Justice for Native Survivors of Sexual Violence Act

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 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3977 RH 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. VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3977 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Justice for Native Sur- 4 vivors of Sexual Violence Act’’. 5 SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMES- 6 TIC, DATING, OR SEXUAL VIOLENCE, SEX 7 TRAFFICKING, OR STALKING. 8 Section 204 of Public Law 90–284 (25 U.S.C. 1304) 9 (commonly known as the ‘‘Indian Civil Rights Act of 10 1968’’) is amended— 11 (1) in the section heading, by striking ‘‘DO- 12 MESTIC VIOLENCE’’ and inserting ‘‘DOMESTIC, 13 DATING, OR SEXUAL VIOLENCE, SEX TRAF- 14 FICKING, OR STALKING’’; 15 (2) in subsection (a)— 16 (A) in paragraph (1), by striking ‘‘means 17 violence’’ and inserting ‘‘includes any violation 18 of the criminal law of the Indian tribe that has 19 jurisdiction over the Indian country where the 20 violation occurs that is’’; 21 (B) in paragraph (2)— 22 (i) by striking ‘‘means violence’’ and 23 inserting ‘‘includes any violation of the 24 criminal law of the Indian tribe that has 25 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3977 RH jurisdiction over the Indian country where 1 the violation occurs that is’’; and 2 (ii) by striking ‘‘an Indian tribe that 3 has jurisdiction over the Indian country 4 where the violence occurs’’ and inserting 5 ‘‘that Indian tribe’’; 6 (C) in paragraph (4), by striking ‘‘domes- 7 tic violence’’ and inserting ‘‘tribal’’; 8 (D) by redesignating paragraphs (6) and 9 (7) as paragraphs (9) and (10), respectively; 10 (E) by inserting after paragraph (5) the 11 following: 12 ‘‘(6) RELATED CONDUCT.—The term ‘related 13 conduct’ means conduct alleged to have been com- 14 mitted by a defendant that— 15 ‘‘(A) is a violation of the criminal law of 16 the Indian tribe that has jurisdiction over the 17 Indian country where the underlying offense oc- 18 curred; and 19 ‘‘(B) occurs in connection with the exercise 20 of special tribal criminal jurisdiction by that In- 21 dian tribe. 22 ‘‘(7) SEX TRAFFICKING.— 23 ‘‘(A) IN GENERAL.—The term ‘sex traf- 24 ficking’ means conduct— 25 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3977 RH ‘‘(i) consisting of— 1 ‘‘(I) recruiting, enticing, har- 2 boring, transporting, providing, ob- 3 taining, advertising, maintaining, pa- 4 tronizing, or soliciting by any means a 5 person; or 6 ‘‘(II) benefiting, financially or by 7 receiving anything of value, from par- 8 ticipation in a venture that has en- 9 gaged in an act described in subclause 10 (I); and 11 ‘‘(ii) carried out with the knowledge, 12 or, except where the act constituting the 13 violation of clause (i) is advertising, in 14 reckless disregard of the fact, that— 15 ‘‘(I) means of force, threats of 16 force, fraud, coercion, or any combina- 17 tion of such means will be used to 18 cause the person to engage in a com- 19 mercial sex act; or 20 ‘‘(II) the person has not attained 21 the age of 18 years and will be caused 22 to engage in a commercial sex act. 23 ‘‘(B) DEFINITIONS.—In this paragraph, 24 the terms ‘coercion’ and ‘commercial sex act’ 25 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3977 RH have the meanings given the terms in section 1 1591(e) of title 18, United States Code. 2 ‘‘(8) SEXUAL VIOLENCE.—The term ‘sexual vio- 3 lence’ means any nonconsensual sexual act or con- 4 tact proscribed by Federal, tribal, or State law, in- 5 cluding in any case in which the victim lacks the ca- 6 pacity to consent to the act.’’; 7 (F) in paragraph (9) (as redesignated by 8 subparagraph (D))— 9 (i) in the paragraph heading, by strik- 10 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 11 ‘‘TRIBAL’’; and 12 (ii) by striking ‘‘domestic violence’’ 13 and inserting ‘‘tribal’’; and 14 (G) by adding at the end the following: 15 ‘‘(11) STALKING.—The term ‘stalking’ means 16 engaging in a course of conduct directed at a spe- 17 cific person that would cause a reasonable person— 18 ‘‘(A) to fear for his or her safety or the 19 safety of others; or 20 ‘‘(B) to suffer substantial emotional dis- 21 tress.’’; 22 (3) in subsection (b)— 23 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 3977 RH (A) by striking ‘‘domestic violence’’ each 1 place the term appears and inserting ‘‘tribal’’; 2 and 3 (B) in paragraph (4)— 4 (i) by striking subparagraph (B); 5 (ii) by striking the paragraph designa- 6 tion and heading and all that follows 7 through ‘‘A participating’’ in clause (i) of 8 subparagraph (A) and inserting the fol- 9 lowing: 10 ‘‘(4) EXCEPTION FOR NON-INDIAN VICTIM AND 11 DEFENDANT.— 12 ‘‘(A) IN GENERAL.—A participating’’; and 13 (iii) by striking ‘‘(ii) DEFINITION OF 14 VICTIM.—In this subparagraph’’ and in- 15 serting the following: 16 ‘‘(B) DEFINITION OF VICTIM.—In this 17 paragraph’’; 18 (4) in subsection (c)— 19 (A) in the matter preceding paragraph (1), 20 by striking ‘‘domestic violence’’ and inserting 21 ‘‘tribal’’; 22 (B) in paragraph (1)— 23 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 3977 RH (i) in the paragraph heading, by strik- 1 ing ‘‘VIOLENCE AND DATING’’ and insert- 2 ing ‘‘, DATING, AND SEXUAL’’; and 3 (ii) by striking ‘‘or dating violence’’ 4 and inserting ‘‘, dating violence, or sexual 5 violence’’; and 6 (C) by adding at the end the following: 7 ‘‘(3) STALKING.—An act of stalking that occurs 8 in the Indian country of the participating tribe. 9 ‘‘(4) SEX TRAFFICKING.—An act of sex traf- 10 ficking that occurs in the Indian country of the par- 11 ticipating tribe. 12 ‘‘(5) RELATED CONDUCT.—An act of related 13 conduct that occurs in the Indian country of the 14 participating tribe.’’; 15 (5) in subsection (d), by striking ‘‘domestic vio- 16 lence’’ each place the term appears and inserting 17 ‘‘tribal’’; and 18 (6) in subsection (f)— 19 (A) by striking ‘‘special domestic violence’’ 20 each place the term appears and inserting ‘‘spe- 21 cial tribal’’; 22 (B) in paragraph (2), by striking ‘‘pros- 23 ecutes’’ and all that follows through the semi- 24 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 3977 RH colon at the end and inserting the following: 1 ‘‘prosecutes— 2 ‘‘(A) a crime of domestic violence; 3 ‘‘(B) a crime of dating violence; 4 ‘‘(C) a crime of sexual violence; 5 ‘‘(D) a criminal violation of a protection 6 order; 7 ‘‘(E) a crime of stalking; 8 ‘‘(F) a crime of sex trafficking; or 9 ‘‘(G) a crime of related conduct;’’; and 10 (C) in paragraph (4), by inserting ‘‘sexual 11 violence, stalking, sex trafficking,’’ after ‘‘dat- 12 ing violence,’’. 13 VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3977.RH H3977 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 extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes. DECEMBER 15, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 20:38 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H3977.RH H3977 pamtmann on DSKBC07HB2PROD with BILLS