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.