SENATOR FEINSTEIN URGES BAN ON INDIVIDUAL POSSESSION OF ANTHRAX, OTHER PATHOGENS AND STRICT NEW CERTIFICATION OF LABS
October 30, 2001

WASHINGTON, D.C. - Concerned that dangerous pathogens and toxins capable of being used as biological terror weapons are too readily available, U.S. Senator Dianne Feinstein (D-Calif.) today announced plans for legislation to ban individual possession of these hazardous agents and establish strict new certification requirements for labs.

"With the spread of anthrax through the mail, our nation is facing an unprecedented biological attack. Yet amazingly, under current law, individuals can possess anthrax bacteria, smallpox virus or other dangerous pathogens with very few restrictions. Labs are not even required to report this information to Federal authorities unless they plan to transfer or move the pathogens. We are a nation at risk and strict new safeguards are needed," Senator Feinstein said.

Under Senator Feinstein's proposed legislation, labs seeking to possess and work with a specific list of biological agents would be required to be certified by the Secretary of Health and Human Services as a legitimate research facility and they would be required to demonstrate that possession is required for legitimate research purposes.

The lab must also show that it can safely and securely handle the pathogens and toxins by:

• demonstrating proper training and skills to handle such agents;
• possessing proper facilities to dispose of the agents;
• implementing security safeguards at its facilities to prevent criminal and terrorist access to such agents.

Also, any individual handling the materials within the lab must pass a background check and be registered with the Health and Human Services Department or the Center for Disease Control for the specific research project (or projects) requiring their use of the agents.

A lab that permits restricted individuals to handle the agents is subject to decertification and civil penalties up to $500,000. Supervisory personnel at labs where such violations occur would be subject to civil and criminal penalties (one year in jail, civil fine up to $250,000).

The antiterrorism bill signed into law last week by President Bush prohibited individuals from possessing pathogens unless they can demonstrate they are using it for research and/or other peaceful purposes. It also barred possession by convicted felons, illegal aliens or other similarly restricted individuals. However, Senator Feinstein's proposed legislation would go further and ban any individual possession outside a government certified lab. Violators would face five years in prison.

The legislation would also require the Secretary of Health and Human Services to review, and if necessary, revise the existing list of dangerous biological agents and toxins in consultation with the Secretary of Defense, the Attorney General, the Director of the Center for Disease Control and other appropriate agencies.

The current CDC list of select biological pathogens and toxins includes:

Viruses