Maybe I can answer that question.
Concerning level 3 and level 4 pathogens, there are already a lot of regulations. I don't think that adding this criminal aspect would help in deterring somebody determined to cause a bioterrorism act.
I think somebody like the person who was responsible for sending anthrax to the member of Congress in the U.S. was a person who knew how to work with anthrax, who had all the security clearances. If somebody becomes crazy, you cannot do anything about that. By making a law even more repressive, you will not be able to solve this problem or address this issue.