II 

117TH CONGRESS 

1ST SESSION S. 3328 

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 SENATE OF THE UNITED STATES 

DECEMBER 7, 2021 

Ms. SMITH (for herself and Mr. LUJA ́N) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

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. 

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 COVERED CRIMES. 

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

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

9 1968’’) is amended— 


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1 (1) in the section heading, by striking 

2 ‘‘CRIMES OF DOMESTIC VIOLENCE’’ and insert3 ing ‘‘COVERED CRIMES’’; 

4 (2) in subsection (a)— 

5 (A) by striking paragraph (2); 

6 (B) by redesignating paragraphs (1), (3), 

7 (4), (5), (6), and (7) as paragraphs (3), (5), 

8 (7), (8), (11), and (12), respectively; 

9 (C) by inserting before paragraph (3) (as 

10 so redesignated) the following: 

11 ‘‘(1) COERCION; COMMERCIAL SEX ACT.—The 

12 terms ‘coercion’ and ‘commercial sex act’ have the 

13 meanings given the terms in section 1591(e) of title 

14 18, United States Code. 

15 ‘‘(2) COVERED CRIME.—The term ‘covered 

16 crime’ means— 

17 ‘‘(A) dating violence; 

18 ‘‘(B) domestic violence; 

19 ‘‘(C) obstruction of justice; 

20 ‘‘(D) sexual violence; 

21 ‘‘(E) sex trafficking; 

22 ‘‘(F) stalking; and 

23 ‘‘(G) a violation of a protection order.’’; 

24 (D) in paragraph (3) (as so redesignated), 

25 by striking ‘‘violence committed’’ and inserting 


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1 ‘‘any violation of the criminal law of the Indian 

2 tribe that has jurisdiction over the Indian coun3 try where the violation occurs that is com4 mitted’’; 

5 (E) by inserting after paragraph (3) (as so 

6 redesignated) the following: 

7 ‘‘(4) DOMESTIC VIOLENCE.—The term ‘domes8 tic violence’ means any violation of the criminal law 

9 of the Indian tribe that has jurisdiction over the In10 dian country where the violation occurs that is com11 mitted by— 

12 ‘‘(A) a current or former spouse or inti13 mate partner of the victim; 

14 ‘‘(B) a person with whom the victim shares 

15 a child in common; 

16 ‘‘(C) a person who is cohabitating with or 

17 has cohabitated with the victim as a spouse or 

18 intimate partner; 

19 ‘‘(D) a person similarly situated to a 

20 spouse of the victim under the domestic- or 

21 family-violence laws of the Indian tribe that has 

22 jurisdiction over the Indian country where the 

23 violation occurs; or 

24 ‘‘(E) a person against an adult or child 

25 victim who is protected from the acts of that 


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1 person under the domestic- or family-violence 

2 laws of the Indian tribe that has jurisdiction 

3 over the Indian country where the violation oc4 curs.’’; 

5 (F) by inserting after paragraph (5) (as so 

6 redesignated) the following: 

7 ‘‘(6) OBSTRUCTION OF JUSTICE.—The term 

8 ‘obstruction of justice’ means any violation of the 

9 criminal law of the Indian tribe that has jurisdiction 

10 over the Indian country where the violation occurs 

11 that involves interfering with the administration or 

12 due process of the laws of the Indian tribe, including 

13 any tribal criminal proceeding or investigation of a 

14 crime.’’; 

15 (G) in paragraph (7) (as so redesignated), 

16 by striking ‘‘domestic violence’’ and inserting 

17 ‘‘tribal’’; 

18 (H) by inserting after paragraph (8) (as so 

19 redesignated) the following: 

20 ‘‘(9) SEX TRAFFICKING.—The term ‘sex traf21 ficking’ means conduct— 

22 ‘‘(A) consisting of— 

23 ‘‘(i) recruiting, enticing, harboring, 

24 transporting, providing, obtaining, adverVerDate Sep 11 2014 21:21 Dec 14, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3328.IS S3328

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1 tising, maintaining, patronizing, or solic2 iting by any means a person; or 

3 ‘‘(ii) benefitting, financially or by re4 ceiving anything of value, from participa5 tion in a venture that has engaged in an 

6 act described in clause (i); and 

7 ‘‘(B) carried out with the knowledge, or, 

8 except if the act constituting the violation of 

9 subparagraph (A)(i) is advertising, in reckless 

10 disregard of the fact, that— 

11 ‘‘(i) means of force, threats of force, 

12 fraud, coercion, or any combination of such 

13 means will be used to cause the person to 

14 engage in a commercial sex act; or 

15 ‘‘(ii) the person has not attained the 

16 age of 18 years and will be caused to en17 gage in a commercial sex act. 

18 ‘‘(10) SEXUAL VIOLENCE.—The term ‘sexual vi19 olence’ means any nonconsensual sexual act of con20 tact proscribed by the criminal law of the Indian 

21 tribe that has jurisdiction over the Indian country 

22 where the violation occurs, including in any case in 

23 which the victim lacks the capacity to consent to the 

24 act.’’; 


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1 (I) in paragraph (11) (as so redesig2 nated)— 

3 (i) in the paragraph heading, by strik4 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 

5 ‘‘TRIBAL’’; and 

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

7 and inserting ‘‘tribal’’; and 

8 (J) by adding at the end the following: 

9 ‘‘(13) STALKING.—The term ‘stalking’ means 

10 engaging in a course of conduct directed at a spe11 cific person proscribed by the criminal law of the In12 dian tribe that has jurisdiction over the Indian coun13 try where the violation occurs that would cause a 

14 reasonable person— 

15 ‘‘(A) to fear for the safety of the person or 

16 the safety of others; or 

17 ‘‘(B) to suffer substantial emotional dis18 tress. 

19 ‘‘(14) VIOLATION OF A PROTECTION ORDER.— 

20 The term ‘violation of a protection order’ means an 

21 act that— 

22 ‘‘(A) occurs in the Indian country of the 

23 participating tribe; and 

24 ‘‘(B) violates a provision of a protection 

25 order that— 


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1 ‘‘(i) prohibits or provides protection 

2 against violent or threatening acts or har3 assment against, sexual violence against, 

4 contact or communication with, or physical 

5 proximity to, another person; 

6 ‘‘(ii) was issued against the defend7 ant; 

8 ‘‘(iii) is enforceable by the partici9 pating tribe; and 

10 ‘‘(iv) is consistent with section 

11 2265(b) of title 18, United States Code.’’; 

12 (3) in subsection (b)— 

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

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

15 (B) in paragraph (1), by inserting ‘‘, in16 cluding any participating tribe in the State of 

17 Maine,’’ before ‘‘include’’; and 

18 (C) in paragraph (4)— 

19 (i) by striking subparagraph (B); 

20 (ii) by striking the paragraph designa21 tion and heading and all that follows 

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

23 subparagraph (A) and inserting the fol24 lowing: 


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

2 DEFENDANT.— 

3 ‘‘(A) IN GENERAL.—A participating’’; 

4 (iii) in clause (ii), by striking the 

5 clause designation and heading and all 

6 that follows through ‘‘In this subpara7 graph’’ and inserting the following: 

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

9 paragraph’’; 

10 (4) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

13 exercise special tribal criminal jurisdiction over a defend14 ant for a covered crime that occurs in the Indian country 

15 of the participating tribe.’’; 

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

18 ‘‘tribal’’; and 

19 (6) by striking subsections (f) through (h) and 

20 inserting the following: 

21 ‘‘(f) GRANTS AND REIMBURSEMENT TO TRIBAL GOV22 ERNMENTS.— 

23 ‘‘(1) REIMBURSEMENT.— 

24 ‘‘(A) IN GENERAL.—The Attorney General 

25 may reimburse governments of Indian tribes (or 


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1 authorized designees of those governments) for 

2 expenses incurred in exercising special tribal 

3 criminal jurisdiction. 

4 ‘‘(B) ELIGIBLE EXPENSES.—Eligible ex5 penses for reimbursement shall include— 

6 ‘‘(i) expenses incurred to arrest or 

7 prosecute offenders and to detain inmates, 

8 including costs associated with providing 

9 health care; 

10 ‘‘(ii) expenses relating to indigent de11 fense services; and 

12 ‘‘(iii) costs associated with probation 

13 and rehabilitation services. 

14 ‘‘(C) REGULATIONS.—Not later than 1 

15 year after the date of enactment of the Justice 

16 for Native Survivors of Sexual Violence Act, the 

17 Attorney General shall, after consultation with 

18 Indian tribes, promulgate regulations to carry 

19 out this paragraph that set the maximum allow20 able reimbursements under this paragraph. 

21 ‘‘(2) GRANTS.—The Attorney General may 

22 award grants to the governments of Indian tribes (or 

23 to authorized designees of those governments)— 


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1 ‘‘(A) to strengthen tribal criminal justice 

2 systems to assist Indian tribes in exercising 

3 special tribal criminal jurisdiction, including— 

4 ‘‘(i) law enforcement, including the 

5 capacity of law enforcement, court per6 sonnel, or other non-law enforcement enti7 ties that have no Federal or State arrest 

8 authority but have been designated by an 

9 Indian tribe as responsible for maintaining 

10 public safety within its territorial jurisdic11 tion, to enter information into and obtain 

12 information from national crime informa13 tion databases; 

14 ‘‘(ii) prosecution; 

15 ‘‘(iii) trial and appellate courts, in16 cluding facilities construction; 

17 ‘‘(iv) probation systems; 

18 ‘‘(v) detention and correctional facili19 ties, including facilities construction; 

20 ‘‘(vi) alternative rehabilitation centers; 

21 ‘‘(vii) culturally appropriate services 

22 and assistance for victims and their fami23 lies; and 


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1 ‘‘(viii) criminal codes and rules of 

2 criminal procedure, appellate procedure, 

3 and evidence; 

4 ‘‘(B) to provide indigent criminal defend5 ants with the effective assistance of licensed de6 fense counsel, at no cost to the defendant, in 

7 criminal proceedings in which a participating 

8 tribe prosecutes covered crimes; 

9 ‘‘(C) to ensure that, in criminal pro10 ceedings in which a participating tribe exercises 

11 special tribal criminal jurisdiction, jurors are 

12 summoned, selected, and instructed in a man13 ner consistent with all applicable requirements; 

14 and 

15 ‘‘(D) to accord victims of covered crimes 

16 rights that are similar to the rights of a crime 

17 victim described in section 3771(a) of title 18, 

18 United States Code, consistent with tribal law 

19 and custom. 

20 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts 

21 made available under subsection (f)(2) shall supplement 

22 and not supplant any other Federal, State, or local govern23 ment amounts made available to carry out activities de24 scribed in this section. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $15,000,000 for each of 

3 fiscal years 2022 through 2026 to carry out subsection 

4 (f) and to provide training, technical assistance, data col5 lection, and evaluation of the criminal justice systems of 

6 participating tribes. 

7 ‘‘(i) USE OF FUNDS.—Of the funds appropriated 

8 under this section for each fiscal year— 

9 ‘‘(1) not less than 25 percent shall be used for 

10 the purposes described in subsection (f)(1); and 

11 ‘‘(2) not less than 25 percent shall be used for 

12 the purposes described in subsection (f)(2).’’. 

Æ 


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