H. R. 3402—124
‘‘(G) maintain a liaison with the judicial branches of 
Federal, State, and tribal governments on matters relating 
to violence against Indian women; 
‘‘(H) support enforcement of tribal protection orders 
and implementation of full faith and credit educational 
projects and comity agreements between Indian tribes and 
States; and 
‘‘(I) ensure that adequate tribal technical assistance 
is made available to Indian tribes, tribal courts, tribal 
organizations, and tribal nonprofit organizations for all 
programs relating to violence against Indian women. 
‘‘(c) AUTHORITY.— 
‘‘(1) IN GENERAL.—The Deputy Director shall ensure that 
a portion of the tribal set-aside funds from any grant awarded 
under this Act, the Violence Against Women Act of 1994 (title 
IV of Public Law 103–322; 108 Stat. 1902), or the Violence 
Against Women Act of 2000 (division B of Public Law 106–
386; 114 Stat. 1491) is used to enhance the capacity of Indian 
tribes to address the safety of Indian women. 
‘‘(2) ACCOUNTABILITY.—The Deputy Director shall ensure 
that some portion of the tribal set-aside funds from any grant 
made under this part is used to hold offenders accountable 
through— 
‘‘(A) enhancement of the response of Indian tribes to 
crimes of domestic violence, dating violence, sexual assault, 
and stalking against Indian women, including legal services 
for victims and Indian-specific offender programs; 
‘‘(B) development and maintenance of tribal domestic 
violence shelters or programs for battered Indian women, 
including sexual assault services, that are based upon the 
unique circumstances of the Indian women to be served; 
‘‘(C) development of tribal educational awareness pro-
grams and materials; 
‘‘(D) 
support 
for 
customary 
tribal 
activities 
to 
strengthen the intolerance of an Indian tribe to violence 
against Indian women; and 
‘‘(E) development, implementation, and maintenance 
of tribal electronic databases for tribal protection order 
registries.’’. 
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES. 
(a) FIREARMS POSSESSION PROHIBITIONS.—Section 921(33)(A)(i) 
of title 18, United States Code, is amended to read: ‘‘(i) is a mis-
demeanor under Federal, State, or Tribal law; and’’. 
(b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2803(3) is amended— 
(1) in subparagraph (A), by striking ‘‘or’’; 
(2) in subparagraph (B), by striking the semicolon and 
inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(C) the offense is a misdemeanor crime of domestic 
violence, dating violence, stalking, or violation of a protec-
tion order and has, as an element, the use or attempted 
use of physical force, or the threatened use of a deadly 
weapon, committed by a current or former spouse, parent, 
or guardian of the victim, by a person with whom the
H. R. 3402—125
victim shares a child in common, by a person who is cohabi-
tating with or has cohabited with the victim as a spouse, 
parent, or guardian, or by a person similarly situated to 
a spouse, parent or guardian of the victim, and the 
employee has reasonable grounds to believe that the person 
to be arrested has committed, or is committing the crime;’’. 
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER. 
Chapter 7 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘§ 117. Domestic assault by an habitual offender 
‘‘(a) IN GENERAL.—Any person who commits a domestic assault 
within the special maritime and territorial jurisdiction of the United 
States or Indian country and who has a final conviction on at 
least 2 separate prior occasions in Federal, State, or Indian tribal 
court proceedings for offenses that would be, if subject to Federal 
jurisdiction— 
‘‘(1) any assault, sexual abuse, or serious violent felony 
against a spouse or intimate partner; or 
‘‘(2) an offense under chapter 110A, 
shall be fined under this title, imprisoned for a term of not more 
than 5 years, or both, except that if substantial bodily injury results 
from violation under this section, the offender shall be imprisoned 
for a term of not more than 10 years. 
‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, the term 
‘domestic assault’ means an assault committed by a current or 
former spouse, parent, child, or guardian of the victim, by a person 
with whom the victim shares a child in common, by a person 
who is cohabitating with or has cohabitated with the victim as 
a spouse, parent, child, or guardian, or by a person similarly situ-
ated to a spouse, parent, child, or guardian of the victim.’’. 
TITLE X—DNA FINGERPRINTING 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘DNA Fingerprint Act of 2005’’. 
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM 
NATIONAL DNA INDEX. 
Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 
14132) is amended— 
(1) in subsection (a)(1)(C), by striking ‘‘DNA profiles’’ and 
all that follows through ‘‘, and’’; 
(2) in subsection (d)(1), by striking subparagraph (A), and 
inserting the following: 
‘‘(A) The Director of the Federal Bureau of Investiga-
tion shall promptly expunge from the index described in 
subsection (a) the DNA analysis of a person included in 
the index— 
‘‘(i) on the basis of conviction for a qualifying Fed-
eral offense or a qualifying District of Columbia offense 
(as determined under sections 3 and 4 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135a, 14135b), respectively), if the Director receives, 
for each conviction of the person of a qualifying offense,
H. R. 3402—126
a certified copy of a final court order establishing that 
such conviction has been overturned; or 
‘‘(ii) on the basis of an arrest under the authority 
of the United States, if the Attorney General receives, 
for each charge against the person on the basis of 
which the analysis was or could have been included 
in the index, a certified copy of a final court order 
establishing that such charge has been dismissed or 
has resulted in an acquittal or that no charge was 
filed within the applicable time period.’’; 
(3) in subsection (d)(2)(A)(ii), by striking ‘‘all charges for’’ 
and all that follows, and inserting the following: ‘‘the respon-
sible agency or official of that State receives, for each charge 
against the person on the basis of which the analysis was 
or could have been included in the index, a certified copy 
of a final court order establishing that such charge has been 
dismissed or has resulted in an acquittal or that no charge 
was filed within the applicable time period.’’; and 
(4) by striking subsection (e). 
SEC. 1003. EXPANDED USE OF CODIS GRANTS. 
Section 2(a)(1) of the DNA Analysis Backlog Elimination Act 
of 2000 (42 U.S.C. 14135(a)(1)) is amended by striking ‘‘taken from 
individuals convicted of a qualifying State offense (as determined 
under subsection (b)(3))’’ and inserting ‘‘collected under applicable 
legal authority’’. 
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION 
FROM PERSONS ARRESTED OR DETAINED UNDER FED-
ERAL AUTHORITY. 
(a) IN GENERAL.—Section 3 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135a) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘The Director’’ and 
inserting the following: 
‘‘(A) The Attorney General may, as prescribed by the 
Attorney General in regulation, collect DNA samples from 
individuals who are arrested or from non-United States 
persons who are detained under the authority of the United 
States. The Attorney General may delegate this function 
within the Department of Justice as provided in section 
510 of title 28, United States Code, and may also authorize 
and direct any other agency of the United States that 
arrests or detains individuals or supervises individuals 
facing charges to carry out any function and exercise any 
power of the Attorney General under this section. 
‘‘(B) The Director’’; and 
(B) in paragraphs (3) and (4), by striking ‘‘Director 
of the Bureau of Prisons’’ each place it appears and 
inserting ‘‘Attorney General, the Director of the Bureau 
of Prisons,’’; and 
(2) in subsection (b), by striking ‘‘Director of the Bureau 
of Prisons’’ and inserting ‘‘Attorney General, the Director of 
the Bureau of Prisons,’’. 
(b) CONFORMING AMENDMENTS.—Subsections (b) and (c)(1)(A) 
of section 3142 of title 18, United States Code, are each amended 
by inserting ‘‘and subject to the condition that the person cooperate 
in the collection of a DNA sample from the person if the collection
H. R. 3402—127
of such a sample is authorized pursuant to section 3 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)’’ after 
‘‘period of release’’. 
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE 
OFFENSES. 
Section 3297 of title 18, United States Code, is amended by 
striking ‘‘except for a felony offense under chapter 109A,’’. 
TITLE XI—DEPARTMENT OF JUSTICE 
REAUTHORIZATION 
Subtitle A—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2006. 
There are authorized to be appropriated for fiscal year 2006, 
to carry out the activities of the Department of Justice (including 
any bureau, office, board, division, commission, subdivision, unit, 
or other component thereof), the following sums: 
(1) GENERAL
ADMINISTRATION.—For General Administra-
tion: $161,407,000. 
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Adminis-
trative Review and Appeals: $216,286,000 for administration 
of clemency petitions and for immigration-related activities. 
(3) OFFICE
OF
INSPECTOR
GENERAL.—For the Office of 
Inspector General: $72,828,000, which shall include not to 
exceed $10,000 to meet unforeseen emergencies of a confidential 
character. 
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activi-
ties: $679,661,000, which shall include— 
(A) not less than $4,000,000 for the investigation and 
prosecution of denaturalization and deportation cases 
involving alleged Nazi war criminals; 
(B) not less than $15,000,000 for the investigation and 
prosecution of violations of title 17 of the United States 
Code; 
(C) not to exceed $20,000 to meet unforeseen emer-
gencies of a confidential character; and 
(D) $5,000,000 for the investigation and prosecution 
of violations of chapter 77 of title 18 of the United States 
Code. 
(5) ANTITRUST
DIVISION.—For the Antitrust Division: 
$144,451,000. 
(6) UNITED STATES ATTORNEYS.—For United States Attor-
neys: $1,626,146,000. 
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal 
Bureau of Investigation: $5,761,237,000, which shall include 
not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character. 
(8) UNITED
STATES
MARSHALS
SERVICE.—For the United 
States Marshals Service: $800,255,000.