SENATORS FEINSTEIN, KYL URGE BAN ON INDIVIDUAL POSSESSION OF ANTHRAX, 40 OTHER DEADLY PATHOGENS
AND STRICT NEW CERTIFICATION OF LABS
November 7, 2001

WASHINGTON, D.C. - Concerned that anthrax, smallpox and nearly 40 other deadly pathogens are too readily available for use as biological terror weapons, U.S. Senators Dianne Feinstein (D-Calif.) and John Kyl (R-Ariz.) introduced legislation today prohibiting individual possession of these hazardous agents and establishing strict new certification requirements for biological labs.

"With the spread of anthrax through the mail, our nation is facing an unprecedented biological attack. Yet a month after anthrax-filled letters have infected at least 17 Americans in Florida, New York and Washington, DC, FBI officials admitted at a Senate hearing this week that they do not know how many U.S. laboratories or individuals possess anthrax bacteria, nor how many others have ready access to anthrax or other deadly biological agents, Senator Feinstein said.

"To conduct a successful investigation, law enforcement needs to be able to quickly determine whether the source of the pathogen is a U.S. laboratory or if it came from a laboratory abroad. But this is only possible if labs have registered dangerous biological pathogens with the federal government before an attack occurs."

"For that reason, I am introducing legislation to require that all laboratories that handle dangerous biological agents immediately register with the Health and Human Services Department. This would close a loophole in the law that allows a laboratory that acquired anthrax before 1997 to forgo registering, as long is it does not ship the bacteria to another lab."

"The measure would also to take biological agents out of the hands of individuals and unregistered labs and put them into the care of governmentally certified laboratories. There is no good reason for an individual to have anthrax in his or her possession. Nobody needs a personal cache of small pox or the Ebola virus. The risks are simply too great."

Under the legislation, a lab would only be allowed to possess these agents if it:

• is certified by the Secretary of Health and Human Services is certified to possess these agents for legitimate research, medical or other peaceful purposes;
• agrees to submit to periodic site inspections;
• can demonstrate proper training and skills to handle such agents;
• possesses proper facilities to dispose of the agents; and
• implements 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 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 month 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: