[Congressional Record Volume 164, Number 199 (Tuesday, December 18, 2018)]
[Senate]
[Pages S7820-S7821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EFFECTIVE PROSECUTION OF POSSESSION OF BIOLOGICAL TOXINS AND AGENTS ACT 
                                OF 2018

  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 2 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2) to amend section 175b of title 18, United 
     States Code, to correct a scrivener's error.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?

[[Page S7821]]

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. BOOZMAN. I ask unanimous consent that the bill be considered read 
a third time and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2) was ordered to be engrossed for a third reading, was 
read the third time, and passed, as follows:

                                  S. 2

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Effective Prosecution of 
     Possession of Biological Toxins and Agents Act of 2018''.

     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)--
       (A) by striking ``(a)(1) No restricted'' and all that 
     follows through the end of paragraph (1) and inserting the 
     following:
       ``(a) Offense.--
       ``(1) In general.--It shall be unlawful for a restricted 
     person to--
       ``(A) ship, transport, or possess in or affecting 
     interstate or foreign commerce any biological agent or toxin 
     described in paragraph (2); or
       ``(B) receive any biological agent or toxin described in 
     paragraph (2) that has been shipped or transported in 
     interstate or foreign commerce.
       ``(2) Agents and toxins covered.--A biological agent or 
     toxin described in this paragraph is a biological agent or 
     toxin that--
       ``(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
       ``(B) is not excluded or exempted under part 73 of title 
     42, Code of Federal Regulations.''; and
       (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:''.

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