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TITLE XXXII-MISCELLANEOUS Sections 320601-320803
Subtitle F-White Collar Crime Amendments
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR
(a) Proceeds of Extortion .-Chapter 41 of title 18, United
Code, is amended-
(1) by adding at the end the following new section: " 880. Receiving
the proceeds of extortion
"A person who receives, possesses, conceals, or disposes of any money
or other property which was obtained from the commission of any
offense under this chapter that is punishable by imprisonment for more
than 1 year, knowing the same to have been unlawfully obtained, shall
be imprisoned not more than 3 years, fined under this title, or
both."; and
(2) in the table of sections, by adding at the end the following new
item:
"880. Receiving the proceeds of extortion.".
(b) Ransom Money .-Section 1202 of title 18, United States Code, is
amended-
(1) by designating the existing matter as subsection "(a)"; and
(2) by adding the following new subsections:
"(b) A person who transports, transmits, or transfers in interstate or
foreign commerce any proceeds of a kidnapping punishable under State
law by imprisonment for more than 1 year, or receives, possesses,
conceals, or disposes of any such proceeds after they have crossed a
State or United States boundary, knowing the proceeds to have been
unlawfully obtained, shall be imprisoned not more than 10 years, fined
under this title, or both.
"(c) For purposes of this section, the term 'State' has the meaning
set forth in section 245(d) of this title.".
SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
Section 2114 of title 18, United States Code, is amended-
(1) by striking "whoever" and inserting:
"(a) Assault .-A person who"; and
(2) by adding at the end the following new subsection:
"(b) Receipt, Possession, Concealment, or Disposal of Property .-A
person who receives, possesses, conceals, or disposes of any money or
other property that has been obtained in violation of this section,
knowing the same to have been unlawfully obtained, shall be imprisoned
not more than 10 years, fined under this title, or both.".
SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
(a) In General .-Chapter 47 of title 18, United States Code, is
amended by adding at the end the following new sections: " 1033.
Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce
"(a)(1) Whoever is engaged in the business of insurance whose
activities affect interstate commerce and knowingly, with the intent
to deceive, makes any false material statement or report or willfully
and materially overvalues any land, property or security-
"(A) in connection with any financial reports or documents presented
to any insurance regulatory official or agency or an agent or examiner
appointed by such official or agency to examine the affairs of such
person, and
"(B) for the purpose of influencing the actions of such official or
agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under paragraph (1) is a fine as
established under this title or imprisonment for not more than 10
years, or both, except that the term of imprisonment shall be not more
than 15 years if the statement or report or overvaluing of land,
property, or security jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court.
"(b)(1) Whoever-
"(A) acting as, or being an officer, director, agent, or employee of,
any person engaged in the business of insurance whose activities
affect interstate commerce, or
"(B) is engaged in the business of insurance whose activities affect
interstate commerce or is involved (other than as an insured or
beneficiary under a policy of insurance) in a transaction relating to
the conduct of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates any of
the moneys, funds, premiums, credits, or other property of such person
so engaged shall be punished as provided in paragraph (2).
"(2) The punishment for an offense under paragraph (1) is a fine as
provided under this title or imprisonment for not more than 10 years,
or both, except that if such embezzlement, abstraction, purloining, or
misappropriation described in paragraph (1) jeopardized the safety and
soundness of an insurer and was a significant cause of such insurer
being placed in conservation, rehabilitation, or liquidation by an
appropriate court, such imprisonment shall be not more than 15 years.
If the amount or value so embezzled, abstracted, purloined, or
misappropriated does not exceed $ 5,000, whoever [*H8858] violates
paragraph (1) shall be fined as provided in this title or imprisoned
not more than one year, or both.
"(c)(1) Whoever is engaged in the business of insurance and whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business, knowingly makes
any false entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with intent to
deceive any person, including any officer, employee, or agent of such
person engaged in the business of insurance, any insurance regulatory
official or agency, or any agent or examiner appointed by such
official or agency to examine the affairs of such person, about the
financial condition or solvency of such business shall be punished as
provided in paragraph (2).
"(2) The punishment for an offense under paragraph (1) is a fine as
provided under this title or imprisonment for not more than 10 years,
or both, except that if the false entry in any book, report, or
statement of such person jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court,
such imprisonment shall be not more than 15 years.
"(d) Whoever, by threats or force or by any threatening letter or
communication, corruptly influences, obstructs, or impedes or
endeavors corruptly to influence, obstruct, or impede the due and
proper administration of the law under which any proceeding involving
the business of insurance whose activities affect interstate commerce
is pending before any insurance regulatory official or agency or any
agent or examiner appointed by such official or agency to examine the
affairs of a person engaged in the business of insurance whose
activities affect interstate commerce, shall be fined as provided in
this title or imprisoned not more than 10 years, or both.
"(e)(1)(A) Any individual who has been convicted of any criminal
felony involving dishonesty or a breach of trust, or who has been
convicted of an offense under this section, and who willfully engages
in the business of insurance whose activities affect interstate
commerce or participates in such business, shall be fined as provided
in this title or imprisoned not more than 5 years, or both.
"(B) Any individual who is engaged in the business of insurance whose
activities affect interstate commerce and who willfully permits the
participation described in subparagraph (A) shall be fined as provided
in this title or imprisoned not more than 5 years, or both.
"(2) A person described in paragraph (1)(A) may engage in the business
of insurance or participate in such business if such person has the
written consent of any insurance regulatory official authorized to
regulate the insurer, which consent specifically refers to this
subsection.
"(f) As used in this section-
"(1) the term 'business of insurance' means- "(A) the writing of
insurance, or
"(B) the reinsuring of risks,
by an insurer, including all acts necessary or incidental to such
writing or reinsuring and the activities of persons who act as, or
are, officers, directors, agents, or employees of insurers or who are
other persons authorized to act on behalf of such persons;
"(2) the term 'insurer' means any entity the business activity of
which is the writing of insurance or the reinsuring of risks, and
includes any person who acts as, or is, an officer, director, agent,
or employee of that business;
"(3) the term 'interstate commerce' means-
"(A) commerce within the District of Columbia, or any territory or
possession of the United States;
"(B) all commerce between any point in the State, territory,
possession, or the District of Columbia and any point outside thereof;
"(C) all commerce between points within the same State through any
place outside such State; or
"(D) all other commerce over which the United States has jurisdiction;
and
"(4) the term 'State' includes any State, the District of Columbia,
the Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, and the Trust Territory of the Pacific
Islands.
" 1034. Civil penalties and injunctions for violations of section 1033
"(a) The Attorney General may bring a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under section 1033 and, upon proof of such
conduct by a preponderance of the evidence, such person shall be
subject to a civil penalty of not more than $ 50,000 for each
violation or the amount of compensation which the person received or
offered for the prohibited conduct, whichever amount is greater. If
the offense has contributed to the decision of a court of appropriate
jurisdiction to issue an order directing the conservation,
rehabilitation, or liquidation of an insurer, such penalty shall be
remitted to the appropriate regulatory official for the benefit of the
policyholders, claimants, and creditors of such insurer. The
imposition of a civil penalty under this subsection does not preclude
any other criminal or civil statutory, common law, or administrative
remedy, which is available by law to the United States or any other
person.
"(b) If the Attorney General has reason to believe that a person is
engaged in conduct constituting an offense under section 1033, the
Attorney General may petition an appropriate United States district
court for an order prohibiting that person from engaging in such
conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under this
section does not preclude any other remedy which is available by law
to the United States or any other person.".
(b) Clerical Amendment .-The table of sections for chapter 47 of such
title is amended by adding at the end the following new items:
"1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
"1034. Civil penalties and injunctions for violations of section
1033.".
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Tampering With Insurance Regulatory Proceedings .-Section
1515(a)(1) of title 18, United States Code, is amended-
(1) by striking "or" at the end of subparagraph (B);
(2) by inserting "or" at the end of subparagraph (C); and
(3) by adding at the end thereof the following new subparagraph:
"(D) a proceeding involving the business of insurance whose activities
affect interstate commerce before any insurance regulatory official or
agency or any agent or examiner appointed by such official or agency
to examine the affairs of any person engaged in the business of
insurance whose activities affect
interstate commerce; or".
(b) Limitations .-Section 3293 of such title is amended by inserting
"1033," after "1014,".
(c) Obstruction of Criminal Investigations .-Section 1510 of title 18,
United States Code, is amended by adding at the end the following new
subsection:
"(d)(1) Whoever-
"(A) acting as, or being, an officer, director, agent or employee of a
person engaged in the business of insurance whose activities affect
interstate commerce, or
"(B) is engaged in the business of insurance whose activities affect
interstate commerce or is involved (other than as an insured or
beneficiary under a policy of insurance) in a transaction relating to
the conduct of affairs of such a business,
with intent to obstruct a judicial proceeding, directly or indirectly
notifies any other person about the existence or contents of a
subpoena for records of that person engaged in such business or
information that has been furnished to a Federal grand jury in
response to that subpoena, shall be fined as provided by this title or
imprisoned not more than 5 years, or both.
"(2) As used in paragraph (1), the term 'subpoena for records' means a
Federal grand jury subpoena for records that has been served relating
to a violation of, or a conspiracy to violate, section 1033 of this
title.".
SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a))
is amended in paragraph (2)(A)(i)(I)-
(1) by striking "or 1956"; and
(2) by inserting "1517, 1956, or 1957".
SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.
Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is
amended to read as follows:
"(d) Prohibition .-
"(1) In general .-Except with prior written consent of the Board-
"(A) any person who has been convicted of any criminal offense
involving dishonesty or a breach of trust, or has agreed to enter into
a pretrial diversion or similar program in connection with a
prosecution for such offense, may not-
"(i) become, or continue as, an institution-affiliated party with
respect to any insured credit union; or
"(ii) otherwise participate, directly or indirectly, in the conduct of
the affairs of any insured credit union; and
"(B) any insured credit union may not permit any person referred to in
subparagraph (A) to engage in any conduct or continue any relationship
prohibited under such subparagraph.
"(2) Minimum 10-year prohibition period for certain offenses .-
"(A) In general .-If the offense referred to in paragraph (1)(A) in
connection with any person referred to in such paragraph is-
"(i) an offense under-
"(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344,
1517, 1956, or 1957 of title 18, United States Code; or
"(II) section 1341 or 1343 of such title which affects any financial
institution (as defined in section 20 of such title); or
"(ii) the offense of conspiring to commit any such offense,
the Board may not consent to any exception to the application of
paragraph (1) to such person during the 10-year period beginning on
the date the conviction or the agreement of the person becomes final.
"(B) Exception by order of sentencing court .-
"(i) In general .-On motion of the Board, the court in which the
conviction or the agreement of a person referred to in subparagraph
(A) has been entered may grant an exception to the application of
paragraph (1) to such person if granting the exception is in the
interest of justice.
"(ii) Period for filing .-A motion may be filed under clause (i) at
any time during the 10-year period described in subparagraph (A) with
regard to the person on whose behalf such motion is made.
"(3) Penalty .-Whoever knowingly violates paragraph (1) or (2) shall
be fined not more than $ 1,000,000 for each day such prohibition is
violated or imprisoned for not more than 5 years, or both.". [*H8859]
SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS
REWARDS STATUTE.
Section 3059A of title 18, United States Code, is amended-
(1) by inserting "225," after "215";
(2) by striking "or" before "1344"; and
(3) by inserting ", or 1517" after "1344".
SEC. 320608. DEFINITION OF SAVINGS AND LOAN ASSOCIATION" FOR PURPOSES
OF THE OFFENSE OF BANK ROBBERY AND RELATED OFFENSES.
Section 2113 of title 18, United States Code, is amended by adding at
the end the following new subsection:
"(h) As used in this section, the term 'savings and loan association'
means-
"(1) a Federal savings association or State savings association (as
defined in section 3(b) of the Federal Deposit Insurance Act (12
U.S.C. 1813(b))) having accounts insured by the Federal Deposit
Insurance Corporation; and
"(2) a corporation described in section 3(b)(1)(C) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating
under the laws of the United States.".
SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE OFFENSE
OF OBSTRUCTION OF A FEDERAL AUDIT.
Section 1516(b) of title 18, United States Code, is amended-
(1) by striking "section the term" and inserting "section-
"(1) the term";
(2) by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new paragraph:
"(2) the term 'in any 1 year period' has the meaning given to the term
'in any one-year period' in section 666.".
Subtitle G-Safer Streets and Neighborhoods
SEC. 320701. SHORT TITLE.
This subtitle may be cited as the "Safer Streets and Neighborhoods Act
of 1994".
SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.
(a) Amendment .-Section 510(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by
inserting "non-Federal" after "with".
(b) Effective Date .-The amendment made by subsection (a) shall take
effect on October 1, 1994.
Subtitle H-Recreational Hunting Safety
SEC. 320801. SHORT TITLE.
This subtitle may be cited as the "Recreational Hunting Safety and
Preservation Act of 1994".
SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT.
It is a violation of this section intentionally to engage in any
physical conduct that significantly hinders a lawful hunt.
SEC. 320803. CIVIL PENALTIES.
(a) In General .-A person who violates section 320802 shall be
assessed a civil penalty in an amount computed under subsection (b).
(b) Computation of Penalty .-The penalty shall be-
(1) not more than $ 10,000, if the violation involved the use of force
or violence, or the threatened use of force or violence, against the
person or property of another person; and
(2) not more than $ 5,000 for any other violation.
(c) Relationship to Other Penalties .-The penalties established by
this section shall be in addition to other criminal or civil penalties
that may be levied against the person as a result of an activity in
violation of section 320802.
(d) Procedure .-Upon receipt of-
(1) a written complaint from an officer, employee, or agent of the
Forest Service, Bureau of Land Management, National Park Service,
United States Fish and Wildlife Service, or other Federal agency that
a person violated section 320802; or
(2) a sworn affidavit from an individual and a determination by the
Secretary that the statement contains sufficient factual allegations
to create a reasonable belief that a violation of section 320802 has
occurred;
the Secretary may request the Attorney General of the United States to
institute a civil action for the imposition and collection of the
civil penalty under this section.
(e) Use of Penalty Money Collected .-After deduction of costs
attributable to collection, money collected from penalties shall be-
(1) deposited into the trust fund established pursuant to the Act
entitled "An Act to provide that the United States shall aid the
States in wildlife-restoration projects, and for other purposes",
approved September 2, 1937 (16 U.S.C. 669) (commonly known as the
"Pitman-Robertson Wildlife Restoration Act"), to support the
activities authorized by such Act and undertaken by State wildlife
management agencies; or
(2) used in such other manner as the Secretary determines will enhance
the funding and implementation of-
(A) the North American Waterfowl Management Plan signed by the
Secretary of the Interior and the Minister of Environment for Canada
in May 1986; or
(B) a similar program that the Secretary determines will enhance
wildlife management-
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts will also
provide a benefit to wildlife management objectives on Federal lands.