```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1763

 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, and Mr. Baucus) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 
 committed against Indian women are held accountable for that criminal 
                   behavior, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stand Against 
Violence and Empower Native Women Act'' or the ``SAVE Native Women 
Act''.
    (b) Table of Contents.--The table of contents for 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.

                        TITLE I--GRANT PROGRAMS

SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

    Section 2015(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
            (1) in paragraph (2), by inserting ``sex trafficking,'' 
        after ``sexual assault,'';
            (2) in paragraph (4), by inserting ``sex trafficking,'' 
        after ``sexual assault,'';
            (3) in paragraph (5), by inserting ``sexual assault, sex 
        trafficking,'' after ``dating violence,'';
            (4) in paragraph (7)--
                    (A) by inserting ``sex trafficking,'' after 
                ``sexual assault,'' each place it appears; and
                    (B) by striking ``and'' at the end;
            (5) in paragraph (8)--
                    (A) by inserting ``sex trafficking,'' after 
                ``stalking,''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (6) by adding at the end the following:
            ``(9) provide services to address the needs of youth who 
        are victims of domestic violence, dating violence, sexual 
        assault, sex trafficking, or stalking and the needs of children 
        exposed to domestic violence, dating violence, sexual assault, 
        sex trafficking, or stalking, including support for the 
        nonabusing parent or the caretaker of the child; and
            ``(10) develop and promote legislation and policies that 
        enhance best practices for responding to violent crimes against 
        Indian women, including the crimes of domestic violence, dating 
        violence, sexual assault, sex trafficking, and stalking.''.

SEC. 102. TRIBAL COALITION GRANTS.

    Section 2001 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award a grant to 
        each established tribal coalition for purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the Federal, State, and tribal levels;
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence, including sex trafficking; and
                    ``(D) assisting Indian tribes in developing and 
                promoting legislation and policies that enhance best 
                practices for responding to violent crimes against 
                Indian women, including the crimes of domestic 
                violence, dating violence, sexual assault, sex 
                trafficking, and stalking.
            ``(2) Grants.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Attorney General shall award grants on annual basis 
                under paragraph (1) to--
                            ``(i) each tribal coalition that--
                                    ``(I) meets the criteria of a 
                                tribal coalition under section 40002(a) 
                                of the Violence Against Women Act of 
                                1994 (42 U.S.C. 13925(a));
                                    ``(II) is recognized by the Office 
                                on Violence Against Women; and
                                    ``(III) provides services to Indian 
                                tribes; and
                            ``(ii) organizations that propose to 
                        incorporate and operate a tribal coalition in 
                        areas where Indian tribes are located but no 
                        tribal coalition exists.
                    ``(B) Restriction.--An organization described in 
                subparagraph (A)(ii) shall use a grant under this 
                subsection to support the planning and development of a 
                tribal coalition, subject to the condition that any 
                amounts provided to the organization under this 
                subsection that remain unobligated on September 30 of 
                each fiscal year for which amounts are made available 
                under paragraph (3) shall be redistributed in the 
                subsequent fiscal year by the Attorney General to 
                tribal coalitions described in subparagraph (A)(i).
            ``(3) Use of amounts.--For each of fiscal years 2013 
        through 2017, of the amounts appropriated to carry out this 
        subsection--
                    ``(A) 10 percent shall be made available to 
                organizations described in paragraph (2)(A)(ii); and
                    ``(B) 90 percent shall be made available to tribal 
                coalitions described in paragraph (2)(A)(i), which 
                amounts shall be distributed equally among each 
                eligible tribal coalition for the applicable fiscal 
                year.
            ``(4) Duration.--A grant under this subsection shall be 
        awarded for a period of 1 year.
            ``(5) Eligibility for other grants.--Receipt of an award 
        under this subsection by a tribal coalition shall not preclude 
        the tribal coalition from receiving additional grants under 
        this title to carry out the purposes described in paragraph 
        (1).
            ``(6) Multiple purpose applications.--Nothing in this 
        subsection prohibits any tribal coalition or organization 
        described in paragraph (2)(A) from applying for funding to 
        address sexual assault or domestic violence needs in the same 
        application.''.

SEC. 103. CONSULTATION.

    Section 903 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and the Violence Against Women 
                Act of 2000'' and inserting ``, the Violence Against 
                Women Act of 2000''; and
                    (B) by inserting ``, and the Stand Against Violence 
                and Empower Native Women Act'' before the period at the 
                end;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Secretary of the Department of Health 
                and Human Services and'' and inserting ``the Secretary 
                of Health and Human Services, the Secretary of the 
                Interior, and''; and
                    (B) in paragraph (2), by inserting ``sex 
                trafficking,'' after ``sexual assault,''; and
            (3) by adding at the end the following:
    ``(c) Notice.--Not later than 120 days before the date of a 
consultation under subsection (a), the Attorney General shall notify 
tribal leaders of the date, time, and location of the consultation.''.

SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST WOMEN.

    Section 904(a) of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``The National'' and inserting 
                ``Not later than 2 years after the date of enactment of 
                the Stand Against Violence and Empower Native Women 
                Act, the National''; and
                    (B) by inserting ``and in Native villages'' before 
                the period at the end;
            (2) in paragraph (2)(A)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) sex trafficking.'';
            (3) in paragraph (4), by striking ``this Act'' and 
        inserting ``the Stand Against Violence and Empower Native Women 
        Act''; and
            (4) in paragraph (5), by striking ``this section $1,000,000 
        for each of fiscal years 2007 and 2008'' and inserting ``this 
        subsection $1,000,000 for each of fiscal years 2012 and 2013''.

SEC. 105. DEFINITIONS.

    Section 40002(a) of the Violence Against Women Act of 1994 (42 
U.S.C. 13925(a)) is amended--
            (1) by redesignating paragraphs (18) through (22) and (23) 
        through (37) as paragraphs (19) through (23) and (25) through 
        (39), respectively;
            (2) by inserting after paragraph (17) the following:
            ``(18) Native village.--The term `Native village' has the 
        meaning given that term in section 3 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602).'';
            (3) in paragraph (22) (as redesignated by paragraph (1))--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) an area or community under the jurisdiction 
                of a federally recognized Indian tribe.'';
            (4) by inserting after paragraph (23) (as redesignated by 
        paragraph (1)) the following:
            ``(24) Sex trafficking.--The term `sex trafficking' means 
        any conduct proscribed by section 1591 of title 18, United 
        States Code, regardless of whether the conduct occurs in 
        interstate or foreign commerce or within the special maritime 
        and territorial jurisdiction of the United States.''; and
            (5) by striking paragraph (31) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(31) Tribal coalition.--The term `tribal coalition' means 
        an established nonprofit, nongovernmental Indian organization 
        established to provide services on a statewide, regional, or 
        customary territory basis that--
                    ``(A) provides education, support, and technical 
                assistance to Indian service providers in a manner that 
                enables the providers to establish and maintain 
                culturally appropriate services, including shelter and 
                rape crisis services, designed to assist Indian women 
                and the dependents of those women who are victims of 
                domestic violence, dating violence, sexual assault, and 
                stalking;
                    ``(B) is comprised of board and general members 
                that are representative of--
                            ``(i) the service providers described in 
                        subparagraph (A); and
                            ``(ii) the tribal communities in which the 
                        services are being provided;
                    ``(C) serves as an information clearinghouse and 
                resource center for Indian programs addressing domestic 
                violence and sexual assault;
                    ``(D) supports the development of legislation, 
                policies, protocols, procedures, and guidance to 
                enhance domestic violence and sexual assault 
                intervention and prevention efforts in Indian tribes 
                and communities to be served; and
                    ``(E) has expertise in the development of Indian 
                community-based, linguistically, and culturally 
                specific outreach and intervention services for the 
                Indian communities to be served.''.

          TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES

SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

    Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly 
known as the ``Indian Civil Rights Act of 1968'') is amended by adding 
at the end the following:

``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

    ``(a) Definitions.--In this section:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim, 
        as determined by the length of the relationship, the type of 
        relationship, and the frequency of interaction between the 
        persons involved in the relationship.
            ``(2) Domestic violence.--The term `domestic violence' 
        means violence committed by a current or former spouse 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, or by a person similarly situated 
        to a spouse of the victim under the domestic or family violence 
        laws of the Indian tribe that has jurisdiction over the Indian 
        country where the violence occurs.
            ``(3) Indian country.--The term `Indian country' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            ``(4) Participating tribe.--The term `participating tribe' 
        means an Indian tribe that elects to exercise special domestic 
        violence criminal jurisdiction over the Indian country of that 
        Indian tribe.
            ``(5) Protection order.--The term `protection order' means 
        any injunction, restraining order, or other order issued by a 
        civil or criminal court for the purpose of preventing violent 
        or threatening acts or harassment against, sexual violence 
        against, contact or communication with, or physical proximity 
        to, another person, including any temporary or final order 
        issued by a civil or criminal court, whether obtained by filing 
        an independent action or as a pendente lite order in another 
        proceeding, so long as the civil or criminal order was issued 
        in response to a complaint, petition, or motion filed by or on 
        behalf of a person seeking protection.
            ``(6) Special domestic violence criminal jurisdiction.--The 
        term `special domestic violence criminal jurisdiction' means 
        the criminal jurisdiction that a participating tribe may 
        exercise under this section but could not otherwise exercise.
            ``(7) Spouse or intimate partner.--The term `spouse or 
        intimate partner' has the meaning given the term in section 
        2266 of title 18, United States Code.
    ``(b) Nature of the Criminal Jurisdiction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in addition to all powers of self-government recognized 
        and affirmed by this Act, the powers of self-government of a 
        participating tribe include the inherent power of that tribe, 
        which is hereby recognized and affirmed, to exercise special 
        domestic violence criminal jurisdiction over all persons.
            ``(2) Concurrent jurisdiction.--A participating tribe shall 
        exercise special domestic violence criminal jurisdiction 
        concurrently, not exclusively.
            ``(3) Applicability.--Nothing in this section--
                    ``(A) creates or eliminates any Federal or State 
                criminal jurisdiction over Indian country; or
                    ``(B) affects the authority of the United States, 
                or any State government that has been delegated 
                authority by the United States, to investigate and 
                prosecute a criminal violation in Indian country.
    ``(c) Criminal Conduct.--A participating tribe may exercise special 
domestic violence criminal jurisdiction over a defendant for criminal 
conduct that falls into 1 or more of the following categories:
            ``(1) Domestic violence and dating violence.--An act of 
        domestic violence or dating violence that occurs in the Indian 
        country of the participating tribe.
            ``(2) Violations of protection orders.--An act that--
                    ``(A) occurs in the Indian country of the 
                participating tribe; and
                    ``(B) violates the portion of a protection order 
                that--
                            ``(i) prohibits or provides protection 
                        against violent or threatening acts or 
                        harassment against, sexual violence against, 
                        contact or communication with, or physical 
                        proximity to, another person; and
                            ``(ii)(I) was issued against the defendant;
                            ``(II) is enforceable by the participating 
                        tribe; and
                            ``(III) is consistent with section 2265(b) 
                        of title 18, United States Code.
    ``(d) Dismissal of Certain Cases.--
            ``(1) Definition of victim.--In this subsection and with 
        respect to a criminal proceeding in which a participating tribe 
        exercises special domestic violence criminal jurisdiction based 
        on a criminal violation of a protection order, the term 
        `victim' means a person specifically protected by a protection 
        order that the defendant allegedly violated.
            ``(2) Non-indian victims and defendants.--In a criminal 
        proceeding in which a participating tribe exercises special 
        domestic violence criminal jurisdiction, the case shall be 
        dismissed if--
                    ``(A) the defendant files a pretrial motion to 
                dismiss on the grounds that the alleged offense did not 
                involve an Indian; and
                    ``(B) the participating tribe fails to prove that 
                the defendant or an alleged victim is an Indian.
            ``(3) Ties to indian tribe.--In a criminal proceeding in 
        which a participating tribe exercises special domestic violence 
        criminal jurisdiction, the case shall be dismissed if--
                    ``(A) the defendant files a pretrial motion to 
                dismiss on the grounds that the defendant and the 
                alleged victim lack sufficient ties to the Indian 
                tribe; and
                    ``(B) the prosecuting tribe fails to prove that the 
                defendant or an alleged victim--
                            ``(i) resides in the Indian country of the 
                        participating tribe;
                            ``(ii) is employed in the Indian country of 
                        the participating tribe; or
                            ``(iii) is a spouse or intimate partner of 
                        a member of the participating tribe.
            ``(4) Waiver.--A knowing and voluntary failure of a 
        defendant to file a pretrial motion described in paragraph (2) 
        or (3) shall be considered a waiver of the right to seek a 
        dismissal under this subsection.
    ``(e) Rights of Defendants.--In a criminal proceeding in which a 
participating tribe exercises special domestic violence criminal 
jurisdiction, the participating tribe shall provide to the defendant--
            ``(1) all applicable rights under this Act;
            ``(2) if a term of imprisonment of any length is imposed, 
        all rights described in section 202(c); and
            ``(3) all other rights whose protection is necessary under 
        the Constitution of the United States in order for Congress to 
        recognize and affirm the inherent power of the participating 
        tribe to exercise criminal jurisdiction over the defendant.
    ``(f) Petitions To Stay Detention.--
            ``(1) In general.--A person who has filed a petition for a 
        writ of habeas corpus in a court of the United States under 
        section 203 may petition that court to stay further detention 
        of that person by the participating tribe.
            ``(2) Grant of stay.--A court shall grant a stay described 
        in paragraph (1) if the court--
                    ``(A) finds that there is a substantial likelihood 
                that the habeas corpus petition will be granted; and
                    ``(B) after giving each alleged victim in the 
                matter an opportunity to be heard, finds, by clear and 
                convincing evidence that, under conditions imposed by 
                the court, the petitioner is not likely to flee or pose 
                a danger to any person or the community if released.
    ``(g) Grants to Tribal Governments.--The Attorney General may award 
grants to the governments of Indian tribes (or to authorized designees 
of those governments)--
            ``(1) to strengthen tribal criminal justice systems to 
        assist Indian tribes in exercising special domestic violence 
        criminal jurisdiction, including--
                    ``(A) law enforcement (including the capacity to 
                enter information into and obtain information from 
                national crime information databases);
                    ``(B) prosecution;
                    ``(C) trial and appellate courts;
                    ``(D) probation systems;
                    ``(E) detention and correctional facilities;
                    ``(F) alternative rehabilitation centers;
                    ``(G) culturally appropriate services and 
                assistance for victims and their families; and
                    ``(H) criminal codes and rules of criminal 
                procedure, appellate procedure, and evidence;
            ``(2) to provide indigent criminal defendants with the 
        effective assistance of licensed defense counsel, at no cost to 
        the defendant, in criminal proceedings in which a participating 
        tribe prosecutes a crime of domestic violence or dating 
        violence or a criminal violation of a protection order;
            ``(3) to ensure that, in criminal proceedings in which a 
        participating tribe exercises special domestic violence 
        criminal jurisdiction, jurors are summoned, selected, and 
        instructed in a manner consistent with all applicable 
        requirements; and
            ``(4) to accord victims of domestic violence, dating 
        violence, and violations of protection orders rights that are 
        similar to the rights of a crime victim described in section 
        3771(a) of title 18, United States Code, consistent with tribal 
        law and custom.
    ``(h) Supplement, Not Supplant.--Amounts made available under this 
section shall supplement and not supplant any other Federal, State, 
tribal, or local government amounts made available to carry out 
activities described in this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (g) and to provide training, 
technical assistance, data collection, and evaluation of the criminal 
justice systems of participating tribes such sums as are necessary.''.

SEC. 202. TRIBAL PROTECTION ORDERS.

    Section 2265 of title 18, United States Code, is amended by 
striking subsection (e) and inserting the following:
    ``(e) Tribal Court Jurisdiction.--For purposes of this section, a 
court of an Indian tribe shall have full civil jurisdiction to issue 
and enforce protection orders involving any person, including the 
authority to enforce any orders through civil contempt proceedings, the 
exclusion of violators from Indian land, and other appropriate 
mechanisms, in matters arising anywhere in the Indian country of the 
Indian tribe (as defined in section 1151) or otherwise within the 
authority of the Indian tribe.''.

SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

    (a) Assaults by Striking, Beating, or Wounding.--Section 113(a)(4) 
of title 18, United States Code, is amended by striking ``six months'' 
and inserting ``1 year''.
    (b) Assaults Resulting in Substantial Bodily Injury.--Section 
113(a)(7) of title 18, United States Code, is amended by striking 
``substantial bodily injury to an individual who has not attained the 
age of 16 years'' and inserting ``substantial bodily injury to a spouse 
or intimate partner, a dating partner, or an individual who has not 
attained the age of 16 years''.
    (c) Assaults by Strangling or Suffocating.--Section 113(a) of title 
18, United States Code, is amended by adding at the end the following:
            ``(8) Assault of a spouse, intimate partner, or dating 
        partner by strangling, suffocating, or attempting to strangle 
        or suffocate, by a fine under this title, imprisonment for not 
        more than 10 years, or both.''.
    (d) Definitions.--Section 113(b) of title 18, United States Code, 
is amended--
            (1) by striking ``(b) As used in this subsection--'' and 
        inserting the following:
    ``(b) Definitions.--In this section--'';
            (2) in paragraph (1)(B), by striking ``and'' at the end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) the terms `dating partner' and `spouse or intimate 
        partner' have the meanings given those terms in section 2266;
            ``(4) the term `strangling' means intentionally, knowingly, 
        or recklessly impeding the normal breathing or circulation of 
        the blood of a person by applying pressure to the throat or 
        neck, regardless of whether that conduct results in any visible 
        injury or whether there is any intent to kill or protractedly 
        injure the victim; and
            ``(5) the term `suffocating' means intentionally, 
        knowingly, or recklessly impeding the normal breathing of a 
        person by covering the mouth of the person, the nose of the 
        person, or both, regardless of whether that conduct results in 
        any visible injury or whether there is any intent to kill or 
        protractedly injure the victim.''.
    (e) Indian Major Crimes.--Section 1153(a) of title 18, United 
States Code, is amended by striking ``assault with intent to commit 
murder, assault with a dangerous weapon, assault resulting in serious 
bodily injury (as defined in section 1365 of this title)'' and 
inserting ``a felony assault under section 113''.

SEC. 204. EFFECTIVE DATES; PILOT PROJECT.

    (a) General Effective Date.--Except as provided in subsection (b), 
the amendments made by this title shall take effect on the date of 
enactment of this Act.
    (b) Effective Date for Special Domestic-Violence Criminal 
Jurisdiction.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (b) through (e) of section 204 of Public Law 90-284 
        (as added by section 201) shall take effect on the date that is 
        2 years after the date of enactment of this Act.
            (2) Pilot project.--
                    (A) In general.--At any time during the 2-year 
                period beginning on the date of enactment of this Act, 
                an Indian tribe may ask the Attorney General to 
                designate the tribe as a participating tribe under 
                section 204(a) of Public Law 90-284 on an accelerated 
                basis.
                    (B) Procedure.--The Attorney General (or a designee 
                of the Attorney General) may grant a request under 
                subparagraph (A) after coordinating with the Secretary 
                of the Interior (or a designee of the Secretary), 
                consulting with affected Indian tribes, and concluding 
                that the criminal justice system of the requesting 
                tribe has adequate safeguards in place to protect 
                defendants' rights, consistent with section 204 of 
                Public Law 90-284.
                    (C) Effective dates for pilot projects.--An Indian 
                tribe designated as a participating tribe under this 
                paragraph may commence exercising special domestic 
                violence criminal jurisdiction pursuant to subsections 
                (b) through (e) of section 204 of Public Law 90-284 on 
                a date established by the Attorney General, after 
                consultation with that Indian tribe, but in no event 
                later than the date that is 2 years after the date of 
                enactment of this Act.

SEC. 205. OTHER AMENDMENTS.

    (a) Assaults.--Section 113(a) of title 18, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Assault with intent to commit murder or a felony 
        under chapter 109A, by a fine under this title, imprisonment 
        for not more than 20 years, or both.'';
            (2) in paragraph (3) by striking ``and without just cause 
        or excuse,''; and
            (3) in paragraph (7), by striking ``fine'' and inserting 
        ``a fine''.
    (b) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United 
States Code, is amended by inserting ``or tribal'' after ``State''.

               TITLE III--INDIAN LAW AND ORDER COMMISSION

SEC. 301. INDIAN LAW AND ORDER COMMISSION.

    Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2812(f)) is amended by striking ``2 years'' and inserting ``3 years''.
                                 <all>
```