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SEC. 903. CONSULTATION.
(a) IN GENERAL.—The Attorney General shall conduct
annual consultations with Indian tribal governments con-
cerning the Federal administration of tribal funds and pro-
grams established under this Act, the Violence Against
Women Act of 1994 (title IV of Public Law 103–322; 108
Stat. 1902) and the Violence Against Women Act of 2000
(division B of Public Law 106–386; 114 Stat. 1491).
(b) RECOMMENDATIONS.—During consultations under
subsection (a), the Secretary of the Department of Health
and Human Services and the Attorney General shall solicit
recommendations from Indian tribes concerning—
(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. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST
INDIAN WOMEN.
(a) NATIONAL BASELINE STUDY.—
(1) IN GENERAL.—The National Institute of Jus-
tice, in consultation with the Office on Violence
Against Women, shall conduct a national baseline
study to examine violence against Indian women in
Indian country.
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(2) SCOPE.—
(A) IN GENERAL.—The study shall examine
violence committed against Indian women,
including—
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) EVALUATION.—The study shall evaluate
the effectiveness of Federal, State, tribal, and
local responses to the violations described in sub-
paragraph 
(A) 
committed 
against 
Indian
women.
(C) RECOMMENDATIONS.—The study shall
propose recommendations to improve the effec-
tiveness of Federal, State, tribal, and local re-
sponses to the violation described in subpara-
graph (A) committed against Indian women.
(3) TASK FORCE.—
(A) IN GENERAL.—The Attorney General,
acting through the Director of the Office on Vio-
lence Against Women, shall establish a task force
to assist in the development and implementation
of the study under paragraph (1) and guide im-
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plementation of the recommendation in para-
graph (2)(C).
(B) MEMBERS.—The Director shall appoint
to the task force representatives from—
(i) national tribal domestic violence
and sexual assault nonprofit organizations;
(ii) tribal governments; and
(iii) the national tribal organizations.
(4) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Attorney General
shall submit to the Committee on Indian Affairs of
the Senate, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the
House of Representatives a report that describes the
study.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this section $1,000,000 for each of fiscal years 2007
and 2008, to remain available until expended.
(b) INJURY STUDY.—
(1) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Indian Health
Service and the Centers for Disease Control and Pre-
vention, shall conduct a study to obtain a national
projection of—
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(A) the incidence of injuries and homicides
resulting from domestic violence, dating violence,
sexual assault, or stalking committed against
American Indian and Alaska Native women;
and
(B) the cost of providing health care for the
injuries described in subparagraph (A).
(2) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Secretary of Health
and Human Services shall submit to the Committee
on Indian Affairs of the Senate, the Committee on the
Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report
that describes the findings made in the study and rec-
ommends health care strategies for reducing the inci-
dence and cost of the injuries described in paragraph
(1).
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this section $500,000 for each of fiscal years 2007 and
2008, to remain available until expended.
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SEC. 
905. 
TRACKING 
OF 
VIOLENCE 
AGAINST 
INDIAN
WOMEN.
(a) ACCESS
TO FEDERAL CRIMINAL INFORMATION
DATABASES.—Section 534 of title 28, United States Code,
is amended—
(1) by redesignating subsection (d) as subsection
(e); 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.’’.
(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.
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(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this section $1,000,000 for each of fiscal years 2007
through 2011, to remain available until expended.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) IN GENERAL.—Part T of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
‘‘(a) GRANTS.—The Attorney General may make
grants to Indian tribal governments and tribal organiza-
tions to—
‘‘(1) develop and enhance effective governmental
strategies to curtail violent crimes against and in-
crease the safety of Indian women consistent with
tribal law and custom;
‘‘(2) increase tribal capacity to respond to do-
mestic violence, dating violence, sexual assault, and
stalking crimes against Indian women;
‘‘(3) strengthen tribal justice interventions in-
cluding tribal law enforcement, prosecution, courts,
probation, correctional facilities;
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‘‘(4) enhance services to Indian women victim-
ized by domestic violence, dating violence, sexual as-
sault, and stalking;
‘‘(5) work in cooperation with the community to
develop education and prevention strategies directed
toward issues of domestic violence, dating violence,
and stalking programs and to address the needs of
children exposed to domestic violence;
‘‘(6) provide programs for supervised visitation
and safe visitation exchange of children in situations
involving domestic violence, sexual assault, or stalk-
ing committed by one parent against the other with
appropriate security measures, policies, and proce-
dures to protect the safety of victims and their chil-
dren; and
‘‘(7) provide transitional housing for victims of
domestic violence, dating violence, sexual assault, or
stalking, including rental or utilities payments assist-
ance and assistance with related expenses such as se-
curity deposits and other costs incidental to relocation
to transitional housing, and support services to enable
a victim of domestic violence, dating violence, sexual
assault, or stalking to locate and secure permanent
housing and integrate into a community.
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‘‘(b) COLLABORATION.—All applicants under this sec-
tion shall demonstrate their proposal was developed in con-
sultation with a nonprofit, nongovernmental Indian victim
services program, including sexual assault and domestic vi-
olence victim services providers in the tribal or local com-
munity, or a nonprofit tribal domestic violence and sexual
assault coalition to the extent that they exist. In the absence
of such a demonstration, the applicant may meet the re-
quirement of this subsection through consultation with
women in the community to be served.
‘‘(c) NONEXCLUSIVITY.—The Federal share of a grant
made under this section may not exceed 90 percent of the
total costs of the project described in the application sub-
mitted, except that the Attorney General may grant a waiv-
er of this match requirement on the basis of demonstrated
financial hardship. Funds appropriated for the activities
of any agency of an Indian tribal government or of the Bu-
reau of Indian Affairs performing law enforcement func-
tions on any Indian lands may be used to provide the non-
Federal share of the cost of programs or projects funded
under this section.’’.
(b) AUTHORIZATION OF FUNDS FROM GRANTS TO
COMBAT
VIOLENT
CRIMES
AGAINST
WOMEN.—Section
2007(b)(1) of the Omnibus Crime Control and Safe Streets
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Act of 1968 (42 U.S.C. 3796gg–1(b)(1)) is amended to read
as follows:
‘‘(1) Ten percent shall be available for grants
under the program authorized in section 2007. The
requirements of this part shall not apply to funds al-
located for such program.’’.
(c) AUTHORIZATION OF FUNDS FROM GRANTS TO EN-
COURAGE STATE POLICIES AND ENFORCEMENT OF PRO-
TECTION ORDERS PROGRAM.—Section 2101 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh) is amended by striking subsection (e) and inserting
the following:
‘‘(e) Not less than 10 percent of the total amount avail-
able under this section for each fiscal year shall be available
for grants under the program authorized in section 2007.
The requirements of this part shall not apply to funds allo-
cated for such program.’’.
(d) AUTHORIZATION OF FUNDS FROM RURAL DOMES-
TIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSIST-
ANCE
GRANTS.—Subsection 40295(c) of the Violence
Against Women Act of 1994 (42 U.S.C. 13971(c)(3)) is
amended by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) Not less than 10 percent of the total amount
available under this section for each fiscal year shall
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be available for grants under the program authorized
in section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this
paragraph shall not apply to funds allocated for such
program.’’.
(e) AUTHORIZATION OF FUNDS FROM THE SAFE HA-
VENS FOR CHILDREN PROGRAM.—Section 1301 of the Vio-
lence Against Women Act of 2000 (42 U.S.C. 10420) is
amended by striking subsection (f) and inserting the fol-
lowing:
‘‘(f) Not less than 10 percent of the total amount avail-
able under this section for each fiscal year shall be available
for grants under the program authorized in section 2007
of the Omnibus Crime Control and Safe Streets Act of 1968.
The requirements of this subsection shall not apply to funds
allocated for such program.’’.
(f) AUTHORIZATION OF FUNDS FROM THE TRANSI-
TIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS
OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT
PROGRAM.—Section 40299(g) of the Violence Against
Women Act of 1994 (42 U.S.C. 13975(g)) is amended by
adding at the end the following:
‘‘(4) TRIBAL PROGRAM.—Not less than 10 per-
cent of the total amount available under this section
for each fiscal year shall be available for grants under
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the program authorized in section 2007 of the Omni-
bus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to
funds allocated for such program.’’.
(g) AUTHORIZATION OF FUNDS FROM THE LEGAL AS-
SISTANCE FOR VICTIMS IMPROVEMENTS PROGRAM.—Sec-
tion 1201(f) of the Violence Against Women Act of 2000
(42 U.S.C. 3796gg–6) is amended by adding at the end the
following:
‘‘(4) Not less than 10 percent of the total amount
available under this section for each fiscal year shall
be available for grants under the program authorized
in section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this
paragraph shall not apply to funds allocated for such
program.’’.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE
AGAINST WOMEN.
Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.), as
amended by section 906, is amended by adding at the end
the following:
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‘‘SEC. 2008. TRIBAL DEPUTY.
‘‘(a) ESTABLISHMENT.—There is established in the Of-
fice on Violence Against Women a Deputy Director for Trib-
al Affairs.
‘‘(b) DUTIES.—
‘‘(1) IN GENERAL.—The Deputy Director shall
under the guidance and authority of the Director of
the Office on Violence Against Women—
‘‘(A) oversee and manage the administra-
tion of grants to and contracts with Indian
tribes, tribal courts, tribal organizations, or trib-
al nonprofit organizations;
‘‘(B) ensure that, if a grant under this Act
or a contract pursuant to such a grant is made
to an organization to perform services that ben-
efit more than 1 Indian tribe, the approval of
each Indian tribe to be benefitted shall be a pre-
requisite to the making of the grant or letting of
the contract;
‘‘(C) coordinate development of Federal pol-
icy, protocols, and guidelines on matters relating
to violence against Indian women;
‘‘(D) advise the Director of the Office on Vi-
olence Against Women concerning policies, legis-
lation, implementation of laws, and other issues
relating to violence against Indian women;
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‘‘(E) represent the Office on Violence
Against Women in the annual consultations
under section 903;
‘‘(F) provide technical assistance, coordina-
tion, and support to other offices and bureaus in
the Department of Justice to develop policy and
to enforce Federal laws relating to violence
against Indian women, including through litiga-
tion of civil and criminal actions relating to
those laws;
‘‘(G) maintain a liaison with the judicial
branches of Federal, State, and tribal govern-
ments on matters relating to violence against In-
dian women;
‘‘(H) support enforcement of tribal protec-
tion orders and implementation of full faith and
credit educational projects and comity agree-
ments 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.—
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‘‘(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 vio-
lence, sexual assault, and stalking against In-
dian women, including legal services for victims
and Indian-specific offender programs;
‘‘(B) development and maintenance of tribal
domestic violence shelters or programs for bat-
tered Indian women, including sexual assault
services, that are based upon the unique cir-
cumstances of the Indian women to be served;
‘‘(C) development of tribal educational
awareness programs and materials;
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‘‘(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 misdemeanor 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 semi-
colon 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 protection 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
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whom the victim shares a child in common, by
a person who is cohabitating 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 domes-
tic assault within the special maritime and territorial ju-
risdiction 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 of-
fenses 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.
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‘‘(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 situated 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 SAM-
PLES 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 subpara-
graph (A), and inserting the following:
‘‘(A) The Director of the Federal Bureau of
Investigation shall promptly expunge from the
index described in subsection (a) the DNA anal-
ysis of a person included in the index—
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‘‘(i) on the basis of conviction for a
qualifying Federal 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, 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 At-
torney 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 applica-
ble time period.’’;
(3) in subsection (d)(2)(A)(ii), by striking ‘‘all
charges for’’ and all that follows, and inserting the
following: ‘‘the responsible 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
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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 Elimi-
nation 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 FEDERAL AUTHORITY.
(a) IN GENERAL.—Section 3 of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘The Di-
rector’’ and inserting the following:
‘‘(A) The Attorney General may, as pre-
scribed 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