Bioterrorism: The History of a Crisis in American Society

Epidemics, Bioweapons, and Policy History

David McBride

• Publisher: Routledge
• Year: 2020
• eBook ISBN: 9781000289671
• Edition: 1
• Topic: Histoire
• Subtopic: Histoire de l'armée et de la marine

Originally published in 2003 and now reissued with a new introduction, this collection provides an invaluable, academic resource on the challenges bioterrorism posed for American society and institutions. Critically selected essays from a wide range of disciplines document and analyze the problems and implications for political, economic, and legal institutions, as well as the challenges a weapon of disease and fear can impose on public health and public policy. By placing bioterrorism into its historical context, this collection also traces the academic research and historical decisions that have contributed to the formation of American policies attempting to cope with a potentially catastrophic attack on the population in general and urban population in particular.

The Biological Weapons Anti-Terrorism Act of 1989

Public Law 101–298

101st Congress

An Act

To implement the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

May 22, 1990

[S. 993]

SECTION 1. SHORT TITLE.

This Act may be cited as the “Biological Weapons Anti-Terrorism Act of 1989”.

Biological Weapons Anti-Terrorism Act of 1989.

International agreements.

18 USC 175 note.

18 USC 175 note.

SEC. 2. PURPOSE AND INTENT.

• (a) PURPOSE.—The purpose of this Act is to—
  • (1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and
  • (2) protect the United States against the threat of biological terrorism.
• (b) INTENT OF ACT.—Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.

SEC. 3. TITLE 18 AMENDMENTS.

• (a) IN GENERAL-Title 18, United States Code, is amended by inserting after chapter 9 the following:
  “CHAPTER 10-BIOLOGICAL WEAPONS
  • “Sec.
  • “175. Prohibitions with respect to biological weapons.
  • “176. Seizure, forfeiture, and destruction.
  • “177. Injunctions.
  • “178. Definitions.

Ҥ 175. Prohibitions with respect to biological weapons

“(a) IN GENERAL.—Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.

“(b) DEFINLTION.—For purposes of this section, the term ‘for use as a weapon’ does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes.

Ҥ 176. Seizure, forfeiture, and destruction

“(a) IN GENERAL.—(1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that—

“(A) exists by reason of conduct prohibited under section 175 of this title; or

“(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

“(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.

“(b) PROCEDURE.-Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a may seizure or forfeiture under this section. The Attorney General provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.

“(c) AFFIRMATIVE DEFENSE.-It is an affirmative defense against a forfeiture under subsection (a)(l)(B) of this section that—

“(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and

“(2) such biological agent, toxin, or delivery system, is ef a type and quantity reasonable for that purpose.

Ҥ 177. Injunctions

“(a) IN GENERAL.-The United States may obtain in a civil action an injunction against—

“(1) the conduct prohibited under section 175 of this title;

“(2) the preparation, solicitation, attempt, or conspiracy to engage in conduct prohibited under section 175 of this title; or

“(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

“(b) AFFIRMATIVE DEFENSE.-It is an affirmative defense against an injunction under subsection (a)(3) of this section that—

“(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

“(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.

Ҥ 178. Definitions

“As used in this chapter—

“(1) the term ‘biological agent’ means any micro-organism, virus, or infectious substance, capable of causing—

“(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

“(B) deterioration of food, water, equipment, supplies, or material of any kind; or

“(C) deleterious alteration of the environment;

“(2) the term ‘toxin’ means, whatever its origin or method of production—

“(A) any poisonous substance produced by a living organism; or

“(B) any poisonous isomer, homolog, or derivative of such a substance;

“(3) the term ‘delivery system’ means—

“(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

“(B)-any vector; and

“(4) the term ‘vector’ means a living organism capable of carrying a biological agent or toxin to a host.”.

(b) WIRE INTEREPTION.-Section 2516(c) of title 18, United States Code, is amended by adding “section 175 (relating to biological weapons),” after “section 33 (relating to destruction of motor vehicles or motor vehicle facilities),”.

(c) CLERICAL AMENDMENT.-The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 9 the following new item:

“10. Biological Weapons.….….….….….….….….….…175.”.

Approved May 22, 1990.

Note

LEGISLATIVE HISTORY-S. 993 (H.R. 237):
HOUSE REPORTS: No. 101–476 accompanying H.R. 237 (Comm. on the Judiciary).
SENATE REPORTS: No. 101–210 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:

Vol. 135 (1989): Nov. 21, considered and passed Senate.

Vol. 136 (1990): May 8, H.R. 237 considered and passed House; proceedings vacated and S. 993 passed in lieu.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):

May 22. Presidential statement.

Statement on Signing the Biological Weapons Anti-Terrorism Act of 1989

May 22, 1990

I am pleased today to sign S. 993, the “Biological Weapons Anti-Terrorism Act of 1989.” This Act will impose new criminal penalties against those who would employ or contribute to the dangerous proliferation of biological weapons, and it will add teeth to our efforts to eradicate such horrible weapons. I salute the bipartisan consensus in the Congress that has demonstrated its support for this humanitarian objective and the leadership’s commitment to our shared goal of destroying forever the evil shadow these weapons have cast around the world.

The United States has renounced these weapons, as have all civilized countries, by joining the Biological Weapons Convention of 1972. Scrupulous compliance with the obligations of that Convention and similar prohibitions against the use of chemical weapons are essential to the security of all mankind. I call upon the leaders of all nations to join us in our drive to rid the world of biological and chemical weapons and to do everything in their power to stop the proliferation of these weapons of mass destruction. We must halt and reverse the threat that comes from such weapons and their proliferation. This Act that I sign today is a measured but important step in that direction.

George Bush

The White House,

May 22, 1990.

Note: S. 993, approved May 22, was assigned Public Law No. 101 - 298.

TERRORISM: THE PROBLEM AND THE SOLUTION—THE COMPREHENSIVE TERRORISM PREVENTION ACT OF 1995¹

¹ S. 735, 104th Cong., 1st Sess. (1995), reprinted in 141 CONG. REC. S7857 (daily ed. June 7, 1995) (enacted by the United StateS Senate on June 7, 1995).

I. INTRODUCTION

Recently, the United States has been the target of various terrorist attacks, including the bombing of the Federal Building in Oklahoma City,² the bombing of the World Trade Center,³ the attempted bombing of the United Nations Building in New York City⁴ and the bombing of New York-bound Pan Am Flight #103.⁵ These deliberate acts of aggression killed innocent bystanders and terrorized countless people in the United States and beyond It is clear that do...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Original Title Page
• Original Copyright Page
• Contents
• Volume Introduction
• Introduction to the 2020 Edition
• Part A. Epidemics and Early Biological Warfare
• Part B. National Defense, Bioweapons, and International Agreements: World War One Through the Cold War
• Part C. A New National Threat
• Part D. Anti-Bioterrorism Laws and Policy
• Acknowledgments