§ 175b. Possession by restricted persons

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 title VIII § 817(2) · 115 Stat. 272

   Enacted · 18 U.S.C. § 175b

   Added Pub. L. 107–56, title VIII, § 817(2), Oct. 26, 2001, 115 Stat. 385

   Source evidence

   Code source credit
   Added Pub. L. 107–56, title VIII, § 817(2), Oct. 26, 2001, 115 Stat. 385

   Enacted provision · exact public law section
   (2) by inserting after section 175a the following: “SEC. 175b. POSSESSION BY RESTRICTED PERSONS. “(a) No restricted person described in subsection (h) shall ship or transport interstate or foreign commerce, or possess in or affecting 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 subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations. “(b) In this section: “(1) The term ‘select agent’ 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 1010(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)). “(c) 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.”; and

2. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(b)(1)(B) · 116 Stat. 594

   Substituted · 18 U.S.C. § 175b

   Pub. L. 107–188, § 231(b)(1)(B), substituted “Select agents; certain other agents” for “Possession by restricted persons” in section catchline

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–188, § 231(b)(1)(B), substituted “Select agents; certain other agents” for “Possession by restricted persons” in section catchline.

   Enacted provision · exact public law section
   (B) in the heading for the section, by striking “Possession by restricted persons” and inserting “Select agents; certain other agents”; and

3. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(a)(1) · 116 Stat. 594

   1. Amended · 18 U.S.C. § 175b(a)(1)

      Pub. L. 107–188, § 231(a)(1), (c)(2)(A), designated existing provisions of subsec. (a) as par. (1)

   2. Substituted · 18 U.S.C. § 175b(a)(1)

      Pub. L. 107–188, § 231(a)(1), (c)(2)(A), substituted “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” for “described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting 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 subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 107–188, § 231(a)(1), (c)(2)(A), designated existing provisions of subsec. (a) as par. (1) and substituted “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” for “described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting 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 subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations”.

   Enacted provision · exact public law section
   (1) by striking “(a)” and inserting “(a)(1)”;

4. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(a)(2) · 116 Stat. 594

   Redesignated · 18 U.S.C. § 175b(a)(2)

   Pub. L. 107–188, § 231(a)(2), (3), redesignated and transferred subsec. (c) as par. (2) of subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–188, § 231(a)(2), (3), redesignated and transferred subsec. (c) as par. (2) of subsec. (a).

   Enacted provision · exact public law section
   (2) by transferring subsection (c) from the current placement of the subsection and inserting the subsection before subsection (b);

5. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(a)(5) · 116 Stat. 594

   Redesignated · 18 U.S.C. § 175b(b)

   Pub. L. 107–188, § 231(a)(5), added subsec. (b). Former subsec. (b) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–188, § 231(a)(5), added subsec. (b). Former subsec. (b) redesignated (d).

   Enacted provision · exact public law section
   (5) by inserting before subsection (d) (as so redesignated) the following subsections: “(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.”.

6. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(a)(5) · 116 Stat. 594

   Redesignated · 18 U.S.C. § 175b(c)

   Pub. L. 107–188, § 231(a)(5), added subsec. (c). Former subsec. (c) redesignated (a)(2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–188, § 231(a)(5), added subsec. (c). Former subsec. (c) redesignated (a)(2).

   Enacted provision · exact public law section
   (5) by inserting before subsection (d) (as so redesignated) the following subsections: “(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.”.

7. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(a)(4) · 116 Stat. 594

   Redesignated · 18 U.S.C. § 175b(d)

   Pub. L. 107–188, § 231(a)(4), redesignated subsec. (b) as (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–188, § 231(a)(4), redesignated subsec. (b) as (d).

   Enacted provision · exact public law section
   (4) by redesignating subsection (b) as subsection (d); and

8. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(b)(1)(A) · 116 Stat. 594

   Substituted · 18 U.S.C. § 175b(d)(1)

   Pub. L. 107–188, § 231(b)(1)(A), substituted “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” for “The term ‘select agent’ does not include”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 107–188, § 231(b)(1)(A), substituted “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” for “The term ‘select agent’ does not include”.

   Enacted provision · exact public law section
   (A) in subsection (d)(1), by striking “The term” and all that follows through “does not include” and inserting the following: “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”; and

9. 2002

   Public Health Security and Bioterrorism Preparedness and Response Act of 2002”

   Pub. L. 107–188 § 231(c)(2)(B) · 116 Stat. 594

   Substituted · 18 U.S.C. § 175b(d)(3)

   Pub. L. 107–188, § 231(c)(2)(B), substituted “section 101(a)(3)” for “section 1010(a)(3)”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 107–188, § 231(c)(2)(B), substituted “section 101(a)(3)” for “section 1010(a)(3)”.

   Enacted provision · exact public law section
   (B) in subsection (d)(3), by striking “section 1010(a)(3)” and inserting “section 101(a)(3)”;

10. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4005(g) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 175b

    Pub. L. 107–273 substituted “Possession by restricted persons” for “Select agents; certain other agents” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–273 substituted “Possession by restricted persons” for “Select agents; certain other agents” in section catchline.

    Enacted provision · exact public law section
    (g) Correction of Heading Style.— The heading for section 175b of title 18, United States Code, is amended to read as follows: “§ 175b. Possession by restricted persons”.

11. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(d)(1) · 118 Stat. 3638

    Substituted · 18 U.S.C. § 175b(a)(1)

    Pub. L. 108–458, § 6802(d)(1), substituted “as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations” for “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”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–458, § 6802(d)(1), substituted “as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations” for “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”.

    Enacted provision · exact public law section
    (1) Section 175b(a)(1) of title 18, United States Code, is amended by striking “as a select agent in Appendix A” and all that follows and inserting the following: “as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.”.

    Effective date note
    Pub. L. 108–458, title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”

12. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(c)(1) · 118 Stat. 3638

    1. Amended · 18 U.S.C. § 175b(d)(2)(G)

       Pub. L. 108–458, § 6802(c)(1), designated existing provisions as cl. (i)

    2. Added · 18 U.S.C. § 175b(d)(2)(G)

       Pub. L. 108–458, § 6802(c)(1), added cl. (ii)

    3. Struck · 18 U.S.C. § 175b(d)(2)(G)

       Pub. L. 108–458, § 6802(c)(1), struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (d)(2)(G). Pub. L. 108–458, § 6802(c)(1), designated existing provisions as cl. (i), added cl. (ii), and struck out “or” at end.

    Enacted provision · exact public law section
    (1) in subparagraph (G) by— (A) inserting “(i)” after “(G)”; (B) inserting “, or (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph” after “terrorism”; and (C) striking “or” after the semicolon.

    Effective date note
    Pub. L. 108–458, title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”

13. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(c)(2) · 118 Stat. 3638

    Substituted · 18 U.S.C. § 175b(d)(2)(H)

    Pub. L. 108–458, § 6802(c)(2), substituted “; or” for period at end

    Source evidence

    Code amendment note
    Subsec. (d)(2)(H). Pub. L. 108–458, § 6802(c)(2), substituted “; or” for period at end.

    Enacted provision · exact public law section
    (2) in subparagraph (H) by striking the period and inserting “; or”; and

    Effective date note
    Pub. L. 108–458, title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”

14. 2004

    Weapons of Mass Destruction Prohibition Improvement Act of 2004

    Pub. L. 108–458 § 6802(c)(3) · 118 Stat. 3638

    Added · 18 U.S.C. § 175b(d)(2)(I)

    Pub. L. 108–458, § 6802(c)(3), added subpar. (I)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(I). Pub. L. 108–458, § 6802(c)(3), added subpar. (I).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subparagraph: “(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).” .

    Effective date note
    Pub. L. 108–458, title VI, § 6802(d)(2), Dec. 17, 2004, 118 Stat. 3767, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective [probably means the effective date of the final rule revising sections 73.4, 73.5, and 73.6 of title 42, C.F.R., which was Apr. 18, 2005, see 70 F.R. 13294].”

15. 2019

    Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019

    Pub. L. 116–31 § 2(1) · 133 Stat. 1034

    1. Redesignated · 18 U.S.C. § 175b(a)

       Pub. L. 116–31, § 2(1), inserted subsec. heading; added pars. (1) and (2); redesignated former par. (2) as (3)

    2. Inserted · 18 U.S.C. § 175b(a)

       Pub. L. 116–31, § 2(1), inserted par. heading and realigned margin;

    3. Struck · 18 U.S.C. § 175b(a)

       Pub. L. 116–31, § 2(1), struck out former par. (1) which prohibited the shipment, transportation, or possession of certain biological agents or toxins

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–31, § 2(1), inserted subsec. heading; added pars. (1) and (2); redesignated former par. (2) as (3), inserted par. heading and realigned margin; and struck out former par. (1) which prohibited the shipment, transportation, or possession of certain biological agents or toxins.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “(a)(1) No restricted” and all that follows through the end of paragraph (1) and inserting the following: “(a) Offense.— “(1) In general.— It shall be unlawful for a restricted person to— “(A) ship, transport, or possess in or affecting interstate or foreign commerce any biological agent or toxin described in paragraph (2); or “(B) receive any biological agent or toxin described in paragraph (2) that has been shipped or transported in interstate or foreign commerce. “(2) Agents and toxins covered.— A biological agent or toxin described in this paragraph is a biological agent or toxin that— “(A) is listed as a non-overlap or overlap select biological agent or toxin under part 73 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act (42 U.S.C. 262a); and “(B) is not excluded or exempted under part 73 of title 42, Code of Federal Regulations.” ; and (B) by striking “(2) Whoever” and inserting “(3) Penalty.—Whoever” and adjusting the margin accordingly; and

16. 2019

    Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019

    Pub. L. 116–31 § 2(2) · 133 Stat. 1034

    Inserted · 18 U.S.C. § 175b(d)

    Pub. L. 116–31, § 2(2), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–31, § 2(2), inserted heading.

    Enacted provision · exact public law section
    (2) in subsection (d), in the matter preceding paragraph (1), by inserting “Definitions.—” before “In this section:”.

21 of 21 references resolved to an enrolled provision