18 U.S.C. § 175b — Possession by restricted persons

(a) Offense: (1) In general: A "restricted person" (defined below) may not: (A) ship, transport, or possess a covered biological agent or toxin in or affecting interstate or foreign commerce, or (B) receive one that has been shipped or transported that way. (2) Agents and toxins covered: This means any biological agent or toxin that (A) is listed as a select biological agent or toxin, overlap or non-overlap, under part 73 of title 42 of the Code of Federal Regulations, issued under section 351A of the Public Health Service Act, and (B) is not excluded or exempted under that same part 73. (3) Penalty: Anyone who knowingly violates this offense can be fined under this title, imprisoned up to 10 years, or both. But this prohibition doesn't apply to any duly authorized United States government activity. (b) Transfer to Unregistered Person: (1) Select agents: Anyone who transfers a select agent to someone the transferor knows, or has reasonable cause to believe, isn't registered as required under section 351A of the Public Health Service Act can be fined under this title, imprisoned up to 5 years, or both. (2) Certain other biological agents and toxins: The same penalty applies to transferring an agent or toxin listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to someone not registered as required under section 212 of that Act. (c) Unregistered for Possession: (1) Select agents: Anyone who knowingly possesses a select agent without the registration required under section 351A(c) of the Public Health Service Act can be fined under this title, imprisoned up to 5 years, or both. (2) Certain other biological agents and toxins: The same penalty applies to knowingly possessing an agent or toxin listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 without the registration required under section 212(c) of that Act. (d) Definitions: (1) "Select agent" means a biological agent or toxin covered by subsection (a). It does not include such an agent or toxin still in its naturally occurring environment, if it hasn't been cultivated, collected, or otherwise extracted from that source. (2) "Restricted person" means an individual who: (A) is under indictment for a crime punishable by imprisonment for more than 1 year; (B) has been convicted of such a crime; (C) is a fugitive from justice; (D) illegally uses a controlled substance, as defined under the Controlled Substances Act; (E) is an alien illegally or unlawfully in the United States; (F) has been adjudicated as a mental defective or committed to a mental institution; (G) is a national of a country the Secretary of State has determined repeatedly supports international terrorism (unless a lawful permanent resident), or acts for or under the direction of a government or official of such a country; (H) was discharged from the U.S. Armed Services under dishonorable conditions; or (I) is a member of, or acts for or under the direction of, a terrorist organization as defined under the Immigration and Nationality Act. (3) "Alien" has the same meaning as under the Immigration and Nationality Act. (4) "Lawfully admitted for permanent residence" has the same meaning as under the Immigration and Nationality Act.