2 1 SEC. 2. TITLE 18 AMENDMENTS. 2 (a) IN GENERAL.-Title 18, United States Code, is 3 amended by inserting after chapter 9 the following: 4 "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 6 "Whoever, in the United States or under the jurisdiction 7 or control of the Government of the United States 8 anywhere 9 10 11 12 13 14 15 16 17 "(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 international organization (as defined in section 1116 of this 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 21 "(a) IN GENERAL.-The Attorney General may seize 22 and provide for the destruction of— 1 2 3 4 5 6 3 "(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 8 9 10 11 12 "(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. 16 "(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 20 "(a) IN GENERAL.-The United States may obtain in a 21 civil action an injunction against "(1) the conduct prohibited under section 175 of 22 23 this title; 1 2 3 4 5 6 7 8 9 10 4 "(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 12 13 14 15 "(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 17 "As used in this chapter "(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 an other living organism; "(B) deterioration of food, water, equipment, supplies, or material of any kind; or A000016110335 1 2 3 4 5 6 7 8 9 10 11 12 13 ment; 5 "(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 "(B) any poisonous isomer, homolog, or de- "(3) the term 'delivery system' means- "(A) any apparatus, equipment, device, or or disseminate an agent, toxin, or vector; or "(B) any vector; "(4) the term 'vector' means a living organism ca- "(5) the term 'use as a weapon of mass destruc- "(A) use or the threat to use; or 14 15 16 17 18 19 20 21 22 23 (b) CLERICAL AMENDMENT.-The table of chapters for "(B) causing, permitting, or facilitating use; as a weapon of mass destruction; and "(6) the term 'whoever' includes governmental 24 part I of title 18, United States Code, is amended by insert- |