[Congressional Record Volume 147, Number 154 (Thursday, November 8, 2001)]
[Senate]
[Page S11615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Kyl):
  S. 1661. A bill to set up a certification system for research 
facilities that possess dangerous biological agents and toxins, and for 
other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Madam President, I rise to introduce legislation, 
cosponsored by Senator Kyl, to prohibit individuals from possessing 
anthrax, smallpox, and three dozen other of the most dangerous 
biological agents and toxins.
  To date, 17 people have confirmed anthrax infections, four of whom 
died from inhalation anthrax. This toll, though tragic, could have 
grown exponentially if the perpetrators had used a more sophisticated 
delivery system.
  Despite anthrax's and other agents' potential for weaponization, our 
government does not keep track of who possesses them. No special 
certification is required to possess these agents. Nor are background 
checks conducted on the laboratory personnel who handle or have access 
to these agents.
  This situation must change.
  The legislation I am introducing expands upon the antiterrorism bill 
Congress passed and the President signed just days ago. That bill 
prohibited an individual from possessing anthrax or other potential 
weapons of bioterror unless the individual could show legitimate 
purpose for holding the substance once caught. This standard of 
``legitimate purpose;' is not defined, and will put the burden on 
courts and law enforcement to determine what a ``legitimate purpose'' 
is.
  The fact is that current law still does not adequately prevent 
individual possession of these dangerous agents.
  During a hearing in the Technology and Terrorism Subcommittee of the 
Judiciary Committee yesterday, it became clear to those of us on the 
committee that law enforcement does not know who has anthrax, where it 
is stored, or what is being done with it.
  When asked if domestic laboratories were the source of the anthrax 
sent to Senator Daschle's office, the FBI witness said the FBI didn't 
know.
  When asked how many labs in the United States handle anthrax or are 
capable of developing the highly refined anthrax used in the Daschle 
letter, the FBI answered again that it did not know.
  When asked how many labs in the United States handle anthrax or are 
capable of devlopoing the highly refined anthrax used in the Daschle 
letter, the FBI answered again that it did not know.
  And the same goes for more than three dozen other dangerous agents 
like small pox, ebola virus, and ricin.
  Under our legislation, no individual could possess any of these 
dangerous agents, period.
  Any medical or research lab wishing to possess or use these dangerous 
agents must first be certified by the United States Department of 
Health and Human Services.
  Individuals in those labs who handle or who have access to these 
agents must undergo background checks, and the labs themselves must 
institute strict safety precautions.
  And every single research lab, medical office, or other entity 
wishing to possess any one of these 40 some agents ruled dangerous by 
the CDC must demonstrate to the Secretary a legitimate purpose for that 
possession.
  The purpose of the legislation is to assure that law enforcement and 
public health officials know much more about who has these agents, 
where and how they are stored, and what is being done with them.
  Right now, we do not have this information.
  Moreover, the bill will make it harder for terrorists to get access 
to these agents by requiring background checks and assuring that labs 
possessing these agents have adequately security safeguards.
  I can think of no legitimate reason why an ordinary person needs to 
possess his or her personal cache of anthrax, small pox, or ebola 
virus.
  According to the calculations of some experts, biological weapons are 
pound for pound potentially more lethal even than thermonuclear 
weapons.
  For instance, a 1993 report by the U.S. Congressional Office of 
Technology Assessment estimated that between 130,000 and 3 million 
deaths could follow the aerosolized release of 100 keg of anthrax 
spores upwind of the Washington, DC area--lethally matching or 
exceeding that of a hydrogen bomb.
  It is time to acknowledge that we live in a world where the 
government must take responsibility in protecting the public from those 
who would misuse these materials. No longer can we stand by and let the 
balance tip towards free possession of dangerous, even deadly, 
biological agents.
  I urge my colleagues to support this bill
                                 ______