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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.