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dings" in section catchline and in text "or case under title 11" for ", bankruptcy or reorganization proceeding", inserted "knowingly and fraudulently" after "supervision,", and struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed. 1949 - Act May 24, 1949, inserted references to attorneys for any party in interest in three places, and substituted "in any United States court or under its supervision" for "in or under the supervision of any court of the United States". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. -End- -CITE- 18 USC Sec. 156 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 9 - BANKRUPTCY -HEAD- Sec. 156. Knowing disregard of bankruptcy law or rule -STATUTE- (a) Definitions. - In this section - "bankruptcy petition preparer" means a person, other than the debtor's attorney or an employee of such an attorney, who prepares for compensation a document for filing. "document for filing" means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under this title. (b) Offense. - If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both. -SOURCE- (Added Pub. L. 103-394, title III, Sec. 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. -MISC1- EFFECTIVE DATE Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as an Effective Date of 1994 Amendment note under section 101 of Title 11. -End- -CITE- 18 USC Sec. 157 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 9 - BANKRUPTCY -HEAD- Sec. 157. Bankruptcy fraud -STATUTE- A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so - (1) files a petition under title 11; (2) files a document in a proceeding under title 11; or (3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both. -SOURCE- (Added Pub. L. 103-394, title III, Sec. 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140.) -MISC1- EFFECTIVE DATE Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as an Effective Date of 1994 Amendment note under section 101 of Title 11. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1961 of this title. -End- -CITE- 18 USC CHAPTER 10 - BIOLOGICAL WEAPONS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 10 - BIOLOGICAL WEAPONS -HEAD- CHAPTER 10 - BIOLOGICAL WEAPONS -MISC1- Sec. 175. Prohibitions with respect to biological weapons. 175a. Requests for military assistance to enforce prohibition in certain emergencies. 175b. Select agents; certain other agents.(!1) 176. Seizure, forfeiture, and destruction. 177. Injunctions. 178. Definitions. AMENDMENTS 2002 - Pub. L. 107-188, title II, Sec. 231(b)(2), June 12, 2002, 116 Stat. 661, substituted "Select agents; certain other agents" for "Possession by restricted persons" in item 175b. 2001 - Pub. L. 107-56, title VIII, Sec. 817(3), Oct. 26, 2001, 115 Stat. 386, added item 175b. 1996 - Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(B), Sept. 23, 1996, 110 Stat. 2723, added item 175a. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 18 USC Sec. 175 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 10 - BIOLOGICAL WEAPONS -HEAD- Sec. 175. Prohibitions with respect to biological weapons -STATUTE- (a) In General. - Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. (b) Additional Offense. - Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms "biological agent" and "toxin" do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. (c) Definition. - For purposes of this section, the term "for use as a weapon" includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes. -SOURCE- (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 201; amended Pub. L. 104-132, title V, Sec. 511(b)(1), Apr. 24, 1996, 110 Stat. 1284; Pub. L. 107-56, title VIII, Sec. 817(1), Oct. 26, 2001, 115 Stat. 385; Pub. L. 107-188, title II, Sec. 231(c)(1), June 12, 2002, 116 Stat. 661.) -MISC1- AMENDMENTS 2002 - Subsec. (c). Pub. L. 107-188 substituted "protective, bona fide research, or other peaceful purposes" for "protective bona fide research, or other peaceful purposes". 2001 - Subsec. (b). Pub. L. 107-56, Sec. 817(1)(C), added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 107-56, Sec. 817(1)(A), substituted "includes" for "does not include" and inserted "other than" after "delivery system for" and "bona fide research" after "protective". Subsec. (c). Pub. L. 107-56, Sec. 817(1)(B), redesignated subsec. (b) as (c). 1996 - Subsec. (a). Pub. L. 104-132 inserted "or attempts, threatens, or conspires to do the same," before "shall be fined under this title". SHORT TITLE Section 1 of Pub. L. 101-298 provided that: "This Act [enacting this chapter and amending section 2516 of this title] may be cited as the 'Biological Weapons Anti-Terrorism Act of 1989'." PURPOSE AND INTENT Section 2 of Pub. L. 101-298 provided that: "(a) Purpose. - The purpose of this Act [see Short Title note above] is to - "(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and "(2) protect the United States against the threat of biological terrorism. "(b) Intent of Act. - Nothing in this Act is intended to restrain or restrict peaceful scientific research or development." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 175a, 176, 177, 2332b, 2339, 2339A, 2516 of this title; title 10 section 382; title 38 section 6105. -End- -CITE- 18 USC Sec. 175a 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 10 - BIOLOGICAL WEAPONS -HEAD- Sec. 175a. Requests for military assistance to enforce prohibition in certain emergencies -STATUTE- The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 175 of this title in an emergency situation involving a biological weapon of mass destruction. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10. -SOURCE- (Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(1)(A), Sept. 23, 1996, 110 Stat. 2723.) -End- -CITE- 18 USC Sec. 175b 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 10 - BIOLOGICAL WEAPONS -HEAD- Sec. 175b. Possession by restricted persons -STATUTE- (a)(1) No restricted person 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. (2) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity. (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. (d) In this section: (1) 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 any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. (2) The term "restricted person" means an individual who - (A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year; (B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year; (C) is a fugitive from justice; (D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (E) is an alien illegally or unlawfully in the United States; (F) has been adjudicated as a mental defective or has been committed to any mental institution; (G) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780(d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism; or (H) has been discharged from the Armed Services of the United States under dishonorable conditions. (3) The term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). (4) The term "lawfully admitted for permanent residence" has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). -SOURCE- (Added Pub. L. 107-56, title VIII, Sec. 817(2), Oct. 26, 2001, 115 Stat. 385; amended Pub. L. 107-188, title II, Sec. 231(a), (b)(1), (c)(2), June 12, 2002, 116 Stat. 660, 661; Pub. L. 107-273, div. B, title IV, Sec. 4005(g), Nov. 2, 2002, 116 Stat. 1813.) -REFTEXT- REFERENCES IN TEXT Section 351A of the Public Health Service Act, referred to in subsecs. (a)(1), (b)(1), and (c)(1), is classified to section 262a of Title 42, The Public Health and Welfare. Section 212 of the Agricultural Bioterrorism Protection Act of 2002, referred to in subsecs. (b)(2) and (c)(2), is classified to section 8401 of Title 7, Agriculture. -MISC1- AMENDMENTS 2002 - Pub. L. 107-273 substituted "Possession by restricted persons" for "Select agents; certain other agents" in section catchline. Pub. L. 107-188, Sec. 231(b)(1)(B), substituted "Select agents; certain other agents" for "Possession by restricted persons" in section catchline. Subsec. (a)(1). Pub. L. 107-188, Sec. 231(a)(1), (c)(2)(A), designated existing provisions of subsec. (a) as par. (1) and substituted "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" for "described in subsection (b) shall ship or transport interstate or foreign commerce, or possess in or affecting 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 subsection (j) of section 72.6 of title 42, Code of Federal Regulations, pursuant to section 511(d)(l) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), and is not exempted under subsection (h) of such section 72.6, or appendix A of part 72 of the Code of Regulations". Subsec. (a)(2). Pub. L. 107-188, Sec. 231(a)(2), (3), redesignated and transferred subsec. (c) as par. (2) of subsec. (a). Subsec. (b). Pub. L. 107-188, Sec. 231(a)(5), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 107-188, Sec. 231(a)(5), added subsec. (c). Former subsec. (c) redesignated (a)(2). Subsec. (d). Pub. L. 107-188, Sec. 231(a)(4), redesignated subsec. (b) as (d). Subsec. (d)(1). Pub. L. 107-188, Sec. 231(b)(1)(A), substituted "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" for "The term 'select agent' does not include". Subsec. (d)(3). Pub. L. 107-188, Sec. 231(c)(2)(B), substituted "section 101(a)(3)" for "section 1010(a)(3)". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2332b of this title; title 7 s

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