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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.