datamatters24/research-document-archive huggingface dataset:
(2) disability if such intern is a qualified indi-
vidual with a disability. 
SEC. 3. PROCEDURES. 
The procedures applicable to a claim for a violation 
of this Act are— 
(1) with respect to alleged discrimination based 
on race, color, religion, sex, or national origin, the 
procedures applicable for a claim for a violation of 
title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.), 
(2) with respect to alleged discrimination based 
on age, the procedures applicable for a violation of 
Age Discrimination in Employment Act of 1967 (29 
U.S.C. 621 et seq.), and 
(3) with respect to alleged discrimination based 
on a disability, the procedures applicable for a viola-
tion of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12111 et seq.). 
SEC. 4. REMEDIES. 
The district courts of the United States shall have 
jurisdiction to grant such legal and equitable relief as may 
be appropriate for a violation of this Act. 
SEC. 5. STATE IMMUNITY. 
A State shall not be immune under the eleventh arti-
cle of amendment to the Constitution of the United States 
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from an action in a court of the United States for a viola-
tion of this Act. In an action against a State for a violation 
of this Act, remedies (including remedies at law and in 
equity) are available for the violation to the same extent 
as such remedies are available in an action against any 
public or private entity other than a State. 
SEC. 6. DEFINITIONS. 
For purposes of this Act: 
(1) DISABILITY.—The term ‘‘disability’’ has the 
meaning given such term as applied in the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.). 
(2) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given such term in— 
(A) section 701 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e) with respect to dis-
crimination based on race, color, religion, sex, 
or national origin, 
(B) section 11 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 630) 
with respect to discrimination based on age, 
and 
(C) section 101 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12111) with 
respect to discrimination based on disability. 
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(3) INTERN.—The term ‘‘intern’’ means an in-
dividual who performs uncompensated voluntary 
service for an employer, to earn credit awarded by 
an educational institution or to learn a trade or oc-
cupation. 
(4) QUALIFIED
INDIVIDUAL
WITH
A
DIS-
ABILITY.—The term ‘‘qualified individual with a dis-
ability’’ has the meaning given such term in section 
101 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12111). 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in— 
(A) section 701 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e) with respect to dis-
crimination based on race, color, religion, sex, 
or national origin, 
(B) section 11 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 630) 
with respect to discrimination based on age, or 
(C) section 4 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12103) with 
respect to discrimination based on disability. 
Æ 
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I 
116TH CONGRESS 
1ST SESSION H. R. 1351 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2019 
Mr. O’HALLERAN (for himself, Ms. HAALAND, Mr. COLE, and Mr. YOUNG) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Urgent Re-
sources Vital to Indian Victim Empowerment Act’’ or the 
‘‘SURVIVE Act’’. 
SEC. 2. INDIAN VICTIMS OF CRIME. 
(a) GRANT PROGRAM FOR INDIAN CRIME VICTIM 
SERVICES.—The Victims of Crime Act of 1984 (34 U.S.C. 
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20101 et seq.) is amended by inserting after section 
1404F the following: 
‘‘GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES 
‘‘SEC. 1404G. (a) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committee on Indian Affairs of 
the Senate; 
‘‘(B) the Subcommittee on Indian, Insular 
and Alaska Native Affairs of the Committee on 
Natural Resources of the House of Representa-
tives; 
‘‘(C) the Committee on the Judiciary of 
the Senate; and 
‘‘(D) the Committee on the Judiciary of 
the House of Representatives. 
‘‘(2) COVERED
GRANT.—The term ‘covered 
grant’ means a grant under subsection (c). 
‘‘(3) ELIGIBLE INDIAN TRIBE.—The term ‘eligi-
ble Indian Tribe’ means an Indian Tribe that sub-
mits a written proposal for a covered grant to the 
Director in accordance with subsection (c)(2). 
‘‘(4) IMMEDIATE FAMILY MEMBER.—The term 
‘immediate family member’ has the meaning given 
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the term in section 115(c) of title 18, United States 
Code. 
‘‘(5) INDIAN.—The term ‘Indian’ means a 
member of an Indian Tribe. 
‘‘(6) INDIAN
LAND.—The term ‘Indian land’ 
has the meaning given the term ‘Indian lands’ in 
section 3 of the Native American Business Develop-
ment, Trade Promotion, and Tourism Act of 2000 
(25 U.S.C. 4302). 
‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(8) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—The term ‘personally identifying information’ 
has the meaning given the term in section 40002(a) 
of the Violence Against Women Act of 1994 (34 
U.S.C. 12291(a)). 
‘‘(9) SERVICES
TO
VICTIMS
OF
CRIME.—The 
term ‘services to victims of crime’— 
‘‘(A) has the meaning given the term in 
section 1404; and 
‘‘(B) includes efforts that— 
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(1) Congress has an important responsibility 
under the Constitution of the United States to con-
duct oversight of the executive branch, including the 
Department of Justice; 
(2) if a Special Counsel determines that he or 
she possesses information that should be disclosed to 
Congress, as part of the oversight role of Congress, 
the Special Counsel should take all steps not prohib-
ited by law in order to do so, including information 
relating to— 
(A) any decision of a Special Counsel to 
resign; 
(B) any decision to remove a Special Coun-
sel from office, or transfer a Special Counsel to 
another location or position within the Depart-
ment of Justice; or 
(C) a determination by a Special Counsel 
that he or she has become too circumscribed in 
jurisdiction or authorization to effectively con-
tinue the investigation to completion; 
(3) an investigation undertaken by a Special 
Counsel is, by its nature, one of great political and 
civic importance; 
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‘‘(i) respond to the emotional, psycho-
logical, or physical needs of a victim of 
crime; 
‘‘(ii) assist a victim of crime in stabi-
lizing his or her life after victimization; 
‘‘(iii) assist a victim of crime in un-
derstanding and participating in the crimi-
nal justice system; or 
‘‘(iv) restore a measure of security 
and safety for a victim of crime. 
‘‘(10) VICTIM OF CRIME.—The term ‘victim of 
crime’ means an individual who has suffered direct 
physical, sexual, financial, or emotional harm as a 
result of the commission of a crime. 
‘‘(b) DUTIES
OF
THE DIRECTOR.—The Director 
shall— 
‘‘(1) administer the grant program described in 
subsection (c); 
‘‘(2) provide planning, research, training, and 
technical assistance to recipients of covered grants; 
and 
‘‘(3) coordinate with the Office of Tribal Jus-
tice, the Indian Health Service, and the Bureau of 
Indian Affairs in implementing the grant program 
described in subsection (c). 
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‘‘(c) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—On an annual basis, the 
Director shall make grants to eligible Indian Tribes 
for the purposes of funding— 
‘‘(A) a program, administered by one or 
more Indian Tribes, that provides services to 
victims of crime, which may be provided in tra-
ditional form or through electronic, digital, or 
other technological formats, including— 
‘‘(i) services to victims of crime pro-
vided through subgrants to agencies or de-
partments of Tribal governments or non-
profit organizations; 
‘‘(ii) domestic violence shelters, rape 
crisis centers, child abuse programs, child 
advocacy centers, and elder abuse pro-
grams providing services to victims of 
crime; 
‘‘(iii) medical care, equipment, treat-
ment, 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 
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other forms of medical assistance, 
treatment, or therapy, regardless of 
the setting in which the services are 
delivered; 
‘‘(II) 
mental 
and 
behavioral 
health and crisis counseling, evalua-
tion, and assistance, including out-
patient therapy, counseling services, 
substance abuse treatment, and other 
forms of specialized treatment, includ-
ing intervention and prevention serv-
ices; 
‘‘(III) prophylactic treatment to 
prevent an individual from contracting 
HIV/AIDS or any other sexually 
transmitted disease or infection; and 
‘‘(IV) forensic medical evidence 
collection examinations and forensic 
interviews of victims of crime— 
‘‘(aa) to the extent that 
other funding sources are un-
available or insufficient; and 
‘‘(bb) on the condition that, 
to the extent practicable, the ex-
aminers and interviewers follow 
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relevant guidelines or protocols 
issued by the State, unit of local 
government, or Indian Tribe with 
jurisdiction over the area in 
which the examination or inter-
view is conducted; 
‘‘(iv) legal services, legal assistance 
services, and legal clinics (including serv-
ices provided by pro bono legal clinics and 
practitioners), the need for which arises di-
rectly from the victimization; 
‘‘(v) the training and certification of 
service animals and therapy animals; 
‘‘(vi) equipment for Braille or TTY/ 
TTD machines for the deaf necessary to 
provide services to victims of crime; 
‘‘(vii) restorative justice opportunities 
that allow victims of crime to meet with 
the perpetrators if the meetings are volun-
tarily agreed to by the victim of crime and 
are for therapeutic purposes; and 
‘‘(viii) training and related materials, 
including books, training manuals, and 
training videos, for staff and service pro-
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viders to develop skills necessary to offer 
quality services to victims of crime; 
‘‘(B) 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; 
‘‘(C) the transportation of victims of crime 
to— 
‘‘(i) receive services; or 
‘‘(ii) participate in criminal justice 
proceedings; 
‘‘(D) emergency legal assistance to victims 
of crime that is directly connected to the crime; 
‘‘(E) the supervision of direct service pro-
viders and contracts for professional or special-
ized services that are related directly to pro-
viding services to victims of crime; 
‘‘(F) the repair and replacement of essen-
tial items used during the provision of services 
to victims of crime to contribute to and main-
tain a healthy and safe environment for the vic-
tims; 
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‘‘(G) transitional housing for victims of 
crime, particularly victims who have a par-
ticular need for such housing and cannot safely 
return to previous housing, including travel, 
rental assistance, security deposits, utilities, 
and other related costs that are incidental to 
the relocation to transitional housing; 
‘‘(H) the relocation of victims of crime, 
particularly where necessary for the safety and 
well-being of the victim, including reasonable 
moving expenses, security deposits for housing, 
rental expenses, and utility startup costs; 
‘‘(I) the coordination of activities that fa-
cilitate the provision of direct services to victims 
of crime; 
‘‘(J) a multi-system, inter-agency, multi- 
disciplinary response to the needs of victims of 
crime; and 
‘‘(K) the administration of the program 
and services described in this section. 
‘‘(2) ELIGIBILITY.—An Indian Tribe seeking a 
covered grant shall, in response to a request for pro-
posal, submit to the Director a written proposal for 
a covered grant, which shall include— 
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‘‘(A) a description of the need for services 
and the mission and goals of the activity to be 
carried out using the grant; 
‘‘(B) a description of how amounts re-
ceived 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 in-
volved 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 sec-
tion 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 re-
taliation; 
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‘‘(F) a certification by the Indian Tribe 
that grant funds will be used to supplement and 
not supplant other Federal, State, local, and 
Tribal funds that are used for the purposes de-
scribed in paragraph (1); 
‘‘(G) a description of any plans or agree-
ments to coordinate services among Federal, 
State, local, and Tribal governments; and 
‘‘(H) any additional information required 
by the Director through written guidance, after 
consultation with Indian Tribes. 
‘‘(3) NO MATCHING REQUIREMENT.—A recipi-
ent or subrecipient of a covered grant shall not be 
required to make a matching contribution for Fed-
eral dollars received. 
‘‘(4) PROHIBITED USES OF FUNDS.—A recipi-
ent or subrecipient of a covered grant may not use 
the amounts of the grant for— 
‘‘(A) salaries, benefits, fees, furniture, 
equipment, and other expenses of executive di-
rectors, board members, and other administra-
tors, except as specifically allowed under this 
section; 
‘‘(B) lobbying and administrative advocacy; 
and 
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‘‘(C) fundraising activities. 
‘‘(5) ANNUAL REPORT.—A recipient of a cov-
ered grant shall, on an annual basis, submit to the 
Director 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 or spent and the amount of 
funds obligated or spent by the recipient or sub-
recipient for each purpose, including, on a quar-
terly basis— 
‘‘(i) the amount of grant funds obli-
gated or spent by the recipient or sub-
recipient for administrative and operational 
costs; and 
‘‘(ii) the amount of grant funds obli-
gated or spent by the recipient or sub-
recipient for direct services; 
‘‘(B) the number of individuals served as a 
result of the grant; 
‘‘(C) a description, in the aggregate, of the 
types of individuals served, including— 
‘‘(i) the alleged crime and injury in-
volved; 
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‘‘(ii) whether the victim is an Indian; 
and 
‘‘(iii) the age, sex, and Tribal affili-
ation 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 
on Indian land; 
‘‘(ii) whether the alleged perpetrator 
is an Indian; 
‘‘(iii) the disposition of the incident; 
and 
‘‘(iv) all jurisdictions involved in any 
disposition. 
‘‘(6) OBLIGATION TO REPORT FRAUD, WASTE, 
OR ABUSE OF GRANT FUNDS.—A recipient or sub-
recipient of a covered grant shall immediately report 
to the Director any finding of fraud, waste, or abuse 
of grant funds. 
‘‘(d) PROTECTION
OF CRIME VICTIM CONFIDEN-
TIALITY 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 sub-
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recipients of covered grants shall protect the con-
fidentiality and privacy of individuals receiving serv-
ices from the recipient or subrecipient. 
‘‘(2) NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—Subject to paragraphs 
(3) and (4), a recipient or subrecipient of a cov-
ered grant 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 
subrecipient or require the release of personally 
identifying information as a condition of eligi-
bility for the services provided by the recipient 
or subrecipient— 
‘‘(i) regardless of whether the infor-
mation 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 individual, absent the 
informed, written, reasonably time-limited 
consent of— 
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‘‘(I) the individual about whom 
information is sought; 
‘‘(II) in the case of an emanci-
pated minor, the minor, and the par-
ent or guardian; or 
‘‘(III) in the case of legal inca-
pacity, a court-appointed guardian. 
‘‘(B) CERTAIN MINORS AND OTHER INDI-
VIDUALS.—If a minor or individual with a le-
gally 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 subpara-
graph (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 statu-
tory or court mandate, a recipient or subrecipient of 
a covered grant shall— 
‘‘(A) make reasonable attempts to provide 
notice to victims of crime affected by the disclo-
sure of information; and 
‘‘(B) take steps necessary to protect the 
privacy and safety of the individuals affected by 
the release of the information. 
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‘‘(4) INFORMATION
SHARING.—A recipient or 
subrecipient of a covered grant may share— 
‘‘(A) data in the aggregate that is not per-
sonally identifying information regarding serv-
ices to clients and demographics in order to 
comply with Federal, State, Tribal, or terri-
torial reporting, evaluation, or data collection 
requirements; 
‘‘(B) court-generated and law enforcement- 
generated information contained in secure gov-
ernmental registries for protection order en-
forcement purposes; and 
‘‘(C) law enforcement-generated and pros-
ecution-generated information necessary for law 
enforcement and prosecution purposes. 
‘‘(5) STATUTORILY
MANDATED
REPORTS
OF 
ABUSE
OR
NEGLECT.—Nothing in this subsection 
shall be construed to prohibit a recipient or sub-
recipient of a covered grant from reporting sus-
pected abuse or neglect of an individual. 
‘‘(6) CONGRESSIONAL OVERSIGHT.— 
‘‘(A) IN GENERAL.—Nothing in this sub-
section shall be construed to prohibit the Direc-
tor from disclosing grant activities authorized 
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by this section to the appropriate committees of 
Congress. 
‘‘(B) REQUIREMENTS.—The Director shall 
ensure that a disclosure under subparagraph 
(A) protects confidentiality and omits person-
ally identifying information. 
‘‘(7) CONFIDENTIALITY ASSESSMENT AND AS-
SURANCES.—A recipient or subrecipient of a covered 
grant shall document compliance with the confiden-
tiality and privacy requirements of this subsection. 
‘‘(e) OVERSIGHT AND ENFORCEMENT AUTHORITY.— 
‘‘(1) AUTHORITY.—The Director shall— 
‘‘(A) regularly monitor and review covered 
grants awarded, which shall include evaluation 
of quarterly financial reports for victim services 
grants; and 
‘‘(B) conduct investigations and audits— 
‘‘(i) to ensure compliance with all ap-
plicable Federal law; and 
‘‘(ii) to prevent duplication and redun-
dancy in the awarding of covered grants. 
‘‘(2) PERFORMANCE MEASURES AND ENFORCE-
ABLE AGREEMENTS.—The Director shall ensure that 
all covered grants are subject to performance meas-
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