[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1870 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 368
115th CONGRESS
  2d Session
                                S. 1870

                          [Report No. 115-220]

 To amend the Victims of Crime Act of 1984 to secure urgent resources 
       vital to Indian victims of crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2017

 Mr. Hoeven (for himself, Mr. McCain, Ms. Heitkamp, Ms. Cortez Masto, 
 Mr. Franken, Mr. Daines, Mr. Tester, Mr. Barrasso, Ms. Murkowski, Mr. 
 Udall, and Mrs. Murray) introduced the following bill; which was read 
         twice and referred to the Committee on Indian Affairs

                             April 9, 2018

               Reported by Mr. Hoeven, without amendment

_______________________________________________________________________

                                 A BILL


 
 To amend the Victims of Crime Act of 1984 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. INDIAN VICTIMS OF CRIME.

    (a) Grant Program for Indian Crime Victim Services.--The Victims of 
Crime Act of 1984 (34 U.S.C. 20101 et seq.) is amended by inserting 
after section 1404F the following:

            ``grant program for indian crime victim services

    ``Sec. 1404G.  (a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Indian Affairs of the 
                Senate;
                    ``(B) the Subcommittee on Indian, Insular and 
                Alaska Native Affairs of the Committee on Natural 
                Resources of the House of Representatives;
                    ``(C) the Committee on the Judiciary of the Senate; 
                and
                    ``(D) the Committee on the Judiciary of the House 
                of Representatives.
            ``(2) Covered grant.--The term `covered grant' means a 
        grant under subsection (c).
            ``(3) Eligible indian tribe.--The term `eligible Indian 
        tribe' means an Indian tribe that submits a written proposal 
        for a covered grant to the Director in accordance with 
        subsection (c)(2).
            ``(4) Immediate family member.--The term `immediate family 
        member' has the meaning given the term in section 115(c) of 
        title 18, United States Code.
            ``(5) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(6) Indian land.--The term `Indian land' has the meaning 
        given the term `Indian lands' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            ``(7) Indian tribe.--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. 5304).
            ``(8) Personally identifying information.--The term 
        `personally identifying information' has the meaning given the 
        term in section 40002(a) of the Violence Against Women Act of 
        1994 (34 U.S.C. 12291(a)).
            ``(9) Services to victims of crime.--The term `services to 
        victims of crime'--
                    ``(A) has the meaning given the term in section 
                1404; and
                    ``(B) includes efforts that--
                            ``(i) respond to the emotional, 
                        psychological, or physical needs of a victim of 
                        crime;
                            ``(ii) assist a victim of crime in 
                        stabilizing his or her life after 
                        victimization;
                            ``(iii) assist a victim of crime in 
                        understanding and participating in the criminal 
                        justice system; or
                            ``(iv) restore a measure of security and 
                        safety for a victim of crime.
            ``(10) Victim of crime.--The term `victim of crime' means 
        an individual who has suffered direct physical, sexual, 
        financial, or emotional harm as a result of the commission of a 
        crime.
    ``(b) Duties of the Director.--The Director shall--
            ``(1) administer the grant program described in subsection 
        (c);
            ``(2) provide planning, research, training, and technical 
        assistance to recipients of covered grants; and
            ``(3) coordinate with the Office of Tribal Justice, the 
        Indian Health Service, and the Bureau of Indian Affairs in 
        implementing the grant program described in subsection (c).
    ``(c) Grant Program.--
            ``(1) In general.--On an annual basis, the Director shall 
        make grants to eligible Indian tribes for the purposes of 
        funding--
                    ``(A) a program, administered by one or more Indian 
                tribes, that provides services to victims of crime, 
                which may be provided in traditional form or through 
                electronic, digital, or other technological formats, 
                including--
                            ``(i) services to victims of crime provided 
                        through subgrants to agencies or departments of 
                        tribal governments or nonprofit organizations;
                            ``(ii) domestic violence shelters, rape 
                        crisis centers, child abuse programs, child 
                        advocacy centers, and elder abuse programs 
                        providing services to victims of crime;
                            ``(iii) medical care, equipment, 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 and behavioral health 
                                and crisis counseling, evaluation, and 
                                assistance, including outpatient 
                                therapy, counseling services, substance 
                                abuse treatment, and other forms of 
                                specialized treatment, including 
                                intervention and prevention services;
                                    ``(III) prophylactic treatment to 
                                prevent an individual from contracting 
                                HIV/AIDS or any other sexually 
                                transmitted disease or infection; and
                                    ``(IV) forensic medical evidence 
                                collection examinations and forensic 
                                interviews of victims of crime--
                                            ``(aa) to the extent that 
                                        other funding sources are 
                                        unavailable or insufficient; 
                                        and
                                            ``(bb) on the condition 
                                        that, to the extent 
                                        practicable, the examiners and 
                                        interviewers follow relevant 
                                        guidelines or protocols issued 
                                        by the State, unit of local 
                                        government, or Indian tribe 
                                        with jurisdiction over the area 
                                        in which the examination or 
                                        interview is conducted;
                            ``(iv) 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;
                            ``(v) the training and certification of 
                        service animals and therapy animals;
                            ``(vi) equipment for Braille or TTY/TTD 
                        machines for the deaf necessary to provide 
                        services to victims of crime;
                            ``(vii) restorative justice opportunities 
                        that allow victims of crime to meet with the 
                        perpetrators if the meetings are voluntarily 
                        agreed to by the victim of crime and are for 
                        therapeutic purposes; and
                            ``(viii) training and related materials, 
                        including books, training manuals, and training 
                        videos, for staff and service providers to 
                        develop skills necessary to offer quality 
                        services to victims of crime;
                    ``(B) development or implementation of training, 
                technical assistance, or professional development that 
                improves or enhances the quality of services to victims 
                of crime, including coordination between healthcare, 
                education, and justice systems;
                    ``(C) transportation of victims of crime to--
                            ``(i) receive services; or
                            ``(ii) participate in criminal justice 
                        proceedings;
                    ``(D) emergency legal assistance to victims of 
                crime that is directly connected to the crime;
                    ``(E) supervision of direct service providers and 
                contracts for professional or specialized services that 
                are related directly to providing services to victims 
                of crime;
                    ``(F) repair and replacement of essential items 
                used during the provision of services to victims of 
                crime to contribute to and maintain a healthy and safe 
                environment for the victims;
                    ``(G) transitional housing for victims of crime, 
                particularly victims who have a particular need for 
                such housing and cannot safely return to previous 
                housing, including travel, rental assistance, security 
                deposits, utilities, and other related costs that are 
                incidental to the relocation to transitional housing;
                    ``(H) relocation of victims of crime, particularly 
                where necessary for the safety and well-being of the 
                victim, including reasonable moving expenses, security 
                deposits for housing, rental expenses, and utility 
                startup costs;
                    ``(I) coordination of activities that facilitate 
                the provision of direct services to victims of crime;
                    ``(J) multi-system, inter-agency, multi-
                disciplinary response to the needs of victims of crime; 
                and
                    ``(K) administration of the program and services 
                described in this section.
            ``(2) Eligibility.--An Indian tribe seeking a covered grant 
        shall, in response to a request for proposal, submit to the 
        Director a written proposal for a covered grant, which shall 
        include--
                    ``(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, 
                under the law of that Indian tribe or the law of a 
                State to which the Act of August 15, 1953 (67 Stat. 
                588, chapter 505) (commonly known as `Public Law 280') 
                applies--
                            ``(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; 
                        and
                            ``(ii) individuals who report crimes are 
                        protected by law from retribution and 
                        retaliation;
                    ``(F) a certification by the Indian tribe that 
                grant funds will be used to supplement and not supplant 
                other Federal, State, local, and tribal funds that are 
                used for the purposes described in paragraph (1);
                    ``(G) a description of any plans or agreements to 
                coordinate services among Federal, State, local, and 
                tribal governments; and
                    ``(H) any additional information required by the 
                Director through written guidance, after consultation 
                with Indian tribes.
            ``(3) No matching requirement.--A recipient or subrecipient 
        of a covered grant shall not be required to make a matching 
        contribution for Federal dollars received.
            ``(4) Prohibited uses of funds.--A recipient or 
        subrecipient of a covered grant may not use the amounts of the 
        grant for--
                    ``(A) salaries, benefits, fees, furniture, 
                equipment, and other expenses of executive directors, 
                board members, and other administrators, except as 
                specifically allowed under this section;
                    ``(B) lobbying and administrative advocacy; and
                    ``(C) fundraising activities.
            ``(5) Annual report.--A recipient of a covered grant shall, 
        on an annual basis, submit to the Director an itemized budget 
        with a report describing the purpose for which the grant was 
        used, which shall include--
                    ``(A) the purpose for which grant funds were 
                obligated or spent and the amount of funds obligated or 
                spent by the recipient or subrecipient for each 
                purpose, including, on a quarterly basis--
                            ``(i) the amount of grant funds obligated 
                        or spent by the recipient or subrecipient for 
                        administrative and operational costs; and
                            ``(ii) the amount of grant funds obligated 
                        or spent by the recipient or subrecipient for 
                        direct services;
                    ``(B) the number of individuals served as a result 
                of the grant;
                    ``(C) a description, in the aggregate, of the types 
                of individuals served, including--
                            ``(i) the alleged crime and injury 
                        involved;
                            ``(ii) whether the victim is an Indian; and
                            ``(iii) the age, sex, and tribal 
                        affiliation of the victim, if applicable; and
                    ``(D) a description, in the aggregate, of the 
                general nature and location of the alleged crimes 
                involved, including--
                            ``(i) whether the crime was committed on 
                        Indian land;
                            ``(ii) whether the alleged perpetrator is 
                        an Indian;
                            ``(iii) the disposition of the incident; 
                        and
                            ``(iv) all jurisdictions involved in any 
                        disposition.
            ``(6) Obligation to report fraud, waste, or abuse of grant 
        funds.--A recipient or subrecipient of a covered grant shall 
        immediately report to the Director any finding of fraud, waste, 
        or abuse of grant funds.
    ``(d) Protection of Crime Victim Confidentiality and Privacy.--
            ``(1) Annual reports.--In order to ensure the safety of 
        victims of crime and immediate family members of victims of 
        crime, recipients and subrecipients of covered grants shall 
        protect the confidentiality and privacy of individuals 
        receiving services from the recipient or subrecipient.
            ``(2) Nondisclosure.--
                    ``(A) In general.--Subject to paragraphs (3) and 
                (4), a recipient or subrecipient of a covered grant 
                shall not disclose, reveal, or release any personally 
                identifying information collected in connection with 
                any service requested, used, or denied through a 
                program of the recipient or subrecipient or require the 
                release of personally identifying information as a 
                condition of eligibility for the services provided by 
                the recipient or subrecipient--
                            ``(i) regardless of whether the information 
                        has been encoded, encrypted, hashed, or 
                        otherwise protected; and
                            ``(ii) subject to subparagraph (B) and the 
                        condition that consent for release may not be 
                        given by an abuser of the minor, an abuser of a 
                        parent or guardian of a minor, or an 
                        incapacitated individual, absent the informed, 
                        written, reasonably time-limited consent of--
                                    ``(I) the individual about whom 
                                information is sought;
                                    ``(II) in the case of an 
                                emancipated minor, the minor, and the 
                                parent or guardian; or
                                    ``(III) in the case of legal 
                                incapacity, a court-appointed guardian.
                    ``(B) Certain minors and other individuals.--If a 
                minor or individual with a legally appointed guardian 
                may lawfully receive services without the consent of a 
                parent or guardian, that minor or individual may 
                consent to the release of information under 
                subparagraph (A)(ii) without the additional consent of 
                a parent or guardian.
            ``(3) Release.--If the release of information described in 
        paragraph (2) is compelled by a statutory or court mandate, a 
        recipient or subrecipient of a covered grant shall--
                    ``(A) make reasonable attempts to provide notice to 
                victims of crime affected by the disclosure of 
                information; and
                    ``(B) take steps necessary to protect the privacy 
                and safety of the individuals affected by the release 
                of the information.
            ``(4) Information sharing.--A recipient or subrecipient of 
        a covered grant may share--
                    ``(A) data in the aggregate that is not personally 
                identifying information regarding services to clients 
                and demographics in order to comply with Federal, 
                State, tribal, or territorial reporting, evaluation, or 
                data collection requirements;
                    ``(B) court-generated and law enforcement-generated 
                information contained in secure, governmental 
                registries for protection order enforcement purposes; 
                and
                    ``(C) law enforcement-generated and prosecution-
                generated information necessary for law enforcement and 
                prosecution purposes.
            ``(5) Statutorily mandated reports of abuse or neglect.--
        Nothing in this subsection shall be construed to prohibit a 
        recipient or subrecipient of a covered grant from reporting 
        suspected abuse or neglect of an individual.
            ``(6) Congressional oversight.--
                    ``(A) In general.--Nothing in this subsection shall 
                be construed to prohibit the Director from disclosing 
                grant activities authorized by this section to the 
                appropriate committees of Congress.
                    ``(B) Requirements.--The Director shall ensure that 
                a disclosure under subparagraph (A) protects 
                confidentiality and omits personally identifying 
                information.
            ``(7) Confidentiality assessment and assurances.--A 
        recipient or subrecipient of a covered grant shall document 
        compliance with the confidentiality and privacy requirements of 
        this subsection.
    ``(e) Oversight and Enforcement Authority.--
            ``(1) Authority.--The Director shall--
                    ``(A) regularly monitor and review covered grants 
                awarded, which shall include evaluation of quarterly 
                financial reports for victim services grants; 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 covered grants.
            ``(2) Performance measures and enforceable agreements.--The 
        Director shall ensure that all covered grants are subject to 
        performance measures and enforceable agreements that allow for 
        thorough program oversight.
            ``(3) Compliance reports to congress.--For fiscal year 2017 
        and each fiscal year thereafter, the Director shall submit to 
        the appropriate committees of Congress an annual compliance 
        report on all covered grants awarded.
            ``(4) Violations.--
                    ``(A) In general.--If, after reasonable notice and 
                opportunity for a hearing on the record (subject to 
                subparagraph (B)), the Director finds that a recipient 
                or subrecipient of a covered grant has failed to comply 
                substantially with any provision of this section or a 
                rule, regulation, guideline, or procedure issued under 
                this section, or an application submitted in accordance 
                with this section or the provisions of any other 
                applicable law, the Director shall--
                            ``(i) terminate payments to the recipient;
                            ``(ii) suspend payments to the recipient 
                        until the Director is satisfied that the 
                        noncompliance has ended; or
                            ``(iii) take any other action that the 
                        Director determines appropriate.
                    ``(B) Subrecipients.--A subrecipient of a covered 
                grant may not request a hearing under subparagraph (A) 
                but may assist a recipient in providing information 
                during the hearing process.
    ``(f) Timelines.--
            ``(1) Negotiated rulemaking.--Not later than 60 days after 
        the date of enactment of this section, the Director shall 
        publish a notice in the Federal Register to initiate the 
        negotiated rulemaking described in section 3(b) of the Securing 
        Urgent Resources Vital to Indian Victim Empowerment Act, which 
        shall be completed not later than 180 days after that 
        publication.
            ``(2) Request for proposal.--Not later than 60 days after 
        the negotiated rulemaking described in paragraph (1) is 
        complete, the Director shall publish a request for proposal in 
        the Federal Register for covered grants.
            ``(3) Required disbursal.--Not later than January 31 of 
        each of the first 10 fiscal years beginning after the date of 
        enactment of this section, the Director shall disburse 
        competitive grants to Indian tribes in accordance with this 
        section.
    ``(g) Availability of Grant Funds.--Any amount awarded under a 
covered grant 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 
Director for award under this section in the following fiscal year.
    ``(h) Effect.--Nothing in this section prohibits--
            ``(1) an Indian tribe from contracting for the 
        administration of a program or activity funded under this 
        section; or
            ``(2) multiple Indian tribes or tribal organizations from 
        forming a consortium for any of the purposes described in this 
        section.
    ``(i) Funding.--
            ``(1) In general.--The grant program established under this 
        section shall be carried out using amounts made available under 
        section 1402(d)(1).
            ``(2) Administrative expenses.--For each fiscal year in 
        which a grant is made or grant funds may be obligated under 
        this section, the Director may use not more than 4 percent of 
        the amounts made available under this section for--
                    ``(A) administration and management of covered 
                grants; and
                    ``(B) training and technical assistance.
    ``(j) Term.--This section shall be effective for the first 10 
fiscal years beginning after the date of enactment of this section.''.
    (b) Funding for Grants for Tribal Victims of Crime.--Section 
1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is 
amended--
            (1) by inserting before paragraph (2) the following:
            ``(1) For each of the 10 fiscal years beginning after the 
        date of enactment of the Securing Urgent Resources Vital to 
        Indian Victim Empowerment Act, 5 percent of the total amount in 
        the Fund available for obligation during a fiscal year shall be 
        made available to the Director to make grants under section 
        1404G.'';
            (2) in paragraph (2)(A), by inserting ``after compliance 
        with paragraph (1)'' after ``deposited in the Fund'';
            (3) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``paragraph (2)'' and inserting ``paragraphs 
        (1) and (2)''; and
            (4) in paragraph (5)(A), by inserting ``(1),'' before 
        ``(2)'' each place that term appears.

SEC. 3. REGULATIONS REGARDING INDIAN TRIBES.

    (a) Existing Regulations.--Any regulation, rule, or guidance 
promulgated by the Director of the Office for Victims of Crime before 
the date of enactment of this Act shall have no force or effect with 
respect to section 1404G of the Victims of Crime Act of 1984, as added 
by section 2.
    (b) Negotiated Rulemaking.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office for Victims 
        of Crime, in consultation with the Secretary of the Interior 
        and Indian tribes (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)) 
        and through notice and comment negotiated rulemaking, following 
        the provisions of subchapter III of chapter 5 of title 5, 
        United States Code (commonly known as the `Negotiated 
        Rulemaking Act of 1990'), shall promulgate final regulations 
        carrying out section 1404G of the Victims of Crime Act of 1984, 
        as added by section 2.
            (2) Requirements.--The Director of the Office for Victims 
        of Crime 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.
                                                       Calendar No. 368

115th CONGRESS

  2d Session

                                S. 1870

                          [Report No. 115-220]

_______________________________________________________________________

                                 A BILL

 To amend the Victims of Crime Act of 1984 to secure urgent resources 
       vital to Indian victims of crime, and for other purposes.

_______________________________________________________________________

                             April 9, 2018

                       Reported without amendment