IB 

Union Calendar No. 532 

116TH CONGRESS 

2D SESSION H. R. 3977 

[Report No. 116–648] 

To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction 

of tribal courts to cover crimes involving sexual violence, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Ms. HAALAND (for herself, Mr. COOK, Ms. DAVIDS of Kansas, Mr. COLE, and 

Mr. GALLEGO) introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 15, 2020 

Additional sponsors: Mr. LUJA ́N, Mr. FITZPATRICK, Ms. KUSTER of New 

Hampshire, Ms. TLAIB, Mr. KHANNA, Mr. KILDEE, Mr. HARDER of California, Mr. O’HALLERAN, Ms. MOORE, Ms. MCCOLLUM, Mr. CARTWRIGHT, and Mr. PERLMUTTER

DECEMBER 15, 2020 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To amend the Indian Civil Rights Act of 1968 to extend 

the jurisdiction of tribal courts to cover crimes involving 

sexual violence, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Native Sur5 vivors of Sexual Violence Act’’. 

6 SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMES7 TIC, DATING, OR SEXUAL VIOLENCE, SEX 

8 TRAFFICKING, OR STALKING. 

9 Section 204 of Public Law 90–284 (25 U.S.C. 1304) 

10 (commonly known as the ‘‘Indian Civil Rights Act of 

11 1968’’) is amended— 

12 (1) in the section heading, by striking ‘‘DO13 MESTIC VIOLENCE’’ and inserting ‘‘DOMESTIC, 

14 DATING, OR SEXUAL VIOLENCE, SEX TRAF15 FICKING, OR STALKING’’; 

16 (2) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘means 

18 violence’’ and inserting ‘‘includes any violation 

19 of the criminal law of the Indian tribe that has 

20 jurisdiction over the Indian country where the 

21 violation occurs that is’’; 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘means violence’’ and 

24 inserting ‘‘includes any violation of the 

25 criminal law of the Indian tribe that has 


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1 jurisdiction over the Indian country where 

2 the violation occurs that is’’; and 

3 (ii) by striking ‘‘an Indian tribe that 

4 has jurisdiction over the Indian country 

5 where the violence occurs’’ and inserting 

6 ‘‘that Indian tribe’’; 

7 (C) in paragraph (4), by striking ‘‘domes8 tic violence’’ and inserting ‘‘tribal’’; 

9 (D) by redesignating paragraphs (6) and 

10 (7) as paragraphs (9) and (10), respectively; 

11 (E) by inserting after paragraph (5) the 

12 following: 

13 ‘‘(6) RELATED CONDUCT.—The term ‘related 

14 conduct’ means conduct alleged to have been com15 mitted by a defendant that— 

16 ‘‘(A) is a violation of the criminal law of 

17 the Indian tribe that has jurisdiction over the 

18 Indian country where the underlying offense oc19 curred; and 

20 ‘‘(B) occurs in connection with the exercise 

21 of special tribal criminal jurisdiction by that In22 dian tribe. 

23 ‘‘(7) SEX TRAFFICKING.— 

24 ‘‘(A) IN GENERAL.—The term ‘sex traf25 ficking’ means conduct— 


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1 ‘‘(i) consisting of— 

2 ‘‘(I) recruiting, enticing, har3 boring, transporting, providing, ob4 taining, advertising, maintaining, pa5 tronizing, or soliciting by any means a 

6 person; or 

7 ‘‘(II) benefiting, financially or by 

8 receiving anything of value, from par9 ticipation in a venture that has en10 gaged in an act described in subclause 

11 (I); and 

12 ‘‘(ii) carried out with the knowledge, 

13 or, except where the act constituting the 

14 violation of clause (i) is advertising, in 

15 reckless disregard of the fact, that— 

16 ‘‘(I) means of force, threats of 

17 force, fraud, coercion, or any combina18 tion of such means will be used to 

19 cause the person to engage in a com20 mercial sex act; or 

21 ‘‘(II) the person has not attained 

22 the age of 18 years and will be caused 

23 to engage in a commercial sex act. 

24 ‘‘(B) DEFINITIONS.—In this paragraph, 

25 the terms ‘coercion’ and ‘commercial sex act’ 


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1 have the meanings given the terms in section 

2 1591(e) of title 18, United States Code. 

3 ‘‘(8) SEXUAL VIOLENCE.—The term ‘sexual vio4 lence’ means any nonconsensual sexual act or con5 tact proscribed by Federal, tribal, or State law, in6 cluding in any case in which the victim lacks the ca7 pacity to consent to the act.’’; 

8 (F) in paragraph (9) (as redesignated by 

9 subparagraph (D))— 

10 (i) in the paragraph heading, by strik11 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 

12 ‘‘TRIBAL’’; and 

13 (ii) by striking ‘‘domestic violence’’ 

14 and inserting ‘‘tribal’’; and 

15 (G) by adding at the end the following: 

16 ‘‘(11) STALKING.—The term ‘stalking’ means 

17 engaging in a course of conduct directed at a spe18 cific person that would cause a reasonable person— 

19 ‘‘(A) to fear for his or her safety or the 

20 safety of others; or 

21 ‘‘(B) to suffer substantial emotional dis22 tress.’’; 

23 (3) in subsection (b)— 


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1 (A) by striking ‘‘domestic violence’’ each 

2 place the term appears and inserting ‘‘tribal’’; 

3 and 

4 (B) in paragraph (4)— 

5 (i) by striking subparagraph (B); 

6 (ii) by striking the paragraph designa7 tion and heading and all that follows 

8 through ‘‘A participating’’ in clause (i) of 

9 subparagraph (A) and inserting the fol10 lowing: 

11 ‘‘(4) EXCEPTION FOR NON-INDIAN VICTIM AND

12 DEFENDANT.— 

13 ‘‘(A) IN GENERAL.—A participating’’; and 

14 (iii) by striking ‘‘(ii) DEFINITION OF

15 VICTIM.—In this subparagraph’’ and in16 serting the following: 

17 ‘‘(B) DEFINITION OF VICTIM.—In this 

18 paragraph’’; 

19 (4) in subsection (c)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘domestic violence’’ and inserting 

22 ‘‘tribal’’; 

23 (B) in paragraph (1)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘VIOLENCE AND DATING’’ and insert3 ing ‘‘, DATING, AND SEXUAL’’; and 

4 (ii) by striking ‘‘or dating violence’’ 

5 and inserting ‘‘, dating violence, or sexual 

6 violence’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(3) STALKING.—An act of stalking that occurs 

9 in the Indian country of the participating tribe. 

10 ‘‘(4) SEX TRAFFICKING.—An act of sex traf11 ficking that occurs in the Indian country of the par12 ticipating tribe. 

13 ‘‘(5) RELATED CONDUCT.—An act of related 

14 conduct that occurs in the Indian country of the 

15 participating tribe.’’; 

16 (5) in subsection (d), by striking ‘‘domestic vio17 lence’’ each place the term appears and inserting 

18 ‘‘tribal’’; and 

19 (6) in subsection (f)— 

20 (A) by striking ‘‘special domestic violence’’ 

21 each place the term appears and inserting ‘‘spe22 cial tribal’’; 

23 (B) in paragraph (2), by striking ‘‘pros24 ecutes’’ and all that follows through the semiVerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977

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1 colon at the end and inserting the following: 

2 ‘‘prosecutes— 

3 ‘‘(A) a crime of domestic violence; 

4 ‘‘(B) a crime of dating violence; 

5 ‘‘(C) a crime of sexual violence; 

6 ‘‘(D) a criminal violation of a protection 

7 order; 

8 ‘‘(E) a crime of stalking; 

9 ‘‘(F) a crime of sex trafficking; or 

10 ‘‘(G) a crime of related conduct;’’; and 

11 (C) in paragraph (4), by inserting ‘‘sexual 

12 violence, stalking, sex trafficking,’’ after ‘‘dat13 ing violence,’’. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 532 

116TH CONGRESS 

2D SESSION H. R. 3977 

[Report No. 116–648] 

A BILL 

To amend the Indian Civil Rights Act of 1968 to 

purposes. crimes involving sexual violence, and for other extend the jurisdiction of tribal courts to cover 

DECEMBER 15, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS