                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                     CHAPTER 10--BIOLOGICAL WEAPONS
 
Sec. 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 subparagraphs 
(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 appropriate 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 (a)(1)(B) 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.

(Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202; amended 
Pub. L. 103-322, title XXXIII, Sec. 330010(16), Sept. 13, 1994, 108 
Stat. 2144.)

                       References in Text

    The customs laws, referred to in subsec. (b), are classified 
generally to Title 19, Customs Duties.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-322 substituted ``the Government'' 
for ``the government''.
