[Congressional Record Volume 142, Number 29 (Wednesday, March 6, 1996)]
[Extensions of Remarks]
[Pages E290-E291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   LEGISLATION INTRODUCED BY REPRESENTATIVE ED MARKEY ON BIOLOGICAL 
                                WEAPONS

                                 ______


                       HON. JOSEPH P. KENNEDY II

                            of massachusetts

                    in the house of representatives

                        Wednesday, March 6, 1996

  Mr. KENNEDY of Massachusetts. Mr. Speaker, I rise in strong support 
of legislation introduced by Representatives Markey, Kasich, and myself 
addressing problems associated with biological and chemical weapons and 
the potential threat to the American public.
  Together, we have developed two pieces of legislation: first, the 
measure deals with access to etiological agents, also commonly referred 
to as pathogens, toxins, or disease organisms, and second, a measure, 
which I will introduce in the very near future, deals with the 
appropriate criminal punishments when these agents are used as a weapon 
of mass destruction to cause death or inflict harm or damage.
  John Kasich, Ed Markey, and I intend to offer amendments to the 
comprehensive antiterrorism legislation scheduled for consideration 
before the House of Representatives next week.

[[Page E291]]

  The Kennedy-Kasich-Markey Biological Weapons Restrictions Act of 1996 
would add provisions recommended by the Federal Bureau of 
Investigation, the Justice Department, and the Centers for Disease 
Control [CDC] to current law on weapons of mass destruction and 
biological and chemical weapons by making the criminal misuse of such 
biological organisms a Federal crime.
  On the surface, the bipartisan Kennedy-Kasich-Markey legislation is 
very basic. But it represents some very fundamental and necessary 
changes to current law to fill some very clear gaps identified by the 
FBI and Justice Departments.
  Specifically, the Kennedy-Kasich-Markey bill and amendment would 
amend the Federal criminal statute to impose mandatory penalties.
  First, against anyone who knowingly develops, produces, stockpiles, 
transfers, acquires, or attempts to acquire under false pretenses any 
biological agent, toxin or delivery system for use as weapons, or 
knowingly assists a foreign or any organization to deliver a weapon of 
mass destruction intended to kill, injure or otherwise harm any persons 
living in the United States; and
  Second, against anyone who knowingly attempts, conspires, or 
threatens to use any biological agent, toxin or delivery system for use 
as a weapon, or knowingly assists a foreign state or any organization 
to do so.
  The legislation would also add the term ``recombinant DNA material'' 
to the definitions of what constitutes a potential biological weapon if 
used improperly or as a weapon of mass destruction.
  Finally, the legislation would expand the current definition of what 
constitutes a criminal offense to include those who threaten to use a 
biological weapon to kill or injure another.
  This gap in current law was evident last year, on Good Friday, when, 
in the weeks following the terrorist incidents in Japan involving the 
toxin Sarin, an anonymous threat was lodged against Disneyland and its 
thousands of visitors. The threat demanded a ransom note be paid, or 
the toxic substance would be released in the Disneyland amusement park. 
Fortunately, that incident did not result in the threat being carried 
out, but clearly there is a need to address cases where such threats or 
other acts of extortion would occur.
  In summary, there are two important issues facing this Congress when 
considering biological or chemical weapons legislation.
  The first is how best we can limit access to biological organisms 
that can be used by a domestic terrorist to make a weapon of mass 
destruction without inhibiting the very legitimate research of the 
scientific community in this area. The other issue is how best and how 
swiftly we will address some very glaring gaps in the current weapons 
of mass destruction Federal law.
  The legislation I have developed, the Kennedy-Kasich-Markey 
legislation, addresses issues involving the Federal criminal code, 
title 18 of the United States Code.
  The FBI and the CIA have both testified before Congress that 
terrorism in the form of biological and chemical weapons is the 
greatest law enforcement challenge of the next decade.
  These bills respond to several recent incidents in Ohio, Minnesota, 
and Mississippi where fringe groups were able to acquire dangerous 
viruses, pathogens, and toxins but, fortunately, were stopped before a 
domestic terrorism incident occurred.
  In closing, I'd also restate my support for the approach developed by 
Representative Markey, myself, and others.
  Congressman Markey's legislation would allow the Centers for Disease 
Control to develop regulations limiting the relative easy access to 
these dangerous biological agents to those individuals with insincere 
motives and illegitimate intentions, while also protecting the very 
sincere and legitimate scientific research involving pathogenic or 
etiological material.
  There is obviously legitimate day-to-day research involving these 
dangerous viruses, such as efforts to find an antidote to the Ebola 
virus, ongoing at dozens, if not hundreds of academic laboratories. 
This research is ongoing at both Harvard University and Massachusetts 
Institute of Technology [MIT] in my congressional district. We must 
take the appropriate steps to protect this legitimate research, and I 
believe the Markey-Kennedy-Kasich bill is a reasonable step in this 
direction.

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