18 U.S.C. § 177 — Injunctions

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—