Mike Levin: “There are a number of policy flaws in S. 495 which I want to highlight in the few minutes remaining, Mr. President.…”

“There are a number of policy flaws in S. 495 which I want to highlight in the few minutes remaining, Mr. President. Specifically, this bill would substantially weaken current criminal provisions in at least five significant areas. This bill weakens existing criminal law in at least five areas, from even a cursory view. First, new provisions in title I of the bill would expressly authorize ownership, production, sale or use of chemical and biological weapons for a broad array of purposes described as exempted conduct. The FBI has expressed concern about this new exemption in law, stating if this approach is taken, ``the legitimate purpose allowed must be specifically defined and narrowly tailored'' to avoid rendering the prohibitions toothless. But, unfortunately, section 229(b) defines the term ``exempted conduct'' to include: (A) any peaceful purpose related to an industrial, agricultural, research, medical, pharmaceutical activity, (B) any protective purpose directly related to protection against the chemical or biological weapon. The FBI has found significant ambiguities in this definition that can become major loopholes in the statute.”