II 

115TH CONGRESS 

1ST SESSION S. 1870 

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, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Urgent Re5 sources Vital to Indian Victim Empowerment Act’’ or the 

6 ‘‘SURVIVE Act’’. 

7 SEC. 2. INDIAN VICTIMS OF CRIME. 

8 (a) GRANT PROGRAM FOR INDIAN CRIME VICTIM

9 SERVICES.—The Victims of Crime Act of 1984 (34 U.S.C. 


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1 20101 et seq.) is amended by inserting after section 

2 1404F the following: 

3 ‘‘GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES

4 ‘‘SEC. 1404G. (a) DEFINITIONS.—In this section: 

5 ‘‘(1) APPROPRIATE COMMITTEES OF CON6 GRESS.—The term ‘appropriate committees of Con7 gress’ means— 

8 ‘‘(A) the Committee on Indian Affairs of 

9 the Senate; 

10 ‘‘(B) the Subcommittee on Indian, Insular 

11 and Alaska Native Affairs of the Committee on 

12 Natural Resources of the House of Representa13 tives; 

14 ‘‘(C) the Committee on the Judiciary of 

15 the Senate; and 

16 ‘‘(D) the Committee on the Judiciary of 

17 the House of Representatives. 

18 ‘‘(2) COVERED GRANT.—The term ‘covered 

19 grant’ means a grant under subsection (c). 

20 ‘‘(3) ELIGIBLE INDIAN TRIBE.—The term ‘eligi21 ble Indian tribe’ means an Indian tribe that submits 

22 a written proposal for a covered grant to the Direc23 tor in accordance with subsection (c)(2). 

24 ‘‘(4) IMMEDIATE FAMILY MEMBER.—The term 

25 ‘immediate family member’ has the meaning given 


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1 the term in section 115(c) of title 18, United States 

2 Code. 

3 ‘‘(5) INDIAN.—The term ‘Indian’ means a 

4 member of an Indian tribe. 

5 ‘‘(6) INDIAN LAND.—The term ‘Indian land’ 

6 has the meaning given the term ‘Indian lands’ in 

7 section 3 of the Native American Business Develop8 ment, Trade Promotion, and Tourism Act of 2000 

9 (25 U.S.C. 4302). 

10 ‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5304). 

14 ‘‘(8) PERSONALLY IDENTIFYING INFORMA15 TION.—The term ‘personally identifying information’ 

16 has the meaning given the term in section 40002(a) 

17 of the Violence Against Women Act of 1994 (34 

18 U.S.C. 12291(a)). 

19 ‘‘(9) SERVICES TO VICTIMS OF CRIME.—The 

20 term ‘services to victims of crime’— 

21 ‘‘(A) has the meaning given the term in 

22 section 1404; and 

23 ‘‘(B) includes efforts that— 


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1 ‘‘(i) respond to the emotional, psycho2 logical, or physical needs of a victim of 

3 crime; 

4 ‘‘(ii) assist a victim of crime in stabi5 lizing his or her life after victimization; 

6 ‘‘(iii) assist a victim of crime in un7 derstanding and participating in the crimi8 nal justice system; or 

9 ‘‘(iv) restore a measure of security 

10 and safety for a victim of crime. 

11 ‘‘(10) VICTIM OF CRIME.—The term ‘victim of 

12 crime’ means an individual who has suffered direct 

13 physical, sexual, financial, or emotional harm as a 

14 result of the commission of a crime. 

15 ‘‘(b) DUTIES OF THE DIRECTOR.—The Director 

16 shall— 

17 ‘‘(1) administer the grant program described in 

18 subsection (c); 

19 ‘‘(2) provide planning, research, training, and 

20 technical assistance to recipients of covered grants; 

21 and 

22 ‘‘(3) coordinate with the Office of Tribal Jus23 tice, the Indian Health Service, and the Bureau of 

24 Indian Affairs in implementing the grant program 

25 described in subsection (c). 


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1 ‘‘(c) GRANT PROGRAM.— 

2 ‘‘(1) IN GENERAL.—On an annual basis, the 

3 Director shall make grants to eligible Indian tribes 

4 for the purposes of funding— 

5 ‘‘(A) a program, administered by one or 

6 more Indian tribes, that provides services to 

7 victims of crime, which may be provided in tra8 ditional form or through electronic, digital, or 

9 other technological formats, including— 

10 ‘‘(i) services to victims of crime pro11 vided through subgrants to agencies or de12 partments of tribal governments or non13 profit organizations; 

14 ‘‘(ii) domestic violence shelters, rape 

15 crisis centers, child abuse programs, child 

16 advocacy centers, and elder abuse pro17 grams providing services to victims of 

18 crime; 

19 ‘‘(iii) medical care, equipment, treat20 ment, and related evaluations arising from 

21 the victimization, including— 

22 ‘‘(I) emergency medical care and 

23 evaluation, nonemergency medical 

24 care and evaluation, psychological and 

25 psychiatric care and evaluation, and 


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1 other forms of medical assistance, 

2 treatment, or therapy, regardless of 

3 the setting in which the services are 

4 delivered; 

5 ‘‘(II) mental and behavioral 

6 health and crisis counseling, evalua7 tion, and assistance, including out8 patient therapy, counseling services, 

9 substance abuse treatment, and other 

10 forms of specialized treatment, includ11 ing intervention and prevention serv12 ices; 

13 ‘‘(III) prophylactic treatment to 

14 prevent an individual from contracting 

15 HIV/AIDS or any other sexually 

16 transmitted disease or infection; and 

17 ‘‘(IV) forensic medical evidence 

18 collection examinations and forensic 

19 interviews of victims of crime— 

20 ‘‘(aa) to the extent that 

21 other funding sources are un22 available or insufficient; and 

23 ‘‘(bb) on the condition that, 

24 to the extent practicable, the ex25 aminers and interviewers follow 


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1 relevant guidelines or protocols 

2 issued by the State, unit of local 

3 government, or Indian tribe with 

4 jurisdiction over the area in 

5 which the examination or inter6 view is conducted; 

7 ‘‘(iv) legal services, legal assistance 

8 services, and legal clinics (including serv9 ices provided by pro bono legal clinics and 

10 practitioners), the need for which arises di11 rectly from the victimization; 

12 ‘‘(v) the training and certification of 

13 service animals and therapy animals; 

14 ‘‘(vi) equipment for Braille or TTY/ 

15 TTD machines for the deaf necessary to 

16 provide services to victims of crime; 

17 ‘‘(vii) restorative justice opportunities 

18 that allow victims of crime to meet with 

19 the perpetrators if the meetings are volun20 tarily agreed to by the victim of crime and 

21 are for therapeutic purposes; and 

22 ‘‘(viii) training and related materials, 

23 including books, training manuals, and 

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1 viders to develop skills necessary to offer 

2 quality services to victims of crime; 

3 ‘‘(B) development or implementation of 

4 training, technical assistance, or professional 

5 development that improves or enhances the 

6 quality of services to victims of crime, including 

7 coordination between healthcare, education, and 

8 justice systems; 

9 ‘‘(C) transportation of victims of crime 

10 to— 

11 ‘‘(i) receive services; or 

12 ‘‘(ii) participate in criminal justice 

13 proceedings; 

14 ‘‘(D) emergency legal assistance to victims 

15 of crime that is directly connected to the crime; 

16 ‘‘(E) supervision of direct service providers 

17 and contracts for professional or specialized 

18 services that are related directly to providing 

19 services to victims of crime; 

20 ‘‘(F) repair and replacement of essential 

21 items used during the provision of services to 

22 victims of crime to contribute to and maintain 

23 a healthy and safe environment for the victims; 

24 ‘‘(G) transitional housing for victims of 

25 crime, particularly victims who have a parVerDate Sep 11 2014 04:11 Sep 29, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.IS S1870

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1 ticular need for such housing and cannot safely 

2 return to previous housing, including travel, 

3 rental assistance, security deposits, utilities, 

4 and other related costs that are incidental to 

5 the relocation to transitional housing; 

6 ‘‘(H) relocation of victims of crime, par7 ticularly where necessary for the safety and 

8 well-being of the victim, including reasonable 

9 moving expenses, security deposits for housing, 

10 rental expenses, and utility startup costs; 

11 ‘‘(I) coordination of activities that facili12 tate the provision of direct services to victims of 

13 crime; 

14 ‘‘(J) multi-system, inter-agency, multi-dis15 ciplinary response to the needs of victims of 

16 crime; and 

17 ‘‘(K) administration of the program and 

18 services described in this section. 

19 ‘‘(2) ELIGIBILITY.—An Indian tribe seeking a 

20 covered grant shall, in response to a request for pro21 posal, submit to the Director a written proposal for 

22 a covered grant, which shall include— 

23 ‘‘(A) a description of the need for services 

24 and the mission and goals of the activity to be 

25 carried out using the grant; 


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1 ‘‘(B) a description of how amounts re2 ceived under the grant would be used; 

3 ‘‘(C) the proposed annual budget for the 

4 activities for each fiscal year in which amounts 

5 received under the grant may be used; 

6 ‘‘(D) any qualifications, certifications, or 

7 licenses that may be required for individuals in8 volved in administering the program; 

9 ‘‘(E) a certification by the Indian tribe 

10 that, under the law of that Indian tribe or the 

11 law of a State to which the Act of August 15, 

12 1953 (67 Stat. 588, chapter 505) (commonly 

13 known as ‘Public Law 280’) applies— 

14 ‘‘(i) victims of crime are entitled to 

15 the rights and protections described in sec16 tion 3771(a) of title 18, United States 

17 Code, or substantially similar rights and 

18 protections; and 

19 ‘‘(ii) individuals who report crimes are 

20 protected by law from retribution and re21 taliation; 

22 ‘‘(F) a certification by the Indian tribe 

23 that grant funds will be used to supplement and 

24 not supplant other Federal, State, local, and 


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1 tribal funds that are used for the purposes de2 scribed in paragraph (1); 

3 ‘‘(G) a description of any plans or agree4 ments to coordinate services among Federal, 

5 State, local, and tribal governments; and 

6 ‘‘(H) any additional information required 

7 by the Director through written guidance, after 

8 consultation with Indian tribes. 

9 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi10 ent or subrecipient of a covered grant shall not be 

11 required to make a matching contribution for Fed12 eral dollars received. 

13 ‘‘(4) PROHIBITED USES OF FUNDS.—A recipi14 ent or subrecipient of a covered grant may not use 

15 the amounts of the grant for— 

16 ‘‘(A) salaries, benefits, fees, furniture, 

17 equipment, and other expenses of executive di18 rectors, board members, and other administra19 tors, except as specifically allowed under this 

20 section; 

21 ‘‘(B) lobbying and administrative advocacy; 

22 and 

23 ‘‘(C) fundraising activities. 

24 ‘‘(5) ANNUAL REPORT.—A recipient of a cov25 ered grant shall, on an annual basis, submit to the 


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1 Director an itemized budget with a report describing 

2 the purpose for which the grant was used, which 

3 shall include— 

4 ‘‘(A) the purpose for which grant funds 

5 were obligated or spent and the amount of 

6 funds obligated or spent by the recipient or sub7 recipient for each purpose, including, on a quar8 terly basis— 

9 ‘‘(i) the amount of grant funds obli10 gated or spent by the recipient or sub11 recipient for administrative and operational 

12 costs; and 

13 ‘‘(ii) the amount of grant funds obli14 gated or spent by the recipient or sub15 recipient for direct services; 

16 ‘‘(B) the number of individuals served as a 

17 result of the grant; 

18 ‘‘(C) a description, in the aggregate, of the 

19 types of individuals served, including— 

20 ‘‘(i) the alleged crime and injury in21 volved; 

22 ‘‘(ii) whether the victim is an Indian; 

23 and 

24 ‘‘(iii) the age, sex, and tribal affili25 ation of the victim, if applicable; and 


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1 ‘‘(D) a description, in the aggregate, of the 

2 general nature and location of the alleged 

3 crimes involved, including— 

4 ‘‘(i) whether the crime was committed 

5 on Indian land; 

6 ‘‘(ii) whether the alleged perpetrator 

7 is an Indian; 

8 ‘‘(iii) the disposition of the incident; 

9 and 

10 ‘‘(iv) all jurisdictions involved in any 

11 disposition. 

12 ‘‘(6) OBLIGATION TO REPORT FRAUD, WASTE, 

13 OR ABUSE OF GRANT FUNDS.—A recipient or sub14 recipient of a covered grant shall immediately report 

15 to the Director any finding of fraud, waste, or abuse 

16 of grant funds. 

17 ‘‘(d) PROTECTION OF CRIME VICTIM CONFIDEN18 TIALITY AND PRIVACY.— 

19 ‘‘(1) ANNUAL REPORTS.—In order to ensure 

20 the safety of victims of crime and immediate family 

21 members of victims of crime, recipients and sub22 recipients of covered grants shall protect the con23 fidentiality and privacy of individuals receiving serv24 ices from the recipient or subrecipient. 

25 ‘‘(2) NONDISCLOSURE.— 


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1 ‘‘(A) IN GENERAL.—Subject to paragraphs 

2 (3) and (4), a recipient or subrecipient of a cov3 ered grant shall not disclose, reveal, or release 

4 any personally identifying information collected 

5 in connection with any service requested, used, 

6 or denied through a program of the recipient or 

7 subrecipient or require the release of personally 

8 identifying information as a condition of eligi9 bility for the services provided by the recipient 

10 or subrecipient— 

11 ‘‘(i) regardless of whether the infor12 mation has been encoded, encrypted, 

13 hashed, or otherwise protected; and 

14 ‘‘(ii) subject to subparagraph (B) and 

15 the condition that consent for release may 

16 not be given by an abuser of the minor, an 

17 abuser of a parent or guardian of a minor, 

18 or an incapacitated individual, absent the 

19 informed, written, reasonably time-limited 

20 consent of— 

21 ‘‘(I) the individual about whom 

22 information is sought; 

23 ‘‘(II) in the case of an emanci24 pated minor, the minor, and the par25 ent or guardian; or 


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1 ‘‘(III) in the case of legal inca2 pacity, a court-appointed guardian. 

3 ‘‘(B) CERTAIN MINORS AND OTHER INDI4 VIDUALS.—If a minor or individual with a le5 gally appointed guardian may lawfully receive 

6 services without the consent of a parent or 

7 guardian, that minor or individual may consent 

8 to the release of information under subpara9 graph (A)(ii) without the additional consent of 

10 a parent or guardian. 

11 ‘‘(3) RELEASE.—If the release of information 

12 described in paragraph (2) is compelled by a statu13 tory or court mandate, a recipient or subrecipient of 

14 a covered grant shall— 

15 ‘‘(A) make reasonable attempts to provide 

16 notice to victims of crime affected by the disclo17 sure of information; and 

18 ‘‘(B) take steps necessary to protect the 

19 privacy and safety of the individuals affected by 

20 the release of the information. 

21 ‘‘(4) INFORMATION SHARING.—A recipient or 

22 subrecipient of a covered grant may share— 

23 ‘‘(A) data in the aggregate that is not per24 sonally identifying information regarding serv25 ices to clients and demographics in order to 


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1 comply with Federal, State, tribal, or territorial 

2 reporting, evaluation, or data collection require3 ments; 

4 ‘‘(B) court-generated and law enforcement5 generated information contained in secure, gov6 ernmental registries for protection order en7 forcement purposes; and 

8 ‘‘(C) law enforcement-generated and pros9 ecution-generated information necessary for law 

10 enforcement and prosecution purposes. 

11 ‘‘(5) STATUTORILY MANDATED REPORTS OF

12 ABUSE OR NEGLECT.—Nothing in this subsection 

13 shall be construed to prohibit a recipient or sub14 recipient of a covered grant from reporting sus15 pected abuse or neglect of an individual. 

16 ‘‘(6) CONGRESSIONAL OVERSIGHT.— 

17 ‘‘(A) IN GENERAL.—Nothing in this sub18 section shall be construed to prohibit the Direc19 tor from disclosing grant activities authorized 

20 by this section to the appropriate committees of 

21 Congress. 

22 ‘‘(B) REQUIREMENTS.—The Director shall 

23 ensure that a disclosure under subparagraph 

24 (A) protects confidentiality and omits person25 ally identifying information. 


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1 ‘‘(7) CONFIDENTIALITY ASSESSMENT AND AS2 SURANCES.—A recipient or subrecipient of a covered 

3 grant shall document compliance with the confiden4 tiality and privacy requirements of this subsection. 

5 ‘‘(e) OVERSIGHT AND ENFORCEMENT AUTHORITY.— 

6 ‘‘(1) AUTHORITY.—The Director shall— 

7 ‘‘(A) regularly monitor and review covered 

8 grants awarded, which shall include evaluation 

9 of quarterly financial reports for victim services 

10 grants; and 

11 ‘‘(B) conduct investigations and audits— 

12 ‘‘(i) to ensure compliance with all ap13 plicable Federal law; and 

14 ‘‘(ii) to prevent duplication and redun15 dancy in the awarding of covered grants. 

16 ‘‘(2) PERFORMANCE MEASURES AND ENFORCE17 ABLE AGREEMENTS.—The Director shall ensure that 

18 all covered grants are subject to performance meas19 ures and enforceable agreements that allow for thor20 ough program oversight. 

21 ‘‘(3) COMPLIANCE REPORTS TO CONGRESS.— 

22 For fiscal year 2017 and each fiscal year thereafter, 

23 the Director shall submit to the appropriate commit24 tees of Congress an annual compliance report on all 

25 covered grants awarded. 


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1 ‘‘(4) VIOLATIONS.— 

2 ‘‘(A) IN GENERAL.—If, after reasonable 

3 notice and opportunity for a hearing on the 

4 record (subject to subparagraph (B)), the Di5 rector finds that a recipient or subrecipient of 

6 a covered grant has failed to comply substan7 tially with any provision of this section or a 

8 rule, regulation, guideline, or procedure issued 

9 under this section, or an application submitted 

10 in accordance with this section or the provisions 

11 of any other applicable law, the Director shall— 

12 ‘‘(i) terminate payments to the recipi13 ent; 

14 ‘‘(ii) suspend payments to the recipi15 ent until the Director is satisfied that the 

16 noncompliance has ended; or 

17 ‘‘(iii) take any other action that the 

18 Director determines appropriate. 

19 ‘‘(B) SUBRECIPIENTS.—A subrecipient of 

20 a covered grant may not request a hearing 

21 under subparagraph (A) but may assist a re22 cipient in providing information during the 

23 hearing process. 

24 ‘‘(f) TIMELINES.— 


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1 ‘‘(1) NEGOTIATED RULEMAKING.—Not later 

2 than 60 days after the date of enactment of this sec3 tion, the Director shall publish a notice in the Fed4 eral Register to initiate the negotiated rulemaking 

5 described in section 3(b) of the Securing Urgent Re6 sources Vital to Indian Victim Empowerment Act, 

7 which shall be completed not later than 180 days 

8 after that publication. 

9 ‘‘(2) REQUEST FOR PROPOSAL.—Not later than 

10 60 days after the negotiated rulemaking described in 

11 paragraph (1) is complete, the Director shall publish 

12 a request for proposal in the Federal Register for 

13 covered grants. 

14 ‘‘(3) REQUIRED DISBURSAL.—Not later than 

15 January 31 of each of the first 10 fiscal years begin16 ning after the date of enactment of this section, the 

17 Director shall disburse competitive grants to Indian 

18 tribes in accordance with this section. 

19 ‘‘(g) AVAILABILITY OF GRANT FUNDS.—Any amount 

20 awarded under a covered grant that remains unobligated 

21 at the end of the fiscal year in which the grant is made 

22 may be expended for the purpose for which the grant was 

23 made at any time during the 5 succeeding fiscal years, 

24 at the end of which period, any unobligated sums shall 


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1 remain available to the Director for award under this sec2 tion in the following fiscal year. 

3 ‘‘(h) EFFECT.—Nothing in this section prohibits— 

4 ‘‘(1) an Indian tribe from contracting for the 

5 administration of a program or activity funded 

6 under this section; or 

7 ‘‘(2) multiple Indian tribes or tribal organiza8 tions from forming a consortium for any of the pur9 poses described in this section. 

10 ‘‘(i) FUNDING.— 

11 ‘‘(1) IN GENERAL.—The grant program estab12 lished under this section shall be carried out using 

13 amounts made available under section 1402(d)(1). 

14 ‘‘(2) ADMINISTRATIVE EXPENSES.—For each 

15 fiscal year in which a grant is made or grant funds 

16 may be obligated under this section, the Director 

17 may use not more than 4 percent of the amounts 

18 made available under this section for— 

19 ‘‘(A) administration and management of 

20 covered grants; and 

21 ‘‘(B) training and technical assistance. 

22 ‘‘(j) TERM.—This section shall be effective for the 

23 first 10 fiscal years beginning after the date of enactment 

24 of this section.’’. 


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1 (b) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

2 CRIME.—Section 1402(d) of the Victims of Crime Act of 

3 1984 (34 U.S.C. 20101(d)) is amended— 

4 (1) by inserting before paragraph (2) the fol5 lowing: 

6 ‘‘(1) For each of the 10 fiscal years beginning 

7 after the date of enactment of the Securing Urgent 

8 Resources Vital to Indian Victim Empowerment Act, 

9 5 percent of the total amount in the Fund available 

10 for obligation during a fiscal year shall be made 

11 available to the Director to make grants under sec12 tion 1404G.’’; 

13 (2) in paragraph (2)(A), by inserting ‘‘after 

14 compliance with paragraph (1)’’ after ‘‘deposited in 

15 the Fund’’; 

16 (3) in paragraph (3)(A), in the matter pre17 ceding clause (i), by striking ‘‘paragraph (2)’’ and 

18 inserting ‘‘paragraphs (1) and (2)’’; and 

19 (4) in paragraph (5)(A), by inserting ‘‘(1),’’ be20 fore ‘‘(2)’’ each place that term appears. 

21 SEC. 3. REGULATIONS REGARDING INDIAN TRIBES. 

22 (a) EXISTING REGULATIONS.—Any regulation, rule, 

23 or guidance promulgated by the Director of the Office for 

24 Victims of Crime before the date of enactment of this Act 

25 shall have no force or effect with respect to section 1404G 


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1 of the Victims of Crime Act of 1984, as added by section 

2 2. 

3 (b) NEGOTIATED RULEMAKING.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Director of 

6 the Office for Victims of Crime, in consultation with 

7 the Secretary of the Interior and Indian tribes (as 

8 defined in section 4 of the Indian Self-Determination 

9 and Education Assistance Act (25 U.S.C. 5304)) 

10 and through notice and comment negotiated rule11 making, following the provisions of subchapter III of 

12 chapter 5 of title 5, United States Code (commonly 

13 known as the ‘Negotiated Rulemaking Act of 1990’), 

14 shall promulgate final regulations carrying out sec15 tion 1404G of the Victims of Crime Act of 1984, as 

16 added by section 2. 

17 (2) REQUIREMENTS.—The Director of the Of18 fice for Victims of Crime shall ensure that— 

19 (A) not fewer than 2 Indian tribes from 

20 each Bureau of Indian Affairs region partici21 pate in the consultation; and 

22 (B) small, medium, and large land-based 

23 Indian tribes are represented. 

Æ 


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