Pub. L. 116-31 - Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019

116th Congress

Affects: 18 U.S.C. §§ 175b; 42 U.S.C. §§ 262a

SECTION 1. SHORT TITLE.

This Act may be cited as the “Effective Prosecution of Possession of Biological Toxins and Agents Act of 2019”.

SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS AND AGENTS.

Section 175b of title 18, United States Code, is amended—

(1) in subsection (a)—

(1)(A) by striking “(a)(1) No restricted” and all that follows through the end of paragraph (1) and inserting the following:

(1)(A)“(a)“(1) It shall be unlawful for a restricted person to—

(1)(A)“(a)“(1)“(A) ship, transport, or possess in or affecting interstate or foreign commerce any biological agent or toxin described in paragraph (2); or

(1)(A)“(a)“(1)“(B) receive any biological agent or toxin described in paragraph (2) that has been shipped or transported in interstate or foreign commerce.

(1)(A)“(a)“(2) A biological agent or toxin described in this paragraph is a biological agent or toxin that—

(1)(A)“(a)“(2)“(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); and

(1)(A)“(a)“(2)“(B) is not excluded or exempted under part 73 of title 42, Code of Federal Regulations.”

(1)(A) ; and

(1)(B) by striking “(2) Whoever” and inserting “(3) Penalty.—Whoever” and adjusting the margin accordingly; and

(2) in subsection (d), in the matter preceding paragraph (1), by inserting “Definitions.—” before “In this section:”.

Legislative History

LEGISLATIVE HISTORY—S. 744 (H.R. 1986):

CONGRESSIONAL RECORD, Vol. 165 (2019):

May 16, considered and passed Senate.

July 10, considered and passed House.