II 

Calendar No. 312 

114TH CONGRESS 

1ST SESSION S. 1704 

[Report No. 114–172] 

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, Mr. HOEVEN, Mr. 

MCCAIN, and Mr. FRANKEN) introduced the following bill; which was 

read twice and referred to the Committee on Indian Affairs 

DECEMBER 3, 2015 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 1704 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Urgent Re3 sources Vital to Indian Victim Empowerment Act’’ or the 

4 ‘‘SURVIVE Act’’. 

5 SEC. 2. TRIBAL VICTIMS OF CRIME. 

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

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

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

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

10 the term’’; 

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

12 Services’’ after ‘‘Support’’; 

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

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

15 crime’ includes any individual directly or proximately 

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

17 (4) by redesignating paragraphs (3) through 

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

19 and 

20 (5) by inserting after paragraph (2) the fol21 lowing: 

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

23 member of an Indian tribe. 

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

25 country’ has the meaning given the term in section 

26 1151 of title 18, United States Code.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 1704 RS

1 (b) OFFICE OF TRIBAL JUSTICE SUPPORT AND VIC2 TIMS SERVICES.—Section 101 of the Indian Tribal Justice 

3 Act (25 U.S.C. 3611) is amended— 

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

5 VICTIM SERVICES’’ after ‘‘SUPPORT’’; 

6 (2) in subsection (a)— 

7 (A) in the first sentence— 

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

9 after ‘‘Support’’; and 

10 (ii) by striking ‘‘There is’’ and insert11 ing the following: 

12 ‘‘(1) IN GENERAL.—There is’’; 

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

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

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

16 following: 

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

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

19 subparagraph (B)), by inserting ‘‘and to pro20 vide services to victims of crime’’ after ‘‘Courts 

21 of Indian Offenses’’; 

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

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

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

25 following: 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 1704 RS

1 ‘‘(7) Make grants for victims of crime in ac2 cordance with section 105.’’. 

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

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

5 3614) the following: 

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

7 SERVICES. 

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

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

10 in section 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 450b). 

12 ‘‘(b) DUTIES.—The Office shall— 

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

14 subsection (c); and 

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

16 technical assistance to the programs to be carried 

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

18 ‘‘(c) GRANT PROGRAM.— 

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

20 grants to Indian tribes for the purposes of fund21 ing— 

22 ‘‘(A) a crime victim compensation program 

23 that provides compensation to victims of crime 

24 for the services described in subparagraphs (A) 

25 through (C) of section 1403(b)(1) of the VicVerDate Sep 11 2014 01:55 Dec 04, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1704.RS S1704

SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 1704 RS

1 tims of Crime Act of 1984 (42 U.S.C. 

2 10602(b)(1)); 

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

4 may be provided in traditional form or through 

5 electronic, digital, or other technological for6 mats, including— 

7 ‘‘(i) services provided through sub8 grants to victim services agencies or de9 partments of tribal governments or non10 profit organizations; 

11 ‘‘(ii) domestic violence shelters, rape 

12 crisis centers, and child advocacy centers 

13 providing services to victims of crime in In14 dian country or in Alaska Native villages; 

15 ‘‘(iii) relocation and transitional hous16 ing for victims of crime and family mem17 bers of victims of crime; 

18 ‘‘(iv) medical care, treatment, and re19 lated evaluations arising from the victim20 ization, including— 

21 ‘‘(I) emergency medical care and 

22 evaluation, nonemergency medical 

23 care and evaluation, psychological and 

24 psychiatric care and evaluation, and 

25 other forms of medical assistance, 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 1704 RS

1 treatment, or therapy, regardless of 

2 the setting in which the services are 

3 delivered; 

4 ‘‘(II) mental health and crisis 

5 counseling, evaluation, and assistance, 

6 including outpatient therapy, coun7 seling services, referral to substance 

8 abuse treatment, and other forms of 

9 specialized treatment; and 

10 ‘‘(III) prophylactic treatment to 

11 prevent a victim of crime from con12 tracting HIV/AIDS or any other sexu13 ally transmitted disease or infection; 

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

15 chairs, prosthetics, crutches, canes, hearing 

16 aids, and eyeglasses, the need for which 

17 arises directly from the victimization; 

18 ‘‘(vi) legal services, legal assistance 

19 services, and legal clinics (including serv20 ices provided by pro bono legal clinics and 

21 practitioners), the need for which arises di22 rectly from the victimization; 

23 ‘‘(vii) ambulance and other medical 

24 transport and emergency response services; 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 1704 RS

1 ‘‘(viii) the training and certification of 

2 service animals and therapy animals; and 

3 ‘‘(ix) forensic interviews, medical eval4 uations, and forensic medical evidence col5 lection examinations for victims of crime, 

6 the need for which arises directly from the 

7 victimization; 

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

9 operation of programs designed to improve the 

10 handling of, including the investigation and 

11 prosecution of, violent crime cases, particularly 

12 cases of child abuse, domestic violence, sexual 

13 assault, stalking, human trafficking, and iden14 tity theft, in a manner that limits additional 

15 trauma to the victims; 

16 ‘‘(D) housing for tribal law enforcement of17 ficers and other personnel, including victim ad18 vocates, whose work is dedicated to providing 

19 services to victims of crime; 

20 ‘‘(E) the repair, renovation, or rehabilita21 tion of existing facilities used for providing 

22 services to victims of crime, including improve23 ments necessary to comply with the Americans 

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

25 et seq.); 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 1704 RS

1 ‘‘(F) communication devices, as necessary 

2 to ensure the safety and security of victims of 

3 crime; 

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

5 upgrade, improvement, implementation, or sup6 port (including training in the use) of techno7 logical equipment, hardware, technology plat8 forms, software, or applications used in pro9 grams providing or managing services to vic10 tims of crime; 

11 ‘‘(H) the development or implementation of 

12 training, technical assistance, or professional 

13 development that improves or enhances the 

14 quality of services to victims of crime; 

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

16 ‘‘(J) grant writing activities for grants de17 scribed under this subsection; 

18 ‘‘(K) administration of the program and 

19 services described in this paragraph; 

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

21 quality of services and justice to victims of 

22 crime, including strategies to increase the ca23 pacity of Indian tribes to provide services to vic24 tims of crime; and 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 1704 RS

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

2 regulation lawfully promulgated by the Attorney 

3 General or Secretary in accordance with this 

4 Act. 

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

6 grant under this subsection shall submit to the Of7 fice a written victim assistance proposal that in8 cludes, at a minimum— 

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

10 and the mission and goals of the activity to be 

11 carried out using the grant; 

12 ‘‘(B) a description of how amounts re13 ceived under the grant would be used; 

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

15 activities for each fiscal year in which amounts 

16 received under the grant may be used; 

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

18 licenses that may be required for individuals in19 volved in administering the program; 

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

21 that— 

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

23 the rights and protections described in sec24 tion 3771(a) of title 18, United States 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 1704 RS

1 Code, or substantially similar rights and 

2 protections under tribal law; and 

3 ‘‘(ii) individuals who report crimes are 

4 protected by law from retribution and re5 taliation; 

6 ‘‘(F) a description of any plans or agree7 ments to coordinate crime victim services 

8 among Federal, State, local, and tribal govern9 ments; and 

10 ‘‘(G) any additional information required 

11 by the Secretary through written guidance, 

12 after consultation with Indian tribes. 

13 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi14 ent or subrecipient of a grant under this subsection 

15 shall not be required to make a matching contribu16 tion for Federal dollars received. 

17 ‘‘(4) ANNUAL REPORT.—A recipient or sub18 recipient of a grant under this subsection shall, on 

19 an annual basis, submit to the Office a report de20 scribing the purpose for which the grant was used, 

21 which shall include, at a minimum— 

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

23 were obligated and the amount of funds obli24 gated by the recipient or subrecipient for each 

25 purpose, including, on a quarterly basis— 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 1704 RS

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

2 by the recipient or subrecipient for admin3 istrative costs; 

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

5 by the recipient or subrecipient for direct 

6 services; and 

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

8 by the recipient or subrecipient for capital 

9 investments; 

10 ‘‘(B) the number of victims served as a re11 sult of the grant; 

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

13 served under a program carried out using the 

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

15 a minimum— 

16 ‘‘(i) the alleged crime and injury in17 volved; 

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

19 and 

20 ‘‘(iii) other demographic information, 

21 including the age, sex, and tribal affiliation 

22 of the victim, if applicable; 

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

24 crime involved in each incident, including— 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 1704 RS

1 ‘‘(i) whether the crime was committed 

2 in Indian country; 

3 ‘‘(ii) whether the alleged perpetrator 

4 is an Indian; and 

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

6 including any resulting charge, verdict, 

7 fine, fee, penalty, sentence, dismissal, or 

8 decision to settle or otherwise not pursue 

9 prosecution; and 

10 ‘‘(E) all jurisdictions involved in any dis11 position. 

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

13 ‘‘(1) AUTHORITY.—The Office shall— 

14 ‘‘(A) regularly monitor and review grants 

15 awarded under subsection (c); and 

16 ‘‘(B) conduct investigations and audits— 

17 ‘‘(i) to ensure compliance with all ap18 plicable Federal law; and 

19 ‘‘(ii) to prevent duplication and redun20 dancy in the awarding of grants under 

21 subsection (c). 

22 ‘‘(2) PERFORMANCE MEASURES AND ENFORCE23 ABLE AGREEMENTS.—The Office shall ensure that 

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

25 to performance measures and enforceable agreeVerDate Sep 11 2014 01:55 Dec 04, 2015 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1704.RS S1704

SSpencer on DSK4SPTVN1PROD with BILLS
13 

•S 1704 RS

1 ments that allow for thorough program oversight by 

2 the Secretary. 

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

4 For fiscal year 2017 and each fiscal year thereafter, 

5 the Secretary shall submit to the Committee on In6 dian Affairs of the Senate and the Subcommittee on 

7 Indian, Insular and Alaska Native Affairs of the 

8 House of Representatives an annual compliance re9 port on all grants awarded under subsection (c). 

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

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

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

13 all funds available for grants under this section to eligible 

14 recipients. 

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

16 awarded under this section that remains unobligated at 

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

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

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

20 end of which period, any unobligated sums shall remain 

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

22 following fiscal year. 

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

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

25 with another Indian tribe or tribal organization for 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•S 1704 RS

1 the administration of a program funded under this 

2 subsection; or 

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

4 organizations from forming a consortium for any of 

5 the purposes described in this subsection. 

6 ‘‘(h) FUNDING.— 

7 ‘‘(1) IN GENERAL.—The grant program estab8 lished under this section shall be carried out using 

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

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

11 10601(d)(1)). 

12 ‘‘(2) ADMINISTRATIVE EXPENSES.—With re13 spect to the grant program under this section only, 

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

15 grant funds may be obligated, an amount not to ex16 ceed 4 percent of the funds made available to the 

17 Office under this section may be used by the Office 

18 for administrative expenses, the management and 

19 administration of grants made under this section, 

20 and training and technical assistance. 

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

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

23 date of enactment of this section; and 

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


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•S 1704 RS

1 (d) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

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

3 1984 (42 U.S.C. 10601(d)) is amended— 

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

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

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

8 5 percent of the total amount in the Fund available 

9 for obligation during a fiscal year shall be made 

10 available to the Secretary of the Interior to make 

11 grants under section 105 of the Indian Tribal Jus12 tice Act.’’; and 

13 (2) in paragraph (3)(A), in the matter pre14 ceding clause (i), by striking ‘‘paragraph (2)’’ and 

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

16 SEC. 3. REGULATIONS REGARDING INDIAN TRIBES. 

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

18 or guidance promulgated by the Attorney General or the 

19 Secretary of the Interior before the date of enactment of 

20 this Act shall have no force or effect with respect to sec21 tion 105 of the Indian Tribal Justice Act, as added by 

22 section 2. 

23 (b) NEGOTIATED RULEMAKING.— 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•S 1704 RS

1 the Interior, in consultation with Indian tribes (as 

2 defined in section 4 of the Indian Self-Determination 

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

4 and through notice and comment rulemaking, shall 

5 promulgate final regulations carrying out section 

6 105 of the Indian Tribal Justice Act, as added by 

7 section 2. 

8 (2) REQUIREMENTS.—The Secretary of the In9 terior shall ensure that— 

10 (A) not fewer than 2 Indian tribes from 

11 each Bureau of Indian Affairs region partici12 pate in the consultation; and 

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

14 Indian tribes are represented. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Securing Urgent Re17 sources Vital to Indian Victim Empowerment Act’’ or the 

18 ‘‘SURVIVE Act’’. 

19 SEC. 2. TRIBAL VICTIMS OF CRIME. 

20 (a) DEFINITIONS.—Section 3 of the Indian Tribal Jus21 tice Act (25 U.S.C. 3602) is amended— 

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

23 and inserting ‘‘Except as provided in section 105, the 

24 term’’; 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•S 1704 RS

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

2 Services’’ after ‘‘Support’’; 

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

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

5 crime’ means a person that has suffered direct phys6 ical, emotional, or pecuniary harm as a result of the 

7 commission of a crime.’’; 

8 (4) by redesignating paragraphs (3) through (9) 

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

10 (5) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) INDIAN.—The term ‘Indian’ means a mem13 ber of an Indian tribe. 

14 ‘‘(4) INDIAN COUNTRY.—The term ‘Indian coun15 try’ has the meaning given the term in section 1151 

16 of title 18, United States Code.’’. 

17 (b) OFFICE OF TRIBAL JUSTICE SUPPORT AND VIC18 TIMS SERVICES.—Section 101 of the Indian Tribal Justice 

19 Act (25 U.S.C. 3611) is amended— 

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

21 VICTIM SERVICES’’ after ‘‘SUPPORT’’; 

22 (2) in subsection (a)— 

23 (A) in the first sentence— 

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

25 after ‘‘Support’’; and 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•S 1704 RS

1 (ii) by striking ‘‘There is’’ and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—There is’’; 

4 (B) in paragraph (1) (as designated by sub5 paragraph (A)(ii)), in the second sentence, by 

6 striking ‘‘The purpose’’ and inserting the fol7 lowing: 

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

9 (C) in paragraph (2) (as designated by sub10 paragraph (B)), by inserting ‘‘and to provide 

11 services to victims of crime’’ after ‘‘Courts of In12 dian Offenses’’; 

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

14 Services’’ after ‘‘Support’’ each place it appears; 

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

16 following: 

17 ‘‘(7) Make grants for victims of crime in accord18 ance with section 105.’’; and 

19 (5) in subsection (e)(1), in the first sentence of 

20 the matter preceding subparagraph (A), by inserting 

21 ‘‘and timely notice regarding technical assistance and 

22 training resources and activities of the Office’’ before 

23 the period at the end. 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•S 1704 RS

1 (c) GRANT PROGRAM.—The Indian Tribal Justice Act 

2 is amended by inserting after section 104 (25 U.S.C. 3614) 

3 the following: 

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

5 SERVICES AND COMPENSATION. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) IMMEDIATE FAMILY MEMBER.—The term 

8 ‘immediate family member’ has the meaning given 

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

10 Code. 

11 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has 

12 the meaning given the term in section 4 of the Indian 

13 Self-Determination and Education Assistance Act (25 

14 U.S.C. 450b). 

15 ‘‘(3) PERSONALLY IDENTIFYING INFORMATION.— 

16 The term ‘personally identifying information’ has the 

17 meaning given the term ‘personally identifying infor18 mation or personal information’ in section 40002(a) 

19 of the Violence Against Women Act of 1994 (42 

20 U.S.C. 13925(a)). 

21 ‘‘(b) DUTIES.—The Office shall— 

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

23 subsection (c); and 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•S 1704 RS

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

2 technical assistance to grant recipients for grants pro3 vided under subsection (c). 

4 ‘‘(c) GRANT PROGRAM.— 

5 ‘‘(1) IN GENERAL.—On an annual basis, the Of6 fice shall make competitive grants to Indian tribes for 

7 the purposes of funding— 

8 ‘‘(A) a crime victim compensation program, 

9 administered by 1 or more Indian tribes, that 

10 provides compensation to victims of crime and 

11 survivors of victims of crime in accordance with 

12 paragraphs (1), (2), (6)(A), (7), and (8) of sub13 section (b) and subsections (c) and (e) of section 

14 1403 of the Victims of Crime Act of 1984 (42 

15 U.S.C. 10602), on the condition that any ref16 erence to a State or a jurisdiction of a State in 

17 those subsections shall be considered a reference 

18 to an Indian tribe or the jurisdiction of an In19 dian tribe; 

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

21 may be provided in traditional form or through 

22 electronic, digital, or other technological formats, 

23 including— 

24 ‘‘(i) services provided through sub25 grants to victim services agencies or departVerDate Sep 11 2014 01:55 Dec 04, 2015 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S1704.RS S1704

SSpencer on DSK4SPTVN1PROD with BILLS
21 

•S 1704 RS

1 ments of tribal governments or nonprofit or2 ganizations; 

3 ‘‘(ii) domestic violence shelters, rape 

4 crisis centers, and child advocacy centers 

5 providing services to victims of crime in In6 dian country or in Alaska Native villages; 

7 ‘‘(iii) relocation and transitional hous8 ing for victims of crime and immediate 

9 family members of victims of crime; 

10 ‘‘(iv) medical care, treatment, and re11 lated evaluations arising from the victim12 ization, including— 

13 ‘‘(I) emergency medical care and 

14 evaluation, nonemergency medical care 

15 and evaluation, psychological and psy16 chiatric care and evaluation, and other 

17 forms of medical assistance, treatment, 

18 or therapy, regardless of the setting in 

19 which the services are delivered; 

20 ‘‘(II) mental health and crisis 

21 counseling, evaluation, and assistance, 

22 including outpatient therapy, coun23 seling services, substance abuse treat24 ment, and other forms of specialized 


SSpencer on DSK4SPTVN1PROD with BILLS
22 

•S 1704 RS

1 treatment, including intervention and 

2 prevention services; and 

3 ‘‘(III) prophylactic treatment to 

4 prevent a victim of crime from con5 tracting HIV/AIDS or any other sexu6 ally transmitted disease or infection; 

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

8 chairs, prosthetics, crutches, canes, hearing 

9 aids, and eyeglasses, the need for which 

10 arises directly from the victimization; 

11 ‘‘(vi) legal services, legal assistance 

12 services, and legal clinics (including services 

13 provided by pro bono legal clinics and prac14 titioners), the need for which arises directly 

15 from the victimization; 

16 ‘‘(vii) ambulance and other medical 

17 transport and emergency response services; 

18 ‘‘(viii) the training and certification of 

19 service animals and therapy animals; and 

20 ‘‘(ix) forensic interviews, medical eval21 uations, and forensic medical evidence col22 lection examinations for victims of crime, 

23 the need for which arises directly from the 

24 victimization; 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

•S 1704 RS

1 ‘‘(C) the development, establishment, coordi2 nation, and operation of programs designed to 

3 improve the handling of, including the investiga4 tion and prosecution of, violent crime cases, par5 ticularly cases of child abuse, domestic violence, 

6 sexual assault, stalking, human trafficking, and 

7 identity theft, in a manner that limits addi8 tional trauma to the victims; 

9 ‘‘(D) housing for law enforcement officers 

10 and other personnel, including victim advocates, 

11 whose work is dedicated to providing services to 

12 victims of crime in Indian country or Alaska 

13 Native villages; 

14 ‘‘(E) the repair, renovation, or rehabilita15 tion of existing facilities used for providing serv16 ices to victims of crime, including improvements 

17 necessary to comply with the Americans with 

18 Disabilities Act of 1990 (42 U.S.C. 12101 et 

19 seq.); 

20 ‘‘(F) communication devices, as necessary to 

21 ensure the safety and security of victims of 

22 crime; 

23 ‘‘(G) the design, development, purchase, up24 grade, improvement, implementation, or support 

25 (including training in the use) of technological 


SSpencer on DSK4SPTVN1PROD with BILLS
24 

•S 1704 RS

1 equipment, hardware, technology platforms, soft2 ware, or applications used in programs pro3 viding or managing services to victims of crime; 

4 ‘‘(H) the development or implementation of 

5 training, technical assistance, or professional de6 velopment that improves or enhances the quality 

7 of services to victims of crime, including coordi8 nation between healthcare, education, and justice 

9 systems; 

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

11 ‘‘(J) grant writing activities for grants de12 scribed under this section; 

13 ‘‘(K) administration of the program and 

14 services described in this section; 

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

16 quality of services to victims of crime, including 

17 strategies to increase the capacity of Indian 

18 tribes to provide services to victims of crime; and 

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

20 regulation lawfully promulgated by the Secretary 

21 in accordance with this Act. 

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

23 grant under this section shall, in response to a request 

24 for proposal, submit to the Office a written proposal 


SSpencer on DSK4SPTVN1PROD with BILLS
25 

•S 1704 RS

1 for victim services and compensation grants, which 

2 shall include— 

3 ‘‘(A) a description of the need for services or 

4 compensation and the mission and goals of the 

5 activity to be carried out using the grant; 

6 ‘‘(B) a description of how amounts received 

7 under the grant would be used; 

8 ‘‘(C) the proposed annual budget for the ac9 tivities for each fiscal year in which amounts re10 ceived under the grant may be used; 

11 ‘‘(D) any qualifications, certifications, or li12 censes that may be required for individuals in13 volved in administering the program; 

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

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

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

17 1953 (67 Stat. 588, chapter 505) (commonly 

18 known as ‘Public Law 280’) applies— 

19 ‘‘(i) victims of crime are entitled to the 

20 rights and protections described in section 

21 3771(a) of title 18, United States Code, or 

22 substantially similar rights and protections; 

23 and 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

•S 1704 RS

1 ‘‘(ii) individuals who report crimes are 

2 protected by law from retribution and retal3 iation; 

4 ‘‘(F) a description of any plans or agree5 ments to coordinate crime victim services among 

6 Federal, State, local, and tribal governments; 

7 and 

8 ‘‘(G) any additional information required 

9 by the Secretary through written guidance, after 

10 consultation with Indian tribes. 

11 ‘‘(3) NO MATCHING REQUIREMENT.—A recipient 

12 or subrecipient of a grant under subsection (c) shall 

13 not be required to make a matching contribution for 

14 Federal dollars received. 

15 ‘‘(4) ANNUAL REPORT.—A recipient of a grant 

16 under this subsection shall, on an annual basis, sub17 mit to the Office an itemized budget with a report de18 scribing the purpose for which the grant was used, 

19 which shall include— 

20 ‘‘(A) the purpose for which grant funds were 

21 obligated and the amount of funds obligated by 

22 the recipient or subrecipient for each purpose, 

23 including, on a quarterly basis— 


SSpencer on DSK4SPTVN1PROD with BILLS
27 

•S 1704 RS

1 ‘‘(i) the amount of grant funds used by 

2 the recipient or subrecipient for administra3 tive and operational costs; 

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

5 by the recipient or subrecipient for direct 

6 services; and 

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

8 by the recipient or subrecipient for com9 pensation; 

10 ‘‘(B) the number of victims served as a re11 sult of the grant; 

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

13 types of victims served, including— 

14 ‘‘(i) the alleged crime and injury in15 volved; 

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

17 and 

18 ‘‘(iii) the age, sex, and tribal affili19 ation of the victim, if applicable; and 

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

21 general nature and location of the alleged crimes 

22 involved, including— 

23 ‘‘(i) whether the crime was committed 

24 in Indian country or an Alaska Native vil25 lage; 


SSpencer on DSK4SPTVN1PROD with BILLS
28 

•S 1704 RS

1 ‘‘(ii) whether the alleged perpetrator is 

2 an Indian; 

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

4 and 

5 ‘‘(iv) all jurisdictions involved in any 

6 disposition. 

7 ‘‘(d) PROTECTION OF CRIME VICTIM CONFIDENTIALITY

8 AND PRIVACY.— 

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

10 safety of victims of crime and immediate family 

11 members of victims of crime, recipients and subrecipi12 ents of grants under this section shall protect the con13 fidentiality and privacy of individuals receiving serv14 ices from the recipient of the grant. 

15 ‘‘(2) NONDISCLOSURE.— 

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

17 (3) and (4), a recipient or subrecipient of a 

18 grant under this section shall not disclose, reveal, 

19 or release any personally identifying informa20 tion collected in connection with any service re21 quested, used, or denied through a program of 

22 the recipient or require the release of personally 

23 identifying information as a condition of eligi24 bility for the services provided by the grantee— 


SSpencer on DSK4SPTVN1PROD with BILLS
29 

•S 1704 RS

1 ‘‘(i) regardless of whether the informa2 tion has been encoded, encrypted, hashed, or 

3 otherwise protected; and 

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

5 the condition that consent for release may 

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

7 abuser of a parent or guardian of a minor, 

8 or an incapacitated person, absent the in9 formed, written, reasonably time-limited 

10 consent of— 

11 ‘‘(I) the individual about whom 

12 information is sought; 

13 ‘‘(II) in the case of an emanci14 pated minor, the minor and the parent 

15 or guardian; or 

16 ‘‘(III) in the case of legal inca17 pacity, a court-appointed guardian. 

18 ‘‘(B) CERTAIN MINORS AND OTHER INDIVID19 UALS.—If a minor or individual with a legally 

20 appointed guardian may lawfully receive serv21 ices without the consent of a parent or guardian, 

22 that minor or individual may consent to the re23 lease of information under subparagraph (A)(ii) 

24 without the additional consent of a parent or 

25 guardian. 


SSpencer on DSK4SPTVN1PROD with BILLS
30 

•S 1704 RS

1 ‘‘(3) RELEASE.—If the release of information de2 scribed in paragraph (2) is compelled by a statutory 

3 or court mandate, a recipient or subrecipient of a 

4 grant under this section shall— 

5 ‘‘(A) make reasonable attempts to provide 

6 notice to victims of crime affected by the disclo7 sure of information; and 

8 ‘‘(B) take steps necessary to protect the pri9 vacy and safety of the individuals affected by the 

10 release of the information. 

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

12 subrecipient of a grant under this section may 

13 share— 

14 ‘‘(A) data in the aggregate that is not per15 sonally identifying information regarding serv16 ices to clients and demographics in order to com17 ply with Federal, State, tribal, or territorial re18 porting, evaluation, or data collection require19 ments; 

20 ‘‘(B) court-generated and law enforcement21 generated information contained in secure, gov22 ernmental registries for protection order enforce23 ment purposes; and 


SSpencer on DSK4SPTVN1PROD with BILLS
31 

•S 1704 RS

1 ‘‘(C) law enforcement-generated and pros2 ecution-generated information necessary for law 

3 enforcement and prosecution purposes. 

4 ‘‘(5) STATUTORILY MANDATED REPORTS OF

5 ABUSE OR NEGLECT.—Nothing in this subsection pro6 hibits a recipient or subrecipient of a grant under 

7 this section from reporting suspected abuse or neglect. 

8 ‘‘(6) CONGRESSIONAL OVERSIGHT.— 

9 ‘‘(A) IN GENERAL.—Nothing in this sub10 section prevents the Secretary from disclosing 

11 grant activities authorized by this section to the 

12 Committee on Indian Affairs of the Senate and 

13 the Subcommittee on Indian, Insular and Alaska 

14 Native Affairs of the House of Representatives. 

15 ‘‘(B) REQUIREMENTS.—A disclosure under 

16 subparagraph (A) shall protect confidentiality 

17 and omit personally identifying information. 

18 ‘‘(7) CONFIDENTIALITY ASSESSMENT AND ASSUR19 ANCES.—A recipient or subrecipient of a grant under 

20 this section shall document compliance with the con21 fidentiality and privacy requirements of this sub22 section. 

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

24 ‘‘(1) AUTHORITY.—The Secretary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
32 

•S 1704 RS

1 ‘‘(A) regularly monitor and review grants 

2 awarded under subsection (c), which shall in3 clude evaluation of quarterly financial reports 

4 for victim services and compensation grants; and 

5 ‘‘(B) conduct investigations and audits— 

6 ‘‘(i) to ensure compliance with all ap7 plicable Federal law; and 

8 ‘‘(ii) to prevent duplication and redun9 dancy in the awarding of grants under sub10 section (c). 

11 ‘‘(2) PERFORMANCE MEASURES AND ENFORCE12 ABLE AGREEMENTS.—The Secretary shall ensure that 

13 all grants awarded under subsection (c) are subject to 

14 performance measures and enforceable agreements 

15 that allow for thorough program oversight. 

16 ‘‘(3) COMPLIANCE REPORTS TO CONGRESS.—For 

17 fiscal year 2017 and each fiscal year thereafter, the 

18 Secretary of the Interior shall submit to the Com19 mittee on Indian Affairs of the Senate and the Sub20 committee on Indian, Insular and Alaska Native Af21 fairs of the House of Representatives an annual com22 pliance report on all grants awarded under subsection 

23 (c). 

24 ‘‘(f) TIMELINES.— 


SSpencer on DSK4SPTVN1PROD with BILLS
33 

•S 1704 RS

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

2 60 days after the date of enactment of this section, the 

3 Secretary shall publish a notice in the Federal Reg4 ister to initiate the negotiated rulemaking described 

5 in section 3(b) of the Securing Urgent Resources Vital 

6 to Indian Victim Empowerment Act, which shall be 

7 completed not later than 180 days after that publica8 tion. 

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

10 60 days after the negotiated rulemaking described in 

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

12 a request for proposal in the Federal Register for 

13 grants under this section. 

14 ‘‘(3) REQUIRED DISBURSAL.—Beginning in the 

15 first full fiscal year succeeding the date of enactment 

16 of this section, and in each fiscal year thereafter for 

17 a period of 10 years, the Office shall disburse com18 petitive grants to Indian tribes in accordance with 

19 this Act not later than 120 days after October 1 of 

20 each year. 

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

22 awarded under this section that remains unobligated at the 

23 end of the fiscal year in which the grant is made may be 

24 expended for the purpose for which the grant was made at 

25 any time during the 5 succeeding fiscal years, at the end 


SSpencer on DSK4SPTVN1PROD with BILLS
34 

•S 1704 RS

1 of which period, any unobligated sums shall remain avail2 able to the Office for award under this section in the fol3 lowing fiscal year. 

4 ‘‘(h) EFFECT.—Nothing in this section— 

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

6 for the administration of a program or activity fund7 ed under this Act; or 

8 ‘‘(2) prevents multiple Indian tribes or tribal or9 ganizations from forming a consortium for any of the 

10 purposes described in this Act. 

11 ‘‘(i) FUNDING.— 

12 ‘‘(1) IN GENERAL.—The grant program estab13 lished under this section shall be carried out using 

14 funds made available under section 1402(d)(1) of the 

15 Victims of Crime Act of 1984 (42 U.S.C. 

16 10601(d)(1)). 

17 ‘‘(2) ADMINISTRATIVE EXPENSES.—With respect 

18 to the grant program under this section only, for each 

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

20 may be obligated, an amount not to exceed 4 percent 

21 of the funds made available to the Office under this 

22 section may be used by the Office for administrative 

23 expenses, the management and administration of 

24 grants made under this section, and training and 

25 technical assistance. 


SSpencer on DSK4SPTVN1PROD with BILLS
35 

•S 1704 RS

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

2 ‘‘(1) the first fiscal year beginning after the date 

3 of enactment of this section; and 

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

5 (d) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

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

7 1984 (42 U.S.C. 10601(d)) is amended— 

8 (1) by inserting before paragraph (2) the fol9 lowing: 

10 ‘‘(1) Beginning on October 1, 2015, and each fis11 cal year thereafter for a period of 10 fiscal years, 5 

12 percent of the total amount in the Fund available for 

13 obligation during a fiscal year shall be made avail14 able to the Secretary of the Interior to make grants 

15 under section 105 of the Indian Tribal Justice Act.’’; 

16 and 

17 (2) in paragraph (3)(A), in the matter preceding 

18 clause (i), by striking ‘‘paragraph (2)’’ and inserting 

19 ‘‘paragraphs (1) and (2)’’. 

20 SEC. 3. REGULATIONS REGARDING INDIAN TRIBES. 

21 (a) EXISTING REGULATIONS.—Any regulation, rule, or 

22 guidance promulgated by the Attorney General or the Sec23 retary of the Interior before the date of enactment of this 

24 Act shall have no force or effect with respect to section 105 

25 of the Indian Tribal Justice Act, as added by section 2. 


SSpencer on DSK4SPTVN1PROD with BILLS
36 

•S 1704 RS

1 (b) NEGOTIATED RULEMAKING.— 

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

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

4 Interior, in consultation with Indian tribes (as de5 fined in section 4 of the Indian Self-Determination 

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

7 through notice and comment rulemaking, shall pro8 mulgate final regulations carrying out section 105 of 

9 the Indian Tribal Justice Act, as added by section 2. 

10 (2) REQUIREMENTS.—The Secretary of the Inte11 rior shall ensure that— 

12 (A) not fewer than 2 Indian tribes from 

13 each Bureau of Indian Affairs region participate 

14 in the consultation; and 

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

16 Indian tribes are represented. 


SSpencer on DSK4SPTVN1PROD with BILLS

SSpencer on DSK4SPTVN1PROD with BILLS
Calendar No. 312 

114TH CONGRESS 

1ST SESSION S. 1704 

[Report No. 114–172] 

A BILL 

To amend the Indian Tribal Justice Act to secure 

and for other purposes. urgent resources vital to Indian victims of crime, 

DECEMBER 3, 2015 

Reported with an amendment 


SSpencer on DSK4SPTVN1PROD with BILLS