H. R. 3355—309
‘‘(D) new budget authority from the Violent Crime
Reduction Trust Fund; and
‘‘(E) outlays from the Violent Crime Reduction Trust
Fund;’’; and
(C) by adding at the end the following new paragraph:
‘‘(4) NO
DOUBLE
COUNTING.—Amounts allocated among
committees under clause (iv) or (v) of paragraph (1)(A) or under
subparagraph (D) or (E) of paragraph (2) shall not be included
within any other allocation under that paragraph.’’.
(2) FISCAL YEAR 1995.—The chairman of the Committee
on the Budget shall submit to the House of Representatives
or the Senate, as the case may be, appropriately revised alloca-
tions under clauses (iv) and (v) of paragraph (1)(A) or subpara-
graphs (D) and (E) of paragraph (2) of section 602(a) of the
Congressional Budget Act of 1974 for fiscal year 1995 to carry
out subsection (b)(1).
(g) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRATION.—
(1) SEQUESTRATION.—Part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding
after section 251 the following new section:
‘‘SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME
REDUCTION TRUST FUND.
‘‘(a) SEQUESTRATION.—Within 15 days after Congress adjourns
to end a session, there shall be a sequestration to eliminate any
budgetary excess in the Violent Crime Reduction Trust Fund as
described in subsection (b).
‘‘(b) ELIMINATING A BUDGETARY EXCESS.—
‘‘(1) IN GENERAL.—Except as provided by paragraph (2),
appropriations from the Violent Crime Reduction Trust Fund
shall be reduced by a uniform percentage necessary to eliminate
any amount by which estimated outlays in the budget year
from the Fund exceed the following levels of outlays:
‘‘(A) For fiscal year 1995, $703,000,000.
‘‘(B) For fiscal year 1996, $2,334,000,000.
‘‘(C) For fiscal year 1997, $3,936,000,000.
‘‘(D) For fiscal year 1998, $4,904,000,000.
For fiscal year 1999, the comparable level for budgetary pur-
poses shall be deemed to be $5,639,000,000. For fiscal year
2000, the comparable level for budgetary purposes shall be
deemed to be $6,225,000,000.
‘‘(2) SPECIAL
OUTLAY
ALLOWANCE.—If estimated outlays
from the Fund for a fiscal year exceed the level specified in
paragraph (1) for that year, that level shall be increased by
the lesser of that excess or 0.5 percent of that level.
‘‘(c) LOOK-BACK.—If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a budgetary excess
in the Violent Crime Reduction Trust Fund as described in sub-
section (b) for that year (after taking into account any sequestration
of amounts under this section), the level set forth in subsection
(b) for the next fiscal year shall be reduced by the amount of
that excess.
‘‘(d) WITHIN-SESSION SEQUESTRATION.—If an appropriation for
a fiscal year in progress is enacted (after Congress adjourns to
end the session for the budget year and before July 1 of that
fiscal year) that causes a budgetary excess in the Violent Crime
Reduction Trust Fund as described in subsection (b) for that year
H. R. 3355—310
(after taking into account any prior sequestration of amounts under
this section), 15 days later there shall be a sequestration to elimi-
nate that excess following the procedures set forth in subsection
(b).
‘‘(e) PART-YEAR APPROPRIATIONS AND OMB ESTIMATES.—Para-
graphs (4) and (7) of section 251(a) shall apply to appropriations
from, and sequestration of amounts appropriated from, the Violent
Crime Reduction Trust Fund under this section in the same manner
as those paragraphs apply to discretionary appropriations and
sequestrations under that section.’’.
(2) REPORTS.—Section 254(g) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by
redesignating paragraphs (4) and (5) as paragraphs (5) and
(6), respectively, and by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) REPORTS ON SEQUESTRATION TO REDUCE THE VIOLENT
CRIME
REDUCTION
TRUST
FUND.—The final reports shall set
forth for the budget year estimates for each of the following:
‘‘(A) The amount of budget authority appropriated from
the Violent Crime Reduction Trust Fund and outlays result-
ing from those appropriations.
‘‘(B) The sequestration percentage and reductions, if
any, required under section 251A.’’.
SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING
LIMITS.
Upon enactment of this Act, the discretionary spending limits
set forth in section 601(a)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 665(a)(2)) (as adjusted in conformance with section
251 of the Balanced Budget and Emergency Deficit Control Act
of 1985, and in the Senate, with section 24 of House Concurrent
Resolution 218 (103d Congress)) for fiscal years 1995 through 1998
are reduced as follows:
(1) for fiscal year 1995, for the discretionary category:
$2,423,000,000 in new budget authority and $703,000,000 in
outlays;
(2) for fiscal year 1996, for the discretionary category:
$4,287,000,000 in new budget authority and $2,334,000,000
in outlays;
(3) for fiscal year 1997, for the discretionary category:
$5,000,000,000 in new budget authority and $3,936,000,000
in outlays; and
(4) for fiscal year 1998, for the discretionary category:
$5,500,000,000 in new budget authority and $4,904,000,000
in outlays.
For fiscal year 1999, the comparable amount for budgetary purposes
shall be deemed to be $6,500,000,000 in new budget authority
and $5,639,000,000 in outlays. For fiscal year 2000, the comparable
amount 
for 
budgetary 
purposes 
shall 
be 
deemed 
to 
be
$6,500,000,000 in new budget authority and $6,225,000,000 in out-
lays.
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS
FOR FISCAL YEARS FOR WHICH THE FULL AMOUNT
AUTHORIZED IS NOT APPROPRIATED.
If, in making an appropriation under any provision of this
Act or amendment made by this Act that authorizes the making
of an appropriation for a certain purpose for a certain fiscal year
H. R. 3355—311
in a certain amount, the Congress makes an appropriation for
that purpose for that fiscal year in a lesser amount, that provision
or amendment shall be considered to authorize the making of appro-
priations for that purpose for later fiscal years in an amount equal
to the difference between the amount authorized to be appropriated
and the amount that has been appropriated.
SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) FEDERAL LAW ENFORCEMENT.—In the making of appropria-
tions under any provision of this Act or amendment made by
this Act that authorizes the making of an appropriation for a
Federal law enforcement program for a certain fiscal year in a
certain amount out of the Violent Crime Reduction Trust Fund,
not to exceed 10 percent of that amount is authorized to be appro-
priated for that fiscal year for any other Federal law enforcement
program for which appropriations are authorized by any other Fed-
eral law enforcement provision of this Act or amendment made
by this Act. The aggregate reduction in the authorization for any
particular Federal law enforcement program may not exceed 10
percent of the total amount authorized to be appropriated from
the Violent Crime Reduction Trust Fund for that program in this
Act or amendment made by this Act.
(b) STATE AND LOCAL LAW ENFORCEMENT.—In the making of
appropriations under any provision of this Act or amendment made
by this Act that authorizes the making of an appropriation for
a State and local law enforcement program for a certain fiscal
year in a certain amount out of the Violent Crime Reduction Trust
Fund, not to exceed 10 percent of that amount is authorized to
be appropriated for that fiscal year for any other State and local
law enforcement program for which appropriations are authorized
by any other State and local law enforcement provision of this
Act or amendment made by this Act. The aggregate reduction
in the authorization for any particular State and local law enforce-
ment program may not exceed 10 percent of the total amount
authorized to be appropriated from the Violent Crime Reduction
Trust Fund for that program in this Act or amendment made
by this Act.
(c) PREVENTION.—In the making of appropriations under any
provision of this Act or amendment made by this Act that authorizes
the making of an appropriation for a prevention program for a
certain fiscal year in a certain amount out of the Violent Crime
Reduction Trust Fund, not to exceed 10 percent of that amount
is authorized to be appropriated for that fiscal year for any other
prevention program for which appropriations are authorized by
any other prevention provision of this Act or amendment made
by this Act. The aggregate reduction in the authorization for any
particular prevention program may not exceed 10 percent of the
total amount authorized to be appropriated from the Violent Crime
Reduction Trust Fund for that program in this Act or amendment
made by this Act.
(d) DEFINITIONS.—In this section—‘‘Federal law enforcement
program’’ means a program authorized in any of the following
sections:
(1) section 190001(a);
(2) section 190001(b);
(3) section 190001(c);
(4) section 190001(d);
H. R. 3355—312
(5) section 190001(e);
(6) section 320925;
(7) section 150008;
(8) section 220002;
(9) section 130002;
(10) section 130005;
(11) section 130006;
(12) section 130007;
(13) section 250005;
(14) sections 210303–210306;
(15) section 180104; and
(16) section 270009.
‘‘State and local law enforcement program’’ means a program
authorized in any of the following sections:
(1) sections 10001–10003;
(2) section 210201;
(3) section 210603;
(4) section 180101;
(5) section 180103;
(6) sections 31701–31708;
(7) section 210602;
(8) sections 30801–30802;
(9) section 210302;
(10) section 210501;
(11) section 210101;
(12) section 320930;
(13) sections 20101–20109;
(14) section 20301;
(15) section 32201; and
(16) section 20201.
‘‘prevention program’’ means a program authorized in any of
the following sections:
(1) section 50001;
(2) sections 30101–30104;
(3) sections 30201–30208;
(4) sections 30301–30307;
(5) sections 30401–30403;
(6) sections 30701–30702;
(7) sections 31001–31002;
(8) sections 31101–31133;
(9) sections 31501–31505;
(10) sections 31901–31922;
(11) section 32001;
(12) section 32101;
(13) section 32401;
(14) section 40114;
(15) section 40121;
(16) section 40151;
(17) section 40152;
(18) section 40155;
(19) section 40156;
(20) section 40211;
(21) section 40231;
(22) section 40241;
(23) section 40251;
(24) section 40261;
(25) section 40292;
H. R. 3355—313
(26) section 40293;
(27) section 40295;
(28) sections 40411–40414;
(29) sections 40421–40422;
(30) section 40506;
(31) sections 40601–40611; and
(32) section 24001.
TITLE XXXII—MISCELLANEOUS
Subtitle A—Increases in Penalties
SEC. 320101. INCREASED PENALTIES FOR ASSAULT.
(a) CERTAIN OFFICERS AND EMPLOYEES.—Section 111 of title
18, United States Code, is amended—
(1) in subsection (a) by inserting ‘‘, where the acts in
violation of this section constitute only simple assault, be fined
under this title or imprisoned not more than one year, or
both, and in all other cases,’’ after ‘‘shall’’; and
(2) in subsection (b) by inserting ‘‘or inflicts bodily injury’’
after ‘‘weapon’’.
(b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATION-
ALLY PROTECTED PERSONS.—Section 112(a) of title 18, United States
Code, is amended—
(1) by striking ‘‘not more than $5,000’’ and inserting ‘‘under
this title’’;
(2) by inserting ‘‘, or inflicts bodily injury,’’ after ‘‘weapon’’;
and
(3) by striking ‘‘not more than $10,000’’ and inserting
‘‘under this title’’.
(c) MARITIME AND TERRITORIAL JURISDICTION.—Section 113 of
title 18, United States Code, is amended—
(1) in subsection (c)—
(A) by striking ‘‘of not more than $1,000’’ and inserting
‘‘under this title’’; and
(B) by striking ‘‘five’’ and inserting ‘‘ten’’; and
(2) in subsection (e)—
(A) by striking ‘‘of not more than $300’’ and inserting
‘‘under this title’’; and
(B) by striking ‘‘three’’ and inserting ‘‘six’’.
(d) CONGRESS, CABINET, OR SUPREME COURT.—Section 351(e)
of title 18, United States Code, is amended—
(1) by striking ‘‘not more than $5,000,’’ and inserting ‘‘under
this title,’’;
(2) by inserting ‘‘the assault involved in the use of a dan-
gerous weapon, or’’ after ‘‘if’’;
(3) by striking ‘‘not more than $10,000’’ and inserting
‘‘under this title’’; and
(4) by striking ‘‘for’’.
(e) PRESIDENT AND PRESIDENT’S STAFF.—Section 1751(e) of title
18, United States Code, is amended—
(1) by striking ‘‘not more than $10,000,’’ both places it
appears and inserting ‘‘under this title,’’;
(2) by striking ‘‘not more than $5,000,’’ and inserting ‘‘under
this title,’’; and
H. R. 3355—314
(3) by inserting ‘‘the assault involved the use of a dangerous
weapon, or’’ after ‘‘if ’’.
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amended—
(1) in subsection (b)—
(A) by inserting ‘‘fined under this title or’’ after ‘‘shall
be’’ in the first undesignated paragraph; and
(B) by inserting ‘‘, or both’’ after ‘‘years’’;
(2) by striking ‘‘not more than $1,000’’ and inserting ‘‘under
this title’’; and
(3) by striking ‘‘three’’ and inserting ‘‘six’’.
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of title 18,
United States Code, is amended—
(1) by striking ‘‘not more than $10,000’’ and inserting
‘‘under this title’’;
(2) by inserting ‘‘from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill’’ after ‘‘results’’;
(3) by striking ‘‘subject to imprisonment’’ and inserting
‘‘fined under this title or imprisoned’’; and
(4) by inserting ‘‘, or both’’ after ‘‘life’’.
(b) DEPRIVATION OF RIGHTS.—Section 242 of title 18, United
States Code, is amended—
(1) by striking ‘‘not more than $1,000’’ and inserting ‘‘under
this title’’;
(2) by inserting ‘‘from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or fire,’’
after ‘‘bodily injury results’’;
(3) by inserting ‘‘from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title, or’’ after ‘‘death results’’;
(4) by striking ‘‘shall be subject to imprisonment’’ and
inserting ‘‘imprisoned’’; and
(5) by inserting ‘‘, or both’’ after ‘‘life’’.
(c) FEDERALLY PROTECTED ACTIVITIES.—Section 245(b) of title
18, United States Code, is amended in the matter following para-
graph (5)—
(1) by striking ‘‘not more than $1,000’’ and inserting ‘‘under
this title’’;
(2) by inserting ‘‘from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or fire’’
after ‘‘bodily injury results;
(3) by striking ‘‘not more than $10,000’’ and inserting
‘‘under this title’’;
(4) by inserting ‘‘from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,’’ after ‘‘death
results’’;
H. R. 3355—319
Subtitle C—Audit and Report
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW
ENFORCEMENT AGENCIES RECEIVING FEDERAL ASSET
FORFEITURE FUNDS.
(a) STATE REQUIREMENT.—Section 524(c)(7) of title 28, United
States Code, is amended to read as follows:
‘‘(7)(A) The Fund shall be subject to annual audit by the
Comptroller General.
‘‘(B) The Attorney General shall require that any State
or local law enforcement agency receiving funds conduct an
annual audit detailing the uses and expenses to which the
funds were dedicated and the amount used for each use or
expense and report the results of the audit to the Attorney
General.’’.
(b) INCLUSION
IN
ATTORNEY
GENERAL’S
REPORT.—Section
524(c)(6)(C) of title 28, United States Code, is amended by adding
at the end the following flush sentence: ‘‘The report should also
contain all annual audit reports from State and local law enforce-
ment agencies required to be reported to the Attorney General
under subparagraph (B) of paragraph (7).’’.
SEC. 320302. REPORT 
TO 
CONGRESS 
ON 
ADMINISTRATIVE 
AND
CONTRACTING EXPENSES.
Section 524(c)(6) of title 28, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) a report for such fiscal year containing a description
of the administrative and contracting expenses paid from the
Fund under paragraph (1)(A).’’.
Subtitle D—Coordination
SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND
PREVENTION PROGRAMS.
The Attorney General shall consult with the Secretary of the
Department of Health and Human Services in establishing and
carrying out the substance abuse treatment and prevention compo-
nents of the programs authorized under this Act, to assure coordina-
tion of programs, eliminate duplication of efforts and enhance the
effectiveness of such services.
Subtitle E—Gambling
SEC. 320501. CLARIFYING 
AMENDMENT 
REGARDING 
SCOPE 
OF
PROHIBITION AGAINST GAMBLING ON SHIPS IN INTER-
NATIONAL WATERS.
The paragraph of section 1081 of title 18, United States Code,
defining the term ‘‘gambling ship’’ is amended by adding at the
end the following: ‘‘Such term does not include a vessel with respect
to gambling aboard such vessel beyond the territorial waters of
the United States during a covered voyage (as defined in section
H. R. 3355—320
4472 of the Internal Revenue Code of 1986 as in effect on January
1, 1994).’’.
Subtitle F—White Collar Crime
Amendments
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAP-
PING.
(a) PROCEEDS OF EXTORTION.—Chapter 41 of title 18, United
States 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 imprison-
ment for more than 1 year, knowing the same to have been unlaw-
fully 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 inter-
state 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 pro-
ceeds 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 mean-
ing 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:
H. R. 3355—321
‘‘§ 1033. Crimes by or affecting persons engaged in the busi-
ness of insurance whose activities affect inter-
state 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 trans-
action 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, abstrac-
tion, 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 imprison-
ment shall be not more than 15 years. If the amount or value
so embezzled, abstracted, purloined, or misappropriated does not
exceed $5,000, whoever 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
H. R. 3355—322
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 involv-
ing the business of insurance whose activities affect interstate com-
merce 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 com-
merce 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 per-
mits 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 insur-
ers or who are other persons authorized to act on behalf of
such persons;
‘‘(2) the term ‘insurer’ means any entity the business activ-
ity 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;
H. R. 3355—323
‘‘(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 sec-
tion 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 subpara-
graph:
‘‘(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 insur-
ance whose activities affect interstate commerce; or’’.
H. R. 3355—324
(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 trans-
action 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 para-
graph (1)(A) in connection with any person referred to
in such paragraph is—
‘‘(i) an offense under—
H. R. 3355—325
‘‘(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 sec-
tion 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 applica-
tion of paragraph (1) to such person during the 10-year
period beginning on the date the conviction or the agree-
ment 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 per-
son 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.’’.
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 associa-
tion’ means—
‘‘(1) a Federal savings association or State savings associa-
tion (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 semi-
colon; and
(3) by adding at the end the following new paragraph:
H. R. 3355—326
‘‘(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 Neighbor-
hoods 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 estab-
lished 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 determina-
tion 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.
H. R. 3355—327
(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 Restora-
tion 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 manage-
ment objectives on Federal lands.
SEC. 320804. OTHER RELIEF.
Injunctive relief against a violation of section 320802 may be
sought by—
(1) the head of a State agency with jurisdiction over fish
or wildlife management;
(2) the Attorney General of the United States; or
(3) any person who is or would be adversely affected by
the violation.
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL
ACTIONS.
This subtitle does not preempt a State law or local ordinance
that provides for civil or criminal penalties for conduct that violates
this subtitle.
SEC. 320806. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 320807. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to impair a right
guaranteed to a person under the first article of amendment to
the Constitution or limit any legal remedy for forceful interference
with a person’s lawful participation in speech or peaceful assembly.
SEC. 320808. DEFINITIONS.
As used in this subtitle:
(1) FEDERAL LANDS.—The term ‘‘Federal lands’’ means—
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) LAWFUL
HUNT.—The term ‘‘lawful hunt’’ means the
taking or harvesting (or attempted taking or harvesting) of
wildlife or fish, on Federal lands, which—