[Congressional Record Volume 146, Number 127 (Thursday, October 12, 2000)]
[Senate]
[Pages S10421-S10424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 3202. A bill to amend title 18, United States Code, with respect 
to biological weapons; to the Committee on the Judiciary.


        Dangerous Biological Agent and Toxin Control Act of 2000

  Mr. BIDEN. Mr. President, today I am introducing the Dangerous 
Biological Agent and Toxin Control Act of 2000. Similar legislation was 
originally submitted by the Administration in 1999 as part of a larger 
anti-crime proposal.
  Today a terrorist attack in the United States using chemical or 
biological weapons is one of the most significant terrorist threats we 
face. In recent years, through the ratification of the Chemical Weapons 
Convention and the enactment of the related implementing legislation, 
we have provided several statutory safeguards designed to prevent and 
deter against an attack using chemical weapons. But gaps remain in our 
laws regulating biological pathogens. It is essential not only that 
America be fully prepared to respond to such an attack, but also that 
we take steps to prevent them from happening in the first place.
  Currently, federal law bans only the development and possession of 
biological agents for use as a weapon. But there are sensible things 
that we can do in the near term to give federal law enforcement the 
tools that they need to protect our country from these threats--before 
they materialize into unspeakable scenarios.
  Earlier this year, the National Commission on Terrorism reported to 
Congress. Among its conclusions was that the federal laws regarding the 
possession of dangerous pathogens are currently insufficient. The 
Commission specifically recommended, among other things, that Congress 
make it illegal for anyone not properly certified to possess certain 
critical pathogens. And they were right.
  The bill I introduce today fill several gaps in the law.
  First, the bill will make it unlawful for anyone to possess 
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. Second, the bill 
makes it unlawful to handle a biological agent with conscious disregard 
of an unreasonable risk to public health and safety. Third, the 
legislation makes it unlawful to knowingly communicate false, but 
believable information, concerning an activity which would constitute a 
violation of this statute. Finally, the bill requires people to report 
to the federal government their possession of listed biological agents, 
prohibits the transfer of a listed biological agent to a person who is 
not registered and makes possession by certain restricted persons--such 
as convicted felons--unlawful.
  Closing these gaps in the law would be a modest but important step to 
prevent and deter a terrorist act involving biological agents. This 
should not be a partisan issue. This is an issue of governance, not 
politics. From Wilmington to Washington State, our constituents need 
protection and expect and deserve nothing less.
  Mr. President, I recognize that the Congressional session is about to 
end, and therefore it is too late for the bill to be considered this 
year. But I wanted to introduce the bill now so that it would be 
available for review by my colleagues and other interested parties 
inside and outside of government. In particular, I invite comment by 
interested parties in the scientific community, the business community, 
and the civil liberties community. I regard the bill I introduce today 
as an initial draft that is a work in progress, and I welcome 
constructive comments and suggestions for improvement. I look forward 
to working with my colleagues on the Committee on the Judiciary early 
in the next session of Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3202

       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;

[[Page S10422]]

       (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

[[Page S10423]]

     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

[[Page S10424]]

     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)''.

                          ____________________