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“(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (c).";

(4) in subsection (f) (as so redesignated by paragraph (2) of this subsection), by adding at the end the following:

“(3) The term 'Federal court facility' means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States."; and

(5) in subsection (g) (as so redesignated by paragraph (2) of this subsection)

(A) by inserting "and notice of subsection (d) shall be posted conspicuously at each public entrance to each Federal court facility," after the first comma;

(B) by inserting "or (d)” before "with respect to"; and

(C) by inserting "or (d), as the case may be" before the

period. (b) EFFECTIVE DATE.— The amendments made by subsection (a) shall apply to conduct engaged in after the date of the enactment of this Act.

18 USC 930 note.

TITLE XXIII-CHEMICAL DIVERSION AND

TRAFFICKING

SEC. 2301. CHEMICAL DIVERSION AND TRAFFICKING.

(a) NEW LISTED PRECURSOR CHEMICALS.-Section 102(34) of the Controlled Substances Act (21 U.S.C. 802(34)) is amended by adding at the end the following:

“(M) Methylamine.
"(N) Ethylamine.
"(O) D-lysergic acid.
"(P) Propionic anhydride.
"(Q) Insosafrole.
"(R) Safrole.
"(S) Piperonal.
"(T) N-Methylepherdrine.
"(U) N-ethylephedrine.
(V) N-methylpseudoephedrine.
"(W) N-ethylpseudoephedrine.
"(X) Hydriotic acid.

"(Y) Any salt, optical isomer, or salt of an optical isomer of the chemicals listed in subparagraphs (M) through (X) of this

paragraph.". (b) CONFORMING REPEAL.-Section 102(35) of the Controlled Substances Act (21 U.S.C. 802(35)) is amended by striking subparagraph (E).

TITLE XXIV–DRUG PARAPHERNALIA

SEC. 2401. DRUG PARAPHERNALIA.

(a) IN GENERAL.- The Controlled Substances Act is amended by adding at the end of part D the following:

"DRUG PARAPHERNALIA “SEC. 422. (a) It is unlawful for any person

21 USC 863. “(1) to sell or offer for sale drug paraphernalia;

“(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or

“(3) to import or export drug paraphernalia.”. (b) TRANSFER OF REMAINING EXISTING PROVISIONS RELATING TO 21 USC 857, 863. DRUG PARAPHERNALIA.—Subsections (b) through (f) of section 1822 of the Anti-Drug Abuse Act of 1986 (21 U.S.C. 857) are transferred to appear as subsections (b) through (f) of the section 422 added to the Controlled Substances Act by this section.

(c) TECHNICAL CORRECTIONS TO TRANSFERRED PROVISIONS.—The 21 USC 863. provisions of law transferred by subsection (b) are amended

(1) in subsection (b), by striking "not more than $100,000" and inserting "under title 18, United States Code"; and

(2) in subsection (f), by striking “This subtitle” and inserting "This section". (d) CONFORMING REPEAL.–Subtitle 0 of title I of the Anti-Drug 21 USC 801 note, Abuse Act of 1986 is repealed.

857 and note.

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TITLE XXV-BANKING LAW

Comprehensive

Thrift and Bank
ENFORCEMENT

Fraud
Prosecution and

Taxpayer
SEC. 2500. SHORT TITLE.

Recovery Act of

1990. This title may be cited as the “Comprehensive Thrift and Bank 18 USC 1001 Fraud Prosecution and Taxpayer Recovery Act of 1990”.

note.

Subtitle A-Enhanced Criminal Penalties

SEC. 2501. CONCEALMENT OF ASSETS FROM FDIC, RTC, OR NCUA ESTAB

LISHED AS CRIMINAL OFFENSE. (a) IN GENERAL-Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: “8 1032. Concealment of assets from conservator, receiver, or liq

uidating agent of financial institution "Whoever

"(1) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation's corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13, of the Federal Deposit Insurance Act, the Resolution Trust Corporation, any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, or the National Credit Union Administration Board, acting as conservator or liquidating agent;

"(2) corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator; or

“(3) corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator,

shall be fined under this title or imprisoned not more than 5 years, or both.”.

(b) CLERICAL AMENDMENT.—The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1031 the following new item: “1032. Concealment of assets from conservator, receiver, or liquidating agent of

financial institution.".

SEC. 2502. PROHIBITION ON CONTROL OF OR PARTICIPATION IN DEPOSI.

TORY INSTITUTION BY CERTAIN CONVICTED PERSONS. (a) FDIC INSURED DEPOSITORY INSTITUTIONS.-Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended to read as follows: “(a) PROHIBITION.

“(1) IN GENERAL.-Except with the prior written consent of the Corporation

(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 depository institution;

"(ii) own or control, directly or indirectly, any insured depository institution; or

“(iii) otherwise participate, directly or indirectly, in the conduct of the affairs of any insured depository

institution; and “(B) any insured depository institution 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, or 1956 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 Corporation may not consent to any exception to the application of paragraph (1) to such person during the 10year 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 Corporation, 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

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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.”. SEC. 2503. CRIME OF OBSTRUCTING AN EXAMINER.

(a) IN GENERAL.- Chapter 73 of title 18, United States Code (relating to obstruction of justice) is amended by inserting after section 1516 the following new section: “8 1517. Obstructing examination of financial institution

“Whoever corruptly obstructs or attempts to obstruct any examination of a financial institution by an agency of the United States with jurisdiction to conduct an examination of such financial institution shall be fined under this title, imprisoned not more than 5 years, or both.”.

(b) CLERICAL AMENDMENT.-The table of sections for chapter 73 of title 18, United States Code, is amended by inserting after the item relating to section 1516 the following new item: "1517. Obstructing examination of financial institution.”. SEC. 2504. INCREASING BANK FRAUD AND EMBEZZLEMENT PENALTIES.

(a) RECEIPT OF COMMISSIONS OR GIFTS FOR PROCURING LOANS.— Section 215(a) of title 18, United States Code, is amended by striking "20" and inserting “30”.

(b) THEFT, EMBEZZLEMENT, OR MISAPPLICATION BY BANK OFFICER OR EMPLOYEE.-Section 656 of title 18, United States Code, is amended by striking “20” and inserting “30”.

(c) LENDING, CREDIT, AND INSURANCE INSTITUTIONS.-Section 657 of title 18, United States Code, is amended by striking "20" and inserting "30".

(d) BANK ENTRIES, REPORTS, AND TRANSACTIONS.-Section 1005 of title 18, United States Code, is amended by striking “20” and inserting “30”.

(e) FEDERAL CREDIT INSTITUTION ENTRIES, REPORTS, AND TRANSACTIONS.—Section 1006 of title 18, United States Code, is amended by striking "20" and inserting “30”.

(f) FEDERAL DEPOSIT INSURANCE CORPORATION TRANSACTIONS.Section 1007 of title 18, United States Code, is amended by striking “20” and inserting “30”.

(g) FALSE STATEMENTS IN LOAN, CREDIT, AND CROP INSURANCE APPLICATIONS.-Section 1014 of title 18, United States Code, is amended by striking “20” and inserting “30”.

(h) FRAUDS AND SWINDLES AFFECTING FINANCIAL INSTITUTIONS.— The last sentence of section 1341 of title 18, United States Code, is amended by striking "20" and inserting "30".

(i) WIRE FRAUDS AFFECTING FINANCIAL INSTITUTIONS.—The last sentence of section 1343 of title 18, United States Code, is amended by striking "20" and inserting “30”.

(j) BANK FRAUD.-Section 1344 of title 18, United States Code, is amended by striking “20” and inserting “30”.

18 USC 3293 note.

SEC. 2505. STATUTE OF LIMITATIONS FOR RICO OFFENSES INVOLVING

FINANCIAL INSTITUTIONS.
(a) IN GENERAL.-Section 3293 of title 18, United States Code, is
amended-

(1) by striking “or” at the end of paragraph (1);
(2) by inserting “or” at the end of paragraph (2); and

(3) by inserting after paragraph (2) the following new paragraph:

"(3) section 1963, to the extent that the racketeering activity involves a violation of section 1344;". (b) SCOPE OF APPLICATION.—The amendments made by subsection (a) shall apply to any offense committed before the date of the enactment of this section, if the statute of limitations applicable to that offense had not run as of such date. SEC. 2506. MONEY LAUNDERING INVOLVING BANK CRIMES. Section 1956(c)(7)(D) of title 18, United States Code, is amended

(1) by inserting “section 1005 (relating to fraudulent bank entries), 1006 (relating to fraudulent Federal credit institution entries), 1007 (relating to Federal Deposit Insurance transactions), 1014 (relating to fraudulent loan or credit applications), 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), ” after "section 875 (relating to interstate communications),"; and

(2) by inserting "section 1341 (relating to mail fraud) or section 1343 (relating to wire fraud) affecting a financial institu

tion," after "section 1203 (relating to hostage taking),". SEC. 2507. INCREASED PENALTIES IN MAJOR BANK CRIME CASES.

(a) INCREASED PENALTIES.- Pursuant to section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide that a defendant convicted of violating, or conspiring to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code, or section 1341 or 1343 affecting a financial institution (as defined in section 20 of title 18, United States Code), shall be assigned not less than offense level 24 under chapter 2 of the sentencing guidelines if the defendant derives more than $1,000,000 in gross receipts from the offense.

(b) AMENDMENTS TO SENTENCING GUIDELINES. If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result. SEC. 2508. RESTORATION OF PROPERTY FOR VICTIMS OF BANK CRIMES. Section 981(e) of title 18, United States Code, is amended

(1) by striking out "or" at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and

(3) by adding after paragraph (5) the following new paragraph:

“(6) in the case of property referred to in subsection (a)(1)(C), restore forfeited property to any victim of an offense described in subsection (a)(1)(C); or”.

18 USC 994 note.

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