303
1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 
two years’’ the following: ‘‘or if the child has been battered 
or subject to extreme cruelty by the adopting parent or 
by a family member of the adopting parent residing in 
the same household’’. 
(b) CONFORMING NATURALIZATION AMENDMENT.—
Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘or the child is residing in the United States pur-
suant to a lawful admission for permanent residence and 
has been battered or subject to extreme cruelty by the cit-
izen parent or by a family member of the citizen parent 
residing in the same household ’’
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications pending or filed 
on or after such date. 
SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY FOR VAWA PETITIONERS. 
(a) WAIVER OF FALSE CLAIM OF U.S. CITIZEN-
SHIP.—
(1) IN
GENERAL.—Section 212(i)(1) of such 
Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
‘‘(and, in the case of a VAWA petitioner who dem-
onstrates a connection between the false claim of
304
United States citizenship and the petitioner being 
subjected to battery or extreme cruelty, clause (ii))’’ 
after ‘‘clause (i)’’. 
(2) 
CONFORMING
REFERENCE.—Section 
212(a)(6)(C)(iii) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 
(i)’’and inserting ‘‘clauses (i) and (ii)’’. 
(b) EXEMPTION FROM PUBLIC CHARGE GROUND.—
(1) IN GENERAL.—Section 212(a)(4) of such 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E) 
SPECIAL
RULE
FOR
BATTERED 
ALIENS.—Subparagraphs (A) through (C) shall 
not apply to an alien who is a VAWA petitioner 
or is a qualified alien described in section 
431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’. 
(c) EFFECTIVE DATE.—Except as provided in this 
section, the amendments made by this section shall take 
effect on the date of the enactment of this Act and shall
305
apply regardless of whether the conviction was entered, 
crime, or disqualifying event occurred before, on, or after 
such date. 
SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED 
SPOUSES OF CERTAIN NONIMMIGRANTS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by 
sections 403(a) and 404(a) of the REAL ID Act of 2005 
(division B of Public Law 109–13), is amended by adding 
at the end the following new paragraph: 
‘‘(15) In the case of an alien spouse admitted under 
subparagraph (A), (E)(iii), (G), or (H) of section 
101(a)(15) who is accompanying or following to join a 
principal alien admitted under subparagraph (A), (E)(iii), 
(G), or (H)(i) of such section, respectively, the Secretary 
of Homeland Security shall authorize the alien spouse to 
engage in employment in the United States and provide 
the spouse with an ‘employment authorized’ endorsement 
or other appropriate work permit if the alien spouse dem-
onstrates that during the marriage the alien spouse or a 
child of the alien spouse has been battered or has been 
the subject to extreme cruelty perpetrated by the spouse 
of the alien spouse.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
306
ment of this Act and shall apply to aliens who obtained 
the status of an alien spouse before, on, or after such date. 
SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDI-
TIONAL PERMANENT RESIDENCE FOR IN-
TENDED SPOUSES. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, or’’; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony has been bat-
tered by or was subject to extreme cruelty per-
petrated by his or her intended spouse and was 
not at fault in failing to meet the requirements 
of paragraph (1).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of VAWA–2000.
307
SEC. 935. CANCELLATION OF REMOVAL. 
(a) CLARIFYING APPLICATION OF DOMESTIC VIO-
LENCE WAIVER AUTHORITY IN CANCELLATION OF RE-
MOVAL.—
(1) IN GENERAL.—Section 240A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1229b(b)) 
is amended—
(A) in paragraph (1)(C)—
(i) by inserting ‘‘subject to paragraph 
(5),’’ after ‘‘(C)’’; and 
(ii) by striking ‘‘(except in a case de-
scribed in section 237(a)(7) where the At-
torney General exercises discretion to 
grant a waiver)’’; 
(B) in paragraph (2)(A), by amending 
clause (iv) to read as follows: 
‘‘(iv) subject to paragraph (5), the 
alien is not inadmissible under paragraph 
(2) or (3) of section 212(a), is not remov-
able under paragraph (2), (3)(D), or (4) of 
section 237(a), and is not removable under 
section 237(a)(1)(G) (except if there was a 
connection between the marriage fraud de-
scribed in such section and the battery or 
extreme cruelty described in clause (i)); 
and ’’; and
308
(C) by adding at the end the following new 
paragraph: 
‘‘(5) APPLICATION
OF
DOMESTIC
VIOLENCE 
WAIVER
AUTHORITY.—The provisions of section 
237(a)(7) shall apply in the application of para-
graphs (1)(C) and (2)(A)(iv) (including waiving 
grounds of deportability) in the same manner as 
they apply under section 237(a). In addition, for 
purposes of such paragraphs and in the case of an 
alien who has been battered or subjected to extreme 
cruelty and if there was a connection between the in-
admissibility or deportability and such battery or 
cruelty with respect to the activity involved, the At-
torney General may waive, in the sole unreviewable 
discretion of the Attorney General, any other ground 
of inadmissibility or deportability for which a waiver 
is authorized under section 212(h), 212(d)(13), 
212(d)(14), or 237(a)(2)(A)(v), and the exception 
described in section 204(a)(1)(C) shall apply.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply as if included in the 
enactment of section 1504(a) of VAWA–2000. 
(b) CLARIFYING NONAPPLICATION
OF CANCELLA-
TION CAP.—
309
(1) IN GENERAL.—Section 240A(e)(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(e)(3)) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) Aliens with respect to their cancella-
tion of removal under subsection (b)(2).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to cancellations of re-
moval occurring on or after October 1, 2004. 
SEC. 936. MOTIONS TO REOPEN. 
(a) REMOVAL PROCEEDINGS.—
(1) IN GENERAL.—Section 240(c)(7) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1230(c)(7)), as redesignated by section 101(d)(1) of 
the REAL ID Act of 2005 (division B of Public Law 
109–13), is amended—
(A) in subparagraph (A), by inserting ‘‘, 
except that this limitation shall not apply so as 
to prevent the filing of one motion to reopen de-
scribed in clause (iv)’’ before the period at the 
end; and 
(B) in subparagraph (C)—
(i) in the heading of clause (iv), by 
striking ‘‘SPOUSES
AND
CHILDREN’’ and
310
inserting ‘‘SPOUSES, CHILDREN, AND PAR-
ENTS,’’; 
(ii) in the matter before subclause (I) 
of clause (iv), by striking ‘‘The deadline 
specified in subsection (b)(5)(C) for filing 
a motion to reopen does not apply’’ and in-
serting ‘‘Any limitation under this section 
on the deadlines for filing such motions 
shall not apply’’; 
(iii) in clause (iv)(I), by striking ‘‘or 
(iv)’’ and inserting ‘‘, (iv), or (vii)’’; 
(iv) in clause (iv)(I), by inserting ‘‘or 
section 244(a)(3) (as in effect on March 
31, 1997)’’ after ‘‘section 240A(b)(2)’’; 
(v) by striking ‘‘and’’ at the end of 
clause (iv)(II); 
(vi) by striking the period at the end 
of clause (iv)(III) and inserting ‘‘; and’’; 
and 
(vii) by adding at the end the fol-
lowing: 
‘‘(IV) if the alien is physically 
present in the United States at the 
time of filing the motion.
311
The filing of a motion to reopen under this 
clause shall stay the removal of the alien 
pending final disposition of the motion in-
cluding exhaustion of all appeals if the mo-
tion establishes a prima facie case for the 
relief applied for.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) DEPORTATION PROCEEDINGS.—
(1) 
IN
GENERAL.—Section 
1506(c)(2) 
of 
VAWA–2000 is amended—
(A) in the matter before clause (i) of sub-
paragraph (A), by striking ‘‘Notwithstanding 
any limitation imposed by law on motions’’ in-
serting ‘‘Notwithstanding any limitation on the 
number of motions, or the deadlines for filing 
motions (including the deadline specified in sec-
tion 242B(c)(3) of the Immigration and Na-
tionality Act before the title III–A effective 
date),’’; 
(B) in the matter before clause (i) of sub-
paragraph (A), by striking ‘‘there is no time 
limit on the filing of a motion’’ and all that fol-
lows through ‘‘does not apply’’ and inserting
312
‘‘such limitations shall not apply to the filing of 
a single motion under this subparagraph to re-
open such proceedings’’; and 
(C) by adding at the end of subparagraph 
(A) the following: 
‘‘The filing of a motion under this subpara-
graph shall stay the removal of the alien pend-
ing a final disposition of the motion including 
the exhaustion of all appeals if the motion es-
tablishes a prima facie case for the relief ap-
plied for. ’’; and 
(D) in subparagraph (B), by inserting 
‘‘who are physically present in the United 
States and’’ after ‘‘filed by aliens’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
SEC. 937. REMOVAL PROCEEDINGS. 
(a) TREATMENT OF BATTERY OR EXTREME CRU-
ELTY
AS
EXCEPTIONAL
CIRCUMSTANCES.—Section 
240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is amended 
by inserting ‘‘battery or extreme cruelty of the alien or 
any child or parent of the alien or’’ after ‘‘exceptional cir-
cumstances (such as’’.
313
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to a failure to appear 
that occurs before, on, or after such date. 
SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPOR-
TATION PARALLEL TO THE RELIEF AVAIL-
ABLE IN VAWA–2000 CANCELLATION FOR 
BIGAMY. 
Section 244(a)(3) of the Immigration and Nationality 
Act (as in effect before the title III–A effective date in 
section 309 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996) shall be applied as if 
‘‘or by a United States citizen or lawful permanent resi-
dent whom the alien intended to marry, but whose mar-
riage is not legitimate because of that United States citi-
zen’s or permanent resident’s bigamy’’ were inserted after 
‘‘by a spouse or parent who is a United States citizen or 
lawful permanent resident’’. 
SEC. 939. CORRECTION OF CROSS-REFERENCE TO CRED-
IBLE EVIDENCE PROVISIONS. 
(a) CUBAN ADJUSTMENT PROVISION.—The last sen-
tence of the first section of Public Law 89–732 (November 
2, 1966; 8 U.S.C. 1255 note), as amended by section 
1509(a) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.
314
(b) NACARA.—Section 202(d)(3) of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100), as amended by section 
1510(a)(2) of VAWA–2000, is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille-
gal Immigration and Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1101 note), as amended by section 1510(b)(2) of 
VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 
inserting ‘‘204(a)(1)(J)’’. 
(d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai-
tian Refugee Immigration Fairness Act of 1998 (division 
A of section 101(h) of Public Law 105–277; 112 Stat. 
2681–538), as amended by section 1511(a) of VAWA–
2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert-
ing ‘‘204(a)(1)(J)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of VAWA–2000. 
SEC. 940. TECHNICAL CORRECTIONS. 
(a) TECHNICAL CORRECTIONS TO REFERENCES IN 
APPLICATION
OF SPECIAL PHYSICAL PRESENCE
AND 
GOOD MORAL CHARACTER RULES.—
315
(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 
‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 
subparagraph, 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 
APPLYING GOOD MORAL CHARACTER.—
(1) IN GENERAL.—Section 101(f)(3) of the Im-
migration 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
316
and Immigrant 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 such Act (8 U.S.C. 
1227(a)(1)(H)(ii)) is amended by striking 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 
inserting ‘‘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 
(3) by moving the margins of each of such 
paragraphs and subparagraphs 6 ems to the right. 
(e) ADDITIONAL
TECHNICAL
CORRECTIONS.—(1) 
Section 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-de-
fense’’ and inserting ‘‘in self-defense’’.
317
(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 violent crimes 
against Indian women; 
(2) to strengthen the capacity of Indian tribes 
to exercise their sovereign authority to respond to 
violent crimes committed against Indian women 
under their jurisdiction; and 
(3) to ensure that perpetrators of violent crimes 
committed against Indian women are held account-
able for their criminal behavior. 
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—
318
(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 Gen-
eral shall solicit recommendations from Indian tribes con-
cerning—
(1) administering tribal funds and programs; 
(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 
General, acting through the Director of the Office on Vio-
319
lence 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.—
(1) IN GENERAL.—The Attorney General, act-
ing through the Director of the Office on Violence 
Against Women, shall establish a task force to assist 
in the development 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
320
(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 sub-
mit 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—
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 
Attorney General shall permit Indian law enforcement 
agencies, in cases of domestic violence, dating violence, 
sexual assault, and stalking, to enter information into 
Federal criminal information databases and to obtain in-
formation from the databases, including information relat-
ing to—
321
‘‘(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. 
(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:
322
‘‘SEC. 2016. TRIBAL DIVISION. 
‘‘(a) IN GENERAL.—The Director of the Office on Vi-
olence Against Women shall designate one or more em-
ployees, each of whom shall have demonstrated expertise 
in tribal law and practice regarding domestic violence, dat-
ing violence, sexual assault, and stalking against members 
of Indian 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 
organizations 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 bene-
fited shall be a prerequisite to the making of the 
grant or letting of the contract; 
‘‘(3) assisting in the development of Federal 
policy, 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;
323
‘‘(5) representing the Office on Violence 
Against Women in the annual consultations under 
section 1002 of the Violence Against Women Reau-
thorization 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 vio-
lence, sexual assault, and stalking against members 
of Indian tribes; and 
‘‘(8) ensuring that adequate tribal training, 
technical assistance, and data collection is made 
available to Indian tribes, tribal courts, tribal orga-
nizations, and tribal nonprofit organizations for all 
programs relating to domestic violence, dating vio-
lence, 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
324
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 capac-
ity 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 In-
dian tribes to crimes of domestic violence, dat-
ing violence, sexual assault, and stalking 
against Indian women, including legal services 
for victims and Indian-specific offender pro-
grams; 
‘‘(B) development and maintenance of trib-
al domestic violence shelters or programs for 
battered 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
325
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 pro-
gram referred to in paragraph (2), the Attorney 
General, through the Director of the Office of Vio-
lence Against Women (referred to in this section as 
the ‘‘Director’’), shall take such setasides and com-
bine them to establish the Safety for Indian Women 
Formula Grants Program, a single formula grant 
program to enhance the response of Indian tribal 
governments to address the safety of members of In-
dian tribes. 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:
326
‘‘(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 Vicitms. 
‘‘(D) Section 1301 of the Violence Against 
Women Act of 2000 (42 U.S.C. 10420), Safe 
Havens 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 Enforcement Assistance. 
‘‘(F) Section 41002 of the Violence 
Against Women Act of 1994, Grants for Court 
Training and Improvements. 
‘‘(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 en-
hance effective governmental strategies to curtail 
violent crimes against and increase the safety of
327
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-
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 vi-
olence, 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 
support the governmental efforts identified by the 
Indian tribe required according to its distinctive
328
ways of life to increase the safety of members of In-
dian tribes from crimes of sexual assault, domestic 
violence, dating violence, stalking, kidnapping, and 
murder. 
‘‘(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 applica-
tion does not conform to the terms of the application 
requirements. 
‘‘(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
329
‘‘(B) mail each Indian tribe a notification 
of the matters required by subparagraph (A), 
together with instructions on the process, copies 
of 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 exercise the option to access the funds, 
‘‘(B) The remaining 40 percent shall be al-
located to the same Indian tribes on a per cap-
ita 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 per-
cent and up to 7 percent of the total amount of 
those funds for the purpose of entering into a coop-
erative agreement or contract with one or more trib-
330
al organizations with demonstrated expertise in pro-
viding training and technical assistance to Indian 
tribes in addressing domestic violence, dating vio-
lence, sexual assault, and stalking against members 
of Indian tribes, tribal law, and customary pratices. 
At least one of the cooperative agreements or con-
tracts shall be entered into with a single tribal orga-
nization to provide comprehensive technical assist-
ance to participating tribal governments. Such train-
ing and technical assistance shall be specifically de-
signed to address the unique legal unique legal sta-
tus, distinct cultural ways of life, and geographic cir-
cumstances 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
ARRANGE-
MENTS.—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 In-
dian tribes.
331
‘‘(3) SET ASIDE.—Participating tribes must set 
aside no less than 40 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 
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 
individuals 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 shel-
ter 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 com-
munity to be served is sufficient to meet this re-
quirement. 
‘‘(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
332
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, 
and stalking against members of Indian tribes; 
and 
‘‘(C) identifying the tribal partner pro-
viding advocacy and related services for mem-
bers of Indian tribes who are victims of crimes 
of domestic violence, dating violence, sexual as-
sault, and stalking. 
‘‘(2) REPORTING AND EVALUATION.—The Di-
rector shall alleviate administrative burdens upon 
participating Indian tribes by—
‘‘(A) developing a reporting and evaluation 
process relevant to the distinct governance of 
Indian tribes; 
‘‘(B) requiring only essential data to be 
collected; and 
‘‘(C) limiting reporting to an annual basis. 
‘‘(3) GRANT
PERIOD.—The Director shall 
award grants for a two-year period, with a possible
333
extension of another two years to implement projects 
under the grant. 
‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT 
REQUIRED.—
‘‘(1) IN GENERAL.—Given the unique political 
relationship between the United States and Indian 
tribes differentiates tribes from other entities that 
deal with or are affected by, the Federal Govern-
ment, the Director shall not require an Indian tribe 
to match funds under this section, except as pro-
vided in paragraph (2). 
‘‘(2) EXCEPTION.—If the Director determines 
that an Indian tribe has adequate resources to com-
ply with a matching requirement that would other-
wise apply but for the operation of paragraph (1), 
the Director 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;
334
‘‘(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.’’. 
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 
committed against adult American Indians and Alaska 
Natives. 
(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include the following: 
(1) An assessment of the effectiveness of pros-
ecution of such cases by the United States district 
attorneys 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), 2261(a)(1)(2), and 922(g)(8).
335
(3) A summary of the number of—
(A) reports received; 
(B) investigations conducted; 
(C) declinations and basis for declination; 
(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. 
(3) The priority assigned by the district to the 
prosecution of such cases and the percentage of such 
cases prosecuted to total cases prosecuted. 
(4) Any recommendations by the Comptroller 
General for improved Federal prosecution of such 
cases. 
(c) YEARS COVERED.—The report required by this 
section shall cover the years 2000 through 2005.
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