116 STAT. 660 PUBLIC LAW 107-188—JUNE 12, 2002 Subtitle D—Criminal Penalties Regarding Certain Biological Agents and Toxins SEC. 231. CRIMINAL PENALTIES. (a) IN GENERAL.—Section 175b of title 18, United States Code, as added by section 817 of Public Law 107-56, is amended— (1) by striking "(a)" and inserting "(a)(1)"; (2) by transferring subsection (c) from the current placement of the subsection and inserting the subsection before subsection (b); (3) by striking "(c)" and inserting "(2); (4) by redesignating subsection (b) as subsection (d); and (5) by inserting before subsection (d) (as so redesignated) the following subsections: "(b) TRANSFER TO UNREGISTERED PERSON.— "(1) SELECT AGENTS. — Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 35 lA of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both. " (2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOXINS. —Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both. "(c) UNREGISTERED FOR POSSESSION.— "(1) SELECT AGENTS.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both. "(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOXINS.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.". (b) CONFORMING AMENDMENTS.—Chapter 10 of title 18, United States Code, is amended— (1) in section 175b (as added by section 817 of Public Law 107-56 and amended by subsection (a) of this section)— (A) in subsection (d)(1), by striking "The term" and all that follows through "does not include" and inserting the following: "The term 'select agent' means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include"; and
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