To implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 16 (legislative day, JANUARY 3), 1989

Mr. KOHL (for himself, Mr. PRYOr, Mr. Hatfield, Mr. GLENN, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, by prohibiting certain conduct relating to biological weapons, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Biological Weapons

5 Anti-Terrorism Act of 1989".

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1 SEC. 2. TITLE 18 AMENDMENTS.

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(a) IN GENERAL.-Title 18, United States Code, is

3 amended by inserting after chapter 9 the following:

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"Sec.

"CHAPTER 10-BIOLOGICAL WEAPONS

"175. Prohibitions with respect to biological weapons.

"176. Seizure and destruction.

"177. Injunctions.

"178. Definitions.

5 "§ 175. Prohibitions with respect to biological weapons

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"Whoever, in the United States or under the jurisdiction or control of the Government of the United States

8 anywhere

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"(1) knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any agent,

toxin, or delivery system for use as a weapon of mass destruction; or

"(2) knowingly assists a foreign state or an inter14 national organization (as defined in section 1116 of this

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title) to manufacture or otherwise acquire any agent, toxin, or delivery system for use as a weapon of mass destruction;

18 shall be fined under this title or imprisoned for life or any

19 term of years, or both.

20 "§ 176. Seizure and destruction

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"(a) IN GENERAL.-The Attorney General may seize

22 and provide for the destruction of

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"(1) any agent, toxin, or delivery system that exists by reason of conduct prohibited under section

175 of this title; and

“(2) any agent or toxin of a type or in a quantity useful primarily as a weapon of mass destruction.

"(b) DEFENSE.-It is a defense against a seizure under

7 subsection (a) of this section that—

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"(1) such agent or toxin is for a prophylactic, pro

tective, or other peaceful purpose; and

“(2) such agent or toxin is of a type and quantity reasonable for that purpose.

"(c) PROCEDURE.-The same procedures and provi

13 sions of law relating to a forfeiture under section 924(d) of 14 this title shall so far as applicable extend to a seizure under 15 this section.

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"(d) NONEXISTENCE OF PROPERTY RIGHTS.—No 17 property right shall exist in any agent, toxin, or delivery 18 system that is subject to seizure under this section.

19 " 177. Injunctions

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"(a) IN GENERAL.-The United States may obtain in a

21 civil action an injunction against—

"(1) the conduct prohibited under section 175 of

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"(2) the planning, preparation, solicitation, attempt, 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, trans

ferring, acquisition, retention, or possession, of any

agent or toxin of a type or in a quantity useful primarily as a weapon of mass destruction.

"(b) DEFENSE.-It is a defense against an injunction

11 under subsection (a)(3) of this section that

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“(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and “(2) such agent or toxin is of a type and quantity reasonable for that purpose.

16 "§ 178. Definitions

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"(1) the term 'agent' means any micro-organism, virus, 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

ment;

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"(C) deleterious alteration of the environ

"(2) the term 'toxin' means, whatever its origin or

method of production

"(A) any poisonous substance produced by a living organism; or

"(B) any poisonous isomer, 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 an agent, toxin, or vector; or

"(B) any vector;

"(4) the term 'vector' means a living organism capable of carrying an agent or toxin to a host; and

"(5) the term 'use as a weapon of mass destruction' means

"(A) use or the threat to use; or

"(B) causing, permitting, or facilitating use;

as a weapon of mass destruction; and

"(6) the term 'whoever' includes governmental entities and personnel.".

(b) CLERICAL AMENDMENT.-The table of chapters for

24 part I of title 18, United States Code, is amended by insert