[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3328 Introduced in Senate (IS)]

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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. Lujan) 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.

    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 ``Justice for Native Survivors of 
Sexual Violence Act''.

SEC. 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).''.
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