18 U.S.C. § 178 — Definitions

Page 50 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 176 ‘‘(4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compel- ling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, im- port, or export. All of these activities markedly in- crease the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. ‘‘(5) There is no legitimate reason for a private indi- vidual or company, absent explicit government au- thorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus. ‘‘(b) PURPOSE.—The purpose of this subtitle [subtitle J (§§ 6901–6911) of title VI of Pub. L. 108–458, see Short Title of 2004 Amendment note set out under section 1 of this title] is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threat- en or harm the national security or foreign relations of the United States.’’ § 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 deliv- ery system that— (A) pertains to conduct prohibited under sec- tion 175 of this title; or (B) is of a type or in a quantity that under the circumstances has no apparent justifica- tion for prophylactic, protective, or other peaceful purposes. (2) In exigent circumstances, seizure and de- struction of any biological agent, toxin, or de- livery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon prob- able 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 persua- sion 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 for- feited pursuant to this section. (c) AFFIRMATIVE DEFENSE.—It is an affirma- tive defense against a forfeiture under sub- section (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. (Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 103–322, title XXXIII, § 330010(16), Sept. 13, 1994, 108 Stat. 2144; Pub. L. 107–188, title II, § 231(c)(3), June 12, 2002, 116 Stat. 661.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(1)(A). Pub. L. 107–188 substituted ‘‘pertains to’’ for ‘‘exists by reason of’’. 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘the Government’’ for ‘‘the government’’. § 177. Injunctions (a) IN GENERAL.—The United States may ob- tain in a civil action an injunction against— (1) the conduct prohibited under section 175 of this title; (2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or (3) the development, production, stockpiling, transferring, acquisition, retention, or posses- sion, or the attempted development, produc- tion, stockpiling, transferring, acquisition, re- tention, 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, pro- tective, or other peaceful purposes. (b) AFFIRMATIVE DEFENSE.—It is an affirma- tive defense against an injunction under sub- section (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. (Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104–132, title V, § 511(b)(2), Apr. 24, 1996, 110 Stat. 1284.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–132 inserted ‘‘threat,’’ after ‘‘attempt,’’. § 178. Definitions As used in this chapter— (1) the term ‘‘biological agent’’ means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or pro- tozoa), or infectious substance, or any natu- rally occurring, bioengineered or synthesized component of any such microorganism or in- fectious substance, capable of causing— (A) death, disease, or other biological mal- function in a human, an animal, a plant, or another living organism; (B) deterioration of food, water, equip- ment, supplies, or material of any kind; or (C) deleterious alteration of the environ- ment; (2) the term ‘‘toxin’’ means the toxic mate- rial or product of plants, animals, microorga- nisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or in- fectious substances, or a recombinant or syn- thesized molecule, whatever their origin and method of production, and includes— Page 51 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 178 (A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living orga- nism; or (B) any poisonous isomer or biological product, 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; (4) the term ‘‘vector’’ means a living orga- nism, or molecule, including a recombinant or synthesized molecule, capable of carrying a bi- ological agent or toxin to a host; and (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)). (Added Pub. L. 101–298, § 3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 104–132, title V, § 511(b)(3), title VII, § 721(h), Apr. 24, 1996, 110 Stat. 1284, 1299; Pub. L. 107–188, title II, § 231(c)(4), June 12, 2002, 116 Stat. 661.) Editorial Notes AMENDMENTS 2002—Par. (1). Pub. L. 107–188, § 231(c)(4)(A), in intro- ductory provisions substituted ‘‘means any microorga- nism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or syn- thesized component of any such microorganism or in- fectious substance, capable of’’ for ‘‘means any micro- organism, virus, infectious substance, or biological product that may be engineered as a result of bio- technology, or any naturally occurring or bioengi- neered component of any such microorganism, virus, infectious substance, or biological product, capable of’’. 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, vi- ruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including—’’. Par. (4). Pub. L. 107–188, § 231(c)(4)(C), substituted ‘‘re- combinant or synthesized molecule,’’ for ‘‘recombinant molecule, or biological product that may be engineered as a result of biotechnology,’’. 1996—Par. (1). Pub. L. 104–132, § 511(b)(3)(A), sub- stituted ‘‘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 in- troductory provisions. Par. (2). Pub. L. 104–132, § 511(b)(3)(B)(i), (ii), in intro- ductory provisions, inserted ‘‘the toxic material of plants, animals, microorganisms, viruses, fungi, or in- fectious substances, or a recombinant molecule’’ after ‘‘means’’ and substituted ‘‘production, including—’’ for ‘‘production—’’. Par. (2)(A). Pub. L. 104–132, § 511(b)(3)(B)(iii), inserted ‘‘or biological product that may be engineered as a re- sult of biotechnology’’ after ‘‘poisonous substance’’. Par. (2)(B). Pub. L. 104–132, § 511(b)(3)(B)(iv), inserted ‘‘or biological product’’ after ‘‘isomer’’. Par. (4). Pub. L. 104–132, § 511(b)(3)(C), inserted ‘‘, or molecule, including a recombinant molecule, or bio- logical product that may be engineered as a result of biotechnology,’’ after ‘‘organism’’. Par. (5). Pub. L. 104–132, § 721(h), added par. (5). CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF INTEREST Sec. 201. Bribery of public officials and witnesses. 202. Definitions. 203. Compensation to Members of Congress, offi- cers, and others in matters affecting the Government. 204. Practice in United States Court of Federal Claims or the United States Court of Ap- peals for the Federal Circuit by Members of Congress. 205. Activities of officers and employees in claims against and other matters affecting the Government. 206. Exemption of retired officers of the uni- formed services. 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches. 208. Acts affecting a personal financial interest. 209. Salary of Government officials and employees payable only by United States. 210. Offer to procure appointive public office. 211. Acceptance or solicitation to obtain appoint- ive public office. 212. Offer of loan or gratuity to financial institu- tion examiner. 213. Acceptance of loan or gratuity by financial institution examiner. 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper. 215. Receipt of commissions or gifts for procuring loans. 216. Penalties and injunctions. 217. Acceptance of consideration for adjustment of farm indebtedness. 218. Voiding transactions in violation of chapter; recovery by the United States. 219. Officers and employees acting as agents of foreign principals. 220. Illegal remunerations for referrals to recov- ery homes, clinical treatment facilities, and laboratories. [221, 222. Renumbered.] [223. Repealed.] 224. Bribery in sporting contests. 225. Continuing financial crimes enterprise. 226. Bribery affecting port security. 227. Wrongfully influencing a private entity’s em- ployment decisions by a Member of Con- gress or an officer or employee of the legis- lative or executive branch. Editorial Notes AMENDMENTS 2018—Pub. L. 115–271, title VIII, § 8122(b), Oct. 24, 2018, 132 Stat. 4110, added item 220. 2012—Pub. L. 112–105, § 18(b), Apr. 4, 2012, 126 Stat. 304, inserted ‘‘or an officer or employee of the legislative or executive branch’’ after ‘‘Congress’’ in item 227. 2007—Pub. L. 110–81, title I, § 102(c), Sept. 14, 2007, 121 Stat. 739, added item 227. 2006—Pub. L. 109–177, title III, § 309(b), Mar. 9, 2006, 120 Stat. 242, added item 226. 2003—Pub. L. 108–198, § 2(b), Dec. 19, 2003, 117 Stat. 2900, added items 212 and 213 and struck out former items 212 ‘‘Offer of loan or gratuity to bank examiner’’ and 213 ‘‘Acceptance of loan or gratuity by bank exam- iner’’.