107th CONGRESS 1st Session H. R. 3160 AN ACT 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.
HR 3160 EH
107th CONGRESS 1st Session H. R. 3160
AN ACT
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. 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 Prevention 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 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.
Passed the House of Representatives October 23, 2001.
Attest:
Clerk.
END