[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).
____________________