[Congressional Record Volume 165, Number 115 (Wednesday, July 10, 2019)]
[House]
[Pages H5331-H5332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EFFECTIVE PROSECUTION OF POSSESSION OF BIOLOGICAL TOXINS AND AGENTS ACT 
                                OF 2019

  Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 744) to amend section 175b of title 18, United States Code, to 
correct a scrivener's error.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 744

       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 ``Effective Prosecution of 
     Possession of Biological Toxins and Agents Act of 2019''.

     SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS 
                   AND AGENTS.

       Section 175b of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)(1) No restricted'' and all that 
     follows through the end of paragraph (1) and inserting the 
     following:
       ``(a) Offense.--
       ``(1) In general.--It shall be unlawful for a restricted 
     person to--
       ``(A) ship, transport, or possess in or affecting 
     interstate or foreign commerce any biological agent or toxin 
     described in paragraph (2); or
       ``(B) receive any biological agent or toxin described in 
     paragraph (2) that has been shipped or transported in 
     interstate or foreign commerce.
       ``(2) Agents and toxins covered.--A biological agent or 
     toxin described in this paragraph is a biological agent or 
     toxin that--
       ``(A) is listed as a non-overlap or overlap select 
     biological agent or toxin under part 73 of title 42, Code of 
     Federal Regulations, pursuant to section 351A of the Public 
     Health Service Act (42 U.S.C. 262a); and
       ``(B) is not excluded or exempted under part 73 of title 
     42, Code of Federal Regulations.''; and
       (B) by striking ``(2) Whoever'' and inserting ``(3) 
     Penalty.--Whoever'' and adjusting the margin accordingly; and
       (2) in subsection (d), in the matter preceding paragraph 
     (1), by inserting ``Definitions.--'' before ``In this 
     section:''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Bass) and the gentleman from Georgia (Mr. Collins) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and include 
material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 744, the Effective Prosecution 
of Possession of Biological Toxins and Agents Act of 2019, a bill that 
would correct an error that has unintentionally resulted in an 
incomplete list of biological toxins and agents prohibited under 
current law.

[[Page H5332]]

  This legislation will help ensure the safety of our citizens and the 
security of our Nation. S. 744, which the Senate passed by unanimous 
consent earlier this year, is identical to H.R. 1986, which the House 
Committee on the Judiciary recently approved by voice vote last month.
  In 1990, Congress imposed criminal penalties with respect to the 
development, production, stockpiling, transfer, acquisition, retention, 
or possession of any biological agents, toxins, or delivery systems 
intended for use as a weapon.
  Thereafter, Congress in 2001, added section 175b to title 18 of the 
U.S. Code, criminalizing the possession by unregistered individuals or 
restricted persons of certain biological agents, termed ``select 
agents,'' as determined by the Secretary of Health and Human Services. 
A person found guilty under section 175b can be imprisoned for up to 10 
years.
  As originally enacted and thereafter in subsequent amendments 
thereto, section 175b referred to specific sections of the Code of 
Federal Regulations that listed various biological agents and toxins.
  That provision was last amended in 2004, but subsequently, the 
Department of Health and Human Services reformatted some sections of 
the Code of Federal Regulations and inadvertently rendered the 
references in section 175b incomplete.
  For example, one of the select agents inadvertently eliminated from 
the list of prohibited substances is ricin, a poison found in castor 
beans. Ricin is inexpensive, easy to make, and highly toxic.
  This result, the consequence of a drafting error, is clearly not what 
Congress intended. Unfortunately, there have already been real-life 
consequences for this error.
  Last September, for instance, the District Court for the Northern 
District of Georgia, dismissed the indictment of William Christopher 
Gibbs, a self-avowed white supremacist who was charged with the 
unregistered possession of ricin. In dismissing the Gibbs indictment, 
the court stated it:

       Appreciates the potential dangers associated with 
     individuals possessing potentially hazardous agents and 
     toxins without permission to do so. Equally, though, the 
     Court takes very seriously the principle that citizens ought 
     to have fair and clear warning of the conduct for which they 
     can be held criminal responsible. It falls to Congress to 
     write criminal laws, or to amend them if they yield unfair or 
     unwanted results. The role of the courts, on the other hand, 
     is limited to fairly reading and applying the laws Congress 
     writes; not to change them.

  As we consider S. 744 today, it is important to recognize and commend 
the sponsor of the House companion bill, the gentleman from Texas and 
our Judiciary Committee colleague, Representative   John Ratcliffe; and 
Judiciary Ranking Member Doug Collins; as well as the gentlewoman from 
New York, Representative Kathleen Rice; and the gentleman from Texas, 
Representative Will Hurd, for their bipartisan efforts to address this 
critical problem.
  I urge my colleagues to support this important legislation, and I 
reserve the balance of my time.
  Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I also rise in support of H.R. 1986 because it fixes a 
technical, but very important, error that occurred in the Code, and the 
gentlewoman from California, again, has done a wonderful job of 
explaining this.
  She brought up an interesting case. She brought up the case out of 
the Northern Circuit of Georgia which is actually my circuit, and the 
judge in that case is actually a judge named Rick Story. And Rick Story 
is one of the best jurists we have in this country. His comment here is 
really, I think, telling for us that many times in Congress we need to 
take heed of when he says: ``It falls to Congress to write criminal 
laws or to amend them if they yield unfair or unwanted results.'' And 
that is exactly what we are doing here today.
  This needs to be added. It was a scrivener's error and a mistake that 
it was not there, and it needs to be corrected.
  And with that, again, the gentlewoman from California has been a 
great help on this, and the gentleman from Texas (Mr. Ratcliffe), and 
others for their work on this legislation.
  As we go forward, I think this has been a good process. I am glad to 
see it coming to fruition, and I yield back the balance of my time.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, without question, Congress should do everything within 
its power to ensure the safety of all Americans. Clearly, the 
possession and distribution of ricin is dangerous and should be 
included among the various biological toxins prohibited under current 
law, as Congress had intended.
  S. 744 corrects this technical error and addresses the serious 
consequences presented by this oversight. For these reasons, I urge my 
colleagues to join me in supporting S. 744, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committees on 
the Judiciary and on Homeland Security, I rise in strong support of S. 
744 the ``Effective Prosecution of Biological Toxins and Agents,'' 
which amends 18 U.S.C. 175b to prohibit the possession, transport, or 
sale of biological agents and toxins by individuals.
  S. 744 also prohibits the transport, possession, or shipment of any 
biological agent or toxin in interstate or foreign commerce.
  Biological agents and toxins disseminate disease-causing organisms or 
toxins to harm or kill humans, animals or plants.
  In addition to strategic or tactical military applications, 
biological weapons can be used to infect livestock or agricultural 
produce to cause food shortages and economic loss, create environmental 
catastrophes, and introduce pandemics.
  Biological agents can also be deployed in missiles, bombs, hand 
grenades, and rockets to deliver death and destruction.
  Mr. Speaker, there have also been documented efforts to develop 
delivery devices for assassinations or sabotage operations, including a 
variety of sprays, brushes, and injection systems as well as means for 
contaminating food and clothing.
  It should concern us all that recent technological advances increase 
the likelihood that these weapons could be acquired or produced by non-
state actors, including terrorist organizations and mentally unstable 
individuals.
  This is a major threat to our national security as well as the safety 
of all American citizens.
  Mr. Speaker, I urge my colleagues to join me in supporting S. 744.
  In doing so we provide an added measure of security for our homeland 
by prohibiting the creation and proliferation of biological weapons as 
well as the sale of such weapons.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Bass) that the House suspend the rules 
and pass the bill, S. 744.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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