






   
   
      TITLE XXXII-MISCELLANEOUS Sections 320804-320915
      
   
   
   
   
   SEC. 320804. OTHER RELIEF.
   
   
   
   Injunctive relief against a violation of section 320802 may be
   by-
   
   
   
   (1) the head of a State agency with jurisdiction over fish or
   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-
   
   
   
   (A) is lawful under the laws applicable in the place it occurs; and
   
   
   
   (B) does not infringe upon a right of an owner of private property.
   
   
   
   (3) National forest .-The term "national forest" means lands included
   in the National Forest System (as defined in section 11(a) of the
   Forest and Rangeland Renewable Resources Planning Act of 1974 (16
   U.S.C. 1609(a))).
   
   
   
   (4) National park .-The term "national park" means lands and waters
   included in the National Park System (as defined in section 2(a) of
   the Act entitled "An Act to facilitate the management of the National
   Park System and miscellaneous areas administered in connection with
   that system, and for other purposes", approved August 8, 1953 (16
   U.S.C. 1c(a))).
   
   
   
   (5) Public lands .-The term "public lands" has the same meaning as is
   provided in section 103(e) of the Federal Land Policy and Management
   Act of 1976 (43 U.S.C. 1702(e)).
   
   
   
   (6) Secretary .-The term "Secretary" means-
   
   
   
   (A) the Secretary of Agriculture with respect to national forests; and
   
   
   
   
   (B) the Secretary of the Interior with respect to-
   
   
   
   (i) public lands;
   
   
   
   (ii) national parks; and
   
   
   
   (iii) wildlife refuges.
   
   
   
   (7) Wildlife refuge .-The term "wildlife refuge" means lands and
   waters included in the National Wildlife Refuge System (as established
   by section 4 of the National Wildlife Refuge System Administration Act
   of 1966 (16 U.S.C. 668dd)).
   
   
   
   (8) Conduct .-The term "conduct" does not include speech protected by
   the first article of amendment to the Constitution.
   
   
   
   Subtitle I-Other Provisions
   
   
   
   SEC. 320901. WIRETAPS.
   
   
   
   Section 2511(1) of title 18, United States Code, is amended-
   
   
   
   (1) by striking "or" at the end of paragraph (c);
   
   
   
   (2) by inserting "or" at the end of paragraph (d); and
   
   
   
   (3) by adding after paragraph (d) the following new paragraph: "(e)(i)
   intentionally discloses, or endeavors to disclose, to any other person
   the contents of any wire, oral, or electronic communication,
   intercepted by means authorized by sections 2511(2)(A)(ii),
   2511(b)-(c), 2511(e), 2516, and 2518 of this subchapter, (ii) knowing
   or having reason to know that the information was obtained through the
   interception of such a communication in connection with a criminal
   investigation, (iii) having obtained or received the information in
   connection with a criminal investigation, and (iv) with intent to
   improperly obstruct, impede, or interfere with a duly authorized
   criminal investigation,".
   
   
   
   SEC. 320902. THEFT OF MAJOR ARTWORK.
   
   
   
   (a) Offense .-Chapter 31 of title 18, United States Code, is amended
   by adding at the end the following new section:
   
   
   
   " 668. Theft of major artwork
   
   
   
   "(a) Definitions .-In this section-
   
   
   
   " 'museum' means an organized and permanent institution, the
   activities of which affect interstate or foreign commerce, that-
   
   
   
   "(A) is situated in the United States;
   
   
   
   "(B) is established for an essentially educational or aesthetic
   purpose;
   
   
   
   "(C) has a professional staff; and
   
   
   
   "(D) owns, utilizes, and cares for tangible objects that are exhibited
   to the public on a regular schedule.
   
   
   
   " 'object of cultural heritage' means an object that is-
   
   
   
   "(A) over 100 years old and worth in excess of $ 5,000; or
   
   
   
   "(B) worth at least $ 100,000.''.
   
   
   
   "(b) Offenses .-A person who-
   
   
   
   "(1) steals or obtains by fraud from the care, custody, or control of
   a museum any object of cultural heritage; or
   
   
   
   "(2) knowing that an object of cultural heritage has been stolen or
   obtained by fraud, if in fact the object was stolen or obtained from
   the care, custody, or control of a museum (whether or not that fact is
   known to the person), receives, conceals, exhibits, or disposes of the
   object,
   
   
   
   shall be fined under this title, imprisoned not more than 10 years, or
   both.".
   
   
   
   (b) Period of Limitation .-Chapter 213 of title 18, United States
   Code, is amended by adding at the end the following new section:
   
   
   
   " 3294. Theft of major artwork
   
   
   
   "No person shall be prosecuted, tried, or punished for a violation of
   or conspiracy to violate [*H8860] section 668 unless the indictment is
   returned or the information is filed within 20 years after the
   commission of the offense.".
   
   
   
   (d) Technical Amendments .-
   
   
   
   (1) Chapter 31 .-The chapter analysis for chapter 31 of title 18,
   United States Code, is amended by adding at the end the following new
   item:
   
   
   
   "668. Theft of major artwork.".
   
   
   
   (2) Chapter 213 .-The chapter analysis for chapter 213 of title 18,
   United States Code, is amended by adding at the end the following new
   item:
   
   
   
   "3294. Theft of major artwork.".
   
   
   
   H4 SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING,
   AND PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND GAPS IN
   COVERAGE.
   
   
   
   (a) Robbery and Burglary .-(1) Section 2111 of title 18, United States
   Code, is amended by inserting "or attempts to take" after "takes".
   
   
   
   (2) Section 2112 of title 18, United States Code, is amended by
   inserting "or attempts to rob" after "robs".
   
   
   
   (3) Section 2114 of title 18, United States Code, is amended by
   inserting "or attempts to rob" after "robs".
   
   
   
   (b) Kidnapping .-Section 1201(d) of title 18, United States Code, is
   amended by striking "Whoever attempts to violate subsection (a)(4) or
   (a)(5)" and inserting "Whoever attempts to violate subsection (a)".
   
   
   
   (c) Smuggling .-Section 545 of title 18, United States Code, is
   amended by inserting "or attempts to smuggle or clandestinely
   introduce" after "smuggles, or clandestinely introduces".
   
   
   
   (d) Malicious Mischief .-(1) Section 1361 of title 18, United States
   Code, is amended-
   
   
   
   (A) by inserting "or attempts to commit any of the foregoing offenses"
   before "shall be punished", and
   
   
   
   (B) by inserting "or attempted damage" after "damage" each place it
   appears.
   
   
   
   (2) Section 1362 of title 18, United States Code, is amended by
   inserting "or attempts willfully or maliciously to injure or destroy"
   after "willfully or maliciously injures or destroys".
   
   
   
   (3) Section 1366 of title 18, United States Code, is amended- (A) by
   inserting "or attempts to damage" after "damages" each place it
   appears;
   
   
   
   (B) by inserting "or attempts to cause" after "causes"; and
   
   
   
   (C) by inserting "or would if the attempted offense had been completed
   have exceeded" after "exceeds" each place it appears.
   
   
   
   SEC. 320904. GUN-FREE SCHOOL ZONES.
   
   
   
   Section 922(q) of title 18, United States Code, is amended-
   
   
   
   (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2),
   (3), and (4), respectively; and
   
   
   
   (2) by inserting after "(q)" the following new paragraph:
   
   
   
   "(1) The Congress finds and declares that-
   
   
   
   "(A) crime, particularly crime involving drugs and guns, is a
   pervasive, nationwide problem;
   
   
   
   "(B) crime at the local level is exacerbated by the interstate
   movement of drugs, guns, and criminal gangs;
   
   
   
   "(C) firearms and ammunition move easily in interstate commerce and
   have been found in increasing numbers in and around schools, as
   documented in numerous hearings in both the Judiciary Committee of the
   House of Representatives and Judiciary Committee of the Senate;
   
   
   
   "(D) in fact, even before the sale of a firearm, the gun, its
   component parts, ammunition, and the raw materials from which they are
   made have considerably moved in interstate commerce;
   
   
   
   "(E) while criminals freely move from State to State, ordinary
   citizens and foreign visitors may fear to travel to or through certain
   parts of the country due to concern about violent crime and gun
   violence, and parents may decline to send their children to school for
   the same reason;
   
   
   
   "(F) the occurrence of violent crime in school zones has resulted in a
   decline in the quality of education in our country;
   
   
   
   "(G) this decline in the quality of education has an adverse impact on
   interstate commerce and the foreign commerce of the United States;
   
   
   
   "(H) States, localities, and school systems find it almost impossible
   to handle gun-related crime by themselves; even States, localities,
   and school systems that have made strong efforts to prevent, detect,
   and punish gun-related crime find their efforts unavailing due in part
   to the failure or inability of other States or localities to take
   strong measures; and "(I) Congress has power, under the interstate
   commerce clause and other provisions of the Constitution, to enact
   measures to ensure the integrity and safety of the Nation's schools by
   enactment of this subsection.".
   
   
   
   SEC. 320905. INTERSTATE WAGERING.
   
   
   
   Section 1301 of title 18, United States Code, is amended by inserting
   "or, being engaged in the business of procuring for a person in 1
   State such a ticket, chance, share, or interest in a lottery, gift,
   enterprise or similar scheme conducted by another State (unless that
   business is permitted under an agreement between the States in
   question or appropriate authorities of those States), knowingly
   transmits in interstate or foreign commerce information to be used for
   the purpose of procuring such a ticket, chance, share, or interest;"
   after "scheme;".
   
   
   
   SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
   TRUCKERS.
   
   
   
   It is the sense of Congress that-
   
   
   
   (1) when there is Federal jurisdiction, Federal authorities should
   prosecute to the fullest extent of the law murders, rapes, burglaries,
   kidnappings and assaults committed against commercial truckers; and
   
   
   
   (2) appropriate Federal agencies should acknowledge this problem and
   place a priority on evaluating how best to prevent these crimes and
   apprehend those involved, and continue to coordinate their activities
   with multi-jurisdictional authorities to combat violent crimes
   committed against truckers.
   
   
   
   SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK
   BIRTHS.
   
   
   
   It is the sense of the Senate that-
   
   
   
   (1) the Secretary of Health and Human Services, in consultation with
   the National Center for Health Statistics, should prepare an analysis
   of the causes of the increase in out-of-wedlock births, and determine
   whether there is any historical precedent for such increase, as well
   as any equivalent among foreign nations, and
   
   
   
   (2) the Secretary of Health and Human Services should report to
   Congress within 12 months after the date of the enactment of this Act
   on the Secretary's analysis of the out-of-wedlock problem and its
   causes, as well as possible remedial measures that could be taken.
   
   
   
   SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED
   NATIONS IN INTERNATIONAL ORGANIZED CRIME CONTROL.
   
   
   
   It is the sense of the Senate that-
   
   
   
   (1) the United States should encourage the development of a United
   Nations Convention on Organized Crime; and
   
   
   
   (2) the United Nations should-
   
   
   
   (A) provide significant additional resources to the Commission on
   Crime Prevention and Criminal Justice;
   
   
   
   (B) consider an expansion of the Commission's role and authority; and
   (C) seek a cohesive approach to the international organized crime
   problem.
   
   
   
   SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.
   
   
   
   (a) In General .-Chapter 211 of title 18, United States Code, is
   amended by inserting after section 3238 the following new section:
   
   
   
   " 3239. Optional venue for espionage and related offenses
   
   
   
   "The trial for any offense involving a violation, begun or committed
   upon the high seas or elsewhere out of the jurisdiction of any
   particular State or district, of-
   
   
   
   "(1) section 793, 794, 798, or section 1030(a)(1) of this title;
   
   
   
   "(2) section 601 of the National Security Act of 1947 (50 U.S.C. 421);
   or
   
   
   
   "(3) section 4(b) or 4(c) of the Subversive Activities Control Act of
   1950 (50 U.S.C. 783 (b) or (c));
   
   
   
   may be in the District of Columbia or in any other district authorized
   by law.".
   
   
   
   (b) Technical Amendment .-The item relating to section 3239 in the
   table of sections of chapter 211 of title 18, United States Code, is
   amended to read as follows:
   
   
   
   "3239. Optional venue for espionage and related offenses.".
   
   
   
   H4 SEC. 320910. UNDERCOVER OPERATIONS.
   
   
   
   (a) In General .-Chapter 1 of title 18, United States Code, is amended
   by adding at the end the following new section:
   
   
   
   " 21. Stolen or counterfeit nature of property for certain crimes
   defined
   
   
   
   "(a) Wherever in this title it is an element of an offense that-
   
   
   
   "(1) any property was embezzled, robbed, stolen, converted, taken,
   altered, counterfeited, falsely made, forged, or obliterated; and
   
   
   
   "(2) the defendant knew that the property was of such character;
   
   
   
   such element may be established by proof that the defendant, after or
   as a result of an official representation as to the nature of the
   property, believed the property to be embezzled, robbed, stolen,
   converted, taken, altered, counterfeited, falsely made, forged, or
   obliterated.
   
   
   
   "(b) For purposes of this section, the term 'official representation'
   means any representation made by a Federal law enforcement officer (as
   defined in section 115) or by another person at the direction or with
   the approval of such an officer.".
   
   
   
   (b) Technical Amendment .-The table of sections of chapter 1 of title
   18, United States Code, is amended by adding at the end the following
   new item: "21. Stolen or counterfeit nature of property for certain
   crimes defined.".
   
   
   
   H4 SEC. 320911. MISUSE OF INITIALS "DEA".
   
   
   
   (a) Amendment .-Section 709 of title 18, United States Code, is
   amended-
   
   
   
   (1) in the thirteenth unnumbered paragraph by striking "words-" and
   inserting "words; or"; and
   
   
   
   (2) by inserting after the thirteenth unnumbered paragraph the
   following new paragraph:
   
   
   
   "A person who, except with the written permission of the Administrator
   of the Drug Enforcement Administration, knowingly uses the words 'Drug
   Enforcement
   
   
   
   Administration' or the initials 'DEA' or any colorable imitation of
   such words or initials, in connection with any advertisement,
   circular, book, pamphlet, software or other publication, play, motion
   picture, broadcast, telecast, or other production, in a manner
   reasonably calculated to convey the impression that such
   advertisement, circular, book, pamphlet, software or other
   publication, play, motion picture, broadcast, telecast, or other
   production is approved, endorsed, or authorized by the Drug
   Enforcement Administration;".
   
   
   
   (b) Effective Date .-The amendment made by subsection (a) shall become
   effective on the date that is 90 days after the date of enactment of
   this Act.
   
   
   
   SEC. 320912. DEFINITION OF LIVESTOCK.
   
   
   
   Section 2311 of title 18, United States Code, is amended by inserting
   after the second paragraph relating to the definition of "cattle" the
   following new paragraph:
   
   
   
   " 'livestock' means any domestic animals raised for home use,
   consumption, or profit, such as horses, pigs, llamas, goats, fowl,
   sheep, buffalo, and cattle, or the carcasses thereof.".
   
   
   
   SEC. 320913. ASSET FORFEITURE.
   
   
   
   (a) Amendment .-Section 524(c)(1) of title 28, United States Code, is
   amended- [*H8861]
   
   
   
   (1) by redesignating subparagraph (H) as subparagraph (I); and
   
   
   
   (2) by inserting after subparagraph (G) the following new
   subparagraph:
   
   
   
   "(H) the payment of State and local property taxes on forfeited real
   property that accrued between the date of the violation giving rise to
   the forfeiture and the date of the forfeiture order; and".
   
   
   
   (b) Application of Amendment .-The amendment made by subsection (a)
   shall apply to all claims pending at the time of or commenced
   subsequent to the date of enactment of this Act.
   
   
   
   SEC. 320914. CLARIFICATION OF DEFINITION OF A "COURT OF THE UNITED
   STATES" TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN MARIANA
   ISLANDS, AND THE VIRGIN ISLANDS.
   
   
   
   (a) In General .-Chapter 1 of title 18, United States Code, is amended
   by adding at the end the following new section:
   
   
   
   " 23. Court of the United States defined
   
   
   
   "As used in this title, except where otherwise expressly provided the
   term 'court of the United States' includes the District Court of Guam,
   the District Court for the Northern Mariana Islands, and the District
   Court of the Virgin Islands.".
   
   
   
   (b) Technical Amendment .-The chapter analysis for chapter 1 of title
   18, United States Code, is amended by adding at the end the following
   new item:
   
   
   
   "23. Court of the United States defined.".
   
   
   
   SEC. 320915. LAW ENFORCEMENT PERSONNEL.
   
   
   
   It is the sense of the Senate that law enforcement personnel should
   not be reduced and calls upon the President of the United States to
   exempt Federal law enforcement positions from Executive Order 12839
   and other Executive memoranda mandating reductions in the Federal
   workforce.

