[House Report 109-236]
[From the U.S. Government Publishing Office]



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 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.
    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.
    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 
Center. 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)
    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:
                          (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:

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:
                          ``(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 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 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 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, 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--
          (1) the establishment and operation of the United 
        States-Mexico 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;
                          (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).
          (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 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.
                              ----------                              


 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 three-month 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 Brown-Waite 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 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 Slaughter of New York, 
               or Her Designee, Debatable for 10 Minutes

  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. __. 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;
                  ``(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 
Incarcerating 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):

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 Slaughter 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'';
                  (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.

                                  
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