I 112th CONGRESS 2d Session H. R. 4154 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.

1.

Short title

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

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. .

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. .

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. .

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:

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..

.

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. .

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.

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.

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.

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.

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.

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.