Biological Agents Enhanced Penalties and Control Act
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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.
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