Page:United States Statutes at Large Volume 113 Part 2.djvu/1009

 PUBLIC LAW 106-113—APPENDIX G 113 STAT. 1501A-491 (8) A compliance protocol has now been proposed to strengthen the 1972 Biological Weapons Convention. (9) The resources needed to produce, stockpile, and store biological weapons are the same as those used in peaceful industry facilities to discover, develop, and produce medicines. (10) The raw materials of biological agents are difficult to use as an indicator of an offensive military program because the same materials occur in nature or can be used to produce a wide variety of products. (11) Some biological products are genetically manipulated to develop new commercial products, optimizing production and ensuring the integrity of the product, making it difficult to distinguish between legitimate commercial activities and offensive military activities. (12) Only a small culture of a biological agent and some growth medium are needed to produce a large amount of biological agents with the potential for offensive purposes. (13) The United States pharmaceutical and biotechnology industries are a national asset and resource that contribute to the health and well-being of the American public as well as citizens around the world. (14) One bacterium strain can represent a large proportion of a company's investment in a pharmaceutical product and thus its potential loss during an arms control monitoring activity could conceivably be worth billions of dollars. (15) Biological products contain proprietary genetic information. (16) The proposed compliance regime for the Biological Weapons Convention entails new data rep>orting and investigation requirements for industry. (17) A compliance regime which contributes to the control of biological weapons and materials must have a reasonable chance of success in reducing the risk of production, stockpiling, or use of biological weapons while protec;ting the reputations, intellectual property, and confidential business information of legitimate companies. SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS. (a) NATIONAL SECURITY TRIAL INVESTIGATIONS AND TRIAL VISITS. —The President shall conduct a series of national security trial investigations and trial visits, both during and following negotiations to develop a compliance protocol to the Biological Weapons Convention, with the objective of ensuring that the compliance procedures of the protocol are effective and adequately protect the national security of the United States. These trial investigations and trial visits shall be conducted at such sites as United States Government facilities, installations, and national laboratories. (b) UNITED STATES INDUSTRY TRIAL INVESTIGATIONS AND TRIAL VISITS. —The President shall take all appropriate steps to conduct or sponsor a series of United States industry trial investigations and trial visits, both during and following ncjgotiations to develop a compliance protocol to the Biological Weapons Convention, with the objective of ensuring that the compliance procedures of the protocol are effective and adequately protect the national security and the concerns of affected United States industries and research institutions. These trial investigations and trial visits shall be conducted at such sites as academic institutions, vaccine production

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