Biological Agents Enhanced Penalties and Control Act

Summary: Biological Agents Enhanced Penalties and Control Act - Amends the Federal criminal code to expand prohibitions with respect to biological weapons to include attempts, threats, and conspiracy to engage in the proscribed conduct.  Authorizes the United States to obtain in a civil action an injunction against threats to engage in such conduct. 
Redefines:  (1) "biological agent" to cover certain biological products 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; (2) "toxin" to include the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, including certain poisonous biological products that may be engineered as a result of biotechnology or other specified biological products; and (3) "vector" to include certain molecules, including recombinant molecules, or biological products that may be engineered as a result of biotechnology. 
Expands code provisions regarding the use of mass destruction weapons to include threats to use such weapons and to cover any biological agent, toxin, or vector. 
Directs the Secretary of Health and Human Services to establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety.  Sets forth criteria for inclusion in the list. 
Requires the Secretary to provide for:  (1) the establishment and enforcement of safety procedures for the transfer of listed biological agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for other criminal purposes; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of established safety procedures or safeguards; and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. 
Sets forth a timetable for the Secretary to issue interim, proposed, and final rules.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biological Agents Enhanced Penalties 
and Control Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) certain biological agents have the potential to pose a 
        severe threat to public health and safety;
            (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of domestic or 
        international terrorism or for other criminal purposes;
            (3) the transfer and possession of potentially hazardous 
        biological agents should be regulated to protect public health 
        and safety; and
            (4) efforts to protect the public from exposure to such 
        agents should ensure that individuals and groups with 
        legitimate objectives continue to have access to such agents 
        for clinical and research purposes.

SEC. 3. CRIMINAL ENFORCEMENT.

    (a) Biological Weapons.--Chapter 10 of title 18, United States 
Code, is amended--
            (1) in section 175(a), by inserting ``or attempts, 
        threatens, or conspires to do the same,'' after ``to do so,'';
            (2) in section 177(a)(2), by inserting ``threat,'' after 
        ``attempt,''; and
            (3) in section 178--
                    (A) in paragraph (1), by striking ``or infectious 
                substance'' and inserting ``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'';
                    (B) in paragraph (2)--
                            (i) by inserting ``the toxic material of 
                        plants, animals, microorganisms, viruses, 
                        fungi, or infectious substances, or a 
                        recombinant molecule'' after ``means'';
                            (ii) by striking ``production--'' and 
                        inserting ``production, including--'';
                            (iii) in subparagraph (A), by inserting 
                        ``or biological product that may be engineered 
                        as a result of biotechnology'' after 
                        ``substance''; and
                            (iv) in subparagraph (B), by inserting ``or 
                        biological product'' after ``isomer''; and
                    (C) in paragraph (4), by inserting ``, or molecule, 
                including a recombinant molecule, or biological product 
                that may be engineered as a result of biotechnology,'' 
                after ``organism''.
    (b) Terrorism.--Section 2332a(a) of title 18, United States Code, 
is amended--
            (1) by inserting ``, threatens,'' after ``attempts''; and
            (2) by inserting ``, including any biological agent, toxin, 
        or vector (as those terms are defined in section 178)'' after 
        ``destruction''.

SEC. 4. REGULATORY CONTROL OF BIOLOGICAL AGENTS.

    (a) List of Biological Agents.--
            (1) In general.--The Secretary shall, through regulations 
        promulgated under subsection (c), establish and maintain a list 
        of each biological agent that has the potential to pose a 
        severe threat to public health and safety.
            (2) Criteria.--In determining whether to include an agent 
        on the list under paragraph (1), the Secretary shall--
                    (A) consider--
                            (i) the effect on human health of exposure 
                        to the agent;
                            (ii) the degree of contagiousness of the 
                        agent and the methods by which the agent is 
                        transferred to humans;
                            (iii) the availability and effectiveness of 
                        immunizations to prevent and treatments for any 
                        illness resulting from infection by the agent; 
                        and
                            (iv) any other criteria the Secretary 
                        considers appropriate; and
                    (B) consult with scientific experts representing 
                appropriate professional groups.
    (b) Regulation of Transfers of Listed Biological Agents.--The 
Secretary shall, through regulations promulgated under subsection (c), 
provide for--
            (1) the establishment and enforcement of safety procedures 
        for the transfer of biological agents listed pursuant 
        subsection (a), including measures to ensure--
                    (A) proper training and appropriate skills to 
                handle such agents; and
                    (B) proper laboratory facilities to contain and 
                dispose of such agents;
            (2) safeguards to prevent access to such agents for use in 
        domestic or international terrorism or for any other criminal 
        purpose;
            (3) the establishment of procedures to protect the public 
        safety in the event of a transfer or potential transfer of a 
        biological agent in violation of the safety procedures 
        established under paragraph (1) or the safeguards established 
        under paragraph (2); and
            (4) appropriate availability of biological agents for 
        research, education, and other legitimate purposes.
    (c) Time Limits.--The Secretary shall carry out subsections (a) and 
(b) by issuing--
            (1) interim rules not later than 90 days after the date of 
        the enactment of this Act;
            (2) proposed rules not later than 180 days after the date 
        of the enactment of this Act; and
            (3) final rules not later than 360 days after the date of 
        the enactment of this Act.
    (d) Definitions.--For purposes of this section--
            (1) the term ``biological agent'' has the same meaning as 
        in section 178 of title 18, United States Code; and
            (2) the term ``Secretary'' means the Secretary of Health 
        and Human Services.