CRIMINAL PENALTIES.

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 351A 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 116 STAT. 661 (B) in the heading for the section, by striking “Possession by restricted persons” and inserting “Select agents; certain other agents”; and (2) in the chapter analysis, in the item relating to section 175b, by striking “Possession by restricted persons.” and inserting “Select agents; certain other agents.”. (c) Technical Corrections.—Chapter 10 of title 18, United States Code, as amended by section 817 of Public Law 107-56 and subsections (a) and (b) of this section, is amended— (1) in section 175(c), by striking “protective” and all that follows and inserting “protective, bona fide research, or other peaceful purposes.”; (2) in section 175b— (A) in subsection (a)(1), by striking “described in subsection (b)” and all that follows and inserting the following: “shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a select agent in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not exempted under subsection (h) of section 72.6, or Appendix A of part 72, of title 42, Code of Federal Regulations.”; and (B) in subsection (d)(3), by striking “section 1010(a)(3)” and inserting “section 101(a)(3)”; (3) in section 176(a)(l)(A), by striking “exists by reason of” and inserting “pertains to”; and (4) in section 178— (A) in paragraph (1), by striking “means any microorganism” and all that follows through “product, capable of” and inserting the following: “means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of”; (B) in paragraph (2), by striking “means the toxic” and all that follows through “including—” and inserting the following: “means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—”; and (C) in paragraph (4), by striking “recombinant molecule,” and all that follows through “biotechnology,” and inserting “recombinant or synthesized molecule,”. (d) Additional Technical Correction.—Section 2332a of title 18, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking “section 229F)” and all that follows through “section 178)—” and inserting “section 229F)—”; and 116 STAT. 662 (2) in subsection (c)(2)(C), by striking “a disease organism” and inserting “a biological agent, toxin, or vector (as those terms are defined in section 178 of this title)”.