II 

Calendar No. 579 

112TH CONGRESS 

2D SESSION S. 1763 

[Report No. 112–265] 

To decrease the incidence of violent crimes against Indian women, to strengthen the capacity of Indian tribes to exercise the sovereign authority 

of Indian tribes to respond to violent crimes committed against Indian 

women, and to ensure that perpetrators of violent crimes committed 

against Indian women are held accountable for that criminal behavior, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Mr. AKAKA (for himself, Mr. FRANKEN, Mr. UDALL of New Mexico, Mr. 

INOUYE, Mr. BEGICH, Mrs. MURRAY, Mr. JOHNSON of South Dakota, 

Mr. BINGAMAN, Mr. TESTER, Mr. BAUCUS, Mr. CONRAD, Mr. REID, Ms. 

MURKOWSKI, Mr. CRAPO, and Mr. SANDERS) introduced the following 

bill; which was read twice and referred to the Committee on Indian Affairs 

DECEMBER 27, 2012 

Reported by Mr. AKAKA, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To decrease the incidence of violent crimes against Indian 

women, to strengthen the capacity of Indian tribes to 

exercise the sovereign authority of Indian tribes to respond to violent crimes committed against Indian women, 

and to ensure that perpetrators of violent crimes comVerDate Mar 15 2010 01:25 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
2 

•S 1763 RS

mitted against Indian women are held accountable for 

that criminal behavior, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stand Against Violence and Empower Native Women 

6 Act’’ or the ‘‘SAVE Native Women Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GRANT PROGRAMS 

Sec. 101. Grants to Indian tribal governments. 

Sec. 102. Tribal coalition grants. 

Sec. 103. Consultation. 

Sec. 104. Analysis and research on violence against women. 

Sec. 105. Definitions. 

TITLE II—TRIBAL JURISDICTION AND CRIMINAL OFFENSES 

Sec. 201. Tribal jurisdiction over crimes of domestic violence. 

Sec. 202. Tribal protection orders. 

Sec. 203. Amendments to the Federal assault statute. 

Sec. 204. Effective dates; pilot project. 

Sec. 205. Other amendments. 

TITLE III—INDIAN LAW AND ORDER COMMISSION 

Sec. 301. Indian Law and Order Commission. 

9 TITLE I—GRANT PROGRAMS 

10 SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

11 Section 2015(a) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

13 10(a)) is amended— 


tjames on DSK6SPTVN1PROD with 
3 

•S 1763 RS

1 (1) in paragraph (2), by inserting ‘‘sex traf2 ficking,’’ after ‘‘sexual assault,’’; 

3 (2) in paragraph (4), by inserting ‘‘sex traf4 ficking,’’ after ‘‘sexual assault,’’; 

5 (3) in paragraph (5), by inserting ‘‘sexual as6 sault, sex trafficking,’’ after ‘‘dating violence,’’; 

7 (4) in paragraph (7)— 

8 (A) by inserting ‘‘sex trafficking,’’ after 

9 ‘‘sexual assault,’’ each place it appears; and 

10 (B) by striking ‘‘and’’ at the end; 

11 (5) in paragraph (8)— 

12 (A) by inserting ‘‘sex trafficking,’’ after 

13 ‘‘stalking,’’; and 

14 (B) by striking the period at the end and 

15 inserting a semicolon; and 

16 (6) by adding at the end the following: 

17 ‘‘(9) provide services to address the needs of 

18 youth who are victims of domestic violence, dating 

19 violence, sexual assault, sex trafficking, or stalking 

20 and the needs of children exposed to domestic vio21 lence, dating violence, sexual assault, sex trafficking, 

22 or stalking, including support for the nonabusing 

23 parent or the caretaker of the child; and 

24 ‘‘(10) develop and promote legislation and poli25 cies that enhance best practices for responding to 


tjames on DSK6SPTVN1PROD with 
4 

•S 1763 RS

1 violent crimes against Indian women, including the 

2 crimes of domestic violence, dating violence, sexual 

3 assault, sex trafficking, and stalking.’’. 

4 SEC. 102. TRIBAL COALITION GRANTS. 

5 Section 2001 of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 

7 amended by striking subsection (d) and inserting the fol8 lowing: 

9 ‘‘(d) TRIBAL COALITION GRANTS.— 

10 ‘‘(1) PURPOSE.—The Attorney General shall 

11 award a grant to each established tribal coalition for 

12 purposes of— 

13 ‘‘(A) increasing awareness of domestic vio14 lence and sexual assault against Indian women; 

15 ‘‘(B) enhancing the response to violence 

16 against Indian women at the Federal, State, 

17 and tribal levels; 

18 ‘‘(C) identifying and providing technical 

19 assistance to coalition membership and tribal 

20 communities to enhance access to essential serv21 ices to Indian women victimized by domestic 

22 and sexual violence, including sex trafficking; 

23 and 

24 ‘‘(D) assisting Indian tribes in developing 

25 and promoting legislation and policies that enVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
5 

•S 1763 RS

1 hance best practices for responding to violent 

2 crimes against Indian women, including the 

3 crimes of domestic violence, dating violence, 

4 sexual assault, sex trafficking, and stalking. 

5 ‘‘(2) GRANTS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Attorney General shall award 

8 grants on annual basis under paragraph (1) 

9 to— 

10 ‘‘(i) each tribal coalition that— 

11 ‘‘(I) meets the criteria of a tribal 

12 coalition under section 40002(a) of 

13 the Violence Against Women Act of 

14 1994 (42 U.S.C. 13925(a)); 

15 ‘‘(II) is recognized by the Office 

16 on Violence Against Women; and 

17 ‘‘(III) provides services to Indian 

18 tribes; and 

19 ‘‘(ii) organizations that propose to in20 corporate and operate a tribal coalition in 

21 areas where Indian tribes are located but 

22 no tribal coalition exists. 

23 ‘‘(B) RESTRICTION.—An organization de24 scribed in subparagraph (A)(ii) shall use a 

25 grant under this subsection to support the planVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
6 

•S 1763 RS

1 ning and development of a tribal coalition, sub2 ject to the condition that any amounts provided 

3 to the organization under this subsection that 

4 remain unobligated on September 30 of each 

5 fiscal year for which amounts are made avail6 able under paragraph (3) shall be redistributed 

7 in the subsequent fiscal year by the Attorney 

8 General to tribal coalitions described in sub9 paragraph (A)(i). 

10 ‘‘(3) USE OF AMOUNTS.—For each of fiscal 

11 years 2013 through 2017, of the amounts appro12 priated to carry out this subsection— 

13 ‘‘(A) 10 percent shall be made available to 

14 organizations described in paragraph (2)(A)(ii); 

15 and 

16 ‘‘(B) 90 percent shall be made available to 

17 tribal coalitions described in paragraph 

18 (2)(A)(i), which amounts shall be distributed 

19 equally among each eligible tribal coalition for 

20 the applicable fiscal year. 

21 ‘‘(4) DURATION.—A grant under this sub22 section shall be awarded for a period of 1 year. 

23 ‘‘(5) ELIGIBILITY FOR OTHER GRANTS.—Re24 ceipt of an award under this subsection by a tribal 

25 coalition shall not preclude the tribal coalition from 


tjames on DSK6SPTVN1PROD with 
7 

•S 1763 RS

1 receiving additional grants under this title to carry 

2 out the purposes described in paragraph (1). 

3 ‘‘(6) MULTIPLE PURPOSE APPLICATIONS.— 

4 Nothing in this subsection prohibits any tribal coali5 tion or organization described in paragraph (2)(A) 

6 from applying for funding to address sexual assault 

7 or domestic violence needs in the same application.’’. 

8 SEC. 103. CONSULTATION. 

9 Section 903 of the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (42 

11 U.S.C. 14045d) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘and the Violence Against 

14 Women Act of 2000’’ and inserting ‘‘, the Vio15 lence Against Women Act of 2000’’; and 

16 (B) by inserting ‘‘, and the Stand Against 

17 Violence and Empower Native Women Act’’ be18 fore the period at the end; 

19 (2) in subsection (b)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘the Secretary of the Department of 

22 Health and Human Services and’’ and inserting 

23 ‘‘the Secretary of Health and Human Services, 

24 the Secretary of the Interior, and’’; and 


tjames on DSK6SPTVN1PROD with 
8 

•S 1763 RS

1 (B) in paragraph (2), by inserting ‘‘sex 

2 trafficking,’’ after ‘‘sexual assault,’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(c) NOTICE.—Not later than 120 days before the 

5 date of a consultation under subsection (a), the Attorney 

6 General shall notify tribal leaders of the date, time, and 

7 location of the consultation.’’. 

8 SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

9 WOMEN. 

10 Section 904(a) of the Violence Against Women and 

11 Department of Justice Reauthorization Act of 2005 (42 

12 U.S.C. 3796gg–10 note) is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘The National’’ and insert15 ing ‘‘Not later than 2 years after the date of 

16 enactment of the Stand Against Violence and 

17 Empower Native Women Act, the National’’; 

18 and 

19 (B) by inserting ‘‘and in Native villages’’ 

20 before the period at the end; 

21 (2) in paragraph (2)(A)— 

22 (A) in clause (iv), by striking ‘‘and’’ at the 

23 end; 

24 (B) in clause (v), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


tjames on DSK6SPTVN1PROD with 
9 

•S 1763 RS

1 (C) by adding at the end the following: 

2 ‘‘(vi) sex trafficking.’’; 

3 (3) in paragraph (4), by striking ‘‘this Act’’ and 

4 inserting ‘‘the Stand Against Violence and Empower 

5 Native Women Act’’; and 

6 (4) in paragraph (5), by striking ‘‘this section 

7 $1,000,000 for each of fiscal years 2007 and 2008’’ 

8 and inserting ‘‘this subsection $1,000,000 for each 

9 of fiscal years 2012 and 2013’’. 

10 SEC. 105. DEFINITIONS. 

11 Section 40002(a) of the Violence Against Women Act 

12 of 1994 (42 U.S.C. 13925(a)) is amended— 

13 (1) by redesignating paragraphs (18) through 

14 (22) and (23) through (37) as paragraphs (19) 

15 through (23) and (25) through (39), respectively; 

16 (2) by inserting after paragraph (17) the fol17 lowing: 

18 ‘‘(18) NATIVE VILLAGE.—The term ‘Native vil19 lage’ has the meaning given that term in section 3 

20 of the Alaska Native Claims Settlement Act (43 

21 U.S.C. 1602).’’; 

22 (3) in paragraph (22) (as redesignated by para23 graph (1))— 

24 (A) in subparagraph (A), by striking ‘‘or’’ 

25 at the end; 


tjames on DSK6SPTVN1PROD with 
10 

•S 1763 RS

1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) an area or community under the ju5 risdiction of a federally recognized Indian 

6 tribe.’’; 

7 (4) by inserting after paragraph (23) (as redes8 ignated by paragraph (1)) the following: 

9 ‘‘(24) SEX TRAFFICKING.—The term ‘sex traf10 ficking’ means any conduct proscribed by section 

11 1591 of title 18, United States Code, regardless of 

12 whether the conduct occurs in interstate or foreign 

13 commerce or within the special maritime and terri14 torial jurisdiction of the United States.’’; and 

15 (5) by striking paragraph (31) (as redesignated 

16 by paragraph (1)) and inserting the following: 

17 ‘‘(31) TRIBAL COALITION.—The term ‘tribal co18 alition’ means an established nonprofit, nongovern19 mental Indian organization established to provide 

20 services on a statewide, regional, or customary terri21 tory basis that— 

22 ‘‘(A) provides education, support, and tech23 nical assistance to Indian service providers in a 

24 manner that enables the providers to establish 

25 and maintain culturally appropriate services, inVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
11 

•S 1763 RS

1 cluding shelter and rape crisis services, de2 signed to assist Indian women and the depend3 ents of those women who are victims of domes4 tic violence, dating violence, sexual assault, and 

5 stalking; 

6 ‘‘(B) is comprised of board and general 

7 members that are representative of— 

8 ‘‘(i) the service providers described in 

9 subparagraph (A); and 

10 ‘‘(ii) the tribal communities in which 

11 the services are being provided; 

12 ‘‘(C) serves as an information clearing13 house and resource center for Indian programs 

14 addressing domestic violence and sexual assault; 

15 ‘‘(D) supports the development of legisla16 tion, policies, protocols, procedures, and guid17 ance to enhance domestic violence and sexual 

18 assault intervention and prevention efforts in 

19 Indian tribes and communities to be served; 

20 and 

21 ‘‘(E) has expertise in the development of 

22 Indian community-based, linguistically, and cul23 turally specific outreach and intervention serv24 ices for the Indian communities to be served.’’. 


tjames on DSK6SPTVN1PROD with 
12 

•S 1763 RS

1 TITLE II—TRIBAL JURISDICTION 

2 AND CRIMINAL OFFENSES 

3 SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMES4 TIC VIOLENCE. 

5 Title II of Public Law 90–284 (25 U.S.C. 1301 et 

6 seq.) (commonly known as the ‘‘Indian Civil Rights Act 

7 of 1968’’) is amended by adding at the end the following: 

8 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES9 TIC VIOLENCE. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio12 lence’ means violence committed by a person who is 

13 or has been in a social relationship of a romantic or 

14 intimate nature with the victim, as determined by 

15 the length of the relationship, the type of relation16 ship, and the frequency of interaction between the 

17 persons involved in the relationship. 

18 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes19 tic violence’ means violence committed by a current 

20 or former spouse of the victim, by a person with 

21 whom the victim shares a child in common, by a per22 son who is cohabitating with or has cohabitated with 

23 the victim as a spouse, or by a person similarly situ24 ated to a spouse of the victim under the domestic or 

25 family violence laws of the Indian tribe that has juVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
13 

•S 1763 RS

1 risdiction over the Indian country where the violence 

2 occurs. 

3 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 

4 country’ has the meaning given the term in section 

5 1151 of title 18, United States Code. 

6 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici7 pating tribe’ means an Indian tribe that elects to ex8 ercise special domestic violence criminal jurisdiction 

9 over the Indian country of that Indian tribe. 

10 ‘‘(5) PROTECTION ORDER.—The term ‘protec11 tion order’ means any injunction, restraining order, 

12 or other order issued by a civil or criminal court for 

13 the purpose of preventing violent or threatening acts 

14 or harassment against, sexual violence against, con15 tact or communication with, or physical proximity 

16 to, another person, including any temporary or final 

17 order issued by a civil or criminal court, whether ob18 tained by filing an independent action or as a 

19 pendente lite order in another proceeding, so long as 

20 the civil or criminal order was issued in response to 

21 a complaint, petition, or motion filed by or on behalf 

22 of a person seeking protection. 

23 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

24 JURISDICTION.—The term ‘special domestic violence 

25 criminal jurisdiction’ means the criminal jurisdiction 


tjames on DSK6SPTVN1PROD with 
14 

•S 1763 RS

1 that a participating tribe may exercise under this 

2 section but could not otherwise exercise. 

3 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The 

4 term ‘spouse or intimate partner’ has the meaning 

5 given the term in section 2266 of title 18, United 

6 States Code. 

7 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, in addition to all powers of self-gov10 ernment recognized and affirmed by this Act, the 

11 powers of self-government of a participating tribe in12 clude the inherent power of that tribe, which is here13 by recognized and affirmed, to exercise special do14 mestic violence criminal jurisdiction over all persons. 

15 ‘‘(2) CONCURRENT JURISDICTION.—A partici16 pating tribe shall exercise special domestic violence 

17 criminal jurisdiction concurrently, not exclusively. 

18 ‘‘(3) APPLICABILITY.—Nothing in this sec19 tion— 

20 ‘‘(A) creates or eliminates any Federal or 

21 State criminal jurisdiction over Indian country; 

22 or 

23 ‘‘(B) affects the authority of the United 

24 States, or any State government that has been 

25 delegated authority by the United States, to inVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
15 

•S 1763 RS

1 vestigate and prosecute a criminal violation in 

2 Indian country. 

3 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

4 exercise special domestic violence criminal jurisdiction over 

5 a defendant for criminal conduct that falls into 1 or more 

6 of the following categories: 

7 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO8 LENCE.—An act of domestic violence or dating vio9 lence that occurs in the Indian country of the par10 ticipating tribe. 

11 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 

12 An act that— 

13 ‘‘(A) occurs in the Indian country of the 

14 participating tribe; and 

15 ‘‘(B) violates the portion of a protection 

16 order that— 

17 ‘‘(i) prohibits or provides protection 

18 against violent or threatening acts or har19 assment against, sexual violence against, 

20 contact or communication with, or physical 

21 proximity to, another person; and 

22 ‘‘(ii)(I) was issued against the defend23 ant; 

24 ‘‘(II) is enforceable by the partici25 pating tribe; and 


tjames on DSK6SPTVN1PROD with 
16 

•S 1763 RS

1 ‘‘(III) is consistent with section 

2 2265(b) of title 18, United States Code. 

3 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

4 ‘‘(1) DEFINITION OF VICTIM.—In this sub5 section and with respect to a criminal proceeding in 

6 which a participating tribe exercises special domestic 

7 violence criminal jurisdiction based on a criminal 

8 violation of a protection order, the term ‘victim’ 

9 means a person specifically protected by a protection 

10 order that the defendant allegedly violated. 

11 ‘‘(2) NON-INDIAN VICTIMS AND DEFEND12 ANTS.—In a criminal proceeding in which a partici13 pating tribe exercises special domestic violence crimi14 nal jurisdiction, the case shall be dismissed if— 

15 ‘‘(A) the defendant files a pretrial motion 

16 to dismiss on the grounds that the alleged of17 fense did not involve an Indian; and 

18 ‘‘(B) the participating tribe fails to prove 

19 that the defendant or an alleged victim is an 

20 Indian. 

21 ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal 

22 proceeding in which a participating tribe exercises 

23 special domestic violence criminal jurisdiction, the 

24 case shall be dismissed if— 


tjames on DSK6SPTVN1PROD with 
17 

•S 1763 RS

1 ‘‘(A) the defendant files a pretrial motion 

2 to dismiss on the grounds that the defendant 

3 and the alleged victim lack sufficient ties to the 

4 Indian tribe; and 

5 ‘‘(B) the prosecuting tribe fails to prove 

6 that the defendant or an alleged victim— 

7 ‘‘(i) resides in the Indian country of 

8 the participating tribe; 

9 ‘‘(ii) is employed in the Indian coun10 try of the participating tribe; or 

11 ‘‘(iii) is a spouse or intimate partner 

12 of a member of the participating tribe. 

13 ‘‘(4) WAIVER.—A knowing and voluntary fail14 ure of a defendant to file a pretrial motion described 

15 in paragraph (2) or (3) shall be considered a waiver 

16 of the right to seek a dismissal under this sub17 section. 

18 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro19 ceeding in which a participating tribe exercises special do20 mestic violence criminal jurisdiction, the participating 

21 tribe shall provide to the defendant— 

22 ‘‘(1) all applicable rights under this Act; 

23 ‘‘(2) if a term of imprisonment of any length is 

24 imposed, all rights described in section 202(c); and 


tjames on DSK6SPTVN1PROD with 
18 

•S 1763 RS

1 ‘‘(3) all other rights whose protection is nec2 essary under the Constitution of the United States 

3 in order for Congress to recognize and affirm the in4 herent power of the participating tribe to exercise 

5 criminal jurisdiction over the defendant. 

6 ‘‘(f) PETITIONS TO STAY DETENTION.— 

7 ‘‘(1) IN GENERAL.—A person who has filed a 

8 petition for a writ of habeas corpus in a court of the 

9 United States under section 203 may petition that 

10 court to stay further detention of that person by the 

11 participating tribe. 

12 ‘‘(2) GRANT OF STAY.—A court shall grant a 

13 stay described in paragraph (1) if the court— 

14 ‘‘(A) finds that there is a substantial likeli15 hood that the habeas corpus petition will be 

16 granted; and 

17 ‘‘(B) after giving each alleged victim in the 

18 matter an opportunity to be heard, finds, by 

19 clear and convincing evidence that, under condi20 tions imposed by the court, the petitioner is not 

21 likely to flee or pose a danger to any person or 

22 the community if released. 

23 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At24 torney General may award grants to the governments of 


tjames on DSK6SPTVN1PROD with 
19 

•S 1763 RS

1 Indian tribes (or to authorized designees of those govern2 ments)— 

3 ‘‘(1) to strengthen tribal criminal justice sys4 tems to assist Indian tribes in exercising special do5 mestic violence criminal jurisdiction, including— 

6 ‘‘(A) law enforcement (including the capac7 ity to enter information into and obtain infor8 mation from national crime information data9 bases); 

10 ‘‘(B) prosecution; 

11 ‘‘(C) trial and appellate courts; 

12 ‘‘(D) probation systems; 

13 ‘‘(E) detention and correctional facilities; 

14 ‘‘(F) alternative rehabilitation centers; 

15 ‘‘(G) culturally appropriate services and 

16 assistance for victims and their families; and 

17 ‘‘(H) criminal codes and rules of criminal 

18 procedure, appellate procedure, and evidence; 

19 ‘‘(2) to provide indigent criminal defendants 

20 with the effective assistance of licensed defense 

21 counsel, at no cost to the defendant, in criminal pro22 ceedings in which a participating tribe prosecutes a 

23 crime of domestic violence or dating violence or a 

24 criminal violation of a protection order; 


tjames on DSK6SPTVN1PROD with 
20 

•S 1763 RS

1 ‘‘(3) to ensure that, in criminal proceedings in 

2 which a participating tribe exercises special domestic 

3 violence criminal jurisdiction, jurors are summoned, 

4 selected, and instructed in a manner consistent with 

5 all applicable requirements; and 

6 ‘‘(4) to accord victims of domestic violence, dat7 ing violence, and violations of protection orders 

8 rights that are similar to the rights of a crime victim 

9 described in section 3771(a) of title 18, United 

10 States Code, consistent with tribal law and custom. 

11 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts 

12 made available under this section shall supplement and 

13 not supplant any other Federal, State, tribal, or local gov14 ernment amounts made available to carry out activities de15 scribed in this section. 

16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out subsection 

18 (g) and to provide training, technical assistance, data col19 lection, and evaluation of the criminal justice systems of 

20 participating tribes such sums as are necessary.’’. 

21 SEC. 202. TRIBAL PROTECTION ORDERS. 

22 Section 2265 of title 18, United States Code, is 

23 amended by striking subsection (e) and inserting the fol24 lowing: 


tjames on DSK6SPTVN1PROD with 
21 

•S 1763 RS

1 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 

2 of this section, a court of an Indian tribe shall have full 

3 civil jurisdiction to issue and enforce protection orders in4 volving any person, including the authority to enforce any 

5 orders through civil contempt proceedings, the exclusion 

6 of violators from Indian land, and other appropriate mech7 anisms, in matters arising anywhere in the Indian country 

8 of the Indian tribe (as defined in section 1151) or other9 wise within the authority of the Indian tribe.’’. 

10 SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STAT11 UTE. 

12 (a) ASSAULTS BY STRIKING, BEATING, OR WOUND13 ING.—Section 113(a)(4) of title 18, United States Code, 

14 is amended by striking ‘‘six months’’ and inserting ‘‘1 

15 year’’. 

16 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

17 INJURY.—Section 113(a)(7) of title 18, United States 

18 Code, is amended by striking ‘‘substantial bodily injury 

19 to an individual who has not attained the age of 16 years’’ 

20 and inserting ‘‘substantial bodily injury to a spouse or in21 timate partner, a dating partner, or an individual who has 

22 not attained the age of 16 years’’. 

23 (c) ASSAULTS BY STRANGLING OR SUFFOCATING.— 

24 Section 113(a) of title 18, United States Code, is amended 

25 by adding at the end the following: 


tjames on DSK6SPTVN1PROD with 
22 

•S 1763 RS

1 ‘‘(8) Assault of a spouse, intimate partner, or 

2 dating partner by strangling, suffocating, or at3 tempting to strangle or suffocate, by a fine under 

4 this title, imprisonment for not more than 10 years, 

5 or both.’’. 

6 (d) DEFINITIONS.—Section 113(b) of title 18, United 

7 States Code, is amended— 

8 (1) by striking ‘‘(b) As used in this sub9 section—’’ and inserting the following: 

10 ‘‘(b) DEFINITIONS.—In this section—’’; 

11 (2) in paragraph (1)(B), by striking ‘‘and’’ at 

12 the end; 

13 (3) in paragraph (2), by striking the period at 

14 the end and inserting a semicolon; and 

15 (4) by adding at the end the following: 

16 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

17 intimate partner’ have the meanings given those 

18 terms in section 2266; 

19 ‘‘(4) the term ‘strangling’ means intentionally, 

20 knowingly, or recklessly impeding the normal breath21 ing or circulation of the blood of a person by apply22 ing pressure to the throat or neck, regardless of 

23 whether that conduct results in any visible injury or 

24 whether there is any intent to kill or protractedly in25 jure the victim; and 


tjames on DSK6SPTVN1PROD with 
23 

•S 1763 RS

1 ‘‘(5) the term ‘suffocating’ means intentionally, 

2 knowingly, or recklessly impeding the normal breath3 ing of a person by covering the mouth of the person, 

4 the nose of the person, or both, regardless of wheth5 er that conduct results in any visible injury or 

6 whether there is any intent to kill or protractedly in7 jure the victim.’’. 

8 (e) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

9 18, United States Code, is amended by striking ‘‘assault 

10 with intent to commit murder, assault with a dangerous 

11 weapon, assault resulting in serious bodily injury (as de12 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

13 assault under section 113’’. 

14 SEC. 204. EFFECTIVE DATES; PILOT PROJECT. 

15 (a) GENERAL EFFECTIVE DATE.—Except as pro16 vided in subsection (b), the amendments made by this title 

17 shall take effect on the date of enactment of this Act. 

18 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO19 LENCE CRIMINAL JURISDICTION.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), subsections (b) through (e) of section 204 

22 of Public Law 90–284 (as added by section 201) 

23 shall take effect on the date that is 2 years after the 

24 date of enactment of this Act. 

25 (2) PILOT PROJECT.— 


tjames on DSK6SPTVN1PROD with 
24 

•S 1763 RS

1 (A) IN GENERAL.—At any time during the 

2 2-year period beginning on the date of enact3 ment of this Act, an Indian tribe may ask the 

4 Attorney General to designate the tribe as a 

5 participating tribe under section 204(a) of Pub6 lic Law 90–284 on an accelerated basis. 

7 (B) PROCEDURE.—The Attorney General 

8 (or a designee of the Attorney General) may 

9 grant a request under subparagraph (A) after 

10 coordinating with the Secretary of the Interior 

11 (or a designee of the Secretary), consulting with 

12 affected Indian tribes, and concluding that the 

13 criminal justice system of the requesting tribe 

14 has adequate safeguards in place to protect de15 fendants’ rights, consistent with section 204 of 

16 Public Law 90–284. 

17 (C) EFFECTIVE DATES FOR PILOT

18 PROJECTS.—An Indian tribe designated as a 

19 participating tribe under this paragraph may 

20 commence exercising special domestic violence 

21 criminal jurisdiction pursuant to subsections (b) 

22 through (e) of section 204 of Public Law 90– 

23 284 on a date established by the Attorney Gen24 eral, after consultation with that Indian tribe, 


tjames on DSK6SPTVN1PROD with 
25 

•S 1763 RS

1 but in no event later than the date that is 2 

2 years after the date of enactment of this Act. 

3 SEC. 205. OTHER AMENDMENTS. 

4 (a) ASSAULTS.—Section 113(a) of title 18, United 

5 States Code, is amended— 

6 (1) by striking paragraph (1) and inserting the 

7 following: 

8 ‘‘(1) Assault with intent to commit murder or 

9 a felony under chapter 109A, by a fine under this 

10 title, imprisonment for not more than 20 years, or 

11 both.’’; 

12 (2) in paragraph (3) by striking ‘‘and without 

13 just cause or excuse,’’; and 

14 (3) in paragraph (7), by striking ‘‘fine’’ and in15 serting ‘‘a fine’’. 

16 (b) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

17 of title 18, United States Code, is amended by inserting 

18 ‘‘or tribal’’ after ‘‘State’’. 

19 TITLE III—INDIAN LAW AND 

20 ORDER COMMISSION 

21 SEC. 301. INDIAN LAW AND ORDER COMMISSION. 

22 Section 15(f) of the Indian Law Enforcement Reform 

23 Act (25 U.S.C. 2812(f)) is amended by striking ‘‘2 years’’ 

24 and inserting ‘‘3 years’’. 


tjames on DSK6SPTVN1PROD with 
26 

•S 1763 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stand Against Violence and Empower Native Women Act’’ 

4 or the ‘‘SAVE Native Women Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GRANT PROGRAMS 

Sec. 101. Grants to Indian tribal governments. 

Sec. 102. Tribal coalition grants. 

Sec. 103. Consultation. 

Sec. 104. Analysis and research on violence against women. 

Sec. 105. Definitions. 

TITLE II—TRIBAL JURISDICTION AND CRIMINAL OFFENSES 

Sec. 201. Tribal jurisdiction over crimes of domestic violence. 

Sec. 202. Tribal protection orders. 

Sec. 203. Amendments to the Federal assault statute. 

Sec. 204. Effective dates; pilot project. 

Sec. 205. Assaults; repeat offenders. 

Sec. 206. Violations of tribal civil protection orders. 

Sec. 207. High priority performance goal pilot program reporting. 

TITLE III—INDIAN LAW AND ORDER COMMISSION 

Sec. 301. Indian Law and Order Commission. 

TITLE IV—SAFETY ENHANCEMENT STUDY AND DEMONSTRATION 

PROJECTS 

Sec. 401. Safety enhancement study and demonstration projects. 

7 TITLE I—GRANT PROGRAMS 

8 SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

9 Section 2015 of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10) is 

11 amended— 

12 (1) in subsection (a)— 


tjames on DSK6SPTVN1PROD with 
27 

•S 1763 RS

1 (A) in paragraph (2), by inserting ‘‘sex 

2 trafficking,’’ after ‘‘sexual assault,’’; 

3 (B) in paragraph (4), by inserting ‘‘sex 

4 trafficking,’’ after ‘‘sexual assault,’’; 

5 (C) in paragraph (5), by inserting ‘‘sexual 

6 assault, sex trafficking,’’ after ‘‘dating violence,’’; 

7 (D) in paragraph (7)— 

8 (i) by inserting ‘‘sex trafficking,’’ after 

9 ‘‘sexual assault,’’ each place it appears; and 

10 (ii) by striking ‘‘and’’ at the end; 

11 (E) in paragraph (8)— 

12 (i) by inserting ‘‘sex trafficking,’’ after 

13 ‘‘stalking,’’; and 

14 (ii) by striking the period at the end 

15 and inserting a semicolon; and 

16 (F) by adding at the end the following: 

17 ‘‘(9) provide services to address the needs of 

18 youth who are victims of domestic violence, dating vi19 olence, sexual assault, sex trafficking, or stalking and 

20 the needs of children exposed to domestic violence, 

21 dating violence, sexual assault, sex trafficking, or 

22 stalking, including support for the nonabusing parent 

23 or the caretaker of the child; and 

24 ‘‘(10) develop legislation and policies and pro25 vide outreach and education that enhance best pracVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
28 

•S 1763 RS

1 tices for responding to violent crimes against Indian 

2 women, including the crimes of domestic violence, 

3 dating violence, sexual assault, sex trafficking, and 

4 stalking.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) ADMINISTRATION.—Notwithstanding any other 

7 provision of law and in addition to any amounts that are 

8 otherwise made available to carry out this section, amounts 

9 made available pursuant to sections 41201(d)(1), 

10 41303(a)(3)(B), and 41305(a)(3)(B) of the Violence Against 

11 Women Act of 1994 (42 U.S.C. 14043c(d)(1), 14043d– 

12 2(a)(3)(B), 14043d–4(a)(3)(B)) shall be made available to 

13 carry out this section.’’. 

14 SEC. 102. TRIBAL COALITION GRANTS. 

15 Section 2001 of title I of the Omnibus Crime Control 

16 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended 

17 by striking subsection (d) and inserting the following: 

18 ‘‘(d) TRIBAL COALITION GRANTS.— 

19 ‘‘(1) PURPOSE.—The Attorney General shall 

20 award a grant to tribal coalitions for purposes of— 

21 ‘‘(A) increasing awareness of domestic vio22 lence and sexual assault against Indian women; 

23 ‘‘(B) enhancing the response to violence 

24 against Indian women at the Federal, State, and 

25 tribal levels; 


tjames on DSK6SPTVN1PROD with 
29 

•S 1763 RS

1 ‘‘(C) identifying and providing technical 

2 assistance to coalition membership and tribal 

3 communities to enhance access to essential serv4 ices to Indian women victimized by domestic 

5 and sexual violence, including sex trafficking; 

6 and 

7 ‘‘(D) assisting Indian tribes in developing 

8 legislation and policies and providing outreach 

9 and education that enhance best practices for re10 sponding to violent crimes against Indian 

11 women, including the crimes of domestic vio12 lence, dating violence, sexual assault, sex traf13 ficking, and stalking. 

14 ‘‘(2) GRANTS.—The Attorney General shall 

15 award grants on annual basis under paragraph (1) 

16 to— 

17 ‘‘(A) each tribal coalition that— 

18 ‘‘(i) meets the criteria of a tribal coali19 tion under section 40002(a) of the Violence 

20 Against Women Act of 1994 (42 U.S.C. 

21 13925(a)); 

22 ‘‘(ii) is recognized by the Office on Vio23 lence Against Women; and 

24 ‘‘(iii) provides services to Indian 

25 tribes; and 


tjames on DSK6SPTVN1PROD with 
30 

•S 1763 RS

1 ‘‘(B) organizations that propose to incor2 porate and operate a tribal coalition in areas 

3 where Indian tribes are located but no tribal co4 alition exists. 

5 ‘‘(3) USE OF AMOUNTS.—For each of fiscal years 

6 2013 through 2017, of the amounts appropriated to 

7 carry out this subsection— 

8 ‘‘(A) not more than 10 percent may be 

9 made available to organizations described in 

10 paragraph (2)(B); and 

11 ‘‘(B) not less than 90 percent shall be made 

12 available to tribal coalitions described in para13 graph (2)(A), which amounts shall be distributed 

14 equally among each eligible tribal coalition for 

15 the applicable fiscal year. 

16 ‘‘(4) DURATION.—A grant under this subsection 

17 shall be awarded for a period of 1 year. 

18 ‘‘(5) ELIGIBILITY FOR OTHER GRANTS.—Receipt 

19 of an award under this subsection by a tribal coali20 tion shall not preclude the tribal coalition from re21 ceiving additional grants under this title to carry out 

22 the purposes described in paragraph (1). 

23 ‘‘(6) MULTIPLE PURPOSE APPLICATIONS.—Noth24 ing in this subsection prohibits any tribal coalition or 

25 organization described in paragraph (2) from applyVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
31 

•S 1763 RS

1 ing for funding to address sexual assault or domestic 

2 violence needs in the same application.’’. 

3 SEC. 103. CONSULTATION. 

4 Section 903 of the Violence Against Women and De5 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

6 14045d) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘and the Violence Against 

9 Women Act of 2000’’ and inserting ‘‘, the Vio10 lence Against Women Act of 2000’’; and 

11 (B) by inserting ‘‘, and the Stand Against 

12 Violence and Empower Native Women Act’’ be13 fore the period at the end; 

14 (2) in subsection (b)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘the Secretary of the Department of 

17 Health and Human Services and’’ and inserting 

18 ‘‘the Secretary of Health and Human Services, 

19 the Secretary of the Interior, and’’; and 

20 (B) in paragraph (2), by inserting ‘‘sex 

21 trafficking,’’ after ‘‘sexual assault,’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(c) NOTICE.—Not later than 120 days before the date 

24 of a consultation under subsection (a), the Attorney General 


tjames on DSK6SPTVN1PROD with 
32 

•S 1763 RS

1 shall notify tribal leaders of the date, time, and location 

2 of the consultation.’’. 

3 SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

4 WOMEN. 

5 Section 904(a) of the Violence Against Women and De6 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

7 3796gg–10 note) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘The National’’ and insert10 ing ‘‘Not later than 3 years after the date of en11 actment of the Stand Against Violence and Em12 power Native Women Act, the National’’; and 

13 (B) by inserting ‘‘, women in Alaska Native 

14 villages, and Native Hawaiian women’’ before 

15 the period at the end; 

16 (2) in paragraph (2)(A)— 

17 (A) in clause (iv), by striking ‘‘and’’ at the 

18 end; 

19 (B) in clause (v), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(vi) sex trafficking.’’; 

23 (3) in paragraph (4), by striking ‘‘this Act’’ and 

24 inserting ‘‘the Stand Against Violence and Empower 

25 Native Women Act’’; and 


tjames on DSK6SPTVN1PROD with 
33 

•S 1763 RS

1 (4) in paragraph (5), by striking ‘‘this section 

2 $1,000,000 for each of fiscal years 2007 and 2008’’ 

3 and inserting ‘‘this subsection $1,000,000 for each of 

4 fiscal years 2012 and 2013’’. 

5 SEC. 105. DEFINITIONS. 

6 Section 40002(a) of the Violence Against Women Act 

7 of 1994 (42 U.S.C. 13925(a)) is amended— 

8 (1) by redesignating paragraphs (23) through 

9 (37) as paragraphs (24) through (38), respectively; 

10 (2) in paragraph (21)— 

11 (A) in subparagraph (A), by striking ‘‘or’’ 

12 at the end; 

13 (B) in subparagraph (B), by striking the 

14 period at the end and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) an area or community associated with 

17 a federally recognized Indian tribe, regardless of 

18 whether the land is owned by the Indian tribe.’’; 

19 (3) by inserting after paragraph (22) the fol20 lowing: 

21 ‘‘(23) SEX TRAFFICKING.—The term ‘sex traf22 ficking’ means any conduct proscribed by section 

23 1591 of title 18, United States Code, regardless of 

24 whether the conduct occurs in interstate or foreign 


tjames on DSK6SPTVN1PROD with 
34 

•S 1763 RS

1 commerce or within the special maritime and terri2 torial jurisdiction of the United States.’’; and 

3 (4) by striking paragraph (30) (as redesignated 

4 by paragraph (1)) and inserting the following: 

5 ‘‘(30) TRIBAL COALITION.—The term ‘tribal coa6 lition’ means an established nonprofit, nongovern7 mental Indian organization (including a Native Ha8 waiian organization) that— 

9 ‘‘(A) is established to provide services to 

10 members of the tribal coalition on a statewide, 

11 regional, or customary territory basis; 

12 ‘‘(B) provides education, support, and tech13 nical assistance to member Indian service pro14 viders in a manner that enables those member 

15 providers to establish and maintain culturally 

16 appropriate services, including shelter and rape 

17 crisis services, designed to assist Indian women 

18 and the dependents of those women who are vic19 tims of domestic violence, dating violence, sexual 

20 assault, and stalking; 

21 ‘‘(C) serves as an information clearinghouse 

22 and resource center for Indian programs ad23 dressing domestic violence and sexual assault; 

24 ‘‘(D) is comprised of board and general 

25 members that are representative of— 


tjames on DSK6SPTVN1PROD with 
35 

•S 1763 RS

1 ‘‘(i) the member service providers de2 scribed in subparagraph (B); and 

3 ‘‘(ii) the tribal communities in which 

4 the services are being provided; 

5 ‘‘(E) supports the development of legisla6 tion, policies, protocols, procedures, and guid7 ance to enhance domestic violence and sexual as8 sault intervention and prevention efforts in In9 dian tribes and communities to be served; and 

10 ‘‘(F) has expertise in the development of In11 dian community-based, linguistically, and cul12 turally specific outreach and intervention serv13 ices for the Indian communities to be served.’’. 

14 TITLE II—TRIBAL JURISDICTION 

15 AND CRIMINAL OFFENSES 

16 SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMES17 TIC VIOLENCE. 

18 Title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) 

19 (commonly known as the ‘‘Indian Civil Rights Act of 

20 1968’’) is amended by adding at the end the following: 

21 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES22 TIC VIOLENCE. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio25 lence’ means violence committed by a person who is 


tjames on DSK6SPTVN1PROD with 
36 

•S 1763 RS

1 or has been in a social relationship of a romantic or 

2 intimate nature with the victim, as determined by the 

3 length of the relationship, the type of relationship, 

4 and the frequency of interaction between the persons 

5 involved in the relationship. 

6 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domestic 

7 violence’ means violence committed by a current or 

8 former spouse of the victim, by a person with whom 

9 the victim shares a child in common, by a person who 

10 is cohabitating with or has cohabitated with the vic11 tim as a spouse, or by a person similarly situated to 

12 a spouse of the victim under the domestic or family 

13 violence laws of the Indian tribe that has jurisdiction 

14 over the Indian country where the violence occurs. 

15 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian coun16 try’ has the meaning given the term in section 1151 

17 of title 18, United States Code. 

18 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici19 pating tribe’ means an Indian tribe that elects to ex20 ercise special domestic violence criminal jurisdiction 

21 over the Indian country of that Indian tribe. 

22 ‘‘(5) PROTECTION ORDER.—The term ‘protection 

23 order’ means any injunction, restraining order, or 

24 other order issued by a civil or criminal court for the 

25 purpose of preventing violent or threatening acts or 


tjames on DSK6SPTVN1PROD with 
37 

•S 1763 RS

1 harassment against, sexual violence against, contact 

2 or communication with, or physical proximity to, an3 other person, including any temporary or final order 

4 issued by a civil or criminal court, whether obtained 

5 by filing an independent action or as a pendente lite 

6 order in another proceeding, so long as the civil or 

7 criminal order was issued in response to a complaint, 

8 petition, or motion filed by or on behalf of a person 

9 seeking protection. 

10 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL JU11 RISDICTION.—The term ‘special domestic violence 

12 criminal jurisdiction’ means the criminal jurisdiction 

13 that a participating tribe may exercise under this sec14 tion but could not otherwise exercise. 

15 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The term 

16 ‘spouse or intimate partner’ has the meaning given 

17 the term in section 2266 of title 18, United States 

18 Code. 

19 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, in addition to all powers of self-gov22 ernment recognized and affirmed by this Act, the 

23 powers of self-government of a participating tribe in24 clude the inherent power of that tribe, which is hereby 


tjames on DSK6SPTVN1PROD with 
38 

•S 1763 RS

1 recognized and affirmed, to exercise special domestic 

2 violence criminal jurisdiction over all persons. 

3 ‘‘(2) CONCURRENT JURISDICTION.—A partici4 pating tribe shall exercise special domestic violence 

5 criminal jurisdiction concurrently, not exclusively. 

6 ‘‘(3) APPLICABILITY.—Nothing in this section— 

7 ‘‘(A) creates or eliminates any Federal or 

8 State criminal jurisdiction over Indian country; 

9 or 

10 ‘‘(B) affects the authority of the United 

11 States, or any State government that has been 

12 delegated authority by the United States, to in13 vestigate and prosecute a criminal violation in 

14 Indian country. 

15 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

16 exercise special domestic violence criminal jurisdiction over 

17 a defendant for criminal conduct that falls into 1 or more 

18 of the following categories: 

19 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO20 LENCE.—An act of domestic violence or dating vio21 lence that occurs in the Indian country of the partici22 pating tribe. 

23 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.—An 

24 act that— 


tjames on DSK6SPTVN1PROD with 
39 

•S 1763 RS

1 ‘‘(A) occurs in the Indian country of the 

2 participating tribe; and 

3 ‘‘(B) violates the portion of a protection 

4 order that— 

5 ‘‘(i) prohibits or provides protection 

6 against violent or threatening acts or har7 assment against, sexual violence against, 

8 contact or communication with, or physical 

9 proximity to, another person; and 

10 ‘‘(ii)(I) was issued against the defend11 ant; 

12 ‘‘(II) is enforceable by the partici13 pating tribe; and 

14 ‘‘(III) is consistent with section 

15 2265(b) of title 18, United States Code. 

16 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

17 ‘‘(1) DEFINITION OF VICTIM.—In this subsection 

18 and with respect to a criminal proceeding in which 

19 a participating tribe exercises special domestic vio20 lence criminal jurisdiction based on a criminal viola21 tion of a protection order, the term ‘victim’ means a 

22 person specifically protected by a protection order 

23 that the defendant allegedly violated. 

24 ‘‘(2) NON-INDIAN VICTIMS AND DEFENDANTS.— 

25 In a criminal proceeding in which a participating 


tjames on DSK6SPTVN1PROD with 
40 

•S 1763 RS

1 tribe exercises special domestic violence criminal ju2 risdiction, the case shall be dismissed if— 

3 ‘‘(A) the defendant files a pretrial motion to 

4 dismiss on the grounds that the alleged offense 

5 did not involve an Indian; and 

6 ‘‘(B) the participating tribe fails to prove 

7 that the defendant or an alleged victim is an In8 dian. 

9 ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal pro10 ceeding in which a participating tribe exercises spe11 cial domestic violence criminal jurisdiction, the case 

12 shall be dismissed if— 

13 ‘‘(A) the defendant files a pretrial motion to 

14 dismiss on the grounds that the defendant and 

15 the alleged victim lack sufficient ties to the In16 dian tribe; and 

17 ‘‘(B) the prosecuting tribe fails to prove that 

18 the defendant or an alleged victim— 

19 ‘‘(i) resides in the Indian country of 

20 the participating tribe; 

21 ‘‘(ii) is employed in the Indian coun22 try of the participating tribe; or 

23 ‘‘(iii) is a spouse or intimate partner 

24 of a member of the participating tribe. 


tjames on DSK6SPTVN1PROD with 
41 

•S 1763 RS

1 ‘‘(4) WAIVER.—A knowing and voluntary failure 

2 of a defendant to file a pretrial motion described in 

3 paragraph (2) or (3) shall be considered a waiver of 

4 the right to seek a dismissal under this subsection. 

5 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro6 ceeding in which a participating tribe exercises special do7 mestic violence criminal jurisdiction, the participating 

8 tribe shall provide to the defendant— 

9 ‘‘(1) all applicable rights under this Act; 

10 ‘‘(2) if a term of imprisonment of any length is 

11 imposed, all rights described in section 202(c); and 

12 ‘‘(3) all other rights whose protection is nec13 essary under the Constitution of the United States in 

14 order for Congress to recognize and affirm the inher15 ent power of the participating tribe to exercise crimi16 nal jurisdiction over the defendant. 

17 ‘‘(f) PETITIONS TO STAY DETENTION.— 

18 ‘‘(1) IN GENERAL.—A person who has filed a pe19 tition for a writ of habeas corpus in a court of the 

20 United States under section 203 may petition that 

21 court to stay further detention of that person by the 

22 participating tribe. 

23 ‘‘(2) GRANT OF STAY.—A court shall grant a 

24 stay described in paragraph (1) if the court— 


tjames on DSK6SPTVN1PROD with 
42 

•S 1763 RS

1 ‘‘(A) finds that there is a substantial likeli2 hood that the habeas corpus petition will be 

3 granted; and 

4 ‘‘(B) after giving each alleged victim in the 

5 matter an opportunity to be heard, finds, by 

6 clear and convincing evidence that, under condi7 tions imposed by the court, the petitioner is not 

8 likely to flee or pose a danger to any person or 

9 the community if released. 

10 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The Attor11 ney General may award grants to the governments of In12 dian tribes (or to authorized designees of those govern13 ments)— 

14 ‘‘(1) to strengthen tribal criminal justice systems 

15 to assist Indian tribes in exercising special domestic 

16 violence criminal jurisdiction, including— 

17 ‘‘(A) law enforcement (including the capac18 ity to enter information into and obtain infor19 mation from national crime information data20 bases); 

21 ‘‘(B) prosecution; 

22 ‘‘(C) trial and appellate courts; 

23 ‘‘(D) probation systems; 

24 ‘‘(E) detention and correctional facilities; 

25 ‘‘(F) alternative rehabilitation centers; 


tjames on DSK6SPTVN1PROD with 
43 

•S 1763 RS

1 ‘‘(G) culturally appropriate services and as2 sistance for victims and their families; and 

3 ‘‘(H) criminal codes and rules of criminal 

4 procedure, appellate procedure, and evidence; 

5 ‘‘(2) to provide indigent criminal defendants 

6 with the effective assistance of licensed defense coun7 sel, at no cost to the defendant, in criminal pro8 ceedings in which a participating tribe prosecutes a 

9 crime of domestic violence or dating violence or a 

10 criminal violation of a protection order; 

11 ‘‘(3) to ensure that, in criminal proceedings in 

12 which a participating tribe exercises special domestic 

13 violence criminal jurisdiction, jurors are summoned, 

14 selected, and instructed in a manner consistent with 

15 all applicable requirements; and 

16 ‘‘(4) to accord victims of domestic violence, dat17 ing violence, and violations of protection orders rights 

18 that are similar to the rights of a crime victim de19 scribed in section 3771(a) of title 18, United States 

20 Code, consistent with tribal law and custom. 

21 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts made 

22 available under this section shall supplement and not sup23 plant any other Federal, State, tribal, or local government 

24 amounts made available to carry out activities described 

25 in this section. 


tjames on DSK6SPTVN1PROD with 
44 

•S 1763 RS

1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out subsection (g) 

3 and to provide training, technical assistance, data collec4 tion, and evaluation of the criminal justice systems of par5 ticipating tribes such sums as are necessary.’’. 

6 SEC. 202. TRIBAL PROTECTION ORDERS. 

7 Section 2265 of title 18, United States Code, is amend8 ed by striking subsection (e) and inserting the following: 

9 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of 

10 this section, a court of an Indian tribe shall have full civil 

11 jurisdiction to issue and enforce protection orders involving 

12 any person, including the authority to enforce any orders 

13 through civil contempt proceedings, the exclusion of viola14 tors from Indian land, and other appropriate mechanisms, 

15 in matters arising anywhere in the Indian country of the 

16 Indian tribe (as defined in section 1151) or otherwise with17 in the authority of the Indian tribe. 

18 ‘‘(f) APPLICABILITY.—Nothing in this section limits, 

19 alters, expands, or diminishes the civil or criminal jurisdic20 tion of the State of Alaska, any subdivision of the State 

21 of Alaska, or any Indian tribe in the State of Alaska.’’. 


tjames on DSK6SPTVN1PROD with 
45 

•S 1763 RS

1 SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STAT2 UTE. 

3 (a) ASSAULTS BY STRIKING, BEATING, OR WOUND4 ING.—Section 113(a)(4) of title 18, United States Code, is 

5 amended by striking ‘‘six months’’ and inserting ‘‘1 year’’. 

6 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

7 INJURY.—Section 113(a)(7) of title 18, United States Code, 

8 is amended by striking ‘‘substantial bodily injury to an in9 dividual who has not attained the age of 16 years’’ and 

10 inserting ‘‘substantial bodily injury to a spouse or intimate 

11 partner, a dating partner, or an individual who has not 

12 attained the age of 16 years’’. 

13 (c) ASSAULTS BY STRANGLING OR SUFFOCATING.— 

14 Section 113(a) of title 18, United States Code, is amended 

15 by adding at the end the following: 

16 ‘‘(8) Assault of a spouse, intimate partner, or 

17 dating partner by strangling, suffocating, or attempt18 ing to strangle or suffocate, by a fine under this title, 

19 imprisonment for not more than 10 years, or both.’’. 

20 (d) DEFINITIONS.—Section 113(b) of title 18, United 

21 States Code, is amended— 

22 (1) by striking ‘‘(b) As used in this subsection— 

23 ’’ and inserting the following: 

24 ‘‘(b) DEFINITIONS.—In this section—’’; 

25 (2) in paragraph (1)(B), by striking ‘‘and’’ at 

26 the end; 


tjames on DSK6SPTVN1PROD with 
46 

•S 1763 RS

1 (3) in paragraph (2), by striking the period at 

2 the end and inserting a semicolon; and 

3 (4) by adding at the end the following: 

4 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

5 intimate partner’ have the meanings given those 

6 terms in section 2266; 

7 ‘‘(4) the term ‘strangling’ means intentionally, 

8 knowingly, or recklessly impeding the normal breath9 ing or circulation of the blood of a person by apply10 ing pressure to the throat or neck, regardless of wheth11 er that conduct results in any visible injury or wheth12 er there is any intent to kill or protractedly injure the 

13 victim; and 

14 ‘‘(5) the term ‘suffocating’ means intentionally, 

15 knowingly, or recklessly impeding the normal breath16 ing of a person by covering the mouth of the person, 

17 the nose of the person, or both, regardless of whether 

18 that conduct results in any visible injury or whether 

19 there is any intent to kill or protractedly injure the 

20 victim.’’. 

21 (e) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

22 18, United States Code, is amended by striking ‘‘assault 

23 with intent to commit murder, assault with a dangerous 

24 weapon, assault resulting in serious bodily injury (as deVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
47 

•S 1763 RS

1 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

2 assault under section 113’’. 

3 SEC. 204. EFFECTIVE DATES; PILOT PROJECT. 

4 (a) GENERAL EFFECTIVE DATE.—Except as provided 

5 in subsection (b), the amendments made by this title shall 

6 take effect on the date of enactment of this Act. 

7 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO8 LENCE CRIMINAL JURISDICTION.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), subsections (b) through (e) of section 204 

11 of Public Law 90–284 (as added by section 201) shall 

12 take effect on the date that is 2 years after the date 

13 of enactment of this Act. 

14 (2) PILOT PROJECT.— 

15 (A) IN GENERAL.—At any time during the 

16 2-year period beginning on the date of enactment 

17 of this Act, an Indian tribe may ask the Attor18 ney General to designate the tribe as a partici19 pating tribe under section 204(a) of Public Law 

20 90–284 on an accelerated basis. 

21 (B) PROCEDURE.—The Attorney General 

22 (or a designee of the Attorney General) may 

23 grant a request under subparagraph (A) after co24 ordinating with the Secretary of the Interior (or 

25 a designee of the Secretary), consulting with afVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
48 

•S 1763 RS

1 fected Indian tribes, and concluding that the 

2 criminal justice system of the requesting tribe 

3 has adequate safeguards in place to protect de4 fendants’ rights, consistent with section 204 of 

5 Public Law 90–284. 

6 (C) EFFECTIVE DATES FOR PILOT

7 PROJECTS.—An Indian tribe designated as a 

8 participating tribe under this paragraph may 

9 commence exercising special domestic violence 

10 criminal jurisdiction pursuant to subsections (b) 

11 through (e) of section 204 of Public Law 90–284 

12 on a date established by the Attorney General, 

13 after consultation with that Indian tribe, but in 

14 no event later than the date that is 2 years after 

15 the date of enactment of this Act. 

16 SEC. 205. ASSAULTS; REPEAT OFFENDERS. 

17 (a) ASSAULTS.—Section 113(a) of title 18, United 

18 States Code, is amended— 

19 (1) by striking paragraph (1) and inserting the 

20 following: 

21 ‘‘(1) Assault with intent to commit murder or a 

22 felony under chapter 109A, by a fine under this title, 

23 imprisonment for not more than 20 years, or both.’’; 

24 (2) in paragraph (3) by striking ‘‘and without 

25 just cause or excuse,’’; and 


tjames on DSK6SPTVN1PROD with 
49 

•S 1763 RS

1 (3) in paragraph (7), by striking ‘‘fine’’ and in2 serting ‘‘a fine’’. 

3 (b) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) of 

4 title 18, United States Code, is amended by inserting ‘‘or 

5 tribal’’ after ‘‘State’’. 

6 SEC. 206. VIOLATIONS OF TRIBAL CIVIL PROTECTION OR7 DERS. 

8 Section 1153 of title 18, United States Code, is amend9 ed by adding at the end the following: 

10 ‘‘(c) VIOLATION OF TRIBAL CIVIL PROTECTION

11 ORDER.— 

12 ‘‘(1) DEFINITION OF CIVIL PROTECTION

13 ORDER.—In this subsection, the term ‘civil protection 

14 order’ means an order issued in a civil proceeding by 

15 a court or other judicial tribunal of an Indian tribe 

16 for the purpose of protecting a person who resides in 

17 the Indian country of the Indian tribe from physical 

18 harm, violent or threatening acts, harassment, or sex19 ual violence by the respondent, which temporarily or 

20 permanently prohibits the respondent from approach21 ing or coming into physical proximity to or contact 

22 with the person at a specified residence, place, or area 

23 in such Indian country. 

24 ‘‘(2) PROHIBITION.—It shall be unlawful for any 

25 person to violate the terms of a civil protection order 


tjames on DSK6SPTVN1PROD with 
50 

•S 1763 RS

1 issued by a court or other judicial tribunal of an In2 dian tribe in accordance with paragraph (4). 

3 ‘‘(3) PENALTY.—Any person who violates para4 graph (2) shall— 

5 ‘‘(A) be guilty of a crime; and 

6 ‘‘(B)(i) for the first violation of the civil 

7 protection order, fined not more than $1,000, 

8 imprisoned for not more than 1 year, or both; 

9 and 

10 ‘‘(ii) for any subsequent violation of the 

11 civil protection order, fined not more than 

12 $5,000, imprisoned for not more than 3 years, or 

13 both. 

14 ‘‘(4) REQUIREMENTS.—A violation of a civil 

15 protection order or a civil exclusion order shall con16 stitute an offense under paragraph (2) if the civil 

17 protection order— 

18 ‘‘(A) meets all of the requirements of section 

19 2265 relating to full faith and credit; and 

20 ‘‘(B) includes the following statement: ‘A 

21 violation of this civil protection order may result 

22 in criminal prosecution under Federal law and 

23 the imposition of a fine, imprisonment, or both.’. 

24 ‘‘(5) EFFECT OF SUBSECTION.—Nothing in this 

25 subsection limits, modifies, or otherwise affects the apVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
51 

•S 1763 RS

1 plication of any provision of sections 2261 through 

2 2266.’’. 

3 SEC. 207. HIGH PRIORITY PERFORMANCE GOAL PILOT PRO4 GRAM REPORTING. 

5 Section 3(c) of the Indian Law Enforcement Reform 

6 Act (25 U.S.C. 2802(c)) is amended— 

7 (1) in paragraph (17), by striking ‘‘and’’ after 

8 the semicolon; 

9 (2) in paragraph (18), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(19) beginning not later than 90 days after the 

13 date of enactment of this paragraph, submitting to 

14 the appropriate committees of Congress for each fiscal 

15 year a report on the high priority performance goal 

16 pilot program carried out by the Secretary to reduce 

17 violent crime in Indian communities that includes— 

18 ‘‘(A) a list of the Indian tribes partici19 pating in the program, including— 

20 ‘‘(i) baseline data on the violent crimes 

21 occurring on the reservations of those In22 dian tribes before the high priority perform23 ance goal pilot program commenced, includ24 ing the quantity and types of violent 

25 crimes; 


tjames on DSK6SPTVN1PROD with 
52 

•S 1763 RS

1 ‘‘(ii) data on the quantity and types of 

2 violent crimes on the reservations of those 

3 Indians tribes in each subsequent fiscal 

4 year; and 

5 ‘‘(iii) any barriers to reporting violent 

6 crimes on the reservations of those Indian 

7 tribes; 

8 ‘‘(B) a projected list of Indians tribes, res9 ervations, or Indian land that the Secretary an10 ticipates including in the program, including de11 tails on when and how the Secretary intends to 

12 develop the program on the Indian land or res13 ervations; 

14 ‘‘(C) a description of the strategies, commu15 nity policing activities, tribal consultation, best 

16 practices, training, technical assistance, and 

17 community and tribal outreach employed by the 

18 Office of Justice Services and law enforcement 

19 personnel; 

20 ‘‘(D) for each of the reservations described 

21 in subparagraphs (A) and (B)— 

22 ‘‘(i) baseline data on the quantity of 

23 law enforcement and court personnel at 

24 each of the reservations; 


tjames on DSK6SPTVN1PROD with 
53 

•S 1763 RS

1 ‘‘(ii) data on the quantity of law en2 forcement and court personnel at each of the 

3 reservations at the end of each subsequent 

4 fiscal year; and 

5 ‘‘(iii) a description of any barriers to 

6 hiring law enforcement and court personnel 

7 for those reservations; 

8 ‘‘(E) a description of the short- and long9 term plans of action of the Secretary for reduc10 ing violent crime in the tribal communities de11 scribed in subparagraphs (A) and (B); 

12 ‘‘(F) any feasibility evaluations or studies 

13 relating to the expansion of the pilot program to 

14 other Indian tribes and Indian land or reserva15 tions, which shall include an analysis of the im16 pact of such an expansion on existing programs; 

17 and 

18 ‘‘(G) any other information the Secretary 

19 determines to be necessary.’’. 

20 TITLE III—INDIAN LAW AND 

21 ORDER COMMISSION 

22 SEC. 301. INDIAN LAW AND ORDER COMMISSION. 

23 Section 15(f) of the Indian Law Enforcement Reform 

24 Act (25 U.S.C. 2812(f)) is amended by striking ‘‘2 years’’ 

25 and inserting ‘‘3 years’’. 


tjames on DSK6SPTVN1PROD with 
54 

•S 1763 RS

1 TITLE IV—SAFETY ENHANCE2 MENT STUDY AND DEM3 ONSTRATION PROJECTS 

4 SEC. 401. SAFETY ENHANCEMENT STUDY AND DEMONSTRA5 TION PROJECTS. 

6 Title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) 

7 (commonly known as the ‘‘Indian Civil Rights Act of 

8 1968’’) (as amended by section 201) is amended by adding 

9 at the end the following: 

10 ‘‘SEC. 205. SAFETY ENHANCEMENT STUDY AND DEM11 ONSTRATION PROJECTS. 

12 ‘‘(a) IN GENERAL.—For each of fiscal years 2012 

13 through 2018, the Secretary may select up to 5 Indian 

14 tribes to participate in a demonstration project to carry 

15 out Federal regulatory enforcement activities authorized by 

16 this section. 

17 ‘‘(b) DEMONSTRATION PROJECTS.—For each Indian 

18 tribe selected by the Secretary for a demonstration project 

19 under this section, the Secretary shall— 

20 ‘‘(1) in consultation with the Indian tribe, pro21 mulgate regulations with respect to the management, 

22 use, and public safety of and in Indian country, in23 cluding the property in Indian country; and 

24 ‘‘(2) at the request of the Indian tribe, negotiate 

25 agreements with the Indian tribe that reflect the staVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
55 

•S 1763 RS

1 tus of the applicable tribal officers as Federal law en2 forcement officers under section 5(f) of the Indian 

3 Law Enforcement Reform Act (25 U.S.C. 2804(f)), 

4 acting within the scope of the duties described in sec5 tion 3(c) of that Act (25 U.S.C. 2802(c)), to allow 

6 those tribal officers to enforce regulations promulgated 

7 under this section. 

8 ‘‘(c) APPLICATION AND SELECTION.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 not later than 180 days after the date of enactment 

11 of this section, and after consultation with Indian 

12 tribes, the Secretary shall publish application require13 ments and selection criteria for demonstration 

14 projects authorized under this section. 

15 ‘‘(2) CRITERIA.—In selecting an Indian tribe for 

16 participation in a demonstration project under this 

17 section, the Secretary shall— 

18 ‘‘(A) ensure that the Indian tribe has noti19 fied the applicable State and local governments 

20 in which the proposed demonstration project is 

21 located; and 

22 ‘‘(B) give preference to an application for 

23 Indian country in which the United States At24 torney for the district in which the proposed 


tjames on DSK6SPTVN1PROD with 
56 

•S 1763 RS

1 demonstration project is located consents to the 

2 proposed project. 

3 ‘‘(d) PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Any person who knowingly 

5 and willfully violates any regulation promulgated 

6 pursuant to this section shall be fined not more than 

7 $1,000, imprisoned for not more than 1 year, or both. 

8 ‘‘(2) MAGISTRATE JUDGES.—Any person charged 

9 with a violation of a regulation promulgated pursu10 ant to this section may be tried and sentenced by any 

11 United States magistrate judge who is designated for 

12 that purpose by the court in the same manner and 

13 subject to the same conditions and limitations as are 

14 described in section 3401 of title 18, United States 

15 Code 

16 ‘‘(e) EFFECT OF REGULATIONS.—Nothing in this sec17 tion, including a regulation promulgated by the Secretary 

18 under this section— 

19 ‘‘(1) modifies or diminishes the criminal juris20 diction of any State or local government; or 

21 ‘‘(2) modifies or affects section 1152 of title 18, 

22 United States Code. 

23 ‘‘(f) EXPIRATION OF REGULATIONS.—A regulation 

24 promulgated by the Secretary under this section may reVerDate Mar 15 2010 00:21 Dec 28, 2012 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\S1763.RS S1763

tjames on DSK6SPTVN1PROD with 
57 

•S 1763 RS

1 main in effect for a period not to exceed 4 years after the 

2 date of expiration of the applicable demonstration project. 

3 ‘‘(g) REPORT.—Not later than September 30, 2016, the 

4 Secretary shall submit to Congress a report that describes, 

5 as of the date on which the report is submitted— 

6 ‘‘(1) a description of each demonstration project 

7 approved under this section; and 

8 ‘‘(2) an assessment of the effectiveness of the dem9 onstration projects.’’. 


tjames on DSK6SPTVN1PROD with 
Calendar No. 579 

112TH CONGRESS 

2D SESSION S. 1763 

[Report No. 112–265] 

A BILL 

To decrease the incidence of violent crimes against 

criminal behavior, and for other purposes. Indian women are held accountable for that perpetrators of violent crimes committed against mitted against Indian women, and to ensure that Indian tribes to respond to violent crimes comdian tribes to exercise the sovereign authority of Indian women, to strengthen the capacity of InDECEMBER 27, 2012 

Reported with an amendment 


tjames on DSK6SPTVN1PROD with