[Congressional Record Volume 147, Number 142 (Tuesday, October 23, 2001)]
[House]
[Pages H7139-H7143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BIOTERRORISM ENFORCEMENT ACT OF 2001

  Mr. TAUZIN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3160) 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.
  The Clerk read as follows:

                               H.R. 3160

       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 Enforcement 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

[[Page H7140]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Tauzin) and the gentleman from Michigan (Mr. Dingell) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Tauzin).


                             General Leave

  Mr. TAUZIN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 3160.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to urge the passage by the House of a 
critically important piece of legislation that was reported out of our 
committee in the wake of the horrific events of September 11, this 
bill, the Bioterrorism Enforcement Act of 2001.
  While the weapons of choice on that day were airliners full of 
innocent passengers, rather than the deadly biological agents that we 
have now come to recognize as parts of this war, the most recent 
anthrax cases in Florida, New York, Washington, D.C. and elsewhere 
around the country confirm that this Congress and our Nation ignore the 
real threat of bioterrorism at our own peril. Unfortunately, for too 
long we have simply done that.
  I imagine it would come as quite a shock to most Americans to learn 
that even in the midst of the evolving and unprecedented series of 
anthrax attacks, there are currently no Federal laws or regulations 
governing who may possess such deadly biological agents and under what 
conditions they may possess them and for what purposes.
  For example, under current law, anyone including convicted felons, 
foreign nationals from terrorist-sponsoring states, can lawfully 
possess anthrax or other dangerous bacteria or viruses. They do not 
have to report such possession. They do not have to seek governmental 
approval. They do not even have to be legitimate scientists and working 
in secure laboratories. We have tighter control on the sale of guns in 
this country than we do on the weapons of mass destruction. We have to 
change that today.
  Mr. Speaker, the only current regulations on the books are those 
relating to the shipping and transfer of certain biological agents 
which suffer from poor compliance, and they are very difficult laws to 
enforce. Indeed, under current Federal law, if the FBI or the local 
police discover that a suspected terrorist is in possession of anthrax 
or the plague, for example, the Government can do nothing about it 
unless it can prove a specific intent to use a biological agent as a 
weapon, which often is very hard to do before the fact.
  Our bill will change that and will give law enforcement the tools 
that it needs to help prevent further acts of this kind of 
bioterrorism.
  First, the bill will prohibit certain classes of individuals, such as 
felons, illegal aliens, fugitives and other individuals with 
questionable backgrounds, from possessing these deadly agents for any 
reason, with violations punishable as a felony.
  Second, it will require that all legitimate researchers who work with 
such agents obtain a registration from the Health and Human Services 
Department, which is authorized by this bill to impose and enforce 
requirements relating to the possession, the use, the handling, the 
storage and disposal of these agents. This will help to prevent

[[Page H7141]]

access to them by criminal and terrorist elements.
  Third, it will make the unregistered possession of such agents a 
Federal felony, without requiring law enforcement to prove intent to 
use the agent as a weapon, and will increase the current penalty for 
making an unauthorized transfer of such agents from a Federal 
misdemeanor to a felony.
  Third, this bill will make it a Federal crime to knowingly possess, 
use or exercise control over one of these deadly agents in a manner 
that constitutes a reckless disregard of the public health and safety, 
with increased penalties should actual harm occur from such contact.
  Mr. Speaker, all of these provisions are good. They are common sense 
for deadly and infectious substances, and they are clearly overdue. 
This bill is crafted on a bipartisan basis and with the input of the 
Department of Justice, the FBI, the Department of Health and Human 
Services, and many other interested parties over a long period of time 
predating September 11. It recently passed the Committee on Energy and 
Commerce unanimously, with the strong support of the ranking member and 
cosponsor, the gentleman from Michigan (Mr. Dingell).
  Mr. Speaker, I want to thank the gentleman from Michigan (Mr. 
Dingell) and all of my colleagues on the committee for their support 
and all of their efforts in this area. I urge the entire House to vote 
quickly to approve this important measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DINGELL. Mr. Speaker, I yield myself 3 minutes.
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Speaker, I am pleased to rise in support of the 
legislation and to commend my good friend, the gentleman from Louisiana 
(Mr. Tauzin), for his leadership on this matter.
  The bill was reported by the Committee on Energy and Commerce by 
voice vote on October 3 and was developed on a bipartisan basis. This 
bill, the Bioterrorism Enforcement Act of 2001, is a good start on more 
comprehensive legislation to deal with aspects of the threat of 
bioterrorism which we are now unfortunately facing here in Washington, 
D.C., in Florida, in New York, in New Jersey and other places in this 
country.
  Recently the National Commission on Terrorism, headed by Jim Gilmore 
of Virginia, found that the Federal Government had insufficient 
controls of existing stock of terrorism-friendly pathogens such as 
anthrax and smallpox. Today, as the chairman has noted, it is perfectly 
legal for anyone to possess deadly agents like those, and no one needs 
to be told.
  In fact, although there is a law requiring persons possessing the 
select agents that could be used for biological warfare to register and 
take appropriate steps to protect against release when shipping, it 
only covers the transfer of agents, not the actual possession. As a 
result, the Centers for Disease Control, CDC, has only incomplete 
knowledge of who possesses these agents; and there is no real control 
over the ownership, use, or other things with regard to these agents.
  This bill addresses the very problem with serious criminal penalties. 
It requires that everyone who possesses select agents must register and 
must also meet CDC's safety and security standards. In effect, that 
means none of these agents can be possessed legally outside of an 
approved laboratory. Anybody else who has them will be subject to 5 
years in prison.
  This provision will not allow anyone, whether they obtained the agent 
20 years ago or 20 minute ago, to avoid registering their possession. 
This legislation not only closes that loophole, but makes it a felony 
to transfer select agents without registering and establishes criminal 
penalties for persons who use select agents in a manner that 
constitutes reckless disregard for the public health and safety and 
injures people.
  We can see in the ongoing investigation of the source of the anthrax 
that is found in Florida, New York, New Jersey, and now Washington, 
D.C., that law enforcement has been significantly hampered because 
there has been no national registry of who holds the various anthrax 
strains. A similar situation could arise with any kind of select agent, 
and could do so overnight.
  We have established an ambitious schedule for the Department of 
Health and Human Services to implement this rule, but the legislation 
needs to be implemented forthwith. The standards for possession are 
basically those already established for laboratories when they transfer 
select agents. Establishing a registry for dangerous biological agents 
and setting strict penalties for the unlawful possession of these 
agents is only a beginning in our war against bioterrorism.
  In the future, we need to improve our national health system to deal 
with any possible outbreaks of diseases caused by bioterrorism. I 
commend the chairman for bringing this bill to the floor and urge its 
adoption.
  I would make a couple of private notes here with regard to an 
experience I had last Saturday. I think it would be good for the House 
to consider these matters. Enactment of the legislation before us is 
only the beginning. I would note that the first line of defense is our 
police and local public safety officials, especially the firemen and 
people like that in the communities. I would note that there has been 
inadequate availability of funds on the local level, State level, and 
Federal level.
  I would note that there has been a significant failure of this 
Congress to ensure that monies which were given to States are passed 
through to local levels. I would note that there is an enormous 
deficiency in funding available to the local units of government to do 
this work.
  Mr. Speaker, the House should know it costs about $3,000 for each run 
that the local units of public safety spend when they make a call to 
address the problems of possible anthrax or other bioterrorism agents.

                              {time}  1515

  I would note that all of the State and local units of government are 
running out of money. They also are running out of training, and they 
also are confronting a serious problem where there are no approved labs 
or insufficient numbers of approved labs to cooperate with them in 
providing the necessary safety and security or the identification of 
these agents which are so risky and so dangerous to all of us. I would 
note that almost all of them are running out of money. All of them are 
running into serious difficulty with regard to the Federal Government 
in view of the fact that the Federal Government does not have a program 
to address those matters and that the Federal Government does not 
support them financially. The States do not, either. The consequences 
of this are that if we have an outbreak outside of Washington or in 
other parts of the country, that there will be very, very serious 
effects and there will be enormous difficulty in identifying the agent, 
the hazard, the risk and probably failure to do so in sufficient time 
to see to it that there is not a significant and more broad outbreak of 
the disease which is carried by the specific agent. This is a serious 
matter which requires that the Congress should look into it.
  I commend my good friend the chairman of the committee for his 
leadership in this matter, but I warn my colleagues, we have only begun 
addressing a matter of the most enormous and serious concern to the 
whole of the United States.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume.
  Before I yield to the chairman of the Subcommittee on Oversight and 
Investigations, who has done enormously valuable work on this and other 
areas of bioterrorism concern, I wanted to comment briefly with my 
friend the gentleman from Michigan's comments in mind.
  The first is that while Congress may not have been in session this 
weekend, that we nevertheless were at work. Members of the Committee on 
Energy and Commerce led by the vice chairman, the gentleman from North 
Carolina (Mr. Burr), visited the CDC this weekend and are issuing a 
report that I hope all Members of Congress will pay close attention to. 
We have learned that the Centers for Disease Control is woefully 
inadequate in terms of its current capabilities to do its work, it is 
living in 1950s barracks, and we really

[[Page H7142]]

need to do some work to enhance and improve their capability of 
protecting the citizenry of this country, particularly as we come to 
understand this new threat against our people. We are going to at the 
Committee on Energy and Commerce very shortly bring to the Congress an 
authorization hopefully to bring the CDC up to date, modernize it and 
equip it properly to make sure that it can, in fact, assist our country 
in this time of need.
  In light of that, I am about to recognize the chairman of the 
Subcommittee on Oversight and Investigations of the Committee on Energy 
and Commerce, who very coincidentally had scheduled a hearing on 
bioterrorism for September 11 of this year and who canceled that 
hearing, of course, as those events of that day unfolded. He has since 
held those hearings and this bill before Members today is part of the 
result of that and other hearings our committee has conducted over the 
years on this important issue.
  Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from 
Pennsylvania (Mr. Greenwood), the chairman of the Subcommittee on 
Oversight and Investigations of the Committee on Energy and Commerce.
  Mr. GREENWOOD. I thank the chairman of the committee for yielding 
time.
  Mr. Speaker, as chairman of the Subcommittee on Oversight and 
Investigations of the Committee on Energy and Commerce, I rise to offer 
my strong support for the Bioterrorism Enforcement Act of 2001. This 
legislation grew out of an oversight hearing held by the committee in 
May of 1999 which exposed serious gaps in our Federal criminal and 
regulatory laws governing deadly biological agents, such as anthrax, 
the plague, smallpox and botulism toxin.
  If anyone ever doubted the need for tighter controls on these agents, 
the tragic events of the past several weeks should put any such doubts 
to rest once and for all. Because these agents can be so deadly if they 
fall into the wrong hands, the Federal Government has a responsibility 
to ensure that only those individuals with a legitimate need to possess 
and work with such agents can do so. At the same time, we must ensure 
that the important research work going on with these agents, to develop 
vaccines or other treatments, for example, can continue, with 
appropriate safeguards.
  I would like to elaborate on this point with respect to the bill's 
prohibition on certain classes of foreign nationals from accessing such 
agents here in the United States. The bill prohibits all aliens from 
doing so, with the exception of those lawfully admitted here for 
permanent residence. I understand that many in the pharmaceutical, 
research and academic communities rely on foreign nationals to conduct 
research, although it is unclear how many of these foreigners actually 
work with the most deadly agents covered by this bill. I know that some 
in those communities would want us to limit the prohibition to only 
those foreigners from terrorist-sponsoring states. The problem with 
that approach is that very few states are on that list, and it does not 
include many of the nations whose nationals were represented among the 
September 11 hijackers.
  Nevertheless, the bill contains a provision that would grant the 
Secretary of the Health and Human Services Department, in consultation 
with the Attorney General, the ability to issue waivers for certain 
aliens or classes of aliens that would otherwise be restricted under 
this bill if the Secretary determines that such waivers would be in the 
best interests of the United States. I believe that is a fair 
compromise.
  I would also like to mention one other aspect of this bill that I 
think is very important. The bill contains a provision that would 
exempt from mandatory disclosure under the Freedom of Information Act 
certain information collected under this new regulatory regime, such as 
the locations of those agents or the identity of those working with 
them. This is a narrow exception to the otherwise free flow of 
unclassified information, one that is warranted by the sensitive nature 
of this data, and is similar to what this Congress did 2 years ago with 
respect to worst-case chemical accident data collected by the 
Environmental Protection Agency. Again, this represents a fair 
compromise among the competing interests at issue here.
  I thank the gentleman for yielding time for me to speak on this 
important, and unfortunately very timely, issue. I am honored to have 
worked with the gentleman on the legislation that the House will 
consider today.
  Mr. DINGELL. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume to 
thank my friend again for the extraordinary cooperation across the 
aisle that we received on this and so many important pieces of 
legislation that the Committee on Energy and Commerce produces for this 
country. I want to thank him again for that excellent cooperation.
  Mr. DINGELL. Mr. Speaker, will the gentleman yield?
  Mr. TAUZIN. I yield to the gentleman from Michigan.
  Mr. DINGELL. Mr. Speaker, the gentleman and I have established a 
rather remarkable record of cooperation in the Committee on Energy and 
Commerce. I want to express my appreciation and commendations to my 
good friend.
  Mr. TAUZIN. On behalf of my friend before I yield back, I think we 
all ought to take a moment to think about the folks in this town, the 
two postal workers who have recently passed away which in fact may have 
been a direct result of some of these anthrax attacks on this city. As 
we think about them and the others who are currently under treatment 
and currently in danger, I personally again want to thank the 
leadership of both parties in this House for the care and concern they 
have shown for all the workers, all the guests we invite to these 
Capitol buildings and all the participants in this governmental process 
for making sure that the buildings are properly swept before we invite 
our workers and our friends who come to Washington to testify and to be 
part of our hearings back into those buildings. Would that the postal 
office had known to show the same degree of care, perhaps we would have 
saved a few lives in this city.
  I want to thank the gentleman from Michigan (Mr. Dingell) again and 
Members on his side for the extraordinary cooperation we have all shown 
to one another in this crisis that America faces. It was often said, I 
think by Tip O'Neill, that partisanship ends at the water's line. The 
water's line is now closer to home. I am pleased to know that so many 
Members of this House recognize that and work together in such a united 
fashion for the good of our country and for the safety of our people. I 
want to thank him again, and I urge the passage of this very important 
legislation.
  Mr. GILMAN. Mr. Speaker, I rise today in support of the Bioterrorism 
Enforcement Act of 2001. As we in Congress are in the midst of 
conducting environmental tests in our offices of biological agents, it 
is indeed timely that we bring this legislation to the House floor 
today.
  This act will set criminal penalties for the unsafe and illegal 
possession or transfer of the biological agents and toxins over which 
the Anti-Terrorism and Effective Death Penalty Act of 1996 established 
control of. The measure makes it a crime for individuals who are 
legally licensed to possess such materials to handle them in reckless 
disregard for public health and safety.
  In general, unsafe handling of these agents and toxins will result in 
a fine and a year in prison. Incidents causing bodily harm to another 
person will result in a prison term of up to 10 years, while those 
causing death may result in a life sentence. Persons who are not 
authorized to possess or transfer an agent or toxin are subject to 
fines and up to 5 years in prison. ``Restricted'' individuals (such as 
aliens with non-immigration visas) transporting, shipping or receiving 
agents and toxins face similar 5 year sentences and fines. If 
necessary, HHS and the Department of Justice may waive such 
restrictions.
  In addition to new criminal penalties, this act will require HHS to 
promulgate new standards and procedures governing the possession, use, 
and transfer of controlled agents and toxins. The new rules must 
require all individuals and groups who possess these agents and toxins 
to report their possessions to HHS. The new rules also must establish 
precautions preventing agents and toxins from being accessed for 
terrorist activities. Based on HHS evaluation of each substance's 
public risk, the department will be allowed to establish different 
levels of registration, handling and security requirements for each 
type of agents

[[Page H7143]]

and toxins. Violation of the new rules will result in a civil penalty 
of up to $250,000 for individuals and $500,000 for others.
  I urge all of my colleagues to support this important legislation.
  Mr. TAUZIN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Hansen). The question is on the motion 
offered by the gentleman from Louisiana (Mr. Tauzin) that the House 
suspend the rules and pass the bill, H.R. 3160.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. TAUZIN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________