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18 USC CHAPTER 10 - BIOLOGICAL WEAPONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

.

-HEAD-

CHAPTER 10 - BIOLOGICAL WEAPONS

-MISC1-

Sec.

175. Prohibitions with respect to biological weapons.

175a. Requests for military assistance to enforce prohibition in

certain emergencies.

175b. Select agents; certain other agents. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

176. Seizure, forfeiture, and destruction.

177. Injunctions.

178. Definitions.

AMENDMENTS

2002 - Pub. L. 107-188, title II, Sec. 231(b)(2), June 12, 2002,

116 Stat. 661, substituted ''Select agents; certain other agents''

for ''Possession by restricted persons'' in item 175b.

2001 - Pub. L. 107-56, title VIII, Sec. 817(3), Oct. 26, 2001,

115 Stat. 386, added item 175b.

1996 - Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(B),

Sept. 23, 1996, 110 Stat. 2723, added item 175a.

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18 USC Sec. 175 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 175. Prohibitions with respect to biological weapons

-STATUTE-

(a) In General. - Whoever knowingly develops, produces,

stockpiles, transfers, acquires, retains, or possesses any

biological agent, toxin, or delivery system for use as a weapon, or

knowingly assists a foreign state or any organization to do so, or

attempts, threatens, or conspires to do the same, shall be fined

under this title or imprisoned for life or any term of years, or

both. There is extraterritorial Federal jurisdiction over an

offense under this section committed by or against a national of

the United States.

(b) Additional Offense. - Whoever knowingly possesses any

biological agent, toxin, or delivery system of a type or in a

quantity that, under the circumstances, is not reasonably justified

by a prophylactic, protective, bona fide research, or other

peaceful purpose, shall be fined under this title, imprisoned not

more than 10 years, or both. In this subsection, the terms

''biological agent'' and ''toxin'' do not encompass any biological

agent or toxin that is in its naturally occurring environment, if

the biological agent or toxin has not been cultivated, collected,

or otherwise extracted from its natural source.

(c) Definition. - For purposes of this section, the term ''for

use as a weapon'' includes the development, production, transfer,

acquisition, retention, or possession of any biological agent,

toxin, or delivery system for other than prophylactic, protective,

bona fide research, or other peaceful purposes.

-SOURCE-

(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 201;

amended Pub. L. 104-132, title V, Sec. 511(b)(1), Apr. 24, 1996,

110 Stat. 1284; Pub. L. 107-56, title VIII, Sec. 817(1), Oct. 26,

2001, 115 Stat. 385; Pub. L. 107-188, title II, Sec. 231(c)(1),

June 12, 2002, 116 Stat. 661.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-188 substituted ''protective,

bona fide research, or other peaceful purposes'' for ''protective

bona fide research, or other peaceful purposes''.

2001 - Subsec. (b). Pub. L. 107-56, Sec. 817(1)(C), added subsec.

(b). Former subsec. (b) redesignated (c).

Pub. L. 107-56, Sec. 817(1)(A), substituted ''includes'' for

''does not include'' and inserted ''other than'' after ''delivery

system for'' and ''bona fide research'' after ''protective''.

Subsec. (c). Pub. L. 107-56, Sec. 817(1)(B), redesignated subsec.

(b) as (c).

1996 - Subsec. (a). Pub. L. 104-132 inserted ''or attempts,

threatens, or conspires to do the same,'' before ''shall be fined

under this title''.

SHORT TITLE

Section 1 of Pub. L. 101-298 provided that: ''This Act (enacting

this chapter and amending section 2516 of this title) may be cited

as the 'Biological Weapons Anti-Terrorism Act of 1989'.''

PURPOSE AND INTENT

Section 2 of Pub. L. 101-298 provided that:

''(a) Purpose. - The purpose of this Act (see Short Title note

above) is to -

''(1) implement the Biological Weapons Convention, an

international agreement unanimously ratified by the United States

Senate in 1974 and signed by more than 100 other nations,

including the Soviet Union; and

''(2) protect the United States against the threat of

biological terrorism.

''(b) Intent of Act. - Nothing in this Act is intended to

restrain or restrict peaceful scientific research or development.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 175a, 176, 177, 2332b,

2339, 2339A, 2516 of this title; title 10 section 382.

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18 USC Sec. 175a 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 175a. Requests for military assistance to enforce prohibition

in certain emergencies

-STATUTE-

The Attorney General may request the Secretary of Defense to

provide assistance under section 382 of title 10 in support of

Department of Justice activities relating to the enforcement of

section 175 of this title in an emergency situation involving a

biological weapon of mass destruction. The authority to make such

a request may be exercised by another official of the Department of

Justice in accordance with section 382(f)(2) of title 10.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(A),

Sept. 23, 1996, 110 Stat. 2723.)

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18 USC Sec. 175b 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 175b. Possession by restricted persons

-STATUTE-

(a)(1) No restricted person shall ship or transport in or

affecting interstate or foreign commerce, or possess in or

affecting interstate or foreign commerce, any biological agent or

toxin, or receive any biological agent or toxin that has been

shipped or transported in interstate or foreign commerce, if the

biological agent or toxin is listed as a select agent in Appendix A

of part 72 of title 42, Code of Federal Regulations, pursuant to

section 351A of the Public Health Service Act, and is not exempted

under subsection (h) of section 72.6, or Appendix A of part 72, of

title 42, Code of Federal Regulations.

(2) Whoever knowingly violates this section shall be fined as

provided in this title, imprisoned not more than 10 years, or both,

but the prohibition contained in this section shall not apply with

respect to any duly authorized United States governmental activity.

(b) Transfer to Unregistered Person. -

(1) Select agents. - Whoever transfers a select agent to a

person who the transferor knows or has reasonable cause to

believe is not registered as required by regulations under

subsection (b) or (c) of section 351A of the Public Health

Service Act shall be fined under this title, or imprisoned for

not more than 5 years, or both.

(2) Certain other biological agents and toxins. - Whoever

transfers a biological agent or toxin listed pursuant to section

212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002

to a person who the transferor knows or has reasonable cause to

believe is not registered as required by regulations under

subsection (b) or (c) of section 212 of such Act shall be fined

under this title, or imprisoned for not more than 5 years, or

both.

(c) Unregistered for Possession. -

(1) Select agents. - Whoever knowingly possesses a biological

agent or toxin where such agent or toxin is a select agent for

which such person has not obtained a registration required by

regulations under section 351A(c) of the Public Health Service

Act shall be fined under this title, or imprisoned for not more

than 5 years, or both.

(2) Certain other biological agents and toxins. - Whoever

knowingly possesses a biological agent or toxin where such agent

or toxin is a biological agent or toxin listed pursuant to

section 212(a)(1) of the Agricultural Bioterrorism Protection Act

of 2002 for which such person has not obtained a registration

required by regulations under section 212(c) of such Act shall be

fined under this title, or imprisoned for not more than 5 years,

or both.

(d) In this section:

(1) The term ''select agent'' means a biological agent or toxin

to which subsection (a) applies. Such term (including for

purposes of subsection (a)) does not include any such biological

agent or toxin that is in its naturally-occurring environment, if

the biological agent or toxin has not been cultivated, collected,

or otherwise extracted from its natural source.

(2) The term ''restricted person'' means an individual who -

(A) is under indictment for a crime punishable by

imprisonment for a term exceeding 1 year;

(B) has been convicted in any court of a crime punishable by

imprisonment for a term exceeding 1 year;

(C) is a fugitive from justice;

(D) is an unlawful user of any controlled substance (as

defined in section 102 of the Controlled Substances Act (21

U.S.C. 802));

(E) is an alien illegally or unlawfully in the United States;

(F) has been adjudicated as a mental defective or has been

committed to any mental institution;

(G) is an alien (other than an alien lawfully admitted for

permanent residence) who is a national of a country as to which

the Secretary of State, pursuant to section 6(j) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)), section

620A of chapter 1 of part M of the Foreign Assistance Act of

1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the

Arms Export Control Act (22 U.S.C. 2780(d)), has made a

determination (that remains in effect) that such country has

repeatedly provided support for acts of international

terrorism; or

(H) has been discharged from the Armed Services of the United

States under dishonorable conditions.

(3) The term ''alien'' has the same meaning as in section

101(a)(3) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(3)).

(4) The term ''lawfully admitted for permanent residence'' has

the same meaning as in section 101(a)(20) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(20)).

-SOURCE-

(Added Pub. L. 107-56, title VIII, Sec. 817(2), Oct. 26, 2001, 115

Stat. 385; amended Pub. L. 107-188, title II, Sec. 231(a), (b)(1),

(c)(2), June 12, 2002, 116 Stat. 660, 661; Pub. L. 107-273, div.

B, title IV, Sec. 4005(g), Nov. 2, 2002, 116 Stat. 1813.)

-REFTEXT-

REFERENCES IN TEXT

Section 351A of the Public Health Service Act, referred to in

subsecs. (a)(1), (b)(1), and (c)(1), is classified to section 262a

of Title 42, The Public Health and Welfare.

Section 212 of the Agricultural Bioterrorism Protection Act of

2002, referred to in subsecs. (b)(2) and (c)(2), is classified to

section 8401 of Title 7, Agriculture.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''Possession by restricted

persons'' for ''Select agents; certain other agents'' in section

catchline.

Pub. L. 107-188, Sec. 231(b)(1)(B), substituted ''Select agents;

certain other agents'' for ''Possession by restricted persons'' in

section catchline.

Subsec. (a)(1). Pub. L. 107-188, Sec. 231(a)(1), (c)(2)(A),

designated existing provisions of subsec. (a) as par. (1) and

substituted ''shall ship or transport in or affecting interstate or

foreign commerce, or possess in or affecting interstate or foreign

commerce, any biological agent or toxin, or receive any biological

agent or toxin that has been shipped or transported in interstate

or foreign commerce, if the biological agent or toxin is listed as

a select agent in Appendix A of part 72 of title 42, Code of

Federal Regulations, pursuant to section 351A of the Public Health

Service Act, and is not exempted under subsection (h) of section

72.6, or Appendix A of part 72, of title 42, Code of Federal

Regulations'' for ''described in subsection (b) shall ship or

transport interstate or foreign commerce, or possess in or

affecting commerce, any biological agent or toxin, or receive any

biological agent or toxin that has been shipped or transported in

interstate or foreign commerce, if the biological agent or toxin is

listed as a select agent in subsection (j) of section 72.6 of title

42, Code of Federal Regulations, pursuant to section 511(d)(l) of

the Antiterrorism and Effective Death Penalty Act of 1996 (Public

Law 104-132), and is not exempted under subsection (h) of such

section 72.6, or appendix A of part 72 of the Code of

Regulations''.

Subsec. (a)(2). Pub. L. 107-188, Sec. 231(a)(2), (3),

redesignated and transferred subsec. (c) as par. (2) of subsec.

(a).

Subsec. (b). Pub. L. 107-188, Sec. 231(a)(5), added subsec. (b).

Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 107-188, Sec. 231(a)(5), added subsec. (c).

Former subsec. (c) redesignated (a)(2).

Subsec. (d). Pub. L. 107-188, Sec. 231(a)(4), redesignated

subsec. (b) as (d).

Subsec. (d)(1). Pub. L. 107-188, Sec. 231(b)(1)(A), substituted

''The term 'select agent' means a biological agent or toxin to

which subsection (a) applies. Such term (including for purposes of

subsection (a)) does not include'' for ''The term 'select agent'

does not include''.

Subsec. (d)(3). Pub. L. 107-188, Sec. 231(c)(2)(B), substituted

''section 101(a)(3)'' for ''section 1010(a)(3)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2332b of this title; title

7 section 8401; title 42 section 262a.

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18 USC Sec. 176 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 176. Seizure, forfeiture, and destruction

-STATUTE-

(a) In General. - (1) Except as provided in paragraph (2), the

Attorney General may request the issuance, in the same manner as

provided for a search warrant, of a warrant authorizing the seizure

of any biological agent, toxin, or delivery system that -

(A) pertains to conduct prohibited under section 175 of this

title; or

(B) is of a type or in a quantity that under the circumstances

has no apparent justification for prophylactic, protective, or

other peaceful purposes.

(2) In exigent circumstances, seizure and destruction of any

biological agent, toxin, or delivery system described in

subparagraphs (A) and (B) of paragraph (1) may be made upon

probable cause without the necessity for a warrant.

(b) Procedure. - Property seized pursuant to subsection (a) shall

be forfeited to the United States after notice to potential

claimants and an opportunity for a hearing. At such hearing, the

Government shall bear the burden of persuasion by a preponderance

of the evidence. Except as inconsistent herewith, the same

procedures and provisions of law relating to a forfeiture under the

customs laws shall extend to a seizure or forfeiture under this

section. The Attorney General may provide for the destruction or

other appropriate disposition of any biological agent, toxin, or

delivery system seized and forfeited pursuant to this section.

(c) Affirmative Defense. - It is an affirmative defense against a

forfeiture under subsection (a)(1)(B) of this section that -

(1) such biological agent, toxin, or delivery system is for a

prophylactic, protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system, is of a

type and quantity reasonable for that purpose.

-SOURCE-

(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202;

amended Pub. L. 103-322, title XXXIII, Sec. 330010(16), Sept. 13,

1994, 108 Stat. 2144; Pub. L. 107-188, title II, Sec. 231(c)(3),

June 12, 2002, 116 Stat. 661.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b), are classified

generally to Title 19, Customs Duties.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1)(A). Pub. L. 107-188 substituted ''pertains

to'' for ''exists by reason of''.

1994 - Subsec. (b). Pub. L. 103-322 substituted ''the

Government'' for ''the government''.

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18 USC Sec. 177 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 177. Injunctions

-STATUTE-

(a) In General. - The United States may obtain in a civil action

an injunction against -

(1) the conduct prohibited under section 175 of this title;

(2) the preparation, solicitation, attempt, threat, or

conspiracy to engage in conduct prohibited under section 175 of

this title; or

(3) the development, production, stockpiling, transferring,

acquisition, retention, or possession, or the attempted

development, production, stockpiling, transferring, acquisition,

retention, or possession of any biological agent, toxin, or

delivery system of a type or in a quantity that under the

circumstances has no apparent justification for prophylactic,

protective, or other peaceful purposes.

(b) Affirmative Defense. - It is an affirmative defense against

an injunction under subsection (a)(3) of this section that -

(1) the conduct sought to be enjoined is for a prophylactic,

protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system is of a

type and quantity reasonable for that purpose.

-SOURCE-

(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202;

amended Pub. L. 104-132, title V, Sec. 511(b)(2), Apr. 24, 1996,

110 Stat. 1284.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-132 inserted ''threat,'' after

''attempt,''.

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18 USC Sec. 178 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 10 - BIOLOGICAL WEAPONS

-HEAD-

Sec. 178. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''biological agent'' means any microorganism

(including, but not limited to, bacteria, viruses, fungi,

rickettsiae or protozoa), or infectious substance, or any

naturally occurring, bioengineered or synthesized component of

any such microorganism or infectious substance, capable of

causing -

(A) death, disease, or other biological malfunction in a

human, an animal, a plant, or another living organism;

(B) deterioration of food, water, equipment, supplies, or

material of any kind; or

(C) deleterious alteration of the environment;

(2) the term ''toxin'' means the toxic material or product of

plants, animals, microorganisms (including, but not limited to,

bacteria, viruses, fungi, rickettsiae or protozoa), or infectious

substances, or a recombinant or synthesized molecule, whatever

their origin and method of production, and includes -

(A) any poisonous substance or biological product that may be

engineered as a result of biotechnology produced by a living

organism; or

(B) any poisonous isomer or biological product, homolog, or

derivative of such a substance;

(3) the term ''delivery system'' means -

(A) any apparatus, equipment, device, or means of delivery

specifically designed to deliver or disseminate a biological

agent, toxin, or vector; or

(B) any vector;

(4) the term ''vector'' means a living organism, or molecule,

including a recombinant or synthesized molecule, capable of

carrying a biological agent or toxin to a host; and

(5) the term ''national of the United States'' has the meaning

prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).

-SOURCE-

(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202;

amended Pub. L. 104-132, title V, Sec. 511(b)(3), title VII, Sec.

721(h), Apr. 24, 1996, 110 Stat. 1284, 1299; Pub. L. 107-188, title

II, Sec. 231(c)(4), June 12, 2002, 116 Stat. 661.)

-MISC1-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-188, Sec. 231(c)(4)(A), in

introductory provisions substituted ''means any microorganism

(including, but not limited to, bacteria, viruses, fungi,

rickettsiae or protozoa), or infectious substance, or any naturally

occurring, bioengineered or synthesized component of any such

microorganism or infectious substance, capable of'' for ''means any

micro-organism, virus, infectious substance, or biological product

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,

capable of''.

Par. (2). Pub. L. 107-188, Sec. 231(c)(4)(B), in introductory

provisions substituted ''means the toxic material or product of

plants, animals, microorganisms (including, but not limited to,

bacteria, viruses, fungi, rickettsiae or protozoa), or infectious

substances, or a recombinant or synthesized molecule, whatever

their origin and method of production, and includes - '' for

''means the toxic material of plants, animals, microorganisms,

viruses, fungi, or infectious substances, or a recombinant

molecule, whatever its origin or method of production, including -

''.

Par. (4). Pub. L. 107-188, Sec. 231(c)(4)(C), substituted

''recombinant or synthesized molecule,'' for ''recombinant

molecule, or biological product that may be engineered as a result

of biotechnology,''.

1996 - Par. (1). Pub. L. 104-132, Sec. 511(b)(3)(A), substituted

''infectious substance, or biological product 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'' for ''or infectious

substance'' in introductory provisions.

Par. (2). Pub. L. 104-132, Sec. 511(b)(3)(B)(i), (ii), in

introductory provisions, inserted ''the toxic material of plants,

animals, microorganisms, viruses, fungi, or infectious substances,

or a recombinant molecule'' after ''means'' and substituted

''production, including - '' for ''production - ''.

Par. (2)(A). Pub. L. 104-132, Sec. 511(b)(3)(B)(iii), inserted

''or biological product that may be engineered as a result of

biotechnology'' after ''poisonous substance''.

Par. (2)(B). Pub. L. 104-132, Sec. 511(b)(3)(B)(iv), inserted

''or biological product'' after ''isomer''.

Par. (4). Pub. L. 104-132, Sec. 511(b)(3)(C), inserted '', or

molecule, including a recombinant molecule, or biological product

that may be engineered as a result of biotechnology,'' after

''organism''.

Par. (5). Pub. L. 104-132, Sec. 721(h), added par. (5).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1993, 2332a, 2332f of

this title; title 7 section 8401; title 42 section 262a.

-CITE-