H. R. 3355—328
(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 para-
graph:
‘‘(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 sub-
chapter, (ii) knowing or having reason to know that the informa-
tion was obtained through the interception of such a commu-
nication in connection with a criminal investigation, (iii) having
obtained or received the information in connection with a crimi-
nal investigation, and (iv) with intent to improperly obstruct,
impede, or interfere with a duly authorized criminal investiga-
tion,’’.
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—
H. R. 3355—329
‘‘ ‘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 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.’’.
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUG-
GLING, AND PROPERTY DAMAGE OFFENSES TO ELIMI-
NATE 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 sub-
section (a)(4) or (a)(5)’’ and inserting ‘‘Whoever attempts to violate
subsection (a)’’.
H. R. 3355—330
(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 para-
graphs (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, ordi-
nary 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 meas-
H. R. 3355—331
ures 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 con-
sultation 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 orga-
nized crime problem.
H. R. 3355—332
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 author-
ized 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.’’.
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 obliter-
ated; 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 representa-
tion’ 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.’’.
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:
H. R. 3355—333
‘‘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 connec-
tion 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, tele-
cast, 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—
(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
H. R. 3355—334
Order 12839 and other Executive memoranda mandating reductions
in the Federal workforce.
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST
TRAVELERS.
(a) IN GENERAL.—Chapter 33 of title 28, United States Code,
is amended by adding at the end the following new section:
‘‘§ 540A. Investigation of violent crimes against travelers
‘‘(a) IN GENERAL.—At the request of an appropriate law enforce-
ment official of a State or political subdivision, the Attorney General
and Director of the Federal Bureau of Investigation may assist
in the investigation of a felony crime of violence in violation of
the law of any State in which the victim appears to have been
selected because he or she is a traveler.
‘‘(b) FOREIGN TRAVELERS.—In a case in which the traveler
who is a victim of a crime described in subsection (a) is from
a foreign nation, the Attorney General and Director of the Federal
Bureau of Investigation, and, when appropriate, the Secretary of
State shall assist the prosecuting and law enforcement officials
of a State or political subdivision to the fullest extent possible
in securing from abroad such evidence or other information as
may be needed for the effective investigation and prosecution of
the crime.
‘‘(c) DEFINITIONS.—In this section—
‘‘ ‘felony crime of violence’ means an offense punishable
by more than one year in prison that has as an element the
use, attempted use, or threatened use of physical force against
the person of another.
‘‘ ‘State’ means a State, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
‘‘ ‘traveler’ means a victim of a crime of violence who is
not a resident of the State in which the crime of violence
occurred.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
33 of title 28, United States Code, is amended by adding at the
end the following new item:
‘‘540A. Investigation of violent crimes against travelers.’’.
SEC. 320917. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
(a) IN GENERAL.—Section 844(i) of title 18, United States Code,
is amended by adding at the end the following: ‘‘No person shall
be prosecuted, tried, or punished for any noncapital offense under
this subsection unless the indictment is found or the information
is instituted within 7 years after the date on which the offense
was committed.’’.
(b) APPLICATION OF AMENDMENT.—The amendment made by
subsection (a) shall not apply to any offense described in the amend-
ment that was committed more than 5 years prior to the date
of enactment of this Act.
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND
VISITATION RIGHTS.
It is the sense of the Congress that in determining child custody
and visitation rights, the courts should take into consideration
the history of drunk driving that any person involved in the deter-
mination may have.
H. R. 3355—335
SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM.
Nothing in this Act shall be construed to prohibit or exclude
the expenditure of appropriations to grant recipients that would
have been or are eligible to receive grants under subpart 1 of
part E of the Omnibus Crime Control and Safe Streets Act of
1968.
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY, U.S.A.
It is the sense of the Senate that in celebration of ‘‘Law Day,
U.S.A.’’, May 1, 1995, the grateful people of this Nation should
give special emphasis to all law enforcement personnel of the United
States, and the grateful people of this Nation should acknowledge
the unflinching and devoted service law enforcement personnel
perform as such personnel help preserve domestic tranquillity and
guarantee the legal rights of all individuals of this Nation.
SEC. 320921. FIRST 
TIME 
DOMESTIC 
VIOLENCE 
OFFENDER
REHABILITATION PROGRAM.
(a) SENTENCE OF PROBATION.—Section 3561 of title 18, United
States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting the following new subsection after sub-
section (a):
‘‘(b) DOMESTIC VIOLENCE OFFENDERS.—A defendant who has
been convicted for the first time of a domestic violence crime shall
be sentenced to a term of probation if not sentenced to a term
of imprisonment. The term ‘domestic violence crime’ means a crime
of violence for which the defendant may be prosecuted in a court
of the United States in which the victim or intended victim is
the spouse, former spouse, intimate partner, former intimate part-
ner, child, or former child of the defendant, or any relative defend-
ant, child, or former child of the defendant, or any other relative
of the defendant.’’.
(b) CONDITIONS
OF PROBATION.—Section 3563(a) of title 18,
United States Code, is amended by—
(1) striking ‘‘and’’ at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and
inserting ‘‘; and’’; and
(3) by inserting the following new paragraph:
‘‘(4) for a domestic violence crime as defined in section
3561(b) by a defendant convicted of such an offense for the
first time that the defendant attend a public, private, or private
nonprofit offender rehabilitation program that has been
approved by the court, in consultation with a State Coalition
Against Domestic Violence or other appropriate experts, if an
approved program is readily available within a 50-mile radius
of the legal residence of the defendant.’’.
(c) SUPERVISED RELEASE.—Section 3583 of title 18, United
States Code, is amended—
(1) in subsection (a) by inserting ‘‘or if the defendant has
been convicted for the first time of a domestic violence crime
as defined in section 3561(b)’’ after ‘‘statute’’; and
(2) in subsection (d) by inserting the following after the
first sentence: ‘‘The court shall order as an explicit condition
of supervised release for a defendant convicted for the first
time of a domestic violence crime as defined in section 3561(b)
that the defendant attend a public, private, or private nonprofit
H. R. 3355—336
offender rehabilitation program that has been approved by
the court, in consultation with a State Coalition Against Domes-
tic Violence or other appropriate experts, if an approved pro-
gram is readily available within a 50-mile radius of the legal
residence of the defendant.’’.
SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
(a) PUBLIC LAW 87–726.—The first section of Public Law 87–
726 (36 U.S.C. 167) is amended—
(1) by striking ‘‘(2)’’ and inserting ‘‘(3)’’;
(2) by inserting after clause (1) the following new clause:
‘‘(2) directing the officials of the Government to display at
halfstaff the flag of the United States on all Government build-
ings on such day, as provided by section 3(m) of the Act of
June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175),’’;
(3) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; and
(4) by inserting in paragraph (4) ‘‘, including the display
at halfstaff of the flag of the United States’’ after ‘‘activities’’.
(b) ACT OF JUNE 22, 1942.—Section 3(m) of the Act of June
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended
by inserting ‘‘The flag shall be flown at halfstaff on Peace Officers
Memorial Day, unless that day is also Armed Forces Day.’’ after
‘‘a Member of Congress.’’.
SEC. 320923. FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101–509, approved November 5,
1990, is amended by striking ‘‘with the authority of the Resolution
Trust Corporation or its successor’’ at the end of subsection (b)(2)
and inserting ‘‘on December 31, 2004’’.
SEC. 320924. DEFINITION OF ‘‘PARENT’’ FOR THE PURPOSES OF THE
OFFENSE OF KIDNAPPING.
Section 1201 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 ‘parent’ does not include
a person whose parental rights with respect to the victim of an
offense under this section have been terminated by a final court
order.’’.
SEC. 320926. HATE CRIME STATISTICS ACT.
Subsection (b)(1) of the first section of the Hate Crime Statistics
Act (28 U.S.C. 534 note) is amended by inserting ‘‘disability,’’ after
‘‘religion,’’.
SEC. 320927. EXEMPTION 
FROM 
BRADY 
BACKGROUND 
CHECK
REQUIREMENT OF RETURN OF HANDGUN TO OWNER.
Section 922(s)(1) of title 18, United States Code, is amended
in the first sentence by inserting ‘‘(other than the return of a
handgun to the person from whom it was received)’’ after ‘‘handgun’’.
SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT
OF 1993.
(a) PROTECTION
OF
THE
ELDERLY
AND
INDIVIDUALS
WITH
DISABILITIES.—
(1) BACKGROUND CHECKS.—Section 3(a)(1) of the National
Child Protection Act of 1993 (42 U.S.C. 5119a) is amended
by striking ‘‘an individual’s fitness to have responsibility for
the safety and well-being of children’’ and inserting ‘‘the provid-