18 U.S.C. § 175

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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) 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.

18 U.S.C. § 175

Added Pub. L. 101-298, §3(a), May 22, 1990, 104 Stat. 201; amended Pub. L. 104-132, title V, §511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub. L. 107-56, title VIII, §817(1), Oct. 26, 2001, 115 Stat. 385; Pub. L. 107-188, title II, §231(c)(1), June 12, 2002, 116 Stat. 661.

EDITORIAL NOTES

AMENDMENTS2002-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, §817(1)(C), added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 107-56, §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, §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".

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLE Pub. L. 101-298, §1, May 22, 1990, 104 Stat. 201, 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 Pub. L. 101-298, §2, May 22, 1990, 104 Stat. 201, 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."

biological agent: 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;
delivery system: 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;
toxin: 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;