[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4154 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4154

 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 HOUSE OF REPRESENTATIVES

                             March 7, 2012

  Mr. Boren (for himself, Mr. Cole, Ms. McCollum, Mr. Inslee, and Mr. 
   Kildee) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Natural 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Stand Against Violence and Empower 
Native Women Act'', or the ``SAVE Native Women Act''.

SEC. 2. 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 striking ``and stalking'' and all 
        that follows and inserting ``sexual assault, sex trafficking, 
        and stalking;'';
            (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 youth 
        and children exposed to domestic violence, dating violence, 
        sexual assault, or stalking, including support for the 
        nonabusing parent or the caretaker of the youth or 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. 3. GRANTS TO INDIAN TRIBAL COALITIONS.

    Section 2001(d) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended to read as 
follows:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award a grant to 
        tribal coalitions 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 State, local, and tribal 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.--The Attorney General shall award grants on 
        an annual basis under paragraph (1) to--
                    ``(A) 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;
                            ``(iii) provides services to Indian tribes; 
                        and
                            ``(iv) meets any additional criteria the 
                        Attorney General may require; and
                    ``(B) organizations that propose to incorporate and 
                operate a tribal coalition in areas where Indian tribes 
                are located but no tribal coalition exists.
            ``(3) Use of amounts.--For each of fiscal years 2013 
        through 2017, of the amounts appropriated to carry out this 
        subsection--
                    ``(A) not more than 10 percent shall be made 
                available to organizations described in paragraph 
                (2)(B), provided that 1 or more organizations 
                determined by the Attorney General to be qualified 
                apply; and
                    ``(B) not less than 90 percent shall be made 
                available to tribal coalitions described in paragraph 
                (2)(A), which amounts shall be distributed equally 
                among each eligible tribal coalition for the applicable 
                fiscal year.
            ``(4) 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).
            ``(5) Multiple purpose applications.--Nothing in this 
        subsection prohibits any tribal coalition or organization 
        described in paragraph (2) from applying for funding to address 
        sexual assault or domestic violence needs in the same 
        application.''.

SEC. 4. 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 ``Secretary of the Department of Health and 
                Human Services'' and inserting ``Secretary of Health 
                and Human Services, the Secretary of the Interior,''; 
                and
                    (B) in paragraph (2), by striking ``and stalking'' 
                and inserting ``stalking, and sex trafficking''; and
            (3) by adding at the end the following:
    ``(c) Annual Report.--The Attorney General shall submit to Congress 
an annual report on the annual consultations required under subsection 
(a) that--
            ``(1) contains the recommendations made under subsection 
        (b) by Indian tribes during the year covered by the report;
            ``(2) describes actions taken during the year covered by 
        the report to respond to recommendations made under subsection 
        (b) during the year or a previous year; and
            ``(3) describes how the Attorney General will work in 
        coordination and collaboration with Indian tribes, the 
        Secretary of Health and Human Services, and the Secretary of 
        the Interior to address the recommendations made under 
        subsection (b).
    ``(d) 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. 5. 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 or 
        intimate partner 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 intimate partner, or by a person similarly situated 
        to a spouse of the victim under the domestic- or family- 
        violence laws of an 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'--
                    ``(A) 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; and
                    ``(B) includes any temporary or final order issued 
                by a civil or criminal court, whether obtained by 
                filing an independent action or as a pendent lite order 
                in another proceeding, if 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 sections 201 and 203, 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.--The exercise of special 
        domestic violence criminal jurisdiction by a participating 
        tribe shall be concurrent with the jurisdiction of the United 
        States, of a State, or of both.
            ``(3) Applicability.--Nothing in this section--
                    ``(A) creates or eliminates any Federal or State 
                criminal jurisdiction over Indian country;
                    ``(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) shall apply to an Indian tribe in the State 
                of Alaska, except with respect to the Metlakatla Indian 
                Community, Annette Islands Reserve; or
                    ``(D) shall limit, alter, expand, or diminish the 
                civil or criminal jurisdiction of the State of Alaska 
                or any subdivision of the State of Alaska.
    ``(c) Criminal Conduct.--A participating tribe may exercise special 
domestic violence criminal jurisdiction over a defendant for criminal 
conduct that falls into one 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;
                            ``(ii) was issued against the defendant;
                            ``(iii) is enforceable by the participating 
                        tribe; and
                            ``(iv) 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 special domestic violence 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 of 
                law enforcement or court personnel 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 $5,000,000 for each of fiscal years 2013 through 2017 to 
carry out subsection (g) and to provide training, technical assistance, 
data collection, and evaluation of the criminal justice systems of 
participating tribes..''.

SEC. 6. 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.--
            ``(1) In general.--Except as provided in paragraph (2), 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, to exclude violators 
        from Indian land, and to use 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.
            ``(2) Applicability.--Paragraph (1)--
                    ``(A) shall not apply to an Indian tribe in the 
                State of Alaska, except with respect to the Metlakatla 
                Indian Community, Annette Islands Reserve; and
                    ``(B) shall not limit, alter, expand, or diminish 
                the civil or criminal jurisdiction of the State of 
                Alaska or any subdivision of the State of Alaska.''.

SEC. 7. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

    (a) In General.--Section 113 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Assault with intent to commit murder or a violation 
        of section 2241 or 2242, by a fine under this title, 
        imprisonment for not more than 20 years, or both.'';
                    (B) in paragraph (2), by striking ``felony under 
                chapter 109A'' and inserting ``violation of section 
                2241 or 2242'';
                    (C) in paragraph (3) by striking ``and without just 
                cause or excuse,'';
                    (D) in paragraph (4), by striking ``six months'' 
                and inserting ``1 year'';
                    (E) in paragraph (7)--
                            (i) 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''; and
                            (ii) by striking ``fine'' and inserting ``a 
                        fine''; and
                    (F) 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.''; and
            (2) in subsection (b)--
                    (A) by striking ``(b) As used in this subsection--
                '' and inserting the following:
    ``(b) Definitions.--In this section--'';
                    (B) in paragraph (1)(B), by striking ``and'' at the 
                end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting a semicolon; and
                    (D) 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.''.
    (b) 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''.
    (c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United 
States Code, is amended by inserting ``or tribal'' after ``State''.

SEC. 8. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.

    (a) In General.--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 (as 
                defined in section 3 of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1602)), and Native Hawaiian 
                women'' 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 2013 and 2014''.
    (b) Authorization of Appropriations.--Section 905(b)(2) of the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (28 U.S.C. 534 note) is amended by striking ``fiscal years 2007 
through 2011'' and inserting ``fiscal years 2013 through 2017''.

SEC. 9. 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''.

SEC. 10. REPORT ON ALASKA RURAL JUSTICE AND LAW ENFORCEMENT COMMISSION.

    The Attorney General, after consultation with the Attorney General 
of the State of Alaska, the Commissioner of Public Safety of the State 
of Alaska, the Alaska Federation of Natives, and federally recognized 
Indian tribes in the State of Alaska, shall report to Congress not 
later than one year after enactment of this Act with respect to whether 
the Alaska Rural Justice and Law Enforcement Commission established 
under section 112(a)(1) of the Consolidated Appropriations Act, 2004 
should be continued and whether appropriations should be authorized for 
the continued work of the commission. The report may contain 
recommendations for legislation with respect to the scope of the work 
and composition of the commission.

SEC. 11. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF 
              PROTECTION ORDERS.

    (a) In General.--Part U of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
            (1) in section 2101 (42 U.S.C. 3796hh)--
                    (A) in subsection (b)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``States,'' and all that follows 
                        through ``units of local government'' and 
                        inserting ``grantees'';
                            (ii) in paragraph (1), by inserting ``and 
                        enforcement of protection orders across State 
                        and tribal lines'' before the period;
                            (iii) in paragraph (2), by striking ``and 
                        training in police departments to improve 
                        tracking of cases'' and inserting ``data 
                        collection systems, and training in police 
                        departments to improve tracking of cases and 
                        classification of complaints'';
                            (iv) in paragraph (4), by inserting ``and 
                        provide the appropriate training and education 
                        about domestic violence, dating violence, 
                        sexual assault, and stalking'' after ``computer 
                        tracking systems'';
                            (v) in paragraph (5), by inserting ``and 
                        other victim services'' after ``legal advocacy 
                        service programs'';
                            (vi) in paragraph (6), by striking 
                        ``judges'' and inserting ``Federal, State, 
                        tribal, territorial, and local judges, courts, 
                        and court-based and court-related personnel'';
                            (vii) in paragraph (8), by striking ``and 
                        sexual assault'' and inserting ``dating 
                        violence, sexual assault, and stalking'';
                            (viii) in paragraph (10), by striking 
                        ``non-profit, non-governmental victim services 
                        organizations,'' and inserting ``victim service 
                        providers, staff from population specific 
                        organizations,''; and
                            (ix) by adding at the end the following:
            ``(14) To develop and implement training programs for 
        prosecutors and other prosecution-related personnel regarding 
        best practices to ensure offender accountability, victim 
        safety, and victim consultation in cases involving domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(15) To develop or strengthen policies, protocols, and 
        training for law enforcement, prosecutors, and the judiciary in 
        recognizing, investigating, and prosecuting instances of 
        domestic violence, dating violence, sexual assault, and 
        stalking against immigrant victims, including the appropriate 
        use of applications for nonimmigrant status under subparagraphs 
        (T) and (U) of section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)).
            ``(16) To develop and promote State, local, or tribal 
        legislation and policies that enhance best practices for 
        responding to the crimes of domestic violence, dating violence, 
        sexual assault, and stalking, including the appropriate 
        treatment of victims.
            ``(17) To develop, implement, or enhance sexual assault 
        nurse examiner programs or sexual assault forensic examiner 
        programs, including the hiring and training of such examiners.
            ``(18) To develop, implement, or enhance Sexual Assault 
        Response Teams or similar coordinated community responses to 
        sexual assault.
            ``(19) To develop and strengthen policies, protocols, and 
        training for law enforcement officers and prosecutors regarding 
        the investigation and prosecution of sexual assault cases and 
        the appropriate treatment of victims.
            ``(20) To provide human immunodeficiency virus testing 
        programs, counseling, and prophylaxis for victims of sexual 
        assault.
            ``(21) To identify and inventory backlogs of sexual assault 
        evidence collection kits and to develop protocols for 
        responding to and addressing such backlogs, including policies 
        and protocols for notifying and involving victims.
            ``(22) To develop multidisciplinary high-risk teams 
        focusing on reducing domestic violence and dating violence 
        homicides by--
                    ``(A) using evidence-based indicators to assess the 
                risk of homicide and link high-risk victims to 
                immediate crisis intervention services;
                    ``(B) identifying and managing high-risk offenders; 
                and
                    ``(C) providing ongoing victim advocacy and 
                referrals to comprehensive services including legal, 
                housing, health care, and economic assistance.'';
                    (B) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting ``except 
                                for a court,'' before ``certify''; and
                                    (II) by redesignating subparagraphs 
                                (A) and (B) as clauses (i) and (ii), 
                                and adjusting the margin accordingly;
                            (ii) in paragraph (2), by inserting 
                        ``except for a court,'' before ``demonstrate'';
                            (iii) in paragraph (3)--
                                    (I) by striking ``spouses'' each 
                                place it appears and inserting 
                                ``parties''; and
                                    (II) by striking ``spouse'' and 
                                inserting ``party'';
                            (iv) in paragraph (4)--
                                    (I) by inserting ``, dating 
                                violence, sexual assault, or stalking'' 
                                after ``felony domestic violence'';
                                    (II) by inserting ``modification, 
                                enforcement, dismissal, withdrawal,'' 
                                after ``registration,'' each place it 
                                appears;
                                    (III) by inserting ``dating 
                                violence,'' after ``victim of domestic 
                                violence,''; and
                                    (IV) by striking ``and'' at the 
                                end;
                            (v) in paragraph (5)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``, not 
                                later than 3 years after January 5, 
                                2006'';
                                    (II) by inserting ``, trial of, or 
                                sentencing for'' after ``investigation 
                                of'' each place it appears;
                                    (III) by redesignating 
                                subparagraphs (A) and (B) as clauses 
                                (i) and (ii), and adjusting the margin 
                                accordingly;
                                    (IV) in clause (ii), as 
                                redesignated by subclause (III) of this 
                                clause, by striking ``subparagraph 
                                (A)'' and inserting ``clause (i)''; and
                                    (V) by striking the period at the 
                                end and inserting ``; and'';
                            (vi) by redesignating paragraphs (1) 
                        through (5), as amended by this subparagraph, 
                        as subparagraphs (A) through (E), respectively;
                            (vii) in the matter preceding subparagraph 
                        (A), as redesignated by clause (v) of this 
                        subparagraph--
                                    (I) by striking the comma that 
                                immediately follows another comma; and
                                    (II) by striking ``grantees are 
                                States'' and inserting the following: 
                                ``grantees are--
            ``(1) States''; and
                            (viii) by adding at the end the following:
            ``(2) a State, tribal, or territorial domestic violence or 
        sexual assault coalition or a victim service provider that 
        partners with a State, Indian tribal government, or unit of 
        local government that certifies that the State, Indian tribal 
        government, or unit of local government meets the requirements 
        under paragraph (1).'';
                    (C) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting ``, 
                                policy,'' after ``law''; and
                                    (II) in subparagraph (A), by 
                                inserting ``and the defendant is in 
                                custody or has been served with the 
                                information or indictment'' before the 
                                semicolon; and
                            (ii) in paragraph (2), by striking ``it'' 
                        and inserting ``its''; and
                    (D) by adding at the end the following:
    ``(f) Allocation for Tribal Coalitions.--Of the amounts 
appropriated for purposes of this part for each fiscal year, not less 
than 5 percent shall be available for grants under section 2001(d) (42 
U.S.C. 3796gg(d)).
    ``(g) Allocation for Sexual Assault.--Of the amounts appropriated 
for purposes of this part for each fiscal year, not less than 25 
percent shall be available for projects that address sexual assault, 
including stranger rape, acquaintance rape, alcohol or drug-facilitated 
rape, and rape within the context of an intimate partner 
relationship.''; and
            (2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
                    (A) in paragraph (1), by inserting ``court,'' after 
                ``tribal government,''; and
                    (B) in paragraph (4), by striking ``nonprofit, 
                private sexual assault and domestic violence programs'' 
                and inserting ``victim service providers and, as 
                appropriate, population specific organizations''.
    (b) Authorization of Appropriations.--Section 1001(a)(19) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(19)) is amended--
            (1) by striking ``$75,000,000'' and all that follows 
        through ``2011.'' and inserting ``$73,000,000 for each of 
        fiscal years 2013 through 2017.''; and
            (2) by striking the period that immediately follows another 
        period.

SEC. 12. EFFECTIVE DATES; PILOT PROJECT.

    (a) General Effective Date.--Except as provided in subsections (b) 
and (c), the amendments made by this Act 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 5) 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 may grant a 
                request under subparagraph (A) after coordinating with 
                the Secretary of the Interior, 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.
    (c) Effective Date for Grant Program Amendments.--The provisions of 
sections 2, 3, and 11 of this Act shall not take effect until the 
beginning of the first fiscal year beginning after the date of 
enactment of this Act.
                                 <all>