§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.

(Added Pub. L. 101–298, §3(a), May 22, 1990, 104 Stat. 201 .)

Short Title

Section 1 of Pub. L. 101–298 provided that: "This Act [enacting this chapter and amending section 2516 of this title] may be cited as the 'Biological Weapons Anti-Terrorism Act of 1989'."

Purpose and Intent

Section 2 of Pub. L. 101–298 provided that:

"(a) Purpose.-The purpose of this Act [see Short Title note above] is to-

"(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and

"(2) protect the United States against the threat of biological terrorism.

"(b) Intent of Act.-Nothing in this Act is intended to restrain or restrict peaceful scientific research or development."

Section Referred to in Other Sections

This section is referred to in sections 176, 177, 2516 of this title.