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 Cali-
fornia, Mr. O’HALLERAN, Ms. MOORE, Ms. MCCOLLUM, Mr. CART-
WRIGHT, and Mr. PERLMUTTER 
DECEMBER 15, 2020 
Reported from the Committee on Natural Resources; committed to the Com-
mittee 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Native Sur-
vivors of Sexual Violence Act’’. 
SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMES-
TIC, DATING, OR SEXUAL VIOLENCE, SEX 
TRAFFICKING, OR STALKING. 
Section 204 of Public Law 90–284 (25 U.S.C. 1304) 
(commonly known as the ‘‘Indian Civil Rights Act of 
1968’’) is amended— 
(1) in the section heading, by striking ‘‘DO-
MESTIC
VIOLENCE’’ and inserting ‘‘DOMESTIC, 
DATING, OR
SEXUAL
VIOLENCE, SEX
TRAF-
FICKING, OR STALKING’’; 
(2) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘means 
violence’’ and inserting ‘‘includes any violation 
of the criminal law of the Indian tribe that has 
jurisdiction over the Indian country where the 
violation occurs that is’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘means violence’’ and 
inserting ‘‘includes any violation of the 
criminal law of the Indian tribe that has 
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jurisdiction over the Indian country where 
the violation occurs that is’’; and 
(ii) by striking ‘‘an Indian tribe that 
has jurisdiction over the Indian country 
where the violence occurs’’ and inserting 
‘‘that Indian tribe’’; 
(C) in paragraph (4), by striking ‘‘domes-
tic violence’’ and inserting ‘‘tribal’’; 
(D) by redesignating paragraphs (6) and 
(7) as paragraphs (9) and (10), respectively; 
(E) by inserting after paragraph (5) the 
following: 
‘‘(6) RELATED
CONDUCT.—The term ‘related 
conduct’ means conduct alleged to have been com-
mitted by a defendant that— 
‘‘(A) is a violation of the criminal law of 
the Indian tribe that has jurisdiction over the 
Indian country where the underlying offense oc-
curred; and 
‘‘(B) occurs in connection with the exercise 
of special tribal criminal jurisdiction by that In-
dian tribe. 
‘‘(7) SEX TRAFFICKING.— 
‘‘(A) IN GENERAL.—The term ‘sex traf-
ficking’ means conduct— 
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‘‘(i) consisting of— 
‘‘(I) recruiting, enticing, har-
boring, transporting, providing, ob-
taining, advertising, maintaining, pa-
tronizing, or soliciting by any means a 
person; or 
‘‘(II) benefiting, financially or by 
receiving anything of value, from par-
ticipation in a venture that has en-
gaged in an act described in subclause 
(I); and 
‘‘(ii) carried out with the knowledge, 
or, except where the act constituting the 
violation of clause (i) is advertising, in 
reckless disregard of the fact, that— 
‘‘(I) means of force, threats of 
force, fraud, coercion, or any combina-
tion of such means will be used to 
cause the person to engage in a com-
mercial sex act; or 
‘‘(II) the person has not attained 
the age of 18 years and will be caused 
to engage in a commercial sex act. 
‘‘(B) DEFINITIONS.—In this paragraph, 
the terms ‘coercion’ and ‘commercial sex act’ 
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have the meanings given the terms in section 
1591(e) of title 18, United States Code. 
‘‘(8) SEXUAL VIOLENCE.—The term ‘sexual vio-
lence’ means any nonconsensual sexual act or con-
tact proscribed by Federal, tribal, or State law, in-
cluding in any case in which the victim lacks the ca-
pacity to consent to the act.’’; 
(F) in paragraph (9) (as redesignated by 
subparagraph (D))— 
(i) in the paragraph heading, by strik-
ing ‘‘DOMESTIC VIOLENCE’’ and inserting 
‘‘TRIBAL’’; and 
(ii) by striking ‘‘domestic violence’’ 
and inserting ‘‘tribal’’; and 
(G) by adding at the end the following: 
‘‘(11) STALKING.—The term ‘stalking’ means 
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person— 
‘‘(A) to fear for his or her safety or the 
safety of others; or 
‘‘(B) to suffer substantial emotional dis-
tress.’’; 
(3) in subsection (b)— 
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