Crimes and Criminal Procedure - 18 USC Section 175b

01/19/04

Sec. 175b. Possession by restricted persons

(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)).

Last modified: April 12, 2006