II 

116TH CONGRESS 

1ST SESSION S. 211 

To amend the Victims of Crime Act of 1984 to secure urgent resources 

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2019 

Mr. HOEVEN (for himself, Mr. UDALL, Mr. BARRASSO, Mr. DAINES, Ms. CORTEZ MASTO, Mr. TESTER, Ms. SMITH, and Ms. MURKOWSKI) introduced 

the following bill; which was read twice and referred to the Committee 

on Indian Affairs 

A BILL 

To amend the Victims of Crime Act of 1984 to secure 

urgent resources vital to Indian victims of crime, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

6 ‘‘SURVIVE Act’’. 

7 SEC. 2. INDIAN VICTIMS OF CRIME. 

8 (a) GRANT PROGRAM FOR INDIAN CRIME VICTIM

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


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

2 1404F the following: 

3 ‘‘GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES

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

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

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

9 the Senate; 

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

11 and Alaska Native Affairs of the Committee on 

12 Natural Resources of the House of Representa13 tives; 

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

15 the Senate; and 

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

17 the House of Representatives. 

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

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

20 ‘‘(3) ELIGIBLE INDIAN TRIBE.—The term ‘eligi21 ble Indian Tribe’ means an Indian Tribe that sub22 mits a written proposal for a covered grant to the 

23 Director in accordance with subsection (c)(2). 

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

25 ‘immediate family member’ has the meaning given 


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

2 Code. 

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

4 member of an Indian Tribe. 

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

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

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

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

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

11 has the meaning given the term ‘Indian tribe’ in sec12 tion 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 5304). 

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

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

17 of the Violence Against Women Act of 1994 (34 

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

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

20 term ‘services to victims of crime’— 

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

22 section 1404; and 

23 ‘‘(B) includes efforts that— 


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

3 crime; 

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

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

9 ‘‘(iv) restore a measure of security 

10 and safety for a victim of crime. 

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

12 crime’ means an individual who has suffered direct 

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

14 result of the commission of a crime. 

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

16 shall— 

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

18 subsection (c); 

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

20 technical assistance to recipients of covered grants; 

21 and 

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

24 Indian Affairs in implementing the grant program 

25 described in subsection (c). 


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1 ‘‘(c) GRANT PROGRAM.— 

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

3 Director shall make grants to eligible Indian Tribes 

4 for the purposes of funding— 

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

6 more Indian Tribes, that provides services to 

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

9 other technological formats, including— 

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

14 ‘‘(ii) domestic violence shelters, rape 

15 crisis centers, child abuse programs, child 

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

18 crime; 

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

21 the victimization, including— 

22 ‘‘(I) emergency medical care and 

23 evaluation, nonemergency medical 

24 care and evaluation, psychological and 

25 psychiatric care and evaluation, and 


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1 other forms of medical assistance, 

2 treatment, or therapy, regardless of 

3 the setting in which the services are 

4 delivered; 

5 ‘‘(II) mental and behavioral 

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

9 substance abuse treatment, and other 

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

13 ‘‘(III) prophylactic treatment to 

14 prevent an individual from contracting 

15 HIV/AIDS or any other sexually 

16 transmitted disease or infection; and 

17 ‘‘(IV) forensic medical evidence 

18 collection examinations and forensic 

19 interviews of victims of crime— 

20 ‘‘(aa) to the extent that 

21 other funding sources are un22 available or insufficient; and 

23 ‘‘(bb) on the condition that, 

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


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1 relevant guidelines or protocols 

2 issued by the State, unit of local 

3 government, or Indian Tribe with 

4 jurisdiction over the area in 

5 which the examination or inter6 view is conducted; 

7 ‘‘(iv) legal services, legal assistance 

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

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

12 ‘‘(v) the training and certification of 

13 service animals and therapy animals; 

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

15 TTD machines for the deaf necessary to 

16 provide services to victims of crime; 

17 ‘‘(vii) restorative justice opportunities 

18 that allow victims of crime to meet with 

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

21 are for therapeutic purposes; and 

22 ‘‘(viii) training and related materials, 

23 including books, training manuals, and 

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1 viders to develop skills necessary to offer 

2 quality services to victims of crime; 

3 ‘‘(B) the development or implementation of 

4 training, technical assistance, or professional 

5 development that improves or enhances the 

6 quality of services to victims of crime, including 

7 coordination between healthcare, education, and 

8 justice systems; 

9 ‘‘(C) the transportation of victims of crime 

10 to— 

11 ‘‘(i) receive services; or 

12 ‘‘(ii) participate in criminal justice 

13 proceedings; 

14 ‘‘(D) emergency legal assistance to victims 

15 of crime that is directly connected to the crime; 

16 ‘‘(E) the supervision of direct service pro17 viders and contracts for professional or special18 ized services that are related directly to pro19 viding services to victims of crime; 

20 ‘‘(F) the repair and replacement of essen21 tial items used during the provision of services 

22 to victims of crime to contribute to and main23 tain a healthy and safe environment for the vic24 tims; 


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1 ‘‘(G) transitional housing for victims of 

2 crime, particularly victims who have a par3 ticular need for such housing and cannot safely 

4 return to previous housing, including travel, 

5 rental assistance, security deposits, utilities, 

6 and other related costs that are incidental to 

7 the relocation to transitional housing; 

8 ‘‘(H) the relocation of victims of crime, 

9 particularly where necessary for the safety and 

10 well-being of the victim, including reasonable 

11 moving expenses, security deposits for housing, 

12 rental expenses, and utility startup costs; 

13 ‘‘(I) the coordination of activities that fa14 cilitate the provision of direct services to victims 

15 of crime; 

16 ‘‘(J) a multi-system, inter-agency, multi17 disciplinary response to the needs of victims of 

18 crime; and 

19 ‘‘(K) the administration of the program 

20 and services described in this section. 

21 ‘‘(2) ELIGIBILITY.—An Indian Tribe seeking a 

22 covered grant shall, in response to a request for pro23 posal, submit to the Director a written proposal for 

24 a covered grant, which shall include— 


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

2 and the mission and goals of the activity to be 

3 carried out using the grant; 

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

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

7 activities for each fiscal year in which amounts 

8 received under the grant may be used; 

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

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

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

13 that, under the law of that Indian Tribe or the 

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

15 1953 (67 Stat. 588, chapter 505) (commonly 

16 known as ‘Public Law 280’) applies— 

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

18 the rights and protections described in sec19 tion 3771(a) of title 18, United States 

20 Code, or substantially similar rights and 

21 protections; and 

22 ‘‘(ii) individuals who report crimes are 

23 protected by law from retribution and re24 taliation; 


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1 ‘‘(F) a certification by the Indian Tribe 

2 that grant funds will be used to supplement and 

3 not supplant other Federal, State, local, and 

4 Tribal funds that are used for the purposes de5 scribed in paragraph (1); 

6 ‘‘(G) a description of any plans or agree7 ments to coordinate services among Federal, 

8 State, local, and Tribal governments; and 

9 ‘‘(H) any additional information required 

10 by the Director through written guidance, after 

11 consultation with Indian Tribes. 

12 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi13 ent or subrecipient of a covered grant shall not be 

14 required to make a matching contribution for Fed15 eral dollars received. 

16 ‘‘(4) PROHIBITED USES OF FUNDS.—A recipi17 ent or subrecipient of a covered grant may not use 

18 the amounts of the grant for— 

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

20 equipment, and other expenses of executive di21 rectors, board members, and other administra22 tors, except as specifically allowed under this 

23 section; 

24 ‘‘(B) lobbying and administrative advocacy; 

25 and 


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1 ‘‘(C) fundraising activities. 

2 ‘‘(5) ANNUAL REPORT.—A recipient of a cov3 ered grant shall, on an annual basis, submit to the 

4 Director an itemized budget with a report describing 

5 the purpose for which the grant was used, which 

6 shall include— 

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

8 were obligated or spent and the amount of 

9 funds obligated or spent by the recipient or sub10 recipient for each purpose, including, on a quar11 terly basis— 

12 ‘‘(i) the amount of grant funds obli13 gated or spent by the recipient or sub14 recipient for administrative and operational 

15 costs; and 

16 ‘‘(ii) the amount of grant funds obli17 gated or spent by the recipient or sub18 recipient for direct services; 

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

20 result of the grant; 

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

22 types of individuals served, including— 

23 ‘‘(i) the alleged crime and injury in24 volved; 


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

2 and 

3 ‘‘(iii) the age, sex, and Tribal affili4 ation of the victim, if applicable; and 

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

6 general nature and location of the alleged 

7 crimes involved, including— 

8 ‘‘(i) whether the crime was committed 

9 on Indian land; 

10 ‘‘(ii) whether the alleged perpetrator 

11 is an Indian; 

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

13 and 

14 ‘‘(iv) all jurisdictions involved in any 

15 disposition. 

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

17 OR ABUSE OF GRANT FUNDS.—A recipient or sub18 recipient of a covered grant shall immediately report 

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

20 of grant funds. 

21 ‘‘(d) PROTECTION OF CRIME VICTIM CONFIDEN22 TIALITY AND PRIVACY.— 

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

24 the safety of victims of crime and immediate family 

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1 recipients of covered grants shall protect the con2 fidentiality and privacy of individuals receiving serv3 ices from the recipient or subrecipient. 

4 ‘‘(2) NONDISCLOSURE.— 

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

6 (3) and (4), a recipient or subrecipient of a cov7 ered grant shall not disclose, reveal, or release 

8 any personally identifying information collected 

9 in connection with any service requested, used, 

10 or denied through a program of the recipient or 

11 subrecipient or require the release of personally 

12 identifying information as a condition of eligi13 bility for the services provided by the recipient 

14 or subrecipient— 

15 ‘‘(i) regardless of whether the infor16 mation has been encoded, encrypted, 

17 hashed, or otherwise protected; and 

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

19 the condition that consent for release may 

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

21 abuser of a parent or guardian of a minor, 

22 or an incapacitated individual, absent the 

23 informed, written, reasonably time-limited 

24 consent of— 


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1 ‘‘(I) the individual about whom 

2 information is sought; 

3 ‘‘(II) in the case of an emanci4 pated minor, the minor, and the par5 ent or guardian; or 

6 ‘‘(III) in the case of legal inca7 pacity, a court-appointed guardian. 

8 ‘‘(B) CERTAIN MINORS AND OTHER INDI9 VIDUALS.—If a minor or individual with a le10 gally appointed guardian may lawfully receive 

11 services without the consent of a parent or 

12 guardian, that minor or individual may consent 

13 to the release of information under subpara14 graph (A)(ii) without the additional consent of 

15 a parent or guardian. 

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

17 described in paragraph (2) is compelled by a statu18 tory or court mandate, a recipient or subrecipient of 

19 a covered grant shall— 

20 ‘‘(A) make reasonable attempts to provide 

21 notice to victims of crime affected by the disclo22 sure of information; and 

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

24 privacy and safety of the individuals affected by 

25 the release of the information. 


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

2 subrecipient of a covered grant may share— 

3 ‘‘(A) data in the aggregate that is not per4 sonally identifying information regarding serv5 ices to clients and demographics in order to 

6 comply with Federal, State, Tribal, or terri7 torial reporting, evaluation, or data collection 

8 requirements; 

9 ‘‘(B) court-generated and law enforcement10 generated information contained in secure gov11 ernmental registries for protection order en12 forcement purposes; and 

13 ‘‘(C) law enforcement-generated and pros14 ecution-generated information necessary for law 

15 enforcement and prosecution purposes. 

16 ‘‘(5) STATUTORILY MANDATED REPORTS OF

17 ABUSE OR NEGLECT.—Nothing in this subsection 

18 shall be construed to prohibit a recipient or sub19 recipient of a covered grant from reporting sus20 pected abuse or neglect of an individual. 

21 ‘‘(6) CONGRESSIONAL OVERSIGHT.— 

22 ‘‘(A) IN GENERAL.—Nothing in this sub23 section shall be construed to prohibit the Direc24 tor from disclosing grant activities authorized 


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1 by this section to the appropriate committees of 

2 Congress. 

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

4 ensure that a disclosure under subparagraph 

5 (A) protects confidentiality and omits person6 ally identifying information. 

7 ‘‘(7) CONFIDENTIALITY ASSESSMENT AND AS8 SURANCES.—A recipient or subrecipient of a covered 

9 grant shall document compliance with the confiden10 tiality and privacy requirements of this subsection. 

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

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

13 ‘‘(A) regularly monitor and review covered 

14 grants awarded, which shall include evaluation 

15 of quarterly financial reports for victim services 

16 grants; and 

17 ‘‘(B) conduct investigations and audits— 

18 ‘‘(i) to ensure compliance with all ap19 plicable Federal law; and 

20 ‘‘(ii) to prevent duplication and redun21 dancy in the awarding of covered grants. 

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

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1 ures and enforceable agreements that allow for thor2 ough program oversight. 

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

4 For the first fiscal year beginning after the date of 

5 enactment of this section and each fiscal year there6 after, the Director shall submit to the appropriate 

7 committees of Congress an annual compliance report 

8 on all covered grants awarded. 

9 ‘‘(4) VIOLATIONS.— 

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

11 notice and opportunity for a hearing on the 

12 record (subject to subparagraph (B)), the Di13 rector finds that a recipient or subrecipient of 

14 a covered grant has failed to comply substan15 tially with any provision of this section or a 

16 rule, regulation, guideline, or procedure issued 

17 under this section, a commitment or certifi18 cation made in the written proposal submitted 

19 under subsection (c)(2), or the provisions of any 

20 other applicable law, the Director shall— 

21 ‘‘(i) terminate payments to the recipi22 ent; 

23 ‘‘(ii) suspend payments to the recipi24 ent until the Director is satisfied that the 

25 noncompliance has ended; or 


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

2 Director determines appropriate. 

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

4 a covered grant may not request a hearing 

5 under subparagraph (A) but may assist a re6 cipient in providing information during the 

7 hearing process. 

8 ‘‘(f) TIMELINES.— 

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

10 than 60 days after the date of enactment of this sec11 tion, the Director shall publish a notice in the Fed12 eral Register to initiate the negotiated rulemaking 

13 described in section 3(b) of the Securing Urgent Re14 sources Vital to Indian Victim Empowerment Act, 

15 which shall be completed not later than 180 days 

16 after that publication. 

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

18 60 days after the negotiated rulemaking described in 

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

20 a request for proposal in the Federal Register for 

21 covered grants. 

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

23 January 31 of each of the first 10 fiscal years begin24 ning after the date of enactment of this section, the 


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1 Director shall disburse competitive grants to Indian 

2 Tribes in accordance with this section. 

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

4 awarded under a covered grant that remains unobligated 

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

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

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

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

9 remain available to the Director for award under this sec10 tion in the following fiscal year. 

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

12 ‘‘(1) an Indian Tribe from contracting for the 

13 administration of a program or activity funded 

14 under this section; or 

15 ‘‘(2) multiple Indian Tribes or Tribal organiza16 tions from forming a consortium for any of the pur17 poses described in this section. 

18 ‘‘(i) FUNDING.— 

19 ‘‘(1) IN GENERAL.—The grant program estab20 lished under this section shall be carried out using 

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

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

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

24 may be obligated under this section, the Director 


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1 may use not more than 4 percent of the amounts 

2 made available under this section for— 

3 ‘‘(A) administration and management of 

4 covered grants; and 

5 ‘‘(B) training and technical assistance. 

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

7 first 10 fiscal years beginning after the date of enactment 

8 of this section.’’. 

9 (b) FUNDING FOR GRANTS FOR TRIBAL VICTIMS OF

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

11 1984 (34 U.S.C. 20101(d)) is amended— 

12 (1) by inserting before paragraph (2) the fol13 lowing: 

14 ‘‘(1) For each of the first 10 fiscal years begin15 ning after the date of enactment of the Securing Ur16 gent Resources Vital to Indian Victim Empowerment 

17 Act, 5 percent of the total amount in the Fund 

18 available for obligation during a fiscal year shall be 

19 made available to the Director to make grants under 

20 section 1404G.’’; 

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

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

23 the Fund’’; 


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1 (3) in paragraph (3)(A), in the matter pre2 ceding clause (i), by striking ‘‘paragraph (2)’’ and 

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

4 (4) in paragraph (5)(A), by inserting ‘‘(1),’’ be5 fore ‘‘(2)’’ each place that term appears. 

6 SEC. 3. REGULATIONS REGARDING INDIAN TRIBES. 

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

8 or guidance promulgated by the Director of the Office for 

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

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

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

12 2. 

13 (b) NEGOTIATED RULEMAKING.— 

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

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

16 the Office for Victims of Crime, in consultation with 

17 the Secretary of the Interior and Indian Tribes (as 

18 defined in section 1404G of the Victims of Crime 

19 Act of 1984, as added by section 2) and through no20 tice and comment negotiated rulemaking, following 

21 the provisions of subchapter III of chapter 5 of title 

22 5, United States Code (commonly known as the ‘Ne23 gotiated Rulemaking Act of 1990’), shall promulgate 

24 final regulations carrying out section 1404G of the 


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

2 2. 

3 (2) REQUIREMENTS.—The Director of the Of4 fice for Victims of Crime shall ensure that— 

5 (A) not fewer than 2 Indian Tribes from 

6 each Bureau of Indian Affairs region partici7 pate in the consultation; and 

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

9 Indian Tribes are represented. 

Æ 


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