302 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
VAWA–2000. 
SEC. 940. TECHNICAL CORRECTIONS. 
(a) TECHNICAL CORRECTIONS TO REFERENCES IN AP-
PLICATION OF SPECIAL PHYSICAL PRESENCE AND GOOD 
MORAL CHARACTER RULES.— 
(1) 
PHYSICAL
PRESENCE
RULES.—Section 
240A(b)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(b)(2)(B)) is amended— 
(A) in the first sentence, by striking 
‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 
(B) in the fourth sentence, by striking ‘‘sec-
tion 240A(b)(2)(B)’’ and inserting ‘‘this sub-
paragraph, subparagraph (A)(ii),’’. 
(2) 
MORAL
CHARACTER
RULES.—Section 
240A(b)(2)(C) of such Act (8 U.S.C. 1229b(b)(2)(C)) 
is amended by striking ‘‘(A)(i)(III)’’ and inserting 
‘‘(A)(iii)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall be effective as if included in 
the enactment of section 1504(a) of VAWA (114 Stat. 
1522). 
(b) CORRECTION OF CROSS-REFERENCE ERROR IN AP-
PLYING GOOD MORAL CHARACTER.—
303 
(1) IN GENERAL.—Section 101(f)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(f)(3)) is 
amended 
by 
striking 
‘‘(9)(A)’’ 
and 
inserting 
‘‘(10)(A)’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall be effective as if included in the 
enactment of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (Public Law 104– 
208). 
(c) PUNCTUATION CORRECTION.—Effective as if in-
cluded in the enactment of section 5(c)(2) of VAWA–2000, 
section 237(a)(1)(H)(ii) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by strik-
ing the period at the end and inserting ‘‘; or’’. 
(d) CORRECTION
OF DESIGNATION
AND INDENTA-
TION.—The last sentence of section 212(a)(9)(C)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA– 
2000, is amended— 
(1) by striking ‘‘section 212(a)(9)(C)(i)’’ and in-
serting ‘‘clause (i)’’; 
(2) by redesignating paragraphs (1) and (2), 
and subparagraphs (A) through (D) of paragraph (2), 
as subclauses (I) and (II), and items (aa) through 
(dd) of subclause (II), respectively; and
304 
(3) by moving the margins of each of such para-
graphs and subparagraphs 6 ems to the right. 
(e) ADDITIONAL TECHNICAL CORRECTIONS.—(1) Sec-
tion 
237(a)(7)(A)(i)(I) 
of 
such 
Act 
(8 
U.S.C. 
1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-defense’’ 
and inserting ‘‘in self-defense’’. 
(2) Section 245(l)(2)(B) of such Act (8 U.S.C. 
1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and in-
serting ‘‘(10)(E))’’. 
TITLE X—SAFETY ON TRIBAL 
LANDS 
SEC. 1001. PURPOSES. 
The purposes of this title are— 
(1) to decrease the incidence of domestic violence, 
dating violence, sexual assault, and stalking on Tribal 
lands; 
(2) to strengthen the capacity of Indian tribes to 
exercise their sovereign authority to respond to domes-
tic violence, dating violence, sexual assault, and stalk-
ing on Tribal lands under their jurisdiction; and 
(3) to ensure that perpetrators of domestic vio-
lence, dating violence, sexual assault, and stalking on 
Tribal lands are held accountable for their criminal 
behavior.
305 
SEC. 1002. CONSULTATION. 
(a) IN GENERAL.—The Secretary of the Interior and 
the Attorney General shall each conduct annual consulta-
tions with Indian tribal governments concerning the Fed-
eral administration of tribal funds and programs estab-
lished under the Violence Against Women Act of 1994 (title 
IV of Public Law 103–322) and the Violence Against 
Women Act of 2000 (division B of Public Law 106–386), 
including consultation concerning— 
(1) the timeliness of the Federal grant applica-
tion and award processes; 
(2) the amounts awarded under each program 
directly to tribal governments, tribal organizations, 
and tribal nonprofit organizations; 
(3) determinations not to award grant funds; 
(4) grant awards made in violation of the eligi-
bility guidelines to a nontribal entity; and 
(5) training, technical assistance, and data col-
lection grants for tribal grant programs or programs 
addressing the safety of Indian women. 
(b) RECOMMENDATIONS.—During consultations under 
subsection (a), the Secretary and the Attorney General shall 
solicit recommendations from Indian tribes concerning— 
(1) administering tribal funds and programs;
306 
(2) enhancing the safety of Indian women from 
domestic violence, dating violence, sexual assault, and 
stalking; and 
(3) strengthening the Federal response to such 
violent crimes. 
SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON 
TRIBAL LANDS. 
(a) NATIONAL BASELINE STUDY.—The Attorney Gen-
eral, acting through the Director of the Office on Violence 
Against Women, shall conduct a national baseline study to 
examine violence against Indian women. 
(b) SCOPE.— 
(1) IN GENERAL.—The study shall examine vio-
lence committed against Indian women, including— 
(A) domestic violence; 
(B) dating violence; 
(C) sexual assault; 
(D) stalking; and 
(E) murder. 
(2) EVALUATION.—The study shall evaluate the 
effectiveness of Federal, State, tribal, and local re-
sponses to the violations described in paragraph (1) 
committed against Indian women. 
(c) TASK FORCE.—
307 
(1) IN GENERAL.—The Attorney General, acting 
through the Director of the Office on Violence Against 
Women, shall establish a task force to assist in the de-
velopment and implementation of the study under 
subsection (a). 
(2) MEMBERS.—The Director shall appoint to 
the task force representatives from— 
(A) national tribal domestic violence and 
sexual assault nonprofit organizations; 
(B) tribal governments; and 
(C) the National Congress of American In-
dians. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Attorney General shall submit 
to Congress a report that describes the findings made in 
the study. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000 for each of fiscal years 2006 and 2007, to re-
main available until expended. 
SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS. 
(a) ACCESS
TO FEDERAL CRIMINAL INFORMATION 
DATABASES.—Section 534 of title 28, United States Code, 
is amended—
308 
(1) by redesignating subsections (d) and (e) as 
subsection (e) and (f); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At-
torney General shall permit Indian law enforcement agen-
cies, in cases of domestic violence, dating violence, sexual 
assault, and stalking, to enter information into Federal 
criminal information databases and to obtain information 
from the databases, including information relating to— 
‘‘(1) identification records; 
‘‘(2) criminal history records; 
‘‘(3) protection orders; and 
‘‘(4) wanted person records.’’. 
(b) TRIBAL REGISTRY.— 
(1) ESTABLISHMENT.—The Attorney General 
shall contract with any interested Indian tribe, tribal 
organization, or tribal nonprofit organization to de-
velop and maintain— 
(A) a national tribal sex offender registry; 
and 
(B) a tribal protection order registry con-
taining civil and criminal orders of protection 
issued by Indian tribes and participating juris-
dictions.
309 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $1,000,000 for each of fiscal years 2006 
through 2010, to remain available until expended. 
SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 
AGAINST WOMEN. 
Part T of the Omnibus Crime Control and Safe Streets 
Act of 1968 is amended by adding after section 2015 (as 
added by section 604 of this Act) the following: 
‘‘SEC. 2016. TRIBAL DIVISION. 
‘‘(a) IN GENERAL.—The Director of the Office on Vio-
lence Against Women shall designate one or more employees, 
each of whom shall have demonstrated expertise in tribal 
law and practice regarding domestic violence, dating vio-
lence, sexual assault, and stalking against members of In-
dian tribes, to be responsible for— 
‘‘(1) overseeing and managing the administra-
tion of grants to and contracts with Indian tribes, 
tribal courts, tribal organizations, tribal nonprofit or-
ganizations and the territories; 
‘‘(2) ensuring that, if a grant or a contract pur-
suant to such a grant is made to an organization to 
perform services that benefit more than one Indian 
tribe, the approval of each Indian tribe to be benefited
310 
shall be a prerequisite to the making of the grant or 
letting of the contract; 
‘‘(3) assisting in the development of Federal pol-
icy, protocols, and guidelines on matters relating to 
domestic violence, dating violence, sexual assault, and 
stalking against members of Indian tribes; 
‘‘(4) advising the Director of the Office on Vio-
lence Against Women concerning policies, legislation, 
implementation of laws, and other issues relating to 
domestic violence, dating violence, sexual assault, and 
stalking against members of Indian tribes; 
‘‘(5) representing the Office on Violence Against 
Women in the annual consultations under section 
1002 of the Violence Against Women Reauthorization 
Act of 2005; 
‘‘(6) providing assistance to the Department of 
Justice to develop policy and to enforce Federal law 
relating to domestic violence, dating violence, sexual 
assault, and stalking against members of Indian 
tribes; 
‘‘(7) maintaining a liaison with the judicial 
branches of Federal, State and tribal governments on 
matters relating to domestic violence, dating violence, 
sexual assault, and stalking against members of In-
dian tribes; and
311 
‘‘(8) ensuring that adequate tribal training, tech-
nical assistance, and data collection is made available 
to Indian tribes, tribal courts, tribal organizations, 
and tribal nonprofit organizations for all programs 
relating to domestic violence, dating violence, sexual 
assault, and stalking against members of Indian 
tribes. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Director shall ensure 
that a portion of the tribal set-aside funds from any 
grant awarded under the Violence Against Women 
Act of 1994 (title IV of Public Law 103–322) or the 
Violence Against Women Act of 2000 (division B of 
Public Law 106–386) is used to enhance the capacity 
of Indian tribes to address the safety of members of 
Indian tribes. 
‘‘(2) ACCOUNTABILITY.—The Director shall en-
sure 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 to the response of Indian 
tribes to crimes of domestic violence, dating vio-
lence, sexual assault, and stalking against In-
dian women, including legal services for victims 
and Indian-specific offender programs;
312 
‘‘(B) development and maintenance of tribal 
domestic violence shelters or programs for bat-
tered members of Indian tribes, including sexual 
assault services, that are based upon the unique 
circumstances of the members of Indian tribes to 
be served; 
‘‘(C) development of tribal educational 
awareness programs and materials; 
‘‘(D) support for customary tribal activities 
to strengthen the intolerance of an Indian tribe 
to violence against memberes of Indian tribes; 
and 
‘‘(E) development, implementation, and 
maintenance of tribal electronic databases for 
tribal protection order registries. 
‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Of the amounts set aside for 
Indian tribes and tribal organizations in a program 
referred to in paragraph (2), the Attorney General, 
through the Director of the Office of Violence Against 
Women (referred to in this section as the ‘‘Director’’), 
shall take such setasides and combine them to estab-
lish the Safety for Indian Women Formula Grants
313 
Program, a single formula grant program to enhance 
the response of Indian tribal governments to address 
domestic violence, sexual assault, dating violence, and 
stalking. Grants made under this program shall be 
administered by the Tribal Division of the Office on 
Violence Against Women. 
‘‘(2) PROGRAMS COVERED.—The programs cov-
ered by paragraph (1) are the programs carried out 
under the following provisions: 
‘‘(A) Section 2007 (42 U.S.C. 3796gg–1), 
Grants to Combat Violent Crimes Against 
Women. 
‘‘(B) Section 2101 (42 U.S.C. 3796hh), 
Grants to Encourage Arrest Policies. 
‘‘(C) Section 1201 of the Violence Against 
Women Act of 2000 (42 U.S.C. 3796gg–6), Legal 
Assistance for Victims. 
‘‘(D) Section 1301 of the Violence Against 
Women Act of 2000 (42 U.S.C. 10420), Safe Ha-
vens for Children Pilot Program. 
‘‘(E) Section 40295 of the Violence Against 
Women Act of 1994 (42 U.S.C. 13971), Rural 
Domestic Violence and Child Abuser Enforce-
ment Assistance.
314 
‘‘(F) Section 41002 of the Violence Against 
Women Act of 1994, Grants for Court Training 
and Improvements. 
‘‘(G) Section 2014(b), Sexual Assault Serv-
ices Program, Grants to States, Territories and 
Indian Tribes. 
‘‘(H) Title VII, section 41201, Grants for 
Training and Collaboration on the Intersection 
Between Domestic Violence and Child Maltreat-
ment. Section 41202, Services to Advocate For 
and Respond to Teens. 
‘‘(I) Section 704, Grants to Combat Domes-
tic Violence, Dating Violence, Sexual Assault, 
and Stalking In Middle And High Schools. 
‘‘(b) PURPOSE OF PROGRAM AND GRANTS.— 
‘‘(1) GENERAL
PROGRAM
PURPOSE.—The pur-
pose of the program required by this section is to as-
sist Indian tribal governments to develop and enhance 
effective governmental strategies to curtail violent 
crimes against and increase the safety of members of 
Indian tribes consistent with tribal law and custom, 
specifically the following: 
‘‘(A) To increase tribal capacity to respond 
to domestic violence, dating violence, sexual as-
315 
sault, and stalking crimes against members of 
Indian tribes. 
‘‘(B) To strengthen tribal justice interven-
tions including tribal law enforcement, prosecu-
tion, courts, probation, correctional facilities; 
and enhance services to members of Indian tribes 
victimized by domestic violence, dating violence, 
sexual assault, and stalking. 
‘‘(2) PURPOSES
FOR
WHICH
GRANTS
MAY
BE 
USED.—The Director may make grants to Indian 
tribes for the purpose of enhancing participating 
tribes’ capacity to address the safety of members of 
Indian tribes. Each participating tribe shall exercise 
its right of self-determination and self-governance in 
allocating and using funds made available under the 
program. Each participating tribe may use funds 
under the program to support its specific tribally 
based response to increasing the safety of members of 
Indian tribes. Grants under the program shall sup-
port the governmental efforts identified by the Indian 
tribe required according to its distinctive ways of life 
to increase the safety of members of Indian tribes 
from crimes of sexual assault, domestic violence, dat-
ing violence, stalking, kidnapping, and murder.
316 
‘‘(c) DISBURSEMENT.—Not later than 120 days after 
the receipt of an application under this section, the Attor-
ney General, through the Director, shall— 
‘‘(1) disburse the appropriate sums provided for 
under this section; or 
‘‘(2) inform the Indian tribe why the application 
does not conform to the terms of the application re-
quirements. 
‘‘(d) REQUIRED PROCEDURES.— 
‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later 
than 60 days after receiving an appropriation of 
funds supporting the program required by this sec-
tion, Director shall— 
‘‘(A) publish in the Federal Register notifi-
cation of— 
‘‘(i) the availability of those funds to 
Indian tribes; 
‘‘(ii) the total amount of funds avail-
able; and 
‘‘(iii) the process by which tribes may 
participate in the program; and 
‘‘(B) mail each Indian tribe a notification 
of the matters required by subparagraph (A), to-
gether with instructions on the process, copies of
317 
application forms, and a notification of the 
deadline for submission of an application. 
‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.— 
No later than 180 days after receiving an appropria-
tion referred to in paragraph (1), the Director shall 
distribute and make accessible those funds to Indian 
tribes opting to participate in the program. 
‘‘(3) FORMULA.—The Director shall distribute 
those funds according to the following formula: 
‘‘(A) 60 percent of the available funds shall 
be allocated equally to all Indian tribes who ex-
ercise the option to access the funds. 
‘‘(B) The remaining 40 percent shall be al-
located to the same Indian tribes on a per capita 
basis, according to the population residing in the 
respective Indian tribe’s service area. 
‘‘(4) SET-ASIDE.—No later than 120 days after 
receiving an appropriation referred to in paragraph 
(1), the Director shall set aside not less than 5 percent 
and up to 7 percent of the total amount of those funds 
for the purpose of entering into a cooperative agree-
ment or contract with one or more tribal organiza-
tions with demonstrated expertise in providing train-
ing and technical assistance to Indian tribes in ad-
dressing domestic violence, dating violence, sexual as-
318 
sault, and stalking against members of Indian tribes, 
tribal law, and customary pratices. At least one of the 
cooperative agreements or contracts shall be entered 
into with a single tribal organization to provide com-
prehensive technical assistance to participating tribal 
governments. Such training and technical assistance 
shall be specifically designed to address the unique 
legal unique legal status, distinct cultural ways of 
life, and geographic circumstances of the Indian 
tribes receiving funds under the program. 
‘‘(e) RECIPIENT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Indian tribes may receive 
funds under the program required by this section as 
individual tribes or as a consortium of tribes. 
‘‘(2) SUBGRANTS AND OTHER ARRANGEMENTS.— 
Participating tribes may make subgrants or enter 
into contracts or cooperative agreements with the 
funds under the program to enhance the safety of, and 
end domestic violence, dating violence, sexual assault, 
and stalking against, members of Indian tribes. 
‘‘(3) SET ASIDE.—Participating tribes must set 
aside no less than 50 percent of their total allocation 
under this section for tribally specific domestic vio-
lence, dating violence, sexual assault, or stalking vic-
tim services and advocacy for members of Indian
319 
tribes. The services supported with funds under the 
program must be designed to address the unique cir-
cumstances of the individuals to be served, including 
the customary practices and linguistic needs of the in-
dividuals within the tribal community to be served. 
Tribes shall give preference to tribal organizations or 
tribal nonprofit organizations providing advocacy 
services to members of Indian tribes within the com-
munity to be served such as a safety center or shelter 
program for members of Indian tribes. In the case 
where the above organizations do not exist within the 
participating tribe, the participation and support 
from members of Indian tribes in the community to 
be served is sufficient to meet this requirement. 
‘‘(f) ADMINISTRATION REQUIREMENTS.— 
‘‘(1) APPLICATION.—To reduce the administra-
tive burden for Indian tribes, the Director shall pre-
pare an expedited application process for Indian 
tribes participating in the program required by this 
section. The expedited process shall facilitate partici-
pating tribes’ submission of information— 
‘‘(A) outlining project activities; 
‘‘(B) describing how the project activities 
will enhance the Indian tribe’s response to do-
mestic violence, dating violence, sexual assault,
320 
and stalking against members of Indian tribes; 
and 
‘‘(C) identifying the tribal partner pro-
viding advocacy and related services for members 
of Indian tribes who are victims of crimes of do-
mestic violence, dating violence, sexual assault, 
and stalking. 
‘‘(2) REPORTING AND EVALUATION.—The Direc-
tor shall alleviate administrative burdens upon par-
ticipating Indian tribes by— 
‘‘(A) developing a reporting and evaluation 
process relevant to the distinct governance of In-
dian tribes; 
‘‘(B) requiring only essential data to be col-
lected; and 
‘‘(C) limiting reporting to an annual basis. 
‘‘(3) GRANT PERIOD.—The Director shall award 
grants for a two-year period, with a possible exten-
sion of another two years to implement projects under 
the grant. 
‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT RE-
QUIRED.— 
‘‘(1) IN GENERAL.—Given the unique political 
relationship between the United States and Indian 
tribes differentiates tribes from other entities that deal
321 
with or are affected by, the Federal Government, the 
Director shall not require an Indian tribe to match 
funds under this section, except as provided in para-
graph (2). 
‘‘(2) EXCEPTION.—If the Director determines 
that an Indian tribe has adequate resources to comply 
with a matching requirement that would otherwise 
apply but for the operation of paragraph (1), the Di-
rector may waive the operation of paragraph (1) for 
that tribe. 
‘‘(h) EVALUATION.—The Director shall award a con-
tract or cooperative agreement to evaluate programs under 
this section to an entity with the demonstrated expertise 
in domestic violence, dating violence, sexual assault, and 
stalking and knowledge and experience in— 
‘‘(1) the development and delivery of services to 
members of Indian tribes who are victimized; 
‘‘(2) the development and implementation of 
tribal governmental responses to such crimes; and 
‘‘(3) the traditional and customary practices of 
Indian tribes to such crimes.’’.
322 
SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF 
PROSECUTION OF SEXUAL ASSAULT AND DO-
MESTIC VIOLENCE ON TRIBAL LANDS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Comptroller General of the 
United States shall submit to the Congress a report on the 
prosecution of sexual assault and domestic violence com-
mitted against adult American Indians and Alaska Na-
tives. 
(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include the following: 
(1) An assessment of the effectiveness of prosecu-
tion of such cases by the United States district attor-
neys of such cases. 
(2) For each district containing Indian country, 
a summary of the number of sexual assault and do-
mestic violence related cases within Federal criminal 
jurisdiction and charged according to the following 
provisions of title 18, United States Code: Sections 
1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 2261A(2), 
and 922(g)(8). 
(3) A summary of the number of— 
(A) reports received; 
(B) investigations conducted; 
(C) declinations and basis for declination;
323 
(D) prosecutions, including original charge 
and final disposition; 
(E) sentences imposed upon conviction; and 
(F) male victims, female victims, Indian 
defendants, and non-Indian defendants. 
(4) The priority assigned by the district to the 
prosecution of such cases and the percentage of such 
cases prosecuted to total cases prosecuted. 
(5) Any recommendations by the Comptroller 
General for improved Federal prosecution of such 
cases. 
(c) YEARS COVERED.—The report required by this sec-
tion shall cover the years 2000 through 2005.
Union Calendar No. 129 
109TH CONGRESS 
1ST SESSION 
H. R. 3402 
[Report No. 109–233] 
A BILL 
To authorize appropriations for the Department of 
Justice for fiscal years 2006 through 2009, and 
for other purposes. 
SEPTEMBER 22, 2005 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed