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Biological Weapons and U.S. Law

NCJ Number
191284
Journal
Journal of American Medical Association Volume: 278 Issue: 5 Dated: August 6, 1997 Pages: 357-360
Author(s)
James R. Ferguson J.D.
Date Published
August 1997
Length
4 pages
Annotation
This document reviews United States laws regarding the use of biological weapons.
Abstract
Until recently, United States policy focused almost exclusively on preventing the acquisition and use of biological weapons by other nations. The U.S. Congress has developed a comprehensive legal framework to prevent the illegitimate use of toxins and infectious agents in the United States during the past 8 years. Congress has defined as a Federal crime virtually every step in the process of developing or acquiring a biological agent for use as a weapon. Congress has vested Federal law enforcement agencies with broad civil and investigative powers to enable the Government to intervene before such weapons are used or even developed. Congress has directed the Centers for Disease Control and Prevention (CDC) to establish a regulatory regime to monitor the location and transfer of hazardous biological agents and to insure that any use of such agents complies with appropriate biosafety requirements. The CDC identified 24 infectious biological agents and 12 toxins that could pose a hazard to public health. Regulations for all facilities possessing such agents provide that they must register with the Federal Government. Each facility must also designate a “responsible facility individual” who will certify that the facility and its laboratory operations meet the appropriate biosafety level requirements for working with the specific agent. Regulations also permit government inspection of the facility. The facility then receives a specific registration number that indicates it is authorized to work with the identified agents. Upon transfer of restricted agents, facilities must complete a form that identifies these numbers, the name of the relevant restricted agent, and the proposed use and amount of the agent. This is available to both Federal and local law enforcement authorities. The CDC regulations are enforceable by criminal penalties. 14 references