in its naturally occurring
environment, if the biological agent or toxin has not been
cultivated, cultured, collected, or otherwise extracted from
its natural source.
``(2) The term `bodily injury' has the meaning given such
term in section 1365.
``(3) The term `for use as a weapon' includes the
development, production, transfer, acquisition, retention, or
possession of any biological agent, toxin, or delivery system,
other than for prophylactic, protective, or other peaceful
purposes.
``(4)(A) The term `restricted person' means a person--
``(i) who is described in section 922(g), as such
section was in effect on the day before the effective
date of this paragraph; or
``(ii) who is an alien, other than an alien
lawfully admitted for permanent residence or an alien
who under subparagraph (B) is considered not to be a
restricted person.
``(B) For purposes of subparagraph (A)(ii):
``(i) An alien is considered not to be a restricted
person if the alien is within a category designated
under clause (ii) of this subparagraph.
``(ii) The Secretary of Health and Human Services,
in consultation with the Attorney General, may
designate categories of individuals who have--
``(I) nonimmigrant visas as defined in
section 101(a)(26) of the Immigration and
Nationality Act; and
``(II) expertise valuable to the United
States regarding select agents.
``(5) The term `select agent' means a biological agent or
toxin, as defined in paragraph (1), that--
``(A) is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132); and
``(B) has not been exempted from the applicability
of regulations under section 511(e) of such Act.''.
(3) Effective date regarding restricted persons;
regulations.--
(A) Effective date.--Section 175(b)(4) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section, takes effect upon the expiration of the
90-day period beginning on the date of the enactment of
this Act.
(B) Regulations.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall determine whether the
Secretary will designate any categories or individuals
for purposes of section 175(c)(4)(B) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section. If the Secretary determines that one or
more such categories will be designated, the Secretary
shall promulgate an interim final rule for purposes of
such section not later than 60 days after such date of
enactment.
(4) Conforming amendment.--Section 175(a) of title 18,
United States Code, is amended in the second sentence by
striking ``under this section'' and inserting ``under this
subsection''.
(b) Amendments to Antiterrorism and Effective Death Penalty Act of
1996.--
(1) Possession and use.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) by striking subsection (f);
(ii) by redesignating subsection (g) as
subsection (i); and
(iii) by inserting after subsection (e) the
following subsection:
``(f) Possession and Use of Listed Biological Agents and Toxins.--
``(1) In general.--The Secretary shall by regulation
provide for the establishment and enforcement of standards and
procedures governing the possession and use of biological
agents and toxins listed pursuant to subsection (d)(1) in order
to protect the public health and safety, including safeguards
to prevent access to such agents and toxins for use in domestic
or international terrorism or for any other criminal purpose.
``(2) Registration.--Regulations under paragraph (1) shall
provide for registration requirements regarding the possession
and use of biological agents and toxins listed pursuant to
subsection (d)(1).''.
(B) Regulations.--
(i) Date certain for promulgation;
effective date regarding criminal and civil
penalties.--Not later than 30 days after the
date of the enactment of this Act, the
Secretary of Health and Human Services shall
promulgate an interim final rule for carrying
out section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996, as added
by subparagraph (A) of this paragraph. Such
interim final rule takes effect 60 days after
the date on which such rule is promulgated,
including for purposes of--
(I) section 175(b)(2) of title 18,
United States Code (relating to
criminal penalties), as added by
subsection (a)(1)(B) of this section;
and
(II) section 511(h) of the
Antiterrorism and Effective Death
Penalty Act of 1996 (relating to civil
penalties), as added by paragraph (3)
of this subsection.
(ii) Submission of registration
applications.--In the case of a person who, as
of the date of the enactment of this Act, is in
possession of a biological agent or toxin that
is listed pursuant to section 511(d)(1) of the
Antiterrorism and Effective Death Penalty Act
of 1996, such person shall, in accordance with
the interim final rule promulgated under clause
(i), submit an application for a registration
to possess such agent or toxin not later than
30 days after the date on which such rule is
promulgated.
(2) Disclosures of information.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996, as amended by
paragraph (1) of this subsection, is amended by
inserting after subsection (f) the following
subsection:
``(g) Disclosure of Information.--
``(1) In general.--Any information in the possession of any
Federal agency that identifies a person, or the geographic
location of a person, who is registered pursuant to regulations
under this section (including regulations promulgated before
the effective date of this subsection), and any site-specific
information relating to the type, quantity, or identity of a
biological agent or toxin listed pursuant to subsection (d)(1)
or the site-specific security mechanisms in place to protect
such agents and toxins, shall not be disclosed under section
552(a) of title 5, United States Code.
``(2) Disclosures for public health and safety; congress.--
Nothing in this section may be construed as preventing the head
of any Federal agency--
``(A) from making disclosures of information
described in paragraph (1) for purposes of protecting
the public health and safety; or
``(B) from making disclosures of such information
to any committee or subcommittee of the Congress with
appropriate jurisdiction, upon request.''.
(B) Effective date.--The effective date for the
amendment made by subparagraph (A) shall be the same as
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).
(3) Civil penalties.--Section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996, as amended by paragraphs
(1) and (2) of this subsection, is amended by inserting after
subsection (g) the following subsection:
``(h) Civil Penalty.--Any person who violates a regulation under
subsection (e) or (f) shall be subject to the United States for a civil
penalty in an amount not exceeding $250,000 in the case of an
individual and $500,000 in the case of any other person.''.
(4) Clarification of scope of select agent rule; terrorism;
responsibilities of secretary of health and human services.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) in each of subsections (d) and (e)--
(I) by inserting ``and toxins''
after ``agents'' each place such term
appears; and
(II) by inserting ``or toxin''
after ``agent'' each place such term
appears; and
(ii) in subsection (i) (as redesignated by
paragraph (1) of this subsection), in paragraph
(1), by striking ``the term `biological agent'
has'' and inserting ``the terms `biological
agent' and `toxin' have''.
(B) Effective date.--The effective date for the
amendments made by subparagraph (A) shall be as if the
amendments had been included in the enactment of
section 511 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132).
(5) Conforming amendments.--Section 511 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132) is amended--
(A) in subsection (d)(1)(A), by striking ``shall,
through regulations promulgated under subsection (f),''
and inserting ``shall by regulation'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``shall, through regulations
promulgated under subsection (f),'' and inserting
``shall by regulation'';
(C) in subsection (d)--
(i) in the heading for the subsection, by
striking ``Agents'' and inserting ``Agents and
Toxins''; and
(ii) in the heading for paragraph (1), by
striking ``agents'' and inserting ``agents and
toxins''; and
(D) in the heading for subsection (e), by striking
``Agents'' and inserting ``Agents and Toxins''.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human Services,
after consultation with other appropriate Federal agencies, shall
submit to the Congress a report that--
(1) describes the extent to which there has been compliance
by governmental and private entities with applicable
regulations under section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132),
including the extent of compliance before the date of the
enactment of this Act, and including the extent of compliance
with regulations promulgated after such date of enactment;
(2) describes the future plans of the Secretary for
determining compliance with regulations under such section 511
and for taking appropriate enforcement actions; and
(3) provides any recommendations of the Secretary for
administrative or legislative initiatives regarding such
section 511.
Passed the House of Representatives October 23, 2001.
Attest:
Clerk.