II 117th CONGRESS 1st Session S. 3328 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Smith (for herself and Mr. Luján ) 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. Short title This Act may be cited as the Justice for Native Survivors of Sexual Violence Act . 2. Tribal jurisdiction over covered crimes 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 crimes of domestic violence and inserting covered crimes ; (2) in subsection (a)— (A) by striking paragraph (2); (B) by redesignating paragraphs (1), (3), (4), (5), (6), and (7) as paragraphs (3), (5), (7), (8), (11), and (12), respectively; (C) by inserting before paragraph (3) (as so redesignated) the following: (1) Coercion; commercial sex act The terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code. (2) Covered crime The term covered crime means— (A) dating violence; (B) domestic violence; (C) obstruction of justice; (D) sexual violence; (E) sex trafficking; (F) stalking; and (G) a violation of a protection order. ; (D) in paragraph (3) (as so redesignated), by striking violence committed and inserting any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed ; (E) by inserting after paragraph (3) (as so redesignated) the following: (4) Domestic violence The term domestic violence means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by— (A) a current or former spouse or intimate partner of the victim; (B) a person with whom the victim shares a child in common; (C) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (D) 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 violation occurs; or (E) a person against an adult or child victim who is protected from the acts of that person under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; (F) by inserting after paragraph (5) (as so redesignated) the following: (6) Obstruction of justice The term obstruction of justice means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves interfering with the administration or due process of the laws of the Indian tribe, including any tribal criminal proceeding or investigation of a crime. ; (G) in paragraph (7) (as so redesignated), by striking domestic violence and inserting tribal ; (H) by inserting after paragraph (8) (as so redesignated) the following: (9) Sex trafficking The term sex trafficking means conduct— (A) consisting of— (i) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or (ii) benefitting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in clause (i); and (B) carried out with the knowledge, or, except if the act constituting the violation of subparagraph (A)(i) is advertising, in reckless disregard of the fact, that— (i) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial 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. (10) Sexual violence The term sexual violence means any nonconsensual sexual act of contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act. ; (I) in paragraph (11) (as so redesignated)— (i) in the paragraph heading, by striking domestic violence and inserting tribal ; and (ii) by striking domestic violence and inserting tribal ; and (J) by adding at the end the following: (13) Stalking The term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person— (A) to fear for the safety of the person or the safety of others; or (B) to suffer substantial emotional distress. (14) Violation of a protection order The term violation of a protection order means an act that— (A) occurs in the Indian country of the participating tribe; and (B) violates a provision 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; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. ; (3) in subsection (b)— (A) by striking domestic violence each place the term appears and inserting tribal ; (B) in paragraph (1), by inserting , including any participating tribe in the State of Maine, before include ; and (C) in paragraph (4)— (i) by striking subparagraph (B); (ii) by striking the paragraph designation and heading and all that follows through A participating in clause (i) of subparagraph (A) and inserting the following: (4) Exception for non-Indian victim and defendant (A) In general A participating ; (iii) in clause (ii), by striking the clause designation and heading and all that follows through In this subparagraph and inserting the following: (B) Definition of victim In this paragraph ; (4) by striking subsection (c) and inserting the following: (c) Criminal conduct A participating tribe may exercise special tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; (5) in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and (6) by striking subsections (f) through (h) and inserting the following: (f) Grants and reimbursement to Tribal governments (1) Reimbursement (A) In general The Attorney General may reimburse governments of Indian tribes (or authorized designees of those governments) for expenses incurred in exercising special tribal criminal jurisdiction. (B) Eligible expenses Eligible expenses for reimbursement shall include— (i) expenses incurred to arrest or prosecute offenders and to detain inmates, including costs associated with providing health care; (ii) expenses relating to indigent defense services; and (iii) costs associated with probation and rehabilitation services. (C) Regulations Not later than 1 year after the date of enactment of the Justice for Native Survivors of Sexual Violence Act , the Attorney General shall, after consultation with Indian tribes, promulgate regulations to carry out this paragraph that set the maximum allowable reimbursements under this paragraph. (2) Grants The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (A) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including— (i) law enforcement, including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority but have been designated by an Indian tribe as responsible for maintaining public safety within its territorial jurisdiction, to enter information into and obtain information from national crime information databases; (ii) prosecution; (iii) trial and appellate courts, including facilities construction; (iv) probation systems; (v) detention and correctional facilities, including facilities construction; (vi) alternative rehabilitation centers; (vii) culturally appropriate services and assistance for victims and their families; and (viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (B) 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 covered crimes; (C) to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (D) to accord victims of covered crimes 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. (g) Supplement, not supplant Amounts made available under subsection (f)(2) shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section. (h) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026 to carry out subsection (f) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. (i) Use of funds Of the funds appropriated under this section for each fiscal year— (1) not less than 25 percent shall be used for the purposes described in subsection (f)(1); and (2) not less than 25 percent shall be used for the purposes described in subsection (f)(2). .