Biological Weapons Anti-Terrorism Act of 1989
PL 101-298 (S.993), enacted 05/22/1990

PUBLIC LAW 101-298—MAY 22, 1990 
104 STAT. 201 
Public Law 101-298 
101st Congress 
An Act 
To implement the Convention on the Prohibition of the Development, Production, 
and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their De-
struction, by prohibiting certain conduct relating to biological weapons, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Biological Weapons Anti-Terrorism 
Act of 1989". 
SEC. 2. PURPOSE AND INTENT. 
(a) PURPOSE.—The purpose of this Act is to— 
(1) implement the Biological Weapons Convention, an inter-
national 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. 
OJ) INTENT OF ACT.—Nothing in this Act is intended to restrain or 
restrict peaceful scientific research or development. 
SEC. 3. TITLE 18 AMENDMENTS. 
(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, stock-
piles, 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 sec-
tion 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 pur-
poses. 
May 22, 1990 
[S. 993] 
Biological 
Weapons Anti-
Terrorism Act 
of 1989. 
International 
agreements. 
18 u s e 175 note. 
18 u s e 175 note. 
104 STAT. 202 
PUBLIC LAW 101-298—MAY 22, 1990 
"§ 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 subpara-
graphs (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 appro-
priate 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 (aXlXB) 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 
eng£ige in conduct prohibited under section 175 of this title; or 
"(3) the development, production, stockpiling, transferring, 
acquisition, retention, or possession, or the attempted develop-
ment, production, stockpiling, transferring, acquisition, reten-
tion, 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 (aX3) 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— 
PUBLIC LAW 101-298—MAY 22, 1990 
104 STAT. 203 
"(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 orga-
nism; 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 deliv-
ery specifically designed to deliver or disseminate a bio-
logical 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.". 
(b) WIRE INTERCEPTION.—Section 2516(c) of title 18, United States 
Code, is amended by adding "section 175 (relating to biological 
weapons)," after "section 33 (relating to destruction of motor ve-
hicles or motor vehicle facilities),". 
(c) CLERICAL AMENDMENT.—The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item 
relating to chapter 9 the following new item: 
"10. Biological Weapons 
175.". 
Approved May 22, 1990. 
LEGISLATIVE HISTORY—S. 993 (H.R. 237): 
HOUSE REPORTS: No. 101-476 accompanying H.R. 237 (Comm. on the Judiciary). 
SENATE REPORTS: No. 101-210 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 21, considered and passed Senate. 
Vol. 136 (1990): May 8, H.R. 237 considered and passed House; proceedings 
vacated and S. 993 passed in lieu. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
May 22, Presidential statement.