[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1704 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1704

To amend the Indian Tribal Justice Act to secure urgent resources vital 
          to Indian victims of crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2015

 Mr. Barrasso (for himself, Ms. Murkowski, Mr. Tester, Mr. Daines, Mr. 
Moran, Mr. Schatz, Mr. Udall, Ms. Heitkamp, and Mr. Hoeven) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Tribal Justice Act to secure urgent resources vital 
          to Indian victims of crime, 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 ``Securing Urgent Resources Vital to 
Indian Victim Empowerment Act'' or the ``SURVIVE Act''.

SEC. 2. TRIBAL VICTIMS OF CRIME.

    (a) Definitions.--Section 3 of the Indian Tribal Justice Act (25 
U.S.C. 3602) is amended--
            (1) in paragraph (3), by striking ``The term'' and 
        inserting ``Except as provided in section 105, the term'';
            (2) in paragraph (5), by inserting ``and Victim Services'' 
        after ``Support'';
            (3) by adding at the end the following:
            ``(9) Victim of crime.--The term `victim of crime' includes 
        any individual directly or proximately harmed due to the 
        commission of a crime.'';
            (4) by redesignating paragraphs (3) through (9) as 
        paragraphs (5) through (11), respectively; and
            (5) by inserting after paragraph (2) the following:
            ``(3) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(4) Indian country.--The term `Indian country' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.''.
    (b) Office of Tribal Justice Support and Victims Services.--Section 
101 of the Indian Tribal Justice Act (25 U.S.C. 3611) is amended--
            (1) in the section heading, by inserting ``and victim 
        services'' after ``support'';
            (2) in subsection (a)--
                    (A) in the first sentence--
                            (i) by inserting ``and Victim Services'' 
                        after ``Support''; and
                            (ii) by striking ``There is'' and inserting 
                        the following:
            ``(1) In general.--There is'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)(ii)), in the second sentence, by striking ``The 
                purpose'' and inserting the following:
            ``(2) Purposes.--The purposes''; and
                    (C) in paragraph (2) (as designated by subparagraph 
                (B)), by inserting ``and to provide services to victims 
                of crime'' after ``Courts of Indian Offenses'';
            (3) in subsection (b), by inserting ``and Victim Services'' 
        after ``Support'' each place it appears; and
            (4) in subsection (c), by adding at the end the following:
            ``(7) Make grants for victims of crime in accordance with 
        section 105.''.
    (c) Grant Program.--The Indian Tribal Justice Act is amended by 
inserting after section 104 (25 U.S.C. 3614) the following:

``SEC. 105. GRANT PROGRAM FOR TRIBAL CRIME VICTIM SERVICES.

    ``(a) Definition of Indian Tribe.--In this section, the term 
`Indian tribe' has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b).
    ``(b) Duties.--The Office shall--
            ``(1) administer the grant program described in subsection 
        (c); and
            ``(2) provide planning, research, training, and technical 
        assistance to the programs to be carried out using a grant 
        provided under subsection (c).
    ``(c) Grant Program.--
            ``(1) In general.--The Office shall make grants to Indian 
        tribes for the purposes of funding--
                    ``(A) a crime victim compensation program that 
                provides compensation to victims of crime for the 
                services described in subparagraphs (A) through (C) of 
                section 1403(b)(1) of the Victims of Crime Act of 1984 
                (42 U.S.C. 10602(b)(1));
                    ``(B) services to victims of crime, which may be 
                provided in traditional form or through electronic, 
                digital, or other technological formats, including--
                            ``(i) services provided through subgrants 
                        to victim services agencies or departments of 
                        tribal governments or nonprofit organizations;
                            ``(ii) domestic violence shelters, rape 
                        crisis centers, and child advocacy centers 
                        providing services to victims of crime in 
                        Indian country or in Alaska Native villages;
                            ``(iii) relocation and transitional housing 
                        for victims of crime and family members of 
                        victims of crime;
                            ``(iv) medical care, treatment, and related 
                        evaluations arising from the victimization, 
                        including--
                                    ``(I) emergency medical care and 
                                evaluation, nonemergency medical care 
                                and evaluation, psychological and 
                                psychiatric care and evaluation, and 
                                other forms of medical assistance, 
                                treatment, or therapy, regardless of 
                                the setting in which the services are 
                                delivered;
                                    ``(II) mental health and crisis 
                                counseling, evaluation, and assistance, 
                                including outpatient therapy, 
                                counseling services, referral to 
                                substance abuse treatment, and other 
                                forms of specialized treatment; and
                                    ``(III) prophylactic treatment to 
                                prevent a victim of crime from 
                                contracting HIV/AIDS or any other 
                                sexually transmitted disease or 
                                infection;
                            ``(v) medical equipment, such as wheel 
                        chairs, prosthetics, crutches, canes, hearing 
                        aids, and eyeglasses, the need for which arises 
                        directly from the victimization;
                            ``(vi) legal services, legal assistance 
                        services, and legal clinics (including services 
                        provided by pro bono legal clinics and 
                        practitioners), the need for which arises 
                        directly from the victimization;
                            ``(vii) ambulance and other medical 
                        transport and emergency response services;
                            ``(viii) the training and certification of 
                        service animals and therapy animals; and
                            ``(ix) forensic interviews, medical 
                        evaluations, and forensic medical evidence 
                        collection examinations for victims of crime, 
                        the need for which arises directly from the 
                        victimization;
                    ``(C) the development, establishment, and operation 
                of programs designed to improve the handling of, 
                including the investigation and prosecution of, violent 
                crime cases, particularly cases of child abuse, 
                domestic violence, sexual assault, stalking, human 
                trafficking, and identity theft, in a manner that 
                limits additional trauma to the victims;
                    ``(D) housing for tribal law enforcement officers 
                and other personnel, including victim advocates, whose 
                work is dedicated to providing services to victims of 
                crime;
                    ``(E) the repair, renovation, or rehabilitation of 
                existing facilities used for providing services to 
                victims of crime, including improvements necessary to 
                comply with the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.);
                    ``(F) communication devices, as necessary to ensure 
                the safety and security of victims of crime;
                    ``(G) the design, development, purchase, upgrade, 
                improvement, implementation, or support (including 
                training in the use) of technological equipment, 
                hardware, technology platforms, software, or 
                applications used in programs providing or managing 
                services to victims of crime;
                    ``(H) the development or implementation of 
                training, technical assistance, or professional 
                development that improves or enhances the quality of 
                services to victims of crime;
                    ``(I) transportation for victims of crime;
                    ``(J) grant writing activities for grants described 
                under this subsection;
                    ``(K) administration of the program and services 
                described in this paragraph;
                    ``(L) activities that impact the delivery and 
                quality of services and justice to victims of crime, 
                including strategies to increase the capacity of Indian 
                tribes to provide services to victims of crime; and
                    ``(M) any other services permitted under a 
                regulation lawfully promulgated by the Attorney General 
                or Secretary in accordance with this Act.
            ``(2) Eligibility.--An Indian tribe seeking a grant under 
        this subsection shall submit to the Office a written victim 
        assistance proposal that includes, at a minimum--
                    ``(A) a description of the need for services and 
                the mission and goals of the activity to be carried out 
                using the grant;
                    ``(B) a description of how amounts received under 
                the grant would be used;
                    ``(C) the proposed annual budget for the activities 
                for each fiscal year in which amounts received under 
                the grant may be used;
                    ``(D) any qualifications, certifications, or 
                licenses that may be required for individuals involved 
                in administering the program;
                    ``(E) a certification by the Indian tribe that--
                            ``(i) victims of crime are entitled to the 
                        rights and protections described in section 
                        3771(a) of title 18, United States Code, or 
                        substantially similar rights and protections 
                        under tribal law; and
                            ``(ii) individuals who report crimes are 
                        protected by law from retribution and 
                        retaliation;
                    ``(F) a description of any plans or agreements to 
                coordinate crime victim services among Federal, State, 
                local, and tribal governments; and
                    ``(G) any additional information required by the 
                Secretary through written guidance, after consultation 
                with Indian tribes.
            ``(3) No matching requirement.--A recipient or subrecipient 
        of a grant under this subsection shall not be required to make 
        a matching contribution for Federal dollars received.
            ``(4) Annual report.--A recipient or subrecipient of a 
        grant under this subsection shall, on an annual basis, submit 
        to the Office a report describing the purpose for which the 
        grant was used, which shall include, at a minimum--
                    ``(A) the purpose for which grant funds were 
                obligated and the amount of funds obligated by the 
                recipient or subrecipient for each purpose, including, 
                on a quarterly basis--
                            ``(i) the amount of grant funds used by the 
                        recipient or subrecipient for administrative 
                        costs;
                            ``(ii) the amount of grant funds used by 
                        the recipient or subrecipient for direct 
                        services; and
                            ``(iii) the amount of grant funds used by 
                        the recipient or subrecipient for capital 
                        investments;
                    ``(B) the number of victims served as a result of 
                the grant;
                    ``(C) a description of the types of victims served 
                under a program carried out using the grant, which, for 
                each victim, shall include, at a minimum--
                            ``(i) the alleged crime and injury 
                        involved;
                            ``(ii) whether the victim is an Indian; and
                            ``(iii) other demographic information, 
                        including the age, sex, and tribal affiliation 
                        of the victim, if applicable;
                    ``(D) the nature and location of the alleged crime 
                involved in each incident, including--
                            ``(i) whether the crime was committed in 
                        Indian country;
                            ``(ii) whether the alleged perpetrator is 
                        an Indian; and
                            ``(iii) the disposition of the incident, 
                        including any resulting charge, verdict, fine, 
                        fee, penalty, sentence, dismissal, or decision 
                        to settle or otherwise not pursue prosecution; 
                        and
                    ``(E) all jurisdictions involved in any 
                disposition.
    ``(d) Oversight and Enforcement Authority.--
            ``(1) Authority.--The Office shall--
                    ``(A) regularly monitor and review grants awarded 
                under subsection (c); and
                    ``(B) conduct investigations and audits--
                            ``(i) to ensure compliance with all 
                        applicable Federal law; and
                            ``(ii) to prevent duplication and 
                        redundancy in the awarding of grants under 
                        subsection (c).
            ``(2) Performance measures and enforceable agreements.--The 
        Office shall ensure that all grants awarded under subsection 
        (c), are subject to performance measures and enforceable 
        agreements that allow for thorough program oversight by the 
        Secretary.
            ``(3) Compliance reports to congress.--For fiscal year 2017 
        and each fiscal year thereafter, the Secretary shall submit to 
        the Committee on Indian Affairs of the Senate and the 
        Subcommittee on Indian, Insular and Alaska Native Affairs of 
        the House of Representatives an annual compliance report on all 
        grants awarded under subsection (c).
    ``(e) Deadline for Awarding Grants.--Not later than 180 days after 
the date on which funding is made available to carry out this section, 
the Office shall award all funds available for grants under this 
section to eligible recipients.
    ``(f) Availability of Grant Funds.--Any amount awarded under this 
section that remains unobligated at the end of the fiscal year in which 
the grant is made may be expended for the purpose for which the grant 
was made at any time during the 5 succeeding fiscal years, at the end 
of which period, any unobligated sums shall remain available to the 
Office for award under this section in the following fiscal year.
    ``(g) Effect.--Nothing in this section--
            ``(1) precludes an Indian tribe from contracting with 
        another Indian tribe or tribal organization for the 
        administration of a program funded under this subsection; or
            ``(2) prevents multiple Indian tribes or tribal 
        organizations from forming a consortium for any of the purposes 
        described in this subsection.
    ``(h) Funding.--
            ``(1) In general.--The grant program established under this 
        section shall be carried out using funds made available under 
        section 1402(d)(1) of the Victims of Crime Act of 1984 (42 
        U.S.C. 10601(d)(1)).
            ``(2) Administrative expenses.--With respect to the grant 
        program under this section only, for each fiscal year in which 
        a grant is made or grant funds may be obligated, an amount not 
        to exceed 4 percent of the funds made available to the Office 
        under this section may be used by the Office for administrative 
        expenses, the management and administration of grants made 
        under this section, and training and technical assistance.
    ``(i) Term.--This section shall be effective for--
            ``(1) the first fiscal year beginning after the date of 
        enactment of this section; and
            ``(2) the 9 fiscal years following such year.''.
    (d) Funding for Grants for Tribal Victims of Crime.--Section 
1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is 
amended--
            (1) by inserting before paragraph (2) the following:
            ``(1) Beginning on October 1, 2015, and each fiscal year 
        thereafter for a period of 10 fiscal years, 5 percent of the 
        total amount in the Fund available for obligation during a 
        fiscal year shall be made available to the Secretary of the 
        Interior to make grants under section 105 of the Indian Tribal 
        Justice Act.''; and
            (2) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``paragraph (2)'' and inserting ``paragraphs 
        (1) and (2)''.

SEC. 3. REGULATIONS REGARDING INDIAN TRIBES.

    (a) Existing Regulations.--Any regulation, rule, or guidance 
promulgated by the Attorney General or the Secretary of the Interior 
before the date of enactment of this Act shall have no force or effect 
with respect to section 105 of the Indian Tribal Justice Act, as added 
by section 2.
    (b) Negotiated Rulemaking.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        consultation with Indian tribes (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)) and through notice and comment rulemaking, shall 
        promulgate final regulations carrying out section 105 of the 
        Indian Tribal Justice Act, as added by section 2.
            (2) Requirements.--The Secretary of the Interior shall 
        ensure that--
                    (A) not fewer than 2 Indian tribes from each Bureau 
                of Indian Affairs region participate in the 
                consultation; and
                    (B) small, medium, and large land-based Indian 
                tribes are represented.
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