[Congressional Record Volume 157, Number 164 (Monday, October 31, 2011)]
[Senate]
[Pages S6919-S6923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By 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.
  S. 1763. 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; to the Committee on 
Indian Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Stand Against 
Violence and Empower Native Women--SAVE Native Women--Act. I would like 
to thank the cosponsors of my bill, my good friends Senators Inouye, 
Murray, Udall of New Mexico, Begich, Franken, Johnson of South Dakota, 
Baucus, Tester, and Bingaman.
  Native women across the country suffer from severe threats to their 
safety. According to a safety study by the Department of Justice, two 
in five girls and women in Native communities will suffer domestic 
violence and one in three will be sexually assaulted in their lifetime. 
Can you imagine looking through the loving eyes of your daughter, 
sister, or mother and knowing one of them will probably be abused in 
her lifetime? This is a terrible reality of life for Native women and 
their families across the country. It is an epidemic, it is 
unacceptable, and we must stand against it. This is why I am 
introducing the SAVE Native Women Act.
  Most of those who commit these terrible crimes against Native women 
are not Native themselves. Yet, currently, tribes have no ability to 
prosecute non-Natives for domestic violence and sexual assault in their 
own communities. This has resulted in a sense of lawlessness and leaves 
Native women with few places to turn. My bill strengthens tribal 
jurisdiction over domestic violence and sexual assault so that all 
offenders, Native and non-Native, can be brought to justice.
  My bill strengthens existing programs that support Native victims of 
domestic violence and sexual assault. In many communities, these 
programs offer the only safety and support available for Native women. 
Yet these programs are greatly strained. This bill provides programs 
with more flexibility and tools to address their most critical needs.
  Finally, my bill addresses the disturbing trend of sex trafficking in 
many Native communities. I have included provisions that improve data 
gathering and strengthen programs that better understand and respond to 
sex trafficking of Native women.
  I have worked closely with tribes, tribal organizations, and Federal 
agencies to develop this bill. We should not let the next generation of 
young Native

[[Page S6920]]

women grow up, as their mothers have, in unbearable situations that 
threaten their security, stability, and even their lives. I urge you to 
join me and my cosponsors and stand against violence and support 
passage of the SAVE Native Women Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1763

       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,

[[Page S6921]]

     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 into1 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

[[Page S6922]]

     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''.
      By Mrs. HAGAN:
  S. 1765. A bill to amend the Public Health Service Act to provide 
grants to strengthen the healthcare system's response to domestic 
violence, dating violence, sexual assault, and stalking; to the 
Committee on Health, Education, Labor, and Pensions.
  Mrs. HAGAN. Mr. President, today I am proud to introduce the Violence 
Against Women Health Initiative. October is Domestic Violence Awareness 
month, and this bill will raise awareness of domestic violence among 
health care providers and allow them to better assess and treat 
survivors of domestic violence.
  The rates of violence and abuse in this country are astounding. 
Nearly one in four women in the U.S. has reported experiencing domestic 
violence at some point in her life. In 2007, there were 248,300 
reported incidents of sexual assault in the U.S. Young women experience 
the highest rates of sexual assault and stalking. Sadly, 15.5 million 
children in the U.S. live in families in which partner violence has 
occurred in the past year, and 7 million children live in families in 
which severe partner violence has occurred.
  Domestic violence has a significant impact on our country's health. 
According to the Centers for Disease Control and Prevention, CDC, 
intimate partner violence costs the health care system over $8.3 
billion annually.
  In addition to injuries sustained during violent episodes, survivors 
suffer lifelong health complications. Research published in the journal 
of Women's Health in 2007 found that women who are victimized by 
violence have 17 percent more primary care doctor visits, 14 percent 
more specialist visits, and 27 percent more prescription refills than 
non-abused women.
  Physical and psychological abuse are linked to a number of adverse 
physical health effects. A study released in 2010 that compared victims 
with never-abused women found abuse victims had an approximately six-
fold increase in clinically-identified substance abuse, a more than 
three-fold increase in depression diagnoses, a three-fold increase in 
sexually transmitted diseases, and a two-fold increase in lacerations.
  But it is not just the spouse who suffers these lifelong 
consequences. It is their children, too. Children who witness domestic 
violence are more likely to exhibit behavioral and physical health 
problems, including depression, anxiety, and violence towards peers. 
They are also more likely to attempt suicide, abuse drugs and alcohol, 
run away from home, engage in teenage prostitution, and commit sexual 
assault crimes. Fifty percent of men who frequently assault their wives 
also frequently assault their children, and the U.S. Advisory Board on 
Child Abuse and Neglect suggests that domestic violence may be the 
single major precursor to child abuse and neglect fatalities in this 
country.
  Without question, we must tackle the underlying causes of domestic 
violence and abuse in this country. At the same time, we must 
strengthen our health care response to this abuse.
  Despite the commitment of health care providers to help domestic 
violence victims, a critical gap remains in the delivery of health care 
to victims. Health care providers often only address immediate 
injuries, without tackling the underlying cause of those injuries. For 
example, each year, about 324,000 pregnant women in this country are 
battered by their intimate partners. However, few physicians screen 
pregnant patients for abuse. This highlights the need to ensure that 
health care providers have the necessary training and support in order 
to assess, refer, and support victims of domestic and sexual violence.

[[Page S6923]]

  Victims know and trust their health care providers. Almost 3/4 of 
survivors say that they would like their health care providers to ask 
them about violence and abuse.
  Multiple clinical studies have shown that short interventions in the 
medical environment protect the health and safety of women. These 
interventions are short between 2 and 10 minutes, and effective. In 
repeated clinical trials, violence decreased and health status improved 
following simple assessment and referral protocols. Integrating these 
effective protocols into our health care system will save lives.
  This is why routine assessments for intimate partner violence have 
been recommended for health care settings by the American Medical 
Association, American Psychological Association, American Nurses 
Association, American College of Obstetricians and Gynecologists, 
American Academy of Pediatrics, and the Joint Commission on the 
Accreditation of Health Care Organizations.
  Since its passage in 1994, the Violence Against Women Act, VAWA, has 
transformed our criminal justice system and social service system, 
helping to prevent and respond to domestic violence. The last 
reauthorization of VAWA, set to expire this year, included a new title 
authorizing three programs that support the health system's efforts to 
help victims, preventing further abuse and improving the health status 
of women. The bill I am introducing today will continue those important 
efforts.
  This bill would consolidate the three existing health programs into 
one program, while increasing evaluation and accountability. 
Specifically, this bill would foster public health responses to 
intimate partner violence and sexual violence; provide training and 
education of health professionals to respond to violence and abuse; and 
support research on effective public health approaches to end violence 
against women.
  I urge my colleagues to join us in supporting this important bill.
                                 ______
                                 
      By Mr. BEGICH (for himself, Mr. Casey, Mr. Graham, Mr. Grassley, 
        Ms. Klobuchar, Mr. Leahy, Ms. Murkowski, Mr. Pryor, Ms. Snowe 
        and Mr. Tester):
  S. 1768. A bill to amend title 10, United States Code, to authorize 
space-available travel on military aircraft for members of the reserve 
components, a member or former member of a reserve component who is 
eligible for retired pay but for age, widows and widowers of retired 
members, and dependents; to the Committee on Armed Services.
  Mr. BEGICH. Mr. President, today I am pleased to introduce an amended 
version of S. 542, the National Guard, Reserve, ``Gray Area'' Retiree, 
and Surviving Spouse Space-available Travel Equity Act.
  The original legislation, S. 542, has been modified slightly. The 
modification will ensure the Department of Defense retains the 
authority to issue regulations to implement the bill.
  The underlying intent of the legislation has not changed. The bill 
will provide reserve component members and retired reserve component 
members the ability to travel overseas and travel with their dependents 
when there is space-available on a military aircraft. Additionally, the 
bill will ensure surviving spouses of retired members or members killed 
in the line of duty to retain space-available travel privileges after 
the death of their loved one.
  Members and retirees of the National Guard and Reserve, their 
families, and surviving military spouses make great sacrifices for our 
Nation. However, too often these individuals do not receive the 
benefits they have earned for their service.
  I urge my colleagues to join me in giving parity to our reserve 
component members, reserve component retirees and surviving military 
spouses. The no-cost legislation is endorsed by the National Guard 
Association of the United States.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1768

       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 ``National Guard, Reserve, 
     `Gray Area' Retiree, and Surviving Spouses Space-available 
     Travel Equity Act of 2011''.

     SEC. 2. ELIGIBILITY OF RESERVE MEMBERS, GRAY-AREA RETIREES, 
                   WIDOWS AND WIDOWERS OF RETIRED MEMBERS, AND 
                   DEPENDENTS FOR SPACE-AVAILABLE TRAVEL ON 
                   MILITARY AIRCRAFT.

       (a) Eligibility.--
       (1) In general.--Chapter 157 of title 10, United States 
     Code, is amended by inserting after section 2641b the 
     following new section:

     ``Sec. 2641c. Space-available travel on Department of Defense 
       aircraft: reserve members, reserve members eligible for 
       retired pay but for age; widows and widowers of retired 
       members; and dependents

       ``(a) Reserve Members.--A member of a reserve component 
     holding a valid Uniformed Services Identification and 
     Privilege Card shall be provided transportation on Department 
     of Defense aircraft, on a space-available basis.
       ``(b) Reserve Retirees Under Applicable Eligibility Age.--A 
     member or former member of a reserve component who, but for 
     being under the eligibility age applicable to the member 
     under section 12731 of this title, otherwise would be 
     eligible for retired pay under chapter 1223 of this title 
     shall be provided transportation on Department of Defense 
     aircraft, on a space-available basis.
       ``(c) Widows and Widowers of Retired Members.--
       ``(1) In general.--An unremarried widow or widower of a 
     member of the armed forces described in paragraph (2) shall 
     be provided transportation on Department of Defense aircraft, 
     on a space-available basis.
       ``(2) Members covered.--A member of the armed forces 
     referred to in paragraph (1) is a member who--
       ``(A) is entitled to retired pay;
       ``(B) is described in subsection (b);
       ``(C) dies in the line of duty while on active duty and is 
     not eligible for retired pay; or
       ``(D) in the case of a member of a reserve component, dies 
     as a result of a line of duty condition and is not eligible 
     for retired pay.
       ``(d) Dependents.--A dependent of a member or former member 
     described in subsection (a) or (b) or of an unremarried widow 
     or widower described in subsection (c) holding a valid 
     Uniformed Services Identification and Privilege Card shall be 
     provided transportation on Department of Defense aircraft, on 
     a space-available basis, if the dependent is accompanying the 
     member.
       ``(e) Scope.--Space-available travel required by this 
     section includes travel to and from locations within and 
     outside the continental United States.
       ``(f) Definition of Dependent.--In this section, the term 
     `dependent' has the meaning given that term in section 1072 
     of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2641b the following new item:

``2641c. Space-available travel on Department of Defense aircraft: 
              reserve members, reserve members eligible for retired pay 
              but for age; widows and widowers of retired members; and 
              dependents.''.

       (b) Regulations.--The Secretary of Defense shall prescribe 
     regulations to implement section 2641c of title 10, United 
     States Code, as added by subsection (a).

                          ____________________