§ 178. Definitions

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. 1990

   Biological Weapons Anti-Terrorism Act of 1989

   Pub. L. 101–298 § 3(a) · 104 Stat. 201

   Enacted · 18 U.S.C. § 178

   Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202

   Source evidence

   Code source credit
   Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202

   Enacted provision · exact public law section
   (a) In General.— Title 18, United States Code, is amended by inserting after chapter 9 the following: “CHAPTER 10— BIOLOGICAL WEAPONS “Sec. “175. Prohibitions with respect to biological weapons. “176. Seizure, forfeiture, and destruction. “177. Injunctions. “178. Definitions. “§ 175. Prohibitions with respect to biological weapons “(a) In General.— Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. “(b) Definition.— For purposes of this section, the term ‘for use as a weapon’ does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes. “§ 176. Seizure, forfeiture, and destruction “(a) In General.— (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that— “(A) exists by reason of conduct prohibited under section 175 of this title; or “(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. “(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant. “(b) Procedure.— Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section. “(c) Affirmative Defense.— It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that— “(1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and “(2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose. “§ 177. Injunctions “(a) In General.— The United States may obtain in a civil action an injunction against— “(1) the conduct prohibited under section 175 of this title; “(2) the 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, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. “(b) Affirmative Defense.— It is an affirmative defense against an injunction under subsection (a)(3) of this section that— “(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and “(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose. “§ 178. Definitions “As used in this chapter— “(1) the term ‘biological 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 “(C) deleterious alteration of the environment; “(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 a biological agent, toxin, or vector; or “(B) any vector; and “(4) the term ‘vector’ means a living organism capable of carrying a biological agent or toxin to a host.”.

2. 1996

   Pub. L. 104–132 § 511(b)(3)(A) · 110 Stat. 1214

   Substituted · 18 U.S.C. § 178(1)

   Pub. L. 104–132, § 511(b)(3)(A), substituted “infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product” for “or infectious substance” in introductory provisions

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 104–132, § 511(b)(3)(A), substituted “infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product” for “or infectious substance” in introductory provisions.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “or infectious substance” and inserting “infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product”;

3. 1996

   Pub. L. 104–132 § 511(b)(3)(B)(i) · 110 Stat. 1214

   1. Inserted · 18 U.S.C. § 178(2)

      Pub. L. 104–132, § 511(b)(3)(B)(i), (ii), in introductory provisions, inserted “the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule” after “means”

   2. Substituted · 18 U.S.C. § 178(2)

      Pub. L. 104–132, § 511(b)(3)(B)(i), (ii), in introductory provisions, substituted “production, including—” for “production—”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 104–132, § 511(b)(3)(B)(i), (ii), in introductory provisions, inserted “the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule” after “means” and substituted “production, including—” for “production—”.

   Enacted provision · exact public law section
   (i) by inserting “the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule” after “means”;

4. 1996

   Pub. L. 104–132 § 511(b)(3)(B)(iii) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 178(2)(A)

   Pub. L. 104–132, § 511(b)(3)(B)(iii), inserted “or biological product that may be engineered as a result of biotechnology” after “poisonous substance”

   Source evidence

   Code amendment note
   Par. (2)(A). Pub. L. 104–132, § 511(b)(3)(B)(iii), inserted “or biological product that may be engineered as a result of biotechnology” after “poisonous substance”.

   Enacted provision · exact public law section
   (iii) in subparagraph (A), by inserting “or biological product that may be engineered as a result of biotechnology” after “substance”; and

5. 1996

   Pub. L. 104–132 § 511(b)(3)(B)(iv) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 178(2)(B)

   Pub. L. 104–132, § 511(b)(3)(B)(iv), inserted “or biological product” after “isomer”

   Source evidence

   Code amendment note
   Par. (2)(B). Pub. L. 104–132, § 511(b)(3)(B)(iv), inserted “or biological product” after “isomer”.

   Enacted provision · exact public law section
   (iv) in subparagraph (B), by inserting “or biological product” after “isomer”; and

6. 1996

   Pub. L. 104–132 § 511(b)(3)(C) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 178(4)

   Pub. L. 104–132, § 511(b)(3)(C), inserted “, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,” after “organism”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 104–132, § 511(b)(3)(C), inserted “, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,” after “organism”.

   Enacted provision · exact public law section
   (C) in paragraph (4), by inserting “, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,” after “organism”.

7. 1996

   Pub. L. 104–132 § 721(h) · 110 Stat. 1214

   Added · 18 U.S.C. § 178(5)

   Pub. L. 104–132, § 721(h), added par. (5)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 104–132, § 721(h), added par. (5).

   Enacted provision · exact public law section
   (h) Biological Weapons.— Section 178 of title 18, United States Code, is amended— (1) by striking “and” at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting “; and”; and (3) by adding the following at the end: “(5) the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”.

8. 2002

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

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

   Substituted · 18 U.S.C. § 178(1)

   Pub. L. 107–188, § 231(c)(4)(A), in introductory provisions substituted “means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of” for “means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 107–188, § 231(c)(4)(A), in introductory provisions substituted “means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of” for “means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “means any microorganism” and all that follows through “product, capable of” and inserting the following: “means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of”;

9. 2002

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

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

   Substituted · 18 U.S.C. § 178(2)

   Pub. L. 107–188, § 231(c)(4)(B), in introductory provisions substituted “means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—” for “means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including—”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 107–188, § 231(c)(4)(B), in introductory provisions substituted “means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—” for “means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including—”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “means the toxic” and all that follows through “including—” and inserting the following: “means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—”; and

10. 2002

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

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

    Substituted · 18 U.S.C. § 178(4)

    Pub. L. 107–188, § 231(c)(4)(C), substituted “recombinant or synthesized molecule,” for “recombinant molecule, or biological product that may be engineered as a result of biotechnology,”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 107–188, § 231(c)(4)(C), substituted “recombinant or synthesized molecule,” for “recombinant molecule, or biological product that may be engineered as a result of biotechnology,”.

    Enacted provision · exact public law section
    (C) in paragraph (4), by striking “recombinant molecule,” and all that follows through “biotechnology,” and inserting “recombinant or synthesized molecule,”.

11 of 11 references resolved to an enrolled provision