39–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–236 

PROVIDING FOR CONSIDERATION OF H.R. 3402, DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION 

ACT, FISCAL YEARS 2006 THROUGH 2009 

SEPTEMBER 27, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 462] 

The Committee on Rules, having had under consideration House 

Resolution 462, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3402, the Department of Justice Appropriations Authorization Act, Fiscal Years 

2006 through 2009, under a structured rule. The rule provides one 

hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. The rule waives all points of order against consideration of the 

bill. 

The rule provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose 

of amendment. The rule waives all points of order against the 

amendment in the nature of a substitute recommended by the 

Committee on the Judiciary. 

The rule makes in order only those amendments printed in this 

report. The rule provides that the amendments printed in this report may be considered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in 

the Committee of the Whole. The rule waives all points of order 

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against the amendments printed in this report. The rule provides 

one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waivers of all points of order are necessary because the bill 

as reported by the Committee on the Judiciary contains appropriations on an authorizing bill in violation of clause 4, rule XXI (which 

provides a point of order on a bill or joint resolution carrying an 

appropriation when that measure is reported by a committee not 

having jurisdiction to report appropriations). 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee Record Vote No. 122 

Date: September 27, 2005. 

Measure: H.R. 3402, Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative 

Maloney which requires that the recommended National Protocol 

for Sexual Assault Medical Forensic Examinations include a recommendation that rape victims be offered information about emergency contraceptives to prevent pregnancy. 

Results: Defeated 3 to 9. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Bishop—Nay; 

Gingrey—Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 123 

Date: September 27, 2005. 

Measure: H.R. 3402, Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Stupak which increases the COPS authorization from $1.047 billion to 

$1.547 billion, and authorizes $500 million to be appropriated each 

of the fiscal Years for first responder interoperability communications grants. 

Results: Defeated 3 to 9. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Bishop—Nay; 

Gingrey—Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 124 

Date: September 27, 2005. 

Measure: H.R. 3402, Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009. 

Motion by: Mr. McGovern. 

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Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Bartlett of Maryland which establishes felony-level jail time (up to 2 

Years) for violators of the federal animal fighting law. Also prohibits interstate and foreign commerce in knives and gaffes designed specifically for cockfighting. 

Results: Defeated 3 to 9. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Bishop—Nay; 

Gingrey—Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 125 

Date: September 27, 2005. 

Measure: H.R. 3402, Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009. 

Motion by: Mrs. Matsui. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Holt 

which increases the authorization for Bureau of Justice Assistance’s Gang Resistance Education and Training (GREAT) program to $50 million for each fiscal Year 2006–2010. 

Results: Defeated 3 to 9. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Bishop—Nay; 

Gingrey—Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; 

Dreier—Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Sensenbrenner: Makes various technical changes to the bill requested by various members and the Department of Justice. It also 

includes a few miscellaneous fixes for grant programs to ensure Secure our Schools is preserved as a stand alone program and ensures that Native American Tribes are eligible for DOJ grants including the new Justice Assistance Grants programs and the Weed 

and Seed program grants. 

The manager’s amendment corrects a constitutional problem in 

the bill by making it clear that grant applicants should stress in 

their applications how they will try to meet the needs of populations that are currently underserved by existing Violence Against 

Women programs. The bill unintentionally would have allowed certain grant awards based solely on a grantee’s ability to address the 

needs of racial and ethnic minorities. 

The Department of Justice and others raised the question of 

whether such a requirement violated the constitutional prohibition 

against conditioning federal funding solely on the basis of race. To 

correct the problem, the Manager’s Amendment clarifies that such 

funding should be based on the applicant’s ability to address the 

needs of ‘‘populations underserved because of geographic location, 

underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined 

to be underserved by the Attorney General. This alleviates the constitutional concern, and effectuates the intent of the committee 

when drafting the bill. 

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The manager’s amendment reauthorizes the Secure our Schools 

grant program and authorizes a program for training prosecutors 

for child abuse cases. Additionally, the manager’s amendment also 

includes an amendment in the wake of Hurricanes Katrina and 

Rita which encourages cooperation between federal, state and local 

courts and communities to ensure that state and local courts will 

be able to continue to operate using available federal facilities. (10 

minutes) 

2. Cuellar: Authorizes appropriations for the newly-structured 

Border Violence Task Force in Laredo, Texas. Authorizes appropriations of $10 million per Year for the duration of the bill to provide for equipment, personnel, administrative, and technological 

costs. Allows the Attorney General to designate the lead on the 

Border Violence Task Force that is currently being led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (10 minutes) 

3. Cuellar: Authorizes the FBI National Gang Intelligence Cen- ter. Adds $10 million in authorization for the Center for each fiscal 

Year of the bill, mirroring the $10 million appropriation given in 

FY 2005. (10 minutes) 

4. Poe: Establishes a fixed annual allocation for State victim assistance grants and OVC discretionary grants equal to the average 

amount allocated over the previous three Years plus 5 percent. 

This means the VOCA funding that covers direct services to victims does not get trumped by VOCA funding that covers federal 

bureaucracy. (10 minutes) 

5. Capuano: Authorizes the Attorney General, acting through the 

Bureau of Justice Assistance, to make grants to State and local 

prosecutors and law enforcement agencies in support of juvenile (17 

Years of age or younger) and young adult (between 18 and 21 

Years of age) witness assistance programs. Authorizes grant funds 

to be used, among other things, for: (1) counseling services to young 

witnesses of a violent crime; and (2) protective services for young 

witnesses and their families when a serious threat of harm is made 

from perpetrators or their associates. Authorizes $3 million for 

each of fiscal Years 2006 through 2009. (10 minutes) 

6. Kennedy (MN): Provides a requirement that treatment under 

the Residential Substance Abuse Treatment (RSAT) program be 

available to those individuals who have passed a regularly administered drug-screening test for three months. The Amendment also 

provides that aftercare be provided to prisoners enrolled in the 

RSAT program as a component of comprehensive substance abuse 

treatment. (10 minutes) 

7. Brown-Waite: Requires the Secretary of Health and Human 

Services to report to Congress on the correlation between a perpetrator’s drug and alcohol abuse and the reported incidence of violence at domestic violence shelters. (10 minutes) 

8. Slaughter: Requires the Office of Victims of Crime working 

with national, state, and local authorities and in collaboration with 

other federal agencies to develop and implement a plan that allows 

law enforcement officials to gather evidence of a crime during times 

of emergency even if the crime occurred outside of their jurisdiction. Furthermore, it requires OVC to coordinate, inform, and educate victims, service providers, and law enforcement officials of the 

process and mechanisms available for reporting violent crimes and 

gathering evidence during emergencies. (10 minutes) 

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9. Kolbe/Dreier/Lewis (CA): Amendment would reauthorize the 

State Criminal Alien Assistance Program (SCAAP) through FY2011 

and would increase authorized funding to $750 million for FY06, 

$850 million for FY07, and $950 million for FY08–11. Amendment 

also specifies that funds ‘‘may be used only for correctional purposes.’’ Amendment also requires the Department of Justice Inspector General submit a report on the state and local governments 

that receive SCAAP funding and whether they are cooperating with 

efforts to deport criminal aliens, whether they have policies in violation of current law, and in the case of illegal aliens released without being referred to the Department of Homeland Security, the 

number of subsequent offense committed and how many of these 

aliens were released because the state or local governments lack 

space or funds to detain them. (10 minutes) 

10. King (IA): Prohibits a person convicted of domestic violence 

from sponsoring a visa applicant in the future. (10 minutes) 

11. Ryan (OH): Provides additional federal funding for programs 

that have received grants by the Department of Justice (Office of 

Violence Against Women) for providing counseling and shelter for 

women and children in crisis pregnancies. (10 minutes) 

12. Slaughter: Expands the current federal criminal ban on fake 

police badges and the misuse of authentic badges to include the 

uniforms, identification, and all other insignia of all public officials. 

The use of such badges, uniforms, and insignia would be permitted 

for dramatic, decorative, display, and recreational purposes. (10 

minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SENSENBRENNER OF WISCONSIN, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 6, line 14, strike ‘‘pardon and’’. 

Page 10, line 14, strike ‘‘pardon and’’. 

Page 25, line 1, insert ‘‘(1)’’ before ‘‘Any’’. 

Page 25, line 7, strike the close quotation marks and strike ‘‘; 

and’’. 

Page 25, after line 7, insert the following: 

‘‘(2) Any reference in a law, regulation, document, paper, or other 

record of the United States to section 506 of this Act as such section was in effect on the date of the enactment of the Department 

of Justice Appropriations Authorization Act, Fiscal Years 2006 

through 2009, shall be deemed to be a reference to section 505(a) 

of this Act as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.’’. 

Page 27, strike line 23, and insert the following: 

‘‘(A) vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters);’’. 

Page 40, after line 16, insert the following as quoted matter: 

SEC. 508. INCLUSION OF INDIAN TRIBES. 

In this subpart, the term ‘‘State’’ includes an Indian tribal government. 

Page 40, line 17, redesignate section 508 as section 509. 

Page 43, strike lines 8 through 11 and insert the following: 

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(ii) by striking ‘‘the application submitted pursuant 

to section 503 of this title.’’ and inserting ‘‘the application submitted pursuant to section 502 of this title. 

Such report shall include details identifying each applicant that used any funds to purchase any cruiser, 

boat, or helicopter and, with respect to such applicant, 

specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and 

the Bureau of Justice Assistance shall submit to the 

Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the 

information required by this sentence).’’; 

Page 46, line 5, insert ‘‘tribal,’’ before ‘‘and local’’. 

Page 47, beginning on line 1, strike ‘‘National Criminal History 

Background Check System’’ and insert ‘‘National Instant Criminal 

Background Check System’’. 

Page 55, line 22, before the close quotation marks, insert the following as quoted matter: 

SEC. 105. INCLUSION OF INDIAN TRIBES. 

For purposes of sections 103 and 104, the term ‘‘State’’ includes 

an Indian tribal government. 

Page 65, strike line 1 and all that follows through line 10. 

Page 65, line 11, strike ‘‘(d)’’ and insert ‘‘(c)’’. 

Page 67, line 3, strike ‘‘provisions’’ and insert ‘‘provision’’. 

Page 67, line 4, strike ‘‘are’’ and insert ‘‘is’’. 

Page 67, strike lines 7–8. 

Page 74, line 12, strike ‘‘5’’ and insert ‘‘3’’. 

Page 78, line 1, strike ‘‘OFFICE’’ and insert ‘‘DIVISION’’. 

Page 78, line 4, strike ‘‘an office’’ and insert ‘‘of Science and Technology, the Division’’. 

Page 78, line 5, strike ‘‘a Director’’ and insert ‘‘an individual’’. 

Page 78, line 6, strike ‘‘Office’’ and insert ‘‘Division’’. 

Page 78, beginning on line 10, strike ‘‘Office, the Director’’ and 

insert ‘‘Division, the head of the Division’’. 

Page 80, line 17, insert ‘‘, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice,’’ after ‘‘Programs’’. 

Page 81, line 2, insert ‘‘, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice,’’ after ‘‘General’’. 

Page 81, line 11, insert ‘‘, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice,’’ after ‘‘General’’. 

Page 83, strike line 22 and all that follows through page 84, line 

8. 

Page 84, line 22, insert ‘‘and’’ at the end. 

Page 84, line 25, strike the semicolon and all that follows 

through page 85, line 19, and insert a period. 

Page 90, after line 6, insert the following new section: 

7 

SEC. 259. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR 

SCHOOL SECURITY. 

(a) IN GENERAL.—Section 2705 of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by striking ‘‘2003’’ and inserting ‘‘2009’’. 

(b) PROGRAM TO REMAIN UNDER COPS OFFICE.—Section 2701 of 

the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3797a) is amended in subsection (a) by inserting after ‘‘The 

Attorney General’’ the following: ‘‘, acting through the Office of 

Community Oriented Policing Services,’’. 

Page 91, strike lines 5 through 9. 

Page 91, after line 19, insert the following: 

‘‘(c) REPEAL OF PROVISION RELATING TO UNAUTHORIZED PROGRAM.—Section 20301 of Public Law 103–322 is amended by striking subsection (c).’’. 

Page 91, line 24, strike ‘‘predominately’’ and insert ‘‘predominantly’’. 

Page 96, strike lines 6 through 9, and insert the following: 

inserting ‘‘or in any prison, institution, or facility in which persons 

are held in custody by direction of or pursuant to a contract or 

agreement with the Attorney General’’ after ‘‘in a Federal prison,’’: 

Page 97, strike lines 3 through 8, and insert the following: 

Section 1791(d)(4) of title 18, United States Code, is amended by 

inserting ‘‘or any prison, institution, or facility in which persons are 

held in custody by direction of or pursuant to a contract or agreement with the Attorney General’’ after ‘‘penal facility’’. 

Page 100, line 24, insert after ‘‘bullying’’ the following: ‘‘, 

cyberbullying,’’. 

Page 104, after line 14, insert the following (and conform the 

table of contents accordingly): 

SEC. 323. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS. 

In addition to any other amounts authorized by law, there are 

authorized to be appropriated for grants to the American Prosecutors Research Institute under section 214A of the Victims of Child 

Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal 

Years 2006 through 2010. 

SEC. 324. ASSISTANCE TO COURTS. 

The chief judge of each United States district court is encouraged 

to cooperate with requests from State and local authorities whose 

operations have been significantly disrupted as a result of Hurricane Katrina or Hurricane Rita to provide accommodations in Federal facilities for State and local courts to conduct their proceedings. 

Page 116, line 2, insert ‘‘or sexual assault’’ after ‘‘violence’’. 

Page 120, beginning on line 3, strike ‘‘subparagraph (C)’’ and insert ‘‘subparagraphs (C) and (D)’’. 

Page 120, line 19, insert ‘‘, except that consent for release may 

not be given by the abuser of the minor or person with disabilities, 

or the abuser of the other parent of the minor’’ before the period. 

Page 121, line 15, strike ‘‘and’’ at the end. 

Page 121, line 18, insert ‘‘protection order’’ after ‘‘governmental’’. 

Page 121, line 20, strike the period and insert ‘‘; and’’. 

Page 121, after line 20, insert the following: 

8 

‘‘(iii) law enforcement- and prosecution-generated information necessary for law enforcement and prosecution purposes.’’. Page 123, line 13, strike ‘‘3793(a)(8)’’ and insert ‘‘3793(a)(18)’’. Page 126, lines 1–2, strike ‘‘racial and ethnic minorities and 

other underserved populations’’ and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs 

(such as language barriers, disabilities, alienage status, or age), 

and any other population determined to be underserved by the Attorney General.’’ . Page 126, lines 6–7, strike ‘‘racial and ethnic and other underserved populations’’ and insert ‘‘populations underserved because of 

geographic location, underserved racial and ethnic populations, 

populations underserved because of special needs (such as language 

barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General,’’ . Page 126, lines 8–9, strike ‘‘racial and ethnic and other underserved’’ and insert ‘‘those’’. Page 126, line 24, insert ‘‘coalitions for’’ after the open quotation 

marks. 

Page 130, line 4, insert ‘‘or Indian Tribal government’’ after ‘‘State’’. Page 130, line 9, insert ‘‘(1)’’ before ‘‘Part’’. Page 130, line 17, strike ‘‘that’’ and insert ‘‘must certify’’. Page 130, line 18, insert ‘‘will’’ after ‘‘practices’’. Page 131, after line 2, insert the following: 

(2) COMPLIANCE.—Section 2007(d) of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3796gg-l(d)) is amended— (1) in paragraph (2) by striking ‘‘and’’ at the end; 

(2) in paragraph (3) by striking the period at the end and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (4) the following: 

‘‘(4) proof of compliance with the requirements regarding 

polygraph testing provided in section 2012.’’. 

Page 134, at the end of line 25, add the following: ‘‘Although 

funds may be used to support the co-location of project partners, 

funds may not support construction or major renovation expenses 

or activities that fall outside of the scope of the other statutory purpose areas.’’. 

Page 135, line 2, insert ‘‘probation and parole officers,’’ after 

‘‘prosecutors,’’. 

Page 135, line 6, strike the close quotation marks and the semicolon at the end. 

Page 135, after line 6, insert the following: 

‘‘(13) To develop, to enhance, and to maintain protection 

order registries.’’; 

Page 135, line 13, insert ‘‘that’’ after ‘‘certify’’. 

Page 135, line 15, strike ‘‘that’’. 

Page 135, line 15, insert ‘‘will’’ after ‘‘practices’’. 

Page 137, beginning on line 2, strike ‘‘to offer’’ and all that follows through ‘‘violence’’. 

Page 142, lines 8–12, strike ‘‘racial and ethnic communities’’ and 

all that follows through the semicolon on line 12 and insert ‘‘populations underserved because of geographic location, underserved raVerDate Aug 31 2005 04:56 Sep 28, 2005 Jkt 039008 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR236.XXX HR236
9 

cial and ethnic populations, populations underserved because of 

special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General;’’ . Page 147, lines 22–23, strike ‘‘Office on Violence Against Women’’ and insert ‘‘Violence Against Women Office’’. Page 150, line 3, strike ‘‘assure’’ and insert ‘‘ensure’’. Page 151, line 23, strike ‘‘every 18 months’’. Page 152, strike lines 2 through 15, and insert the following: ‘‘tain information on the activities implemented by the recipients of the grants awarded under this section.’’. Page 158, line 7, insert ‘‘(a) OFFENSES.—’’ before ‘‘Section’’. 

Page 158, after line 14, insert the following: 

(b) DEFINITION.—Section 2216 of title 18, United States Code, is 

amended by adding at the end the following: 

‘‘(c) DEFINITION.—The term ‘dating partner’ refers to a person 

who is or has been in an ongoing relationship of a romantic or intimate nature with the abuser. Factors to consider in determining 

whether the relationship is or was ongoing include, but are not limited to, the length of the relationship and the frequency of interaction between the persons involved in the relationship.’’. 

Page 161, line 7, strike ‘‘and’’. 

Page 161, line 19, strike the period and insert ‘‘; and’’. 

Page 161, after line 19, insert the following: 

‘‘(3) to enhance coordinated community responses to sexual 

assault.’’. 

Page 162, line 9, insert ‘‘and support coordinated community responses to sexual assault’’ before the period at the end. 

Page 164, line 11, strike ‘‘and’’ at the end. 

Page 164, line 14, strike ‘‘clauses (A) through (G).’’ insert ‘‘paragraphs (1) through (7);’’. 

Page 164, after line 14, insert the following: 

‘‘(9) sexual assault forensic examinations performed by specially trained examiners, including coordination of examiners 

with other responders and testimony by examiners; and ‘‘(10) developing and enhancing coordinated community responses to sexual assault, including the development and enhancement of sexual assault response teams.’’. Page 170, line 4, strike ‘‘between’’ and insert ‘‘among’’. Page 171, line 14, insert ‘‘(including rural areas or rural communities in United States Territories)’’ after ‘‘rural communities’’. Page 171, line 17, strike ‘‘between’’ and insert ‘‘among’’. Page 174, lines 10–13, strike ‘‘racial and ethnic and other’’ and 

all that follows through the period on line 13 and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of 

special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General.’’. Page 183, line 3, strike ‘‘Office on Violence Against Women’’ and 

insert ‘‘Violence Against Women Office’’. 

Page 183, beginning on line 18, strike ‘‘Office on Violence Against 

Women’’ and insert ‘‘Violence Against Women Office’’. 

Page 186, lines 7–9, strike ‘‘racial and ethnic and other’’ and all 

that follows through the period on line 9 and insert ‘‘populations 

10 

underserved because of geographic location, underserved racial and 

ethnic populations, populations underserved because of special 

needs (such as language barriers, disabilities, alienage status, or 

age), and any other population determined to be underserved by 

the Attorney General.’’. Page 189, line 14, strike ‘‘racial and ethnic minorities’’ and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, 

alienage status, or age), and any other population determined to be 

underserved by the Attorney General,’’. Page 190, line 3, strike ‘‘racial and ethnic populations’’ and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, 

alienage status, or age), and any other population determined to be 

underserved by the Attorney General,’’. Page 191, line 13, strike ‘‘may’’ and insert ‘‘shall’’. Page 191, line 24, strike ‘‘every 18 months’’. Page 193, lines 15–16, strike ‘‘racial and ethnic and other underserved populations’’ and insert ‘‘populations underserved because of 

geographic location, underserved racial and ethnic populations, 

populations underserved because of special needs (such as language 

barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General,’’. Page 193, lines 18–19, strike ‘‘racial and ethnic and other underserved populations’’ and insert ‘‘those populations’’. Page 195, beginning on line 6, strike ‘‘every 18 months’’. Page 205, line 18, strike ‘‘ANNUAL’’ and insert ‘‘PERFORMANCE’’. 

Page 205, line 20, strike ‘‘submit a biennial performance’’. 

Page 205, line 21, insert ‘‘on activities conducted with grant 

funds’’ before the period. 

Page 206, strike lines 9 through 12, and insert the following: 

(4) REPORT TO CONGRESS.—Not later than 30 days after the 

end of each even-numbered fiscal Year, the Attorney General 

shall submit to Congress a report for the period of 2 fiscal 

Years at any time in which grants were made under this section and ending in such even-numbered fiscal Year, that includes—

Page 207, line 13, strike ‘‘Office on Violence Against Women’’ and 

insert ‘‘Violence Against Women Office’’. 

Page 212, line 16, insert ‘‘, except that consent for release may 

not be given by the abuser of the minor or of the other parent of 

the minor’’ after ‘‘guardian’’. 

Page 213, line 21 strike ‘‘native’’ and insert ‘‘Native’’. 

Page 219, lines 7–10, strike ‘‘racial and ethnic and other’’ and all 

that follows through the semicolon on line 10 and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of 

special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General;’’. 

Page 222, lines 4–5, strike ‘‘racial and ethnic and other underserved populations’’ and insert ‘‘populations underserved because of 

geographic location, underserved racial and ethnic populations, 

11 

populations underserved because of special needs (such as language 

barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General’’. 

Page 222, beginning on line 7, strike ‘‘every 18 months’’. 

Page 223, lines 5–8, strike ‘‘racial and ethnic and other’’ and all 

that follows through the semicolon on line 8 and insert ‘‘populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of 

special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General;’’. 

Page 226, lines 23–24, strike ‘‘racial and ethnic and other underserved populations’’ and insert ‘‘populations underserved because of 

geographic location, underserved racial and ethnic populations, 

populations underserved because of special needs (such as language 

barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General’’. 

Page 227, beginning on line 10, strike ‘‘every 18 months’’. 

Page 229, lines 23–24, strike ‘‘racial ethnic and other underserved communities’’ and insert ‘‘populations underserved because 

of geographic location, underserved racial and ethnic populations, 

populations underserved because of special needs (such as language 

barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General’’. 

Page 306, line 9, insert ‘‘National Institute of Justice in consultation with the’’ after ‘‘through the’’. 

Page 313, beginning on line 5, strike ‘‘Office on Violence Against 

Women’’ and insert ‘‘Violence Against Women Office’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 23, after line 23, insert the following (and make such technical and conforming changes as may be appropriate): 

SEC. 106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE. 

(a) TASK FORCE.—(1) The Attorney General shall establish the 

United States-Mexico Border Violence Task Force in Laredo, Texas, 

to combat drug trafficking, violence, and kidnapping along the border between the United States and Mexico and to provide expertise 

to the law enforcement and homeland security agencies along the 

border between the United States and Mexico. The Task Force 

shall include personnel from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Immigration and Customs Enforcement, the 

Drug Enforcement Administration, Customs and Border Protection, 

other Federal agencies (as appropriate), the Texas Department of 

Public Safety, and local law enforcement agencies. 

(2) The Attorney General shall make available funds to provide 

for the ongoing administrative and technological costs to Federal, 

State, and local law enforcement agencies participating in the Task 

Force. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $10,000,000 for each of the fiscal Years 2006 

through 2009, for—

12 

(1) the establishment and operation of the United StatesMexico Border Violence Task Force, and 

(2) the investigation, apprehension, and prosecution of individuals engaged in drug trafficking, violence, and kidnapping 

along the border between the United States and Mexico. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 23, after line 23, insert the following (and conform the table 

of contents accordingly): 

SECTION 106. NATIONAL GANG INTELLIGENCE CENTER. 

(a) ESTABLISHMENT.—The Attorney General shall establish a National Gang Intelligence Center and gang information database to 

be housed at and administered by the Federal Bureau of Investigation to collect, analyze, and disseminate gang activity information 

from—

(1) the Federal Bureau of Investigation; 

(2) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; 

(3) the Drug Enforcement Administration; 

(4) the Bureau of Prisons; 

(5) the United States Marshals Service; 

(6) the Directorate of Border and Transportation Security of 

the Department of Homeland Security; 

(7) the Department of Housing and Urban Development; 

(8) State and local law enforcement; 

(9) Federal, State, and local prosecutors; 

(10) Federal, State, and local probation and parole offices; 

(11) Federal, State, and local prisons and jails; and 

(12) any other entity as appropriate. 

(b) INFORMATION.—The Center established under subsection (a) 

shall make available the information referred to in subsection (a) 

to—

(1) Federal, State, and local law enforcement agencies; 

(2) Federal, State, and local corrections agencies and penal 

institutions; 

(3) Federal, State, and local prosecutorial agencies; and 

(4) any other entity as appropriate. 

(c) ANNUAL REPORT.—The Center established under subsection 

(a) shall annually submit to Congress a report on gang activity. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $10,000,000 for fiscal Year 

2006 and for each fiscal Year thereafter. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POE OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, line 23, insert ‘‘(a) IN GENERAL.—’’. 

Page 59, after line 6, insert the following new subsections: 

(b) ADDITIONAL AMENDMENTS.—

(1) Section 1402 (42 U.S.C. 10601) is amended—

(A) in subsection (b)—

(i) in paragraph (4), by striking ‘‘and’’ at the end; 

13 

(ii) in paragraph (5), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: ‘‘(6) Amounts deposited pursuant to section 3612(c)(2), 

3663(c)(3)(B), or 3663A(c)(3)(A) of title 18, United States 

Code.’’; 

(B) by amending subsection (c) to read as follows: ‘‘(c)(1) Notwithstanding any other provision of law, the total 

amount to be distributed from the Fund in any fiscal Year shall be 

an amount equal to the sum of the amounts required under subsection (d). ‘‘(2) In each fiscal Year, the Director shall distribute amounts 

from the Fund in accordance with subsection (d). All sums not distributed during a fiscal Year shall remain in reserve in the Fund 

to be distributed during a subsequent fiscal Year. Notwithstanding 

any other provision of law, all sums deposited in the Fund that are 

not distributed shall remain in reserve in the Fund for obligation 

in future fiscal Years, without fiscal Year limitation.’’; 

(C) in subsection (d), by amending paragraph (2) to read 

as follows: ‘‘(2) $20,000,000 shall be available for grants under section 

1404A.’’; 

(D) in subsection (d)(3), by striking ‘‘Of the sums’’ and all 

that follows through ‘‘such sums’’ and inserting ‘‘Such 

sums’’; 

(E) in subsection (d)(4)(A), by striking ‘‘47.5 percent shall 

be available’’ and inserting ‘‘such sums as may be necessary’’; 

(F) in subsection (d)(4)(B), by striking ‘‘47.5 percent shall 

be available’’ and inserting ‘‘such sums as may be necessary’’; 

(G) in subsection (d)(4)(C), by striking ‘‘5 percent shall 

be available’’ and inserting ‘‘such sums as may be necessary’’; and 

(H) by adding at the end the following new subsection: 

‘‘(f) In any fiscal Year in which the amount in the Fund is less 

than the total amount required under subsection (d), there shall be 

transferred into the Fund an amount equal to such additional sums 

as may be required to fully fund grants under subsection (d) from 

the following: 

‘‘(1) Civil or administrative fines, forfeitures or other monetary penalties or assessments collected from persons adjudged 

to have violated any of the laws or regulations of the United 

States. 

‘‘(2) Penalties and damages obtained and otherwise creditable to miscellaneous receipts of the general fund of the 

Treasury obtained under sections 3729 through 2722 of title 31 

(known as the False Claims Act), other than funds awarded to 

a relator or for restitution.’’. 

(2) Section 1403 (42 U.S.C. 10602) is amended—

(A) in subsection (a)(1), by striking ‘‘Except as provided 

in paragraph (2), the Director’’ and inserting ‘‘The Director’’; and 

(B) in subsection (a), by striking paragraph (2). 

14 

(3) Section 1404 (42 U.S.C. 10603) is amended— (A) in subsection (a)(1) by striking ‘‘Subject to’’ and all 

that follows through the period at the end and inserting 

‘‘The Director shall make an annual grant from the Fund 

to the chief executive of each State for the financial support of eligible crime victim assistance programs. Each 

grant shall be the average amount of the grants made for 

this purpose during the previous three fiscal Years plus 5 

percent.’’; and 

(B) in subsection (c)(2) by inserting ‘‘The total amount 

available for grants under this subsection shall be the average amount available for this purpose during the previous three fiscal Years plus 5 percent.’’ before ‘‘Of the 

amount’’. (4) Section 1407 (42 U.S.C. 10604) is amended— (A) in subsection (g), by inserting after ‘‘effectiveness’’ the following: ‘‘, including measurable results,’’; and 

(B) by adding at the end the following new subsection: ‘‘(i)(1) Every recipient of funds under this chapter shall submit 

an annual report to the Director in such fashion as the Director directs. The report shall include the amounts expended, quantitative 

data on the numbers of victims served, types of services provided 

and other supported activities, measurable results on the services 

and activities provided, and such other information as the Director 

may require. The Director may terminate or suspend current or future payments to recipients of funds under this chapter for failure 

to provide the Director with complete, accurate and timely information as required under this subsection. ‘‘(2) The Director may request the cooperation and assistance of 

other Federal agencies in obtaining the information required under 

this subsection. The other agencies shall comply with all reasonable requests made by the Director, including the submission of information requested under paragraph (1).’’. (c) CONFORMING AMENDMENTS.—

(1) Section 3663 of title 18, United States Code, is amended—

(A) in subsection (c)(1), by striking ‘‘described in’’ and all 

that follows through ‘‘863),’’; 

(B) in subsection (c)(3)—

(i) by redesignating subparagraphs (A) and (B) as 

clauses (i) and (ii), and indenting appropriately; 

(ii) by inserting before clause (i) (as so redesignated) 

the following new paragraph: 

‘‘(A) If the defendant was convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of 

the Controlled Substances Act (21 U.S.C. 841, 848 (a), 849, 

856, 861, 863):’’; and 

(iii) by adding at the end the following new subparagraph: 

‘‘(B) For all other offenses, restitution shall be deposited 

into the fund established under section 1402 of the Victims 

of Crime Act of 1984 (42 U.S.C. 10601).’’. 

(2) Section 3663A of title 18, United States Code, is amended 

in subsection (c)(3)(A) by inserting before the semicolon the following: ‘‘, in which case the court may order restitution to be 

15 

paid into the fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)’’. (3) Section 3612 of title 18, United States Code, is amended 

in subsection (c)(2) by adding at the end the following: ‘‘If, for 

any reason, the money received from a defendant cannot be 

disbursed to the person to whom the restitution is ordered to 

be paid, the amount collected shall be deposited into the fund 

established under section 1402 of the Victims of Crime Act of 

1984 (42 U.S.C. 10601). If such person subsequently makes a 

valid claim for such payment, the payment shall be made from 

the fund established under section 1402 of the Victims of 

Crime Act of 1984 (42 U.S.C. 10601).’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAPUANO

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 61, after line 20, insert the following (and conform the table 

of contents accordingly): 

SEC. 226. GRANTS FOR YOUNG WITNESS ASSISTANCE. 

(a) IN GENERAL.—The Attorney General, acting through the Bureau of Justice Assistance, may make grants to State and local 

prosecutors and law enforcement agencies in support of juvenile 

and young adult witness assistance programs. 

(b) USE OF FUNDS.—Grants made available under this section 

may be used—

(1) to assess the needs of juvenile and young adult witnesses; 

(2) to develop appropriate program goals and objectives; and 

(3) to develop and administer a variety of witness assistance 

services, which includes—

(A) counseling services to young witnesses dealing with 

trauma associated in witnessing a violent crime; 

(B) pre- and post-trial assistance for the youth and their 

family; 

(C) providing education services if the child is removed 

from or changes their school for safety concerns; 

(D) protective services for young witnesses and their 

families when a serious threat of harm from the perpetrators or their associates is made; and 

(E) community outreach and school-based initiatives 

that stimulate and maintain public awareness and support. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘juvenile’’ means an individual who is age 17 

or younger. 

(2) The term ‘‘young adult’’ means an individual who is age 

21 or younger but not a juvenile. 

(3) The term ‘‘State’’ includes the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, American 

Samoa, Guam, and the Northern Mariana Islands. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $3,000,000 for each of fiscal Years 2006 through 2009. 

16 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KENNEDY

OF MINNESOTA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 64, after line 2, insert the following new section (and conform the table of contents accordingly): 

SEC. 235. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT 

PROGRAM FOR STATE PRISONERS. 

(a) ENHANCED DRUG SCREENINGS REQUIREMENT.—Subsection (b) 

of section 1902 of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796ff—1(b)) is amended to read as follows: 

‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To be eligible to 

receive funds under this part, a State must agree—

‘‘(1) to implement or continue to require urinalysis or other 

proven reliable forms of testing, including both periodic and 

random testing—

‘‘(A) of an individual before the individual enters a residential substance abuse treatment program and during the 

period in which the individual participates in the treatment program; and 

‘‘(B) of an individual released from a residential substance abuse treatment program if the individual remains 

in the custody of the State; and 

‘‘(2) to require, as a condition of participation in the treatment program, that such testing indicate that the individual 

has not used a controlled substance for at least the threemonth period prior to the date the individual receives such 

testing to enter the treatment program.’’. 

(b) AFTERCARE SERVICES REQUIREMENT.—Subsection (c) of such 

section is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT’’ and 

inserting ‘‘AFTERCARE SERVICES REQUIREMENT’’; and 

(2) in paragraph (1), by striking ‘‘To be eligible for a preference under this part’’ and inserting ‘‘To be eligible to receive 

funds under this part’’. (c) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED DRUG

TREATMENT PROGRAMS.—Section 1903 of such Act (42 U.S.C. 

3796ff—2) is amended by adding at the end the following new subsection: ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED DRUG

TREATMENT PROGRAMS.—In considering an application submitted 

by a State under section 1902, the Attorney General shall give priority to an application that involves a partnership between the 

State and a community-based drug treatment program within the 

State.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 104, after line 14, insert the following new section: 

SECTION 323. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE ABUSE AND DOMESTIC VIOLENCE AT DOMESTIC 

VIOLENCE SHELTERS. 

The Secretary of Health and Human Services shall carry out a 

study on the correlation between a perpetrator’s drug and alcohol 

17 

abuse and the reported incidence of domestic violence at domestic 

violence shelters. The study shall cover fiscal Years 2006 through 

2008. Not later than February 2009, The Secretary shall submit to 

Congress a report on the results of the study. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLAUGH- TER OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

Page 104, after line 14, insert the following new section: 

SEC. 323. EMERGENCY AUTHORITY OF STATE OR LOCAL LAW ENFORCEMENT AGENCY TO GATHER OR RECEIVE EVIDENCE 

FOR LAW ENFORCEMENT PURPOSES OUTSIDE THE TERRITORIAL JURISDICTION OF THE AGENCY. 

(a) IN GENERAL.—Notwithstanding any other State, local, or tribal law to the contrary, each State, local, or tribal law enforcement 

agency may, for law enforcement purposes, gather or receive evidence at any place within the United States as the nature of its 

mission may require, upon a finding by the head of the agency (or, 

if the head of the agency is unavailable, the person authorized by 

law to act as head) that, because of emergency conditions, the ability of that agency to carry out its mission, or the ability of victims 

within the territorial jurisdiction of that agency or of any other 

such agency to obtain justice, has been substantially impaired. 

(b) COORDINATION.—The Office of Victims of Crime, working in 

consultation with national, State, and local domestic violence, sexual violence, and stalking non-profit, non-governmental organizations, and in collaboration with the Department of Health and 

Human Services and other appropriate Federal agencies, shall develop and implement a plan under which the Office— (1) coordinates the activities of law enforcement agencies 

under subsection (a); and 

(2) coordinates, and provides information and assistance to, 

victims, service providers, and law enforcement officials as contemplated by subsection (a). 

(c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Office of Victims of Crime shall submit to 

Congress a report on the plan required by subsection (b). 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as may be necessary. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KOLBE OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following (and amend the table 

of contents accordingly): 

SEC. ll. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE 

PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 241(i)(5) of the 

Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended 

by striking ‘‘appropriated’’ and all that follows through the period 

and inserting the following: ‘‘appropriated to carry out this subsection—

‘‘(A) such sums as may be necessary for fiscal Year 2005; 

18 

‘‘(B) $750,000,000 for fiscal Year 2006; 

‘‘(C) $850,000,000 for fiscal Year 2007; and 

‘‘(D) $950,000,000 for each of the fiscal Years 2008 

through 2011.’’. (b) LIMITATION ON USE OF FUNDS.—Section 241(i)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to 

read as follows: ‘‘(6) Amounts appropriated pursuant to the authorization of 

appropriations in paragraph (5) that are distributed to a State 

or political subdivision of a State, including a municipality, 

may be used only for correctional purposes.’’. (c) STUDY AND REPORT ON STATE AND LOCAL ASSISTANCE IN IN- CARCERATING UNDOCUMENTED CRIMINAL ALIENS.— (1) IN GENERAL.—Not later than 1 Year after the date of the 

enactment of this Act, the Inspector General of the United 

States Department of Justice shall perform a study, and report 

to the Committee on the Judiciary of the United States House 

of Representatives and the Committee on the Judiciary of the 

United States Senate on the following: 

(A) Whether there are States, or political subdivisions of 

a State, that have received compensation under section 

241(i) of the Immigration and Nationality Act (8 U.S.C. 

1231(i)) and are not fully cooperating in the Department of 

Homeland Security’s efforts to remove from the United 

States undocumented criminal aliens (as defined in paragraph (3) of such section). 

(B) Whether there are States, or political subdivisions of 

a State, that have received compensation under section 

241(i) of the Immigration and Nationality Act (8 U.S.C. 

1231(i)) and that have in effect a policy that violates section 642 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1373). 

(C) The number of criminal offenses that have been committed by aliens unlawfully present in the United States 

after having been apprehended by States or local law enforcement officials for a criminal offense and subsequently 

being released without being referred to the Department of 

Homeland Security for removal from the United States. 

(D) The number of aliens described in subparagraph (C) 

who were released because the State or political subdivision lacked space or funds for detention of the alien. 

(2) IDENTIFICATION.—In the report submitted under paragraph (1), the Inspector General of the United States Department of Justice—

(A) shall include a list identifying each State or political 

subdivision of a State that is determined to be described 

in subparagraph (A) or (B) of paragraph (1); and 

(B) shall include a copy of any written policy determined 

to be described in subparagraph (B). 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KING OF

IOWA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 302, after line 3, insert the following (and amend the table 

of contents accordingly): 

19 

SEC. 940. PROHIBITING ABUSERS FROM SPONSORING FAMILY IMMIGRANTS. 

Section 204 of the Immigration and Nationality Act (8 U.S.C. 

1154) is amended by adding at the end the following: 

‘‘(l) Notwithstanding subsection (a), a petition may not be approved under subparagraph (A) or (B) of such subsection if the petition is submitted by a person convicted of a crime described in 

paragraph (5), (7), (8), (21), or (22) of section 2000B of the Omnibus 

Crime Control and Safe Streets Act of 1968.’’. 

Page 302, line 4, strike ‘‘940..’’ and insert ‘‘941.’’

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RYAN OF

OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following title: 

TITLE XI—PUBLIC AWARENESS CAMPAIGN REGARDING DOMESTIC VIOLENCE AGAINST PREGNANT WOMEN 

SEC. 1101. PUBLIC AWARENESS CAMPAIGN. 

(a) IN GENERAL.—The Attorney General, acting through the Office on Violence Against Women], shall make grants to States for 

carrying out a campaign to increase public awareness of issues regarding domestic violence against pregnant women. 

(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section, there are authorized to be appropriated such 

sums as may be necessary for each of the fiscal Years 2006 through 

2010. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLAUGH- TER OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 321, and insert the following: 

SEC. 321. PUBLIC EMPLOYEE UNIFORMS. 

(a) IN GENERAL.—Section 716 of title 18, United States Code, is 

amended— (1) by striking ‘‘police badge’’ each place it appears in subsections (a) and (b) and inserting ‘‘official insignia or article of 

clothing’’; 

(2) in each of paragraphs (2) and (4) of subsection (a), by 

striking ‘‘badge of the police’’ and inserting ‘‘official insignia or 

article of clothing’’; 

(3) in subsection (b)— (A) by striking ‘‘the badge’’ and inserting ‘‘the insignia or 

article of clothing’’; and 

(B) by inserting ‘‘is other than a counterfeit police badge 

and’’ before ‘‘is used or is intended to be used’’; 

(4) in subsection (c)—

(A) by striking ‘‘and’’ at the end of paragraph (1); 

(B) by striking the period at the end of paragraph (2) 

and inserting ‘‘; and’’; 

20 

(C) by adding at the end the following: ‘‘(3) the term ‘official insignia or article of clothing’ means an 

article of distinctive clothing or insignia, including a badge, 

emblem or identification card, that is an indicium of the authority of a public employee; and ‘‘(4) the term ‘public employee’ means any officer or employee 

of the Federal Government or of a State or local government.’’; 

(5) by adding at the end the following: ‘‘(d) It is a defense to a prosecution under this section that the 

official insignia or article of clothing is a counterfeit police badge 

and is used or is intended to be used exclusively— ‘‘(1) for a dramatic presentation, such as a theatrical, film, 

or television production; or ‘‘(2) for legitimate law enforcement purposes.’’; and 

(6) in the heading for the section, by striking ‘‘Police 

badges’’ and inserting ‘‘Public employee insignia and 

clothing’’. (b) CONFORMING AMENDMENT TO TABLE OF SECTIONS.—The item 

in the table of sections at the beginning of chapter 33 of title 18, 

United States Code, relating to section 716 is amended by striking 

‘‘Police badges’’ and inserting ‘‘Public employee insignia and clothing’’. 

(c) DIRECTION TO SENTENCING COMMISSION.—The United States 

Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who 

is convicted of a Federal offense while wearing or displaying insignia and clothing received in violation of section 716 of title 18, 

United States Code, reflects the gravity of this aggravating factor. 

Æ