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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:

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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 "8175. Prohibitions with respect to biological weapons

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"Whoever, in the United States or under the jurisdiction

7 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 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 "8 176. 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 "8 177. 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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this title;

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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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"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 another living organism;

"(B) deterioration of food, water, equipment,

supplies, or material of any kind; or

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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 ca

pable of carrying an agent or toxin to a host; and

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"(5) the term 'use as

weapon of mass destruc

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as a weapon of mass destruction; and

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

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

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

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1 ing after the item relating to chapter 9 the following new

2 item:

"10. Biological Agents and Toxins..

175.".

23-443 (140)

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