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8 August 1999
Source:
http://www.access.gpo.gov/su_docs/aces/aaces002.html
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[CITE: 18USC]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 10--BIOLOGICAL WEAPONS
Sec.
175. Prohibitions with respect to biological weapons.
175a. Requests for military assistance to enforce prohibition in
certain emergencies.
176. Seizure, forfeiture, and destruction.
177. Injunctions.
178. Definitions.
Amendments
1996--Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(B), Sept.
23, 1996, 110 Stat. 2723, added item 175a.
[CITE: 18USC175]
Sec. 175. Prohibitions with respect to biological weapons
(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) Definition.--For purposes of this section, the term ``for use as
a weapon'' does not include the development, production, transfer,
acquisition, retention, or possession of any biological agent, toxin, or
delivery system for prophylactic, protective, or other peaceful
purposes.
(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.)
Amendments
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.''
Section Referred to in Other Sections
This section is referred to in sections 175a, 176, 177, 2332b,
2339A, 2516 of this title; title 10 section 382.
[CITE: 18USC175a]
Sec. 175a. Requests for military assistance to enforce
prohibition in certain emergencies
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.
(Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(A), Sept. 23,
1996, 110 Stat. 2723.)
[CITE: 18USC176]
Sec. 176. Seizure, forfeiture, and destruction
(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) exists by reason of 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.
(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.)
References in Text
The customs laws, referred to in subsec. (b), are classified
generally to Title 19, Customs Duties.
Amendments
1994--Subsec. (b). Pub. L. 103-322 substituted ``the Government''
for ``the government''.
[CITE: 18USC177]
Sec. 177. Injunctions
(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.
(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.)
Amendments
1996--Subsec. (a)(2). Pub. L. 104-132 inserted ``threat,'' after
``attempt,''.
[CITE: 18USC178]
Sec. 178. Definitions
As used in this chapter--
(1) the term ``biological agent'' 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 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 of plants,
animals, microorganisms, viruses, fungi, or infectious substances,
or a recombinant molecule, whatever its origin or method of
production, including--
(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 molecule, or biological product that may be
engineered as a result of biotechnology, 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)).
(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.)
Amendments
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).
Section Referred to in Other Sections
This section is referred to in section 2332a of this title.