II 

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. 

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. TRIBAL VICTIMS OF CRIME. 

8 (a) DEFINITIONS.—Section 3 of the Indian Tribal 

9 Justice Act (25 U.S.C. 3602) is amended— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 1704 IS

1 (1) in paragraph (3), by striking ‘‘The term’’ 

2 and inserting ‘‘Except as provided in section 105, 

3 the term’’; 

4 (2) in paragraph (5), by inserting ‘‘and Victim 

5 Services’’ after ‘‘Support’’; 

6 (3) by adding at the end the following: 

7 ‘‘(9) VICTIM OF CRIME.—The term ‘victim of 

8 crime’ includes any individual directly or proximately 

9 harmed due to the commission of a crime.’’; 

10 (4) by redesignating paragraphs (3) through 

11 (9) as paragraphs (5) through (11), respectively; 

12 and 

13 (5) by inserting after paragraph (2) the fol14 lowing: 

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

16 member of an Indian tribe. 

17 ‘‘(4) INDIAN COUNTRY.—The term ‘Indian 

18 country’ has the meaning given the term in section 

19 1151 of title 18, United States Code.’’. 

20 (b) OFFICE OF TRIBAL JUSTICE SUPPORT AND VIC21 TIMS SERVICES.—Section 101 of the Indian Tribal Justice 

22 Act (25 U.S.C. 3611) is amended— 

23 (1) in the section heading, by inserting ‘‘AND

24 VICTIM SERVICES’’ after ‘‘SUPPORT’’; 

25 (2) in subsection (a)— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 1704 IS

1 (A) in the first sentence— 

2 (i) by inserting ‘‘and Victim Services’’ 

3 after ‘‘Support’’; and 

4 (ii) by striking ‘‘There is’’ and insert5 ing the following: 

6 ‘‘(1) IN GENERAL.—There is’’; 

7 (B) in paragraph (1) (as designated by 

8 subparagraph (A)(ii)), in the second sentence, 

9 by striking ‘‘The purpose’’ and inserting the 

10 following: 

11 ‘‘(2) PURPOSES.—The purposes’’; and 

12 (C) in paragraph (2) (as designated by 

13 subparagraph (B)), by inserting ‘‘and to pro14 vide services to victims of crime’’ after ‘‘Courts 

15 of Indian Offenses’’; 

16 (3) in subsection (b), by inserting ‘‘and Victim 

17 Services’’ after ‘‘Support’’ each place it appears; and 

18 (4) in subsection (c), by adding at the end the 

19 following: 

20 ‘‘(7) Make grants for victims of crime in ac21 cordance with section 105.’’. 

22 (c) GRANT PROGRAM.—The Indian Tribal Justice 

23 Act is amended by inserting after section 104 (25 U.S.C. 

24 3614) the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 1704 IS

1 ‘‘SEC. 105. GRANT PROGRAM FOR TRIBAL CRIME VICTIM 

2 SERVICES. 

3 ‘‘(a) DEFINITION OF INDIAN TRIBE.—In this section, 

4 the term ‘Indian tribe’ has the meaning given the term 

5 in section 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 450b). 

7 ‘‘(b) DUTIES.—The Office shall— 

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

9 subsection (c); and 

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

11 technical assistance to the programs to be carried 

12 out using a grant provided under subsection (c). 

13 ‘‘(c) GRANT PROGRAM.— 

14 ‘‘(1) IN GENERAL.—The Office shall make 

15 grants to Indian tribes for the purposes of fund16 ing— 

17 ‘‘(A) a crime victim compensation program 

18 that provides compensation to victims of crime 

19 for the services described in subparagraphs (A) 

20 through (C) of section 1403(b)(1) of the Vic21 tims of Crime Act of 1984 (42 U.S.C. 

22 10602(b)(1)); 

23 ‘‘(B) services to victims of crime, which 

24 may be provided in traditional form or through 

25 electronic, digital, or other technological for26 mats, including— 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 1704 IS

1 ‘‘(i) services provided through sub2 grants to victim services agencies or de3 partments of tribal governments or non4 profit organizations; 

5 ‘‘(ii) domestic violence shelters, rape 

6 crisis centers, and child advocacy centers 

7 providing services to victims of crime in In8 dian country or in Alaska Native villages; 

9 ‘‘(iii) relocation and transitional hous10 ing for victims of crime and family mem11 bers of victims of crime; 

12 ‘‘(iv) medical care, treatment, and re13 lated evaluations arising from the victim14 ization, including— 

15 ‘‘(I) emergency medical care and 

16 evaluation, nonemergency medical 

17 care and evaluation, psychological and 

18 psychiatric care and evaluation, and 

19 other forms of medical assistance, 

20 treatment, or therapy, regardless of 

21 the setting in which the services are 

22 delivered; 

23 ‘‘(II) mental health and crisis 

24 counseling, evaluation, and assistance, 

25 including outpatient therapy, counVerDate Sep 11 2014 00:16 Jul 08, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1704.IS S1704

SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 1704 IS

1 seling services, referral to substance 

2 abuse treatment, and other forms of 

3 specialized treatment; and 

4 ‘‘(III) prophylactic treatment to 

5 prevent a victim of crime from con6 tracting HIV/AIDS or any other sexu7 ally transmitted disease or infection; 

8 ‘‘(v) medical equipment, such as wheel 

9 chairs, prosthetics, crutches, canes, hearing 

10 aids, and eyeglasses, the need for which 

11 arises directly from the victimization; 

12 ‘‘(vi) legal services, legal assistance 

13 services, and legal clinics (including serv14 ices provided by pro bono legal clinics and 

15 practitioners), the need for which arises di16 rectly from the victimization; 

17 ‘‘(vii) ambulance and other medical 

18 transport and emergency response services; 

19 ‘‘(viii) the training and certification of 

20 service animals and therapy animals; and 

21 ‘‘(ix) forensic interviews, medical eval22 uations, and forensic medical evidence col23 lection examinations for victims of crime, 

24 the need for which arises directly from the 

25 victimization; 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 1704 IS

1 ‘‘(C) the development, establishment, and 

2 operation of programs designed to improve the 

3 handling of, including the investigation and 

4 prosecution of, violent crime cases, particularly 

5 cases of child abuse, domestic violence, sexual 

6 assault, stalking, human trafficking, and iden7 tity theft, in a manner that limits additional 

8 trauma to the victims; 

9 ‘‘(D) housing for tribal law enforcement of10 ficers and other personnel, including victim ad11 vocates, whose work is dedicated to providing 

12 services to victims of crime; 

13 ‘‘(E) the repair, renovation, or rehabilita14 tion of existing facilities used for providing 

15 services to victims of crime, including improve16 ments necessary to comply with the Americans 

17 with Disabilities Act of 1990 (42 U.S.C. 12101 

18 et seq.); 

19 ‘‘(F) communication devices, as necessary 

20 to ensure the safety and security of victims of 

21 crime; 

22 ‘‘(G) the design, development, purchase, 

23 upgrade, improvement, implementation, or sup24 port (including training in the use) of techno25 logical equipment, hardware, technology platVerDate Sep 11 2014 00:16 Jul 08, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1704.IS S1704

SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 1704 IS

1 forms, software, or applications used in pro2 grams providing or managing services to vic3 tims of crime; 

4 ‘‘(H) the development or implementation of 

5 training, technical assistance, or professional 

6 development that improves or enhances the 

7 quality of services to victims of crime; 

8 ‘‘(I) transportation for victims of crime; 

9 ‘‘(J) grant writing activities for grants de10 scribed under this subsection; 

11 ‘‘(K) administration of the program and 

12 services described in this paragraph; 

13 ‘‘(L) activities that impact the delivery and 

14 quality of services and justice to victims of 

15 crime, including strategies to increase the ca16 pacity of Indian tribes to provide services to vic17 tims of crime; and 

18 ‘‘(M) any other services permitted under a 

19 regulation lawfully promulgated by the Attorney 

20 General or Secretary in accordance with this 

21 Act. 

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

23 grant under this subsection shall submit to the Of24 fice a written victim assistance proposal that in25 cludes, at a minimum— 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 1704 IS

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

2 and the mission and goals of the activity to be 

3 carried out using the grant; 

4 ‘‘(B) a description of how amounts re5 ceived under the grant would be used; 

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

7 activities for each fiscal year in which amounts 

8 received under the grant may be used; 

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

10 licenses that may be required for individuals in11 volved in administering the program; 

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

13 that— 

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 under tribal law; and 

19 ‘‘(ii) individuals who report crimes are 

20 protected by law from retribution and re21 taliation; 

22 ‘‘(F) a description of any plans or agree23 ments to coordinate crime victim services 

24 among Federal, State, local, and tribal govern25 ments; and 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 1704 IS

1 ‘‘(G) any additional information required 

2 by the Secretary through written guidance, 

3 after consultation with Indian tribes. 

4 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi5 ent or subrecipient of a grant under this subsection 

6 shall not be required to make a matching contribu7 tion for Federal dollars received. 

8 ‘‘(4) ANNUAL REPORT.—A recipient or sub9 recipient of a grant under this subsection shall, on 

10 an annual basis, submit to the Office a report de11 scribing the purpose for which the grant was used, 

12 which shall include, at a minimum— 

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

14 were obligated and the amount of funds obli15 gated by the recipient or subrecipient for each 

16 purpose, including, on a quarterly basis— 

17 ‘‘(i) the amount of grant funds used 

18 by the recipient or subrecipient for admin19 istrative costs; 

20 ‘‘(ii) the amount of grant funds used 

21 by the recipient or subrecipient for direct 

22 services; and 

23 ‘‘(iii) the amount of grant funds used 

24 by the recipient or subrecipient for capital 

25 investments; 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 1704 IS

1 ‘‘(B) the number of victims served as a re2 sult of the grant; 

3 ‘‘(C) a description of the types of victims 

4 served under a program carried out using the 

5 grant, which, for each victim, shall include, at 

6 a minimum— 

7 ‘‘(i) the alleged crime and injury in8 volved; 

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

10 and 

11 ‘‘(iii) other demographic information, 

12 including the age, sex, and tribal affiliation 

13 of the victim, if applicable; 

14 ‘‘(D) the nature and location of the alleged 

15 crime involved in each incident, including— 

16 ‘‘(i) whether the crime was committed 

17 in Indian country; 

18 ‘‘(ii) whether the alleged perpetrator 

19 is an Indian; and 

20 ‘‘(iii) the disposition of the incident, 

21 including any resulting charge, verdict, 

22 fine, fee, penalty, sentence, dismissal, or 

23 decision to settle or otherwise not pursue 

24 prosecution; and 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 1704 IS

1 ‘‘(E) all jurisdictions involved in any dis2 position. 

3 ‘‘(d) OVERSIGHT AND ENFORCEMENT AUTHORITY.— 

4 ‘‘(1) AUTHORITY.—The Office shall— 

5 ‘‘(A) regularly monitor and review grants 

6 awarded under subsection (c); and 

7 ‘‘(B) conduct investigations and audits— 

8 ‘‘(i) to ensure compliance with all ap9 plicable Federal law; and 

10 ‘‘(ii) to prevent duplication and redun11 dancy in the awarding of grants under 

12 subsection (c). 

13 ‘‘(2) PERFORMANCE MEASURES AND ENFORCE14 ABLE AGREEMENTS.—The Office shall ensure that 

15 all grants awarded under subsection (c), are subject 

16 to performance measures and enforceable agree17 ments that allow for thorough program oversight by 

18 the Secretary. 

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

20 For fiscal year 2017 and each fiscal year thereafter, 

21 the Secretary shall submit to the Committee on In22 dian Affairs of the Senate and the Subcommittee on 

23 Indian, Insular and Alaska Native Affairs of the 

24 House of Representatives an annual compliance re25 port on all grants awarded under subsection (c). 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•S 1704 IS

1 ‘‘(e) DEADLINE FOR AWARDING GRANTS.—Not later 

2 than 180 days after the date on which funding is made 

3 available to carry out this section, the Office shall award 

4 all funds available for grants under this section to eligible 

5 recipients. 

6 ‘‘(f) AVAILABILITY OF GRANT FUNDS.—Any amount 

7 awarded under this section that remains unobligated at 

8 the end of the fiscal year in which the grant is made may 

9 be expended for the purpose for which the grant was made 

10 at any time during the 5 succeeding fiscal years, at the 

11 end of which period, any unobligated sums shall remain 

12 available to the Office for award under this section in the 

13 following fiscal year. 

14 ‘‘(g) EFFECT.—Nothing in this section— 

15 ‘‘(1) precludes an Indian tribe from contracting 

16 with another Indian tribe or tribal organization for 

17 the administration of a program funded under this 

18 subsection; or 

19 ‘‘(2) prevents multiple Indian tribes or tribal 

20 organizations from forming a consortium for any of 

21 the purposes described in this subsection. 

22 ‘‘(h) FUNDING.— 

23 ‘‘(1) IN GENERAL.—The grant program estab24 lished under this section shall be carried out using 

25 funds made available under section 1402(d)(1) of 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•S 1704 IS

1 the Victims of Crime Act of 1984 (42 U.S.C. 

2 10601(d)(1)). 

3 ‘‘(2) ADMINISTRATIVE EXPENSES.—With re4 spect to the grant program under this section only, 

5 for each fiscal year in which a grant is made or 

6 grant funds may be obligated, an amount not to ex7 ceed 4 percent of the funds made available to the 

8 Office under this section may be used by the Office 

9 for administrative expenses, the management and 

10 administration of grants made under this section, 

11 and training and technical assistance. 

12 ‘‘(i) TERM.—This section shall be effective for— 

13 ‘‘(1) the first fiscal year beginning after the 

14 date of enactment of this section; and 

15 ‘‘(2) the 9 fiscal years following such year.’’. 

16 (d) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

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

18 1984 (42 U.S.C. 10601(d)) is amended— 

19 (1) by inserting before paragraph (2) the fol20 lowing: 

21 ‘‘(1) Beginning on October 1, 2015, and each 

22 fiscal year thereafter for a period of 10 fiscal years, 

23 5 percent of the total amount in the Fund available 

24 for obligation during a fiscal year shall be made 

25 available to the Secretary of the Interior to make 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•S 1704 IS

1 grants under section 105 of the Indian Tribal Jus2 tice Act.’’; and 

3 (2) in paragraph (3)(A), in the matter pre4 ceding clause (i), by striking ‘‘paragraph (2)’’ and 

5 inserting ‘‘paragraphs (1) and (2)’’. 

6 SEC. 3. REGULATIONS REGARDING INDIAN TRIBES. 

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

8 or guidance promulgated by the Attorney General or the 

9 Secretary of the Interior before the date of enactment of 

10 this Act shall have no force or effect with respect to sec11 tion 105 of the Indian Tribal Justice Act, as added by 

12 section 2. 

13 (b) NEGOTIATED RULEMAKING.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act, the Secretary of 

16 the Interior, in consultation with Indian tribes (as 

17 defined in section 4 of the Indian Self-Determination 

18 and Education Assistance Act (25 U.S.C. 450b)) 

19 and through notice and comment rulemaking, shall 

20 promulgate final regulations carrying out section 

21 105 of the Indian Tribal Justice Act, as added by 

22 section 2. 

23 (2) REQUIREMENTS.—The Secretary of the In24 terior shall ensure that— 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•S 1704 IS

1 (A) not fewer than 2 Indian tribes from 

2 each Bureau of Indian Affairs region partici3 pate in the consultation; and 

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

5 Indian tribes are represented. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS