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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1704 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Securing Urgent Resources 
Vital to Indian Victim Empowerment Act'' or the ``SURVIVE 
Act''.</DELETED>

<DELETED>SEC. 2. TRIBAL VICTIMS OF CRIME.</DELETED>

<DELETED>    (a) Definitions.--Section 3 of the Indian Tribal Justice 
Act (25 U.S.C. 3602) is amended--</DELETED>
        <DELETED>    (1) in paragraph (3), by striking ``The term'' and 
        inserting ``Except as provided in section 105, the 
        term'';</DELETED>
        <DELETED>    (2) in paragraph (5), by inserting ``and Victim 
        Services'' after ``Support'';</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(9) Victim of crime.--The term `victim of crime' 
        includes any individual directly or proximately harmed due to 
        the commission of a crime.'';</DELETED>
        <DELETED>    (4) by redesignating paragraphs (3) through (9) as 
        paragraphs (5) through (11), respectively; and</DELETED>
        <DELETED>    (5) by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) Indian.--The term `Indian' means a member of 
        an Indian tribe.</DELETED>
        <DELETED>    ``(4) Indian country.--The term `Indian country' 
        has the meaning given the term in section 1151 of title 18, 
        United States Code.''.</DELETED>
<DELETED>    (b) Office of Tribal Justice Support and Victims 
Services.--Section 101 of the Indian Tribal Justice Act (25 U.S.C. 
3611) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by inserting ``and 
        victim services'' after ``support'';</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) in the first sentence--</DELETED>
                        <DELETED>    (i) by inserting ``and Victim 
                        Services'' after ``Support''; and</DELETED>
                        <DELETED>    (ii) by striking ``There is'' and 
                        inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--There is'';</DELETED>
                <DELETED>    (B) in paragraph (1) (as designated by 
                subparagraph (A)(ii)), in the second sentence, by 
                striking ``The purpose'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(2) Purposes.--The purposes''; and</DELETED>
                <DELETED>    (C) in paragraph (2) (as designated by 
                subparagraph (B)), by inserting ``and to provide 
                services to victims of crime'' after ``Courts of Indian 
                Offenses'';</DELETED>
        <DELETED>    (3) in subsection (b), by inserting ``and Victim 
        Services'' after ``Support'' each place it appears; 
        and</DELETED>
        <DELETED>    (4) in subsection (c), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(7) Make grants for victims of crime in 
        accordance with section 105.''.</DELETED>
<DELETED>    (c) Grant Program.--The Indian Tribal Justice Act is 
amended by inserting after section 104 (25 U.S.C. 3614) the 
following:</DELETED>

<DELETED>``SEC. 105. GRANT PROGRAM FOR TRIBAL CRIME VICTIM 
              SERVICES.</DELETED>

<DELETED>    ``(a) Definition of Indian Tribe.--In this section, the 
term `Indian tribe' has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b).</DELETED>
<DELETED>    ``(b) Duties.--The Office shall--</DELETED>
        <DELETED>    ``(1) administer the grant program described in 
        subsection (c); and</DELETED>
        <DELETED>    ``(2) provide planning, research, training, and 
        technical assistance to the programs to be carried out using a 
        grant provided under subsection (c).</DELETED>
<DELETED>    ``(c) Grant Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Office shall make grants to 
        Indian tribes for the purposes of funding--</DELETED>
                <DELETED>    ``(A) a crime victim compensation program 
                that provides compensation to victims of crime for the 
                services described in subparagraphs (A) through (C) of 
                section 1403(b)(1) of the Victims of Crime Act of 1984 
                (42 U.S.C. 10602(b)(1));</DELETED>
                <DELETED>    ``(B) services to victims of crime, which 
                may be provided in traditional form or through 
                electronic, digital, or other technological formats, 
                including--</DELETED>
                        <DELETED>    ``(i) services provided through 
                        subgrants to victim services agencies or 
                        departments of tribal governments or nonprofit 
                        organizations;</DELETED>
                        <DELETED>    ``(ii) domestic violence shelters, 
                        rape crisis centers, and child advocacy centers 
                        providing services to victims of crime in 
                        Indian country or in Alaska Native 
                        villages;</DELETED>
                        <DELETED>    ``(iii) relocation and 
                        transitional housing for victims of crime and 
                        family members of victims of crime;</DELETED>
                        <DELETED>    ``(iv) medical care, treatment, 
                        and related evaluations arising from the 
                        victimization, including--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) mental health and 
                                crisis counseling, evaluation, and 
                                assistance, including outpatient 
                                therapy, counseling services, referral 
                                to substance abuse treatment, and other 
                                forms of specialized treatment; 
                                and</DELETED>
                                <DELETED>    ``(III) prophylactic 
                                treatment to prevent a victim of crime 
                                from contracting HIV/AIDS or any other 
                                sexually transmitted disease or 
                                infection;</DELETED>
                        <DELETED>    ``(v) medical equipment, such as 
                        wheel chairs, prosthetics, crutches, canes, 
                        hearing aids, and eyeglasses, the need for 
                        which arises directly from the 
                        victimization;</DELETED>
                        <DELETED>    ``(vi) 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;</DELETED>
                        <DELETED>    ``(vii) ambulance and other 
                        medical transport and emergency response 
                        services;</DELETED>
                        <DELETED>    ``(viii) the training and 
                        certification of service animals and therapy 
                        animals; and</DELETED>
                        <DELETED>    ``(ix) forensic interviews, 
                        medical evaluations, and forensic medical 
                        evidence collection examinations for victims of 
                        crime, the need for which arises directly from 
                        the victimization;</DELETED>
                <DELETED>    ``(C) the development, establishment, and 
                operation of programs designed to improve the handling 
                of, including the investigation and prosecution of, 
                violent crime cases, particularly cases of child abuse, 
                domestic violence, sexual assault, stalking, human 
                trafficking, and identity theft, in a manner that 
                limits additional trauma to the victims;</DELETED>
                <DELETED>    ``(D) housing for tribal law enforcement 
                officers and other personnel, including victim 
                advocates, whose work is dedicated to providing 
                services to victims of crime;</DELETED>
                <DELETED>    ``(E) the repair, renovation, or 
                rehabilitation of existing facilities used for 
                providing services to victims of crime, including 
                improvements necessary to comply with the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12101 et 
                seq.);</DELETED>
                <DELETED>    ``(F) communication devices, as necessary 
                to ensure the safety and security of victims of 
                crime;</DELETED>
                <DELETED>    ``(G) the design, development, purchase, 
                upgrade, improvement, implementation, or support 
                (including training in the use) of technological 
                equipment, hardware, technology platforms, software, or 
                applications used in programs providing or managing 
                services to victims of crime;</DELETED>
                <DELETED>    ``(H) the development or implementation of 
                training, technical assistance, or professional 
                development that improves or enhances the quality of 
                services to victims of crime;</DELETED>
                <DELETED>    ``(I) transportation for victims of 
                crime;</DELETED>
                <DELETED>    ``(J) grant writing activities for grants 
                described under this subsection;</DELETED>
                <DELETED>    ``(K) administration of the program and 
                services described in this paragraph;</DELETED>
                <DELETED>    ``(L) activities that impact the delivery 
                and quality of services and justice to victims of 
                crime, including strategies to increase the capacity of 
                Indian tribes to provide services to victims of crime; 
                and</DELETED>
                <DELETED>    ``(M) any other services permitted under a 
                regulation lawfully promulgated by the Attorney General 
                or Secretary in accordance with this Act.</DELETED>
        <DELETED>    ``(2) Eligibility.--An Indian tribe seeking a 
        grant under this subsection shall submit to the Office a 
        written victim assistance proposal that includes, at a 
        minimum--</DELETED>
                <DELETED>    ``(A) a description of the need for 
                services and the mission and goals of the activity to 
                be carried out using the grant;</DELETED>
                <DELETED>    ``(B) a description of how amounts 
                received under the grant would be used;</DELETED>
                <DELETED>    ``(C) the proposed annual budget for the 
                activities for each fiscal year in which amounts 
                received under the grant may be used;</DELETED>
                <DELETED>    ``(D) any qualifications, certifications, 
                or licenses that may be required for individuals 
                involved in administering the program;</DELETED>
                <DELETED>    ``(E) a certification by the Indian tribe 
                that--</DELETED>
                        <DELETED>    ``(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 under tribal law; 
                        and</DELETED>
                        <DELETED>    ``(ii) individuals who report 
                        crimes are protected by law from retribution 
                        and retaliation;</DELETED>
                <DELETED>    ``(F) a description of any plans or 
                agreements to coordinate crime victim services among 
                Federal, State, local, and tribal governments; 
                and</DELETED>
                <DELETED>    ``(G) any additional information required 
                by the Secretary through written guidance, after 
                consultation with Indian tribes.</DELETED>
        <DELETED>    ``(3) No matching requirement.--A recipient or 
        subrecipient of a grant under this subsection shall not be 
        required to make a matching contribution for Federal dollars 
        received.</DELETED>
        <DELETED>    ``(4) Annual report.--A recipient or subrecipient 
        of a grant under this subsection shall, on an annual basis, 
        submit to the Office a report describing the purpose for which 
        the grant was used, which shall include, at a minimum--
        </DELETED>
                <DELETED>    ``(A) the purpose for which grant funds 
                were obligated and the amount of funds obligated by the 
                recipient or subrecipient for each purpose, including, 
                on a quarterly basis--</DELETED>
                        <DELETED>    ``(i) the amount of grant funds 
                        used by the recipient or subrecipient for 
                        administrative costs;</DELETED>
                        <DELETED>    ``(ii) the amount of grant funds 
                        used by the recipient or subrecipient for 
                        direct services; and</DELETED>
                        <DELETED>    ``(iii) the amount of grant funds 
                        used by the recipient or subrecipient for 
                        capital investments;</DELETED>
                <DELETED>    ``(B) the number of victims served as a 
                result of the grant;</DELETED>
                <DELETED>    ``(C) a description of the types of 
                victims served under a program carried out using the 
                grant, which, for each victim, shall include, at a 
                minimum--</DELETED>
                        <DELETED>    ``(i) the alleged crime and injury 
                        involved;</DELETED>
                        <DELETED>    ``(ii) whether the victim is an 
                        Indian; and</DELETED>
                        <DELETED>    ``(iii) other demographic 
                        information, including the age, sex, and tribal 
                        affiliation of the victim, if 
                        applicable;</DELETED>
                <DELETED>    ``(D) the nature and location of the 
                alleged crime involved in each incident, including--
                </DELETED>
                        <DELETED>    ``(i) whether the crime was 
                        committed in Indian country;</DELETED>
                        <DELETED>    ``(ii) whether the alleged 
                        perpetrator is an Indian; and</DELETED>
                        <DELETED>    ``(iii) the disposition of the 
                        incident, including any resulting charge, 
                        verdict, fine, fee, penalty, sentence, 
                        dismissal, or decision to settle or otherwise 
                        not pursue prosecution; and</DELETED>
                <DELETED>    ``(E) all jurisdictions involved in any 
                disposition.</DELETED>
<DELETED>    ``(d) Oversight and Enforcement Authority.--</DELETED>
        <DELETED>    ``(1) Authority.--The Office shall--</DELETED>
                <DELETED>    ``(A) regularly monitor and review grants 
                awarded under subsection (c); and</DELETED>
                <DELETED>    ``(B) conduct investigations and audits--
                </DELETED>
                        <DELETED>    ``(i) to ensure compliance with 
                        all applicable Federal law; and</DELETED>
                        <DELETED>    ``(ii) to prevent duplication and 
                        redundancy in the awarding of grants under 
                        subsection (c).</DELETED>
        <DELETED>    ``(2) Performance measures and enforceable 
        agreements.--The Office shall ensure that all grants awarded 
        under subsection (c), are subject to performance measures and 
        enforceable agreements that allow for thorough program 
        oversight by the Secretary.</DELETED>
        <DELETED>    ``(3) Compliance reports to congress.--For fiscal 
        year 2017 and each fiscal year thereafter, the Secretary shall 
        submit to the Committee on Indian Affairs of the Senate and the 
        Subcommittee on Indian, Insular and Alaska Native Affairs of 
        the House of Representatives an annual compliance report on all 
        grants awarded under subsection (c).</DELETED>
<DELETED>    ``(e) Deadline for Awarding Grants.--Not later than 180 
days after the date on which funding is made available to carry out 
this section, the Office shall award all funds available for grants 
under this section to eligible recipients.</DELETED>
<DELETED>    ``(f) Availability of Grant Funds.--Any amount awarded 
under this section 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 Office for award under this section in the following 
fiscal year.</DELETED>
<DELETED>    ``(g) Effect.--Nothing in this section--</DELETED>
        <DELETED>    ``(1) precludes an Indian tribe from contracting 
        with another Indian tribe or tribal organization for the 
        administration of a program funded under this subsection; 
        or</DELETED>
        <DELETED>    ``(2) prevents multiple Indian tribes or tribal 
        organizations from forming a consortium for any of the purposes 
        described in this subsection.</DELETED>
<DELETED>    ``(h) Funding.--</DELETED>
        <DELETED>    ``(1) In general.--The grant program established 
        under this section shall be carried out using funds made 
        available under section 1402(d)(1) of the Victims of Crime Act 
        of 1984 (42 U.S.C. 10601(d)(1)).</DELETED>
        <DELETED>    ``(2) Administrative expenses.--With respect to 
        the grant program under this section only, for each fiscal year 
        in which a grant is made or grant funds may be obligated, an 
        amount not to exceed 4 percent of the funds made available to 
        the Office under this section may be used by the Office for 
        administrative expenses, the management and administration of 
        grants made under this section, and training and technical 
        assistance.</DELETED>
<DELETED>    ``(i) Term.--This section shall be effective for--
</DELETED>
        <DELETED>    ``(1) the first fiscal year beginning after the 
        date of enactment of this section; and</DELETED>
        <DELETED>    ``(2) the 9 fiscal years following such 
        year.''.</DELETED>
<DELETED>    (d) Funding for Grants for Tribal Victims of Crime.--
Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)) is amended--</DELETED>
        <DELETED>    (1) by inserting before paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(1) Beginning on October 1, 2015, and each 
        fiscal year thereafter for a period of 10 fiscal years, 5 
        percent of the total amount in the Fund available for 
        obligation during a fiscal year shall be made available to the 
        Secretary of the Interior to make grants under section 105 of 
        the Indian Tribal Justice Act.''; and</DELETED>
        <DELETED>    (2) in paragraph (3)(A), in the matter preceding 
        clause (i), by striking ``paragraph (2)'' and inserting 
        ``paragraphs (1) and (2)''.</DELETED>

<DELETED>SEC. 3. REGULATIONS REGARDING INDIAN TRIBES.</DELETED>

<DELETED>    (a) Existing Regulations.--Any regulation, rule, or 
guidance promulgated by the Attorney General or the Secretary of the 
Interior before the date of enactment of this Act shall have no force 
or effect with respect to section 105 of the Indian Tribal Justice Act, 
as added by section 2.</DELETED>
<DELETED>    (b) Negotiated Rulemaking.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of the Interior, 
        in consultation with Indian tribes (as defined in section 4 of 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)) and through notice and comment rulemaking, shall 
        promulgate final regulations carrying out section 105 of the 
        Indian Tribal Justice Act, as added by section 2.</DELETED>
        <DELETED>    (2) Requirements.--The Secretary of the Interior 
        shall ensure that--</DELETED>
                <DELETED>    (A) not fewer than 2 Indian tribes from 
                each Bureau of Indian Affairs region participate in the 
                consultation; and</DELETED>
                <DELETED>    (B) small, medium, and large land-based 
                Indian tribes are represented.</DELETED>

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. TRIBAL VICTIMS OF CRIME.

    (a) Definitions.--Section 3 of the Indian Tribal Justice Act (25 
U.S.C. 3602) is amended--
            (1) in paragraph (3), by striking ``The term'' and 
        inserting ``Except as provided in section 105, the term'';
            (2) in paragraph (5), by inserting ``and Victim Services'' 
        after ``Support'';
            (3) by adding at the end the following:
            ``(9) Victim of crime.--The term `victim of crime' means a 
        person that has suffered direct physical, emotional, or 
        pecuniary harm as a result of the commission of a crime.'';
            (4) by redesignating paragraphs (3) through (9) as 
        paragraphs (5) through (11), respectively; and
            (5) by inserting after paragraph (2) the following:
            ``(3) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(4) Indian country.--The term `Indian country' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.''.
    (b) Office of Tribal Justice Support and Victims Services.--Section 
101 of the Indian Tribal Justice Act (25 U.S.C. 3611) is amended--
            (1) in the section heading, by inserting ``and victim 
        services'' after ``support'';
            (2) in subsection (a)--
                    (A) in the first sentence--
                            (i) by inserting ``and Victim Services'' 
                        after ``Support''; and
                            (ii) by striking ``There is'' and inserting 
                        the following:
            ``(1) In general.--There is'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)(ii)), in the second sentence, by striking ``The 
                purpose'' and inserting the following:
            ``(2) Purposes.--The purposes''; and
                    (C) in paragraph (2) (as designated by subparagraph 
                (B)), by inserting ``and to provide services to victims 
                of crime'' after ``Courts of Indian Offenses'';
            (3) in subsection (b), by inserting ``and Victim Services'' 
        after ``Support'' each place it appears;
            (4) in subsection (c), by adding at the end the following:
            ``(7) Make grants for victims of crime in accordance with 
        section 105.''; and
            (5) in subsection (e)(1), in the first sentence of the 
        matter preceding subparagraph (A), by inserting ``and timely 
        notice regarding technical assistance and training resources 
        and activities of the Office'' before the period at the end.
    (c) Grant Program.--The Indian Tribal Justice Act is amended by 
inserting after section 104 (25 U.S.C. 3614) the following:

``SEC. 105. GRANT PROGRAM FOR TRIBAL CRIME VICTIM SERVICES AND 
              COMPENSATION.

    ``(a) Definitions.--In this section:
            ``(1) Immediate family member.--The term `immediate family 
        member' has the meaning given the term in section 115(c) of 
        title 18, United States Code.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Personally identifying information.--The term 
        `personally identifying information' has the meaning given the 
        term `personally identifying information or personal 
        information' in section 40002(a) of the Violence Against Women 
        Act of 1994 (42 U.S.C. 13925(a)).
    ``(b) Duties.--The Office shall--
            ``(1) administer the grant program described in subsection 
        (c); and
            ``(2) provide planning, research, training, and technical 
        assistance to grant recipients for grants provided under 
        subsection (c).
    ``(c) Grant Program.--
            ``(1) In general.--On an annual basis, the Office shall 
        make competitive grants to Indian tribes for the purposes of 
        funding--
                    ``(A) a crime victim compensation program, 
                administered by 1 or more Indian tribes, that provides 
                compensation to victims of crime and survivors of 
                victims of crime in accordance with paragraphs (1), 
                (2), (6)(A), (7), and (8) of subsection (b) and 
                subsections (c) and (e) of section 1403 of the Victims 
                of Crime Act of 1984 (42 U.S.C. 10602), on the 
                condition that any reference to a State or a 
                jurisdiction of a State in those subsections shall be 
                considered a reference to an Indian tribe or the 
                jurisdiction of an Indian tribe;
                    ``(B) services to victims of crime, which may be 
                provided in traditional form or through electronic, 
                digital, or other technological formats, including--
                            ``(i) services provided through subgrants 
                        to victim services agencies or departments of 
                        tribal governments or nonprofit organizations;
                            ``(ii) domestic violence shelters, rape 
                        crisis centers, and child advocacy centers 
                        providing services to victims of crime in 
                        Indian country or in Alaska Native villages;
                            ``(iii) relocation and transitional housing 
                        for victims of crime and immediate family 
                        members of victims of crime;
                            ``(iv) medical care, 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 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; 
                                and
                                    ``(III) prophylactic treatment to 
                                prevent a victim of crime from 
                                contracting HIV/AIDS or any other 
                                sexually transmitted disease or 
                                infection;
                            ``(v) medical equipment, such as wheel 
                        chairs, prosthetics, crutches, canes, hearing 
                        aids, and eyeglasses, the need for which arises 
                        directly from the victimization;
                            ``(vi) 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;
                            ``(vii) ambulance and other medical 
                        transport and emergency response services;
                            ``(viii) the training and certification of 
                        service animals and therapy animals; and
                            ``(ix) forensic interviews, medical 
                        evaluations, and forensic medical evidence 
                        collection examinations for victims of crime, 
                        the need for which arises directly from the 
                        victimization;
                    ``(C) the development, establishment, coordination, 
                and operation of programs designed to improve the 
                handling of, including the investigation and 
                prosecution of, violent crime cases, particularly cases 
                of child abuse, domestic violence, sexual assault, 
                stalking, human trafficking, and identity theft, in a 
                manner that limits additional trauma to the victims;
                    ``(D) housing for law enforcement officers and 
                other personnel, including victim advocates, whose work 
                is dedicated to providing services to victims of crime 
                in Indian country or Alaska Native villages;
                    ``(E) the repair, renovation, or rehabilitation of 
                existing facilities used for providing services to 
                victims of crime, including improvements necessary to 
                comply with the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12101 et seq.);
                    ``(F) communication devices, as necessary to ensure 
                the safety and security of victims of crime;
                    ``(G) the design, development, purchase, upgrade, 
                improvement, implementation, or support (including 
                training in the use) of technological equipment, 
                hardware, technology platforms, software, or 
                applications used in programs providing or managing 
                services to victims of crime;
                    ``(H) 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;
                    ``(I) transportation for victims of crime;
                    ``(J) grant writing activities for grants described 
                under this section;
                    ``(K) administration of the program and services 
                described in this section;
                    ``(L) activities that impact the delivery and 
                quality of services to victims of crime, including 
                strategies to increase the capacity of Indian tribes to 
                provide services to victims of crime; and
                    ``(M) any other services permitted under a 
                regulation lawfully promulgated by the Secretary in 
                accordance with this Act.
            ``(2) Eligibility.--An Indian tribe seeking a grant under 
        this section shall, in response to a request for proposal, 
        submit to the Office a written proposal for victim services and 
        compensation grants, which shall include--
                    ``(A) a description of the need for services or 
                compensation 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 description of any plans or agreements to 
                coordinate crime victim services among Federal, State, 
                local, and tribal governments; and
                    ``(G) any additional information required by the 
                Secretary through written guidance, after consultation 
                with Indian tribes.
            ``(3) No matching requirement.--A recipient or subrecipient 
        of a grant under subsection (c) shall not be required to make a 
        matching contribution for Federal dollars received.
            ``(4) Annual report.--A recipient of a grant under this 
        subsection shall, on an annual basis, submit to the Office 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 and the amount of funds obligated by the 
                recipient or subrecipient for each purpose, including, 
                on a quarterly basis--
                            ``(i) the amount of grant funds used by the 
                        recipient or subrecipient for administrative 
                        and operational costs;
                            ``(ii) the amount of grant funds used by 
                        the recipient or subrecipient for direct 
                        services; and
                            ``(iii) the amount of grant funds used by 
                        the recipient or subrecipient for compensation;
                    ``(B) the number of victims served as a result of 
                the grant;
                    ``(C) a description, in the aggregate, of the types 
                of victims 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 in 
                        Indian country or an Alaska Native village;
                            ``(ii) whether the alleged perpetrator is 
                        an Indian;
                            ``(iii) the disposition of the incident; 
                        and
                            ``(iv) all jurisdictions involved in any 
                        disposition.
    ``(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 grants under this 
        section shall protect the confidentiality and privacy of 
        individuals receiving services from the recipient of the grant.
            ``(2) Nondisclosure.--
                    ``(A) In general.--Subject to paragraphs (3) and 
                (4), a recipient or subrecipient of a grant under this 
                section 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 require the 
                release of personally identifying information as a 
                condition of eligibility for the services provided by 
                the grantee--
                            ``(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 person, 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 grant under this section 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 grant under this section 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 prohibits a recipient or 
        subrecipient of a grant under this section from reporting 
        suspected abuse or neglect.
            ``(6) Congressional oversight.--
                    ``(A) In general.--Nothing in this subsection 
                prevents the Secretary from disclosing grant activities 
                authorized by this section to the Committee on Indian 
                Affairs of the Senate and the Subcommittee on Indian, 
                Insular and Alaska Native Affairs of the House of 
                Representatives.
                    ``(B) Requirements.--A disclosure under 
                subparagraph (A) shall protect confidentiality and omit 
                personally identifying information.
            ``(7) Confidentiality assessment and assurances.--A 
        recipient or subrecipient of a grant under this section shall 
        document compliance with the confidentiality and privacy 
        requirements of this subsection.
    ``(e) Oversight and Enforcement Authority.--
            ``(1) Authority.--The Secretary shall--
                    ``(A) regularly monitor and review grants awarded 
                under subsection (c), which shall include evaluation of 
                quarterly financial reports for victim services and 
                compensation 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 grants under 
                        subsection (c).
            ``(2) Performance measures and enforceable agreements.--The 
        Secretary shall ensure that all grants awarded under subsection 
        (c) are subject to performance measures and enforceable 
        agreements that allow for thorough program oversight.
            ``(3) Compliance reports to congress.--For fiscal year 2017 
        and each fiscal year thereafter, the Secretary of the Interior 
        shall submit to the Committee on Indian Affairs of the Senate 
        and the Subcommittee on Indian, Insular and Alaska Native 
        Affairs of the House of Representatives an annual compliance 
        report on all grants awarded under subsection (c).
    ``(f) Timelines.--
            ``(1) Negotiated rulemaking.--Not later than 60 days after 
        the date of enactment of this section, the Secretary 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 Secretary shall publish a request for proposal in 
        the Federal Register for grants under this section.
            ``(3) Required disbursal.--Beginning in the first full 
        fiscal year succeeding the date of enactment of this section, 
        and in each fiscal year thereafter for a period of 10 years, 
        the Office shall disburse competitive grants to Indian tribes 
        in accordance with this Act not later than 120 days after 
        October 1 of each year.
    ``(g) Availability of Grant Funds.--Any amount awarded under this 
section 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 
Office for award under this section in the following fiscal year.
    ``(h) Effect.--Nothing in this section--
            ``(1) precludes an Indian tribe from contracting for the 
        administration of a program or activity funded under this Act; 
        or
            ``(2) prevents multiple Indian tribes or tribal 
        organizations from forming a consortium for any of the purposes 
        described in this Act.
    ``(i) Funding.--
            ``(1) In general.--The grant program established under this 
        section shall be carried out using funds made available under 
        section 1402(d)(1) of the Victims of Crime Act of 1984 (42 
        U.S.C. 10601(d)(1)).
            ``(2) Administrative expenses.--With respect to the grant 
        program under this section only, for each fiscal year in which 
        a grant is made or grant funds may be obligated, an amount not 
        to exceed 4 percent of the funds made available to the Office 
        under this section may be used by the Office for administrative 
        expenses, the management and administration of grants made 
        under this section, and training and technical assistance.
    ``(j) Term.--This section shall be effective for--
            ``(1) the first fiscal year beginning after the date of 
        enactment of this section; and
            ``(2) the 9 fiscal years following such year.''.
    (d) Funding for Grants for Tribal Victims of Crime.--Section 
1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is 
amended--
            (1) by inserting before paragraph (2) the following:
            ``(1) Beginning on October 1, 2015, and each fiscal year 
        thereafter for a period of 10 fiscal years, 5 percent of the 
        total amount in the Fund available for obligation during a 
        fiscal year shall be made available to the Secretary of the 
        Interior to make grants under section 105 of the Indian Tribal 
        Justice Act.''; and
            (2) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``paragraph (2)'' and inserting ``paragraphs 
        (1) and (2)''.

SEC. 3. REGULATIONS REGARDING INDIAN TRIBES.

    (a) Existing Regulations.--Any regulation, rule, or guidance 
promulgated by the Attorney General or the Secretary of the Interior 
before the date of enactment of this Act shall have no force or effect 
with respect to section 105 of the Indian Tribal Justice Act, 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 Secretary of the Interior, in 
        consultation with Indian tribes (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b) and through notice and comment rulemaking, shall 
        promulgate final regulations carrying out section 105 of the 
        Indian Tribal Justice Act, as added by section 2.
            (2) Requirements.--The Secretary of the Interior 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. 312

114th CONGRESS

  1st Session

                                S. 1704

                          [Report No. 114-172]

_______________________________________________________________________

                                 A BILL

To amend the Indian Tribal Justice Act to secure urgent resources vital 
          to Indian victims of crime, and for other purposes.

_______________________________________________________________________

                            December 3, 2015

                       Reported with an amendment
```