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18 U.S.C. § 175b — Possession by restricted persons
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262a&num=0&edition=prelim)); and
(B) is not excluded or exempted under part 73 of title 42, Code of Federal Regulations.
(3) **Penalty.—** — 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.
**(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 tra
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Source file: Laws/federal/codes/united-states-code/title-18/section-175b-possession-by-restricted-persons--10e9c761d6.md
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Source location: Title 18, Chapter 10, § 175b; chapter-010-biological-weapons.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262a&num=0&edition=prelim)); and
(B) is not excluded or exempted under part 73 of title 42, Code of Federal Regulations.
(3) **Penalty.—** — 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.
**(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.
**(d) Definitions.—** In this section:
(1) 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)));
(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)
(i) 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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2371&num=0&edition=prelim)), or section 40(d) of chapter 3 of the Arms Export Control Act ([22 U.S.C. 2780(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2780/d&num=0&edition=prelim)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, 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;
(H) has been discharged from the Armed Services of the United States under dishonorable conditions; or
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B/vi&num=0&edition=prelim)).
(3) The term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/3&num=0&edition=prelim)).
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/20&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulatory control of certain biological agents and toxins**
(1) **List of biological agents and toxins**
(A) *In general* — The Secretary of Agriculture shall by regulation establish and maintain a list of each biological agent and each toxin that the Secretary determines has the potential to pose a severe threat to animal or plant health, or to animal or plant products.
(B) *Criteria* — In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall—
(i) consider—
(I) the effect of exposure to the agent or toxin on animal or plant health, and on the production and marketability of animal or plant products;
(II) the pathogenicity of the agent or the toxicity of the toxin and the methods by which the agent or toxin is transferred to animals or plants;
(III) the availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by the agent or toxin;
(IV)
(aa) whether such inclusion would have a substantial negative impact on the research and development of solutions for the animal or plant disease caused by the agent or toxin; and
(bb) whether the negative impact described in item (aa) would substantially outweigh the risk posed by the agent or toxin to animal or plant health if it is not included on the list; and
(V) any other criteria that the Secretary considers appropriate to protect animal or plant health, or animal or plant products; and
(ii) consult with appropriate Federal departments and agencies and with scientific experts representing appropriate professional groups.
(2) **Biennial review** — The Secretary shall review and republish the list under paragraph (1) biennially, or more often as needed, an
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulatory control of certain biological agents and toxins**
(1) **List of biological agents and toxins**
(A) *In general* — The Secretary shall by regulation establish and maintain a list of each biological agent and each toxin that has the potential to pose a severe threat to public health and safety.
(B) *Criteria* — In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall—
(i) consider—
(I) the effect on human health of exposure to the agent or toxin;
(II) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans;
(III) the availability and effectiveness of pharmacotherapies and immunizations to treat and prevent any illness resulting from infection by the agent or toxin; and
(IV) any other criteria, including the needs of children and other vulnerable populations, that the Secretary considers appropriate; and
(ii) consult with appropriate Federal departments and agencies and with scientific experts representing appropriate professional groups, including groups with pediatric expertise.
(2) **Biennial review** — The Secretary shall review and republish the list under paragraph (1) biennially, or more often as needed, and shall by regulation revise the list as necessary in accordance with such paragraph.
**(b) Regulation of transfers of listed agents and toxins** The Secretary shall by regulation provide for—
(1) the establishment and enforcement of safety procedures for the transfer of listed agents and toxins, including measures to ensure—
(A) proper training, including with respect to notification requirements under this section, of—
(i) individuals who are involved in the handling and use of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 262a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** The United States shall not provide any assistance under this chapter, the Food for Peace Act [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], the Peace Corps Act [[22 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2501&num=0&edition=prelim) et seq.], or the Export-Import Bank Act of 1945 [[12 U.S.C. 635](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim) et seq.] to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism.
**(b) Publication of determinations** Each determination of the Secretary of State under subsection (a), including each determination in effect on December 12, 1989, shall be published in the Federal Register.
**(c) Rescission** A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate—
(1) before the proposed rescission would take effect, a report certifying that—
(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(B) that government is not supporting acts of international terrorism; and
(C) that government has provided assurances that it will not support acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(A) the government concerned has not provided any support for international terrorism d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2371
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
#### Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim).
#### Short Title of 2026 Amendment
Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
#### Short Title of 2024 Amendment
Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.”
Pub. L. 118–77, § 1, July
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information**
(1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.
(2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.
(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.
**(b) Registration and licensing requirements for manufacturers, exporters, or importers of d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778
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Federal law — U.S. Code and appendices · legal_authorities
Page 47
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 175b
1 See References in Text note below.
tains, or possesses any biological agent, toxin,
or delivery system for use as a weapon, or know-
ingly assists a foreign state or any organization
to do so, or attempts, threatens, or conspires to
do the same, 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) ADDITIONAL OFFENSE.—Whoever knowingly
possesses any biological agent, toxin, or delivery
system of a type or in a quantity that, under the
circumstances, is not reasonably justified by a
prophylactic, protective, bona fide research, or
other peaceful purpose, shall be fined under this
title, imprisoned not more than 10 years, or
both. In this subsection, the terms ‘‘biological
agent’’ and ‘‘toxin’’ do not encompass any bio-
logical agent or toxin that is in its naturally oc-
curring environment, if the biological agent or
toxin has not been cultivated, collected, or oth-
erwise extracted from its natural source.
(c) DEFINITION.—For purposes of this section,
the term ‘‘for use as a weapon’’ includes the de-
velopment, production, transfer, acquisition, re-
tention, or possession of any biological agent,
toxin, or delivery system for other than prophy-
lactic, protective, bona fide research, or other
peaceful purposes.
(Added Pub. L. 101–298, § 3(a), May 22, 1990, 104
Stat. 201; amended Pub. L. 104–132, title V,
§ 511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub. L.
107–56, title VIII, § 817(1), Oct. 26, 2001, 115 Stat.
385; Pub. L. 107–188, title II, § 231(c)(1), June 12,
2002, 116 Stat. 661.)
Editorial Notes
AMENDMENTS
20
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 175b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
Page 862
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2371
June 15 of the following year. The report shall
include—
(1) a list of the countries receiving notifica-
tion that they are in violation of the stand-
ards under sections 2370c to 2370c–2 of this
title;
(2) a description and the amount of any as-
sistance withheld under this title pursuant to
the application to those countries of the pro-
hibition in section 2370c–1(a) of this title;
(3) a list of any waivers or exceptions exer-
cised under sections 2370c to 2370c–2 of this
title;
(4) justification for any such waivers and ex-
ceptions; and
(5) a description and the amount of any as-
sistance provided under sections 2370c to
2370c–2 of this title pursuant to the issuance of
such waiver.
(d) Information to be included in annual traf-
ficking in persons report
If the Secretary of State notifies a country
pursuant to section 2370c–1(b)(2) of this title, or
the President grants a waiver pursuant to sec-
tion 2370c–1(c)(1) of this title, the Secretary of
State shall include, in each report required
under section 7107(b) of this title, the informa-
tion required to be included in the annual report
to Congress under paragraphs (1) through (5) of
subsection (c).
(Pub. L. 110–457, title IV, § 405, Dec. 23, 2008, 122
Stat. 5090; Pub. L. 115–425, title II, § 212(c), Jan.
8, 2019, 132 Stat. 5486.)
Editorial Notes
REFERENCES IN TEXT
Sections 2370c to 2370c–2 of this title, referred to in
subsec. (c)(1), (3), (5), was in the original ‘‘this title’’,
meaning title IV of Pub. L. 110–457, Dec. 23, 2008, 122
Stat. 5087, known as the Child Soldiers Prevention Act
of 2008, which is classified principally to sections 2370c
to 2370c–2 of this title. For complete classification of
this Act to the Code, see
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibited transactions by United States Government** The following transactions by the United States Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government—
(A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and
(B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination.
(2) Providing credits, guarantees, or other financial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2780
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