[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 211 Reported in Senate (RS)]
<DOC>
Calendar No. 84
116th CONGRESS
1st Session
S. 211
[Report No. 116-40]
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
January 24, 2019
Mr. Hoeven (for himself, Mr. Udall, Mr. Barrasso, Mr. Daines, Ms.
Cortez Masto, Mr. Tester, Ms. Smith, Ms. Murkowski, Ms. Cantwell, Ms.
Warren, Ms. McSally, Mr. Merkley, Mr. Sullivan, Mr. Cramer, and Ms.
Stabenow) introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
May 13, 2019
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 `Indian tribe' 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) the 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) the 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) the supervision of direct service providers
and contracts for professional or specialized services
that are related directly to providing services to
victims of crime;
``(F) the 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) the 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) the coordination of activities that
facilitate the provision of direct services to victims
of crime;
``(J) a multi-system, inter-agency, multi-
disciplinary response to the needs of victims of crime;
and
``(K) the 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 the first fiscal
year beginning after the date of enactment of this section 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, a commitment or certification made in the
written proposal submitted under subsection (c)(2), 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 first 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 1404G of the Victims
of Crime Act of 1984, as added by section 2) 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. 84
116th CONGRESS
1st Session
S. 211
[Report No. 116-40]
_______________________________________________________________________
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.
_______________________________________________________________________
May 13, 2019
Reported without amendment
SURVIVE Act
#211 | S Congress #116
Policy Area: Native Americans
Subjects: Administrative law and regulatory proceduresAgingChild safety and welfareCongressional oversightCrime victimsDepartment of JusticeDomestic violence and child abuseEmergency medical services and trauma careEvidence and witnessesHIV/AIDSHealth programs administration and fundingHealth promotion and preventive careIndian social and development programsLaw enforcement administration and fundingLawyers and legal servicesMental healthMinority healthRight of privacySex offenses
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 84. (5/13/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text