SURVIVE Act

I 117TH CONGRESS 1ST SESSION H. R. 2739 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 APRIL 21, 2021 Mr. O’HALLERAN (for himself, Mr. YOUNG, and Mr. COLE) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing Urgent Re- 4 sources Vital to Indian Victim Empowerment Act’’ or the 5 ‘‘SURVIVE Act’’. 6 SEC. 2. INDIAN VICTIMS OF CRIME. 7 (a) GRANT PROGRAM FOR INDIAN CRIME VICTIM 8 SERVICES.—The Victims of Crime Act of 1984 (34 U.S.C. 9 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2739 IH 20101 et seq.) is amended by inserting after section 1 1404F the following: 2 ‘‘GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES 3 ‘‘SEC. 1404G. (a) DEFINITIONS.—In this section: 4 ‘‘(1) APPROPRIATE COMMITTEES OF CON- 5 GRESS.—The term ‘appropriate committees of Con- 6 gress’ means— 7 ‘‘(A) the Committee on Indian Affairs of 8 the Senate; 9 ‘‘(B) the Subcommittee on Indian, Insular 10 and Alaska Native Affairs of the Committee on 11 Natural Resources of the House of Representa- 12 tives; 13 ‘‘(C) the Committee on the Judiciary of 14 the Senate; and 15 ‘‘(D) the Committee on the Judiciary of 16 the House of Representatives. 17 ‘‘(2) COVERED GRANT.—The term ‘covered 18 grant’ means a grant under subsection (c). 19 ‘‘(3) ELIGIBLE INDIAN TRIBE.—The term ‘eligi- 20 ble Indian Tribe’ means an Indian Tribe that sub- 21 mits a written proposal for a covered grant to the 22 Director in accordance with subsection (c)(2). 23 ‘‘(4) IMMEDIATE FAMILY MEMBER.—The term 24 ‘immediate family member’ has the meaning given 25 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2739 IH the term in section 115(c) of title 18, United States 1 Code. 2 ‘‘(5) INDIAN.—The term ‘Indian’ means a 3 member of an Indian Tribe. 4 ‘‘(6) INDIAN LAND.—The term ‘Indian land’ 5 has the meaning given the term ‘Indian lands’ in 6 section 3 of the Native American Business Develop- 7 ment, Trade Promotion, and Tourism Act of 2000 8 (25 U.S.C. 4302). 9 ‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 10 has the meaning given the term ‘Indian tribe’ in sec- 11 tion 4 of the Indian Self-Determination and Edu- 12 cation Assistance Act (25 U.S.C. 5304). 13 ‘‘(8) PERSONALLY IDENTIFYING INFORMA- 14 TION.—The term ‘personally identifying information’ 15 has the meaning given the term in section 40002(a) 16 of the Violence Against Women Act of 1994 (34 17 U.S.C. 12291(a)). 18 ‘‘(9) SERVICES TO VICTIMS OF CRIME.—The 19 term ‘services to victims of crime’— 20 ‘‘(A) has the meaning given the term in 21 section 1404; and 22 ‘‘(B) includes efforts that— 23 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2739 IH ‘‘(i) respond to the emotional, psycho- 1 logical, or physical needs of a victim of 2 crime; 3 ‘‘(ii) assist a victim of crime in stabi- 4 lizing his or her life after victimization; 5 ‘‘(iii) assist a victim of crime in un- 6 derstanding and participating in the crimi- 7 nal justice system; or 8 ‘‘(iv) restore a measure of security 9 and safety for a victim of crime. 10 ‘‘(10) VICTIM OF CRIME.—The term ‘victim of 11 crime’ means an individual who has suffered direct 12 physical, sexual, financial, or emotional harm as a 13 result of the commission of a crime. 14 ‘‘(b) DUTIES OF THE DIRECTOR.—The Director 15 shall— 16 ‘‘(1) administer the grant program described in 17 subsection (c); 18 ‘‘(2) provide planning, research, training, and 19 technical assistance to recipients of covered grants; 20 and 21 ‘‘(3) coordinate with the Office of Tribal Jus- 22 tice, the Indian Health Service, and the Bureau of 23 Indian Affairs in implementing the grant program 24 described in subsection (c). 25 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2739 IH ‘‘(c) GRANT PROGRAM.— 1 ‘‘(1) IN GENERAL.—On an annual basis, the 2 Director shall make grants to eligible Indian Tribes 3 for the purposes of funding— 4 ‘‘(A) a program, administered by one or 5 more Indian Tribes, that provides services to 6 victims of crime, which may be provided in tra- 7 ditional form or through electronic, digital, or 8 other technological formats, including— 9 ‘‘(i) services to victims of crime pro- 10 vided through subgrants to agencies or de- 11 partments of Tribal governments or non- 12 profit organizations; 13 ‘‘(ii) domestic violence shelters, rape 14 crisis centers, child abuse programs, child 15 advocacy centers, and elder abuse pro- 16 grams providing services to victims of 17 crime; 18 ‘‘(iii) medical care, equipment, treat- 19 ment, and related evaluations arising from 20 the victimization, including— 21 ‘‘(I) emergency medical care and 22 evaluation, nonemergency medical 23 care and evaluation, psychological and 24 psychiatric care and evaluation, and 25 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2739 IH other forms of medical assistance, 1 treatment, or therapy, regardless of 2 the setting in which the services are 3 delivered; 4 ‘‘(II) mental and behavioral 5 health and crisis counseling, evalua- 6 tion, and assistance, including out- 7 patient therapy, counseling services, 8 substance abuse treatment, and other 9 forms of specialized treatment, includ- 10 ing intervention and prevention serv- 11 ices; 12 ‘‘(III) prophylactic treatment to 13 prevent an individual from contracting 14 HIV/AIDS or any other sexually 15 transmitted disease or infection; and 16 ‘‘(IV) forensic medical evidence 17 collection examinations and forensic 18 interviews of victims of crime— 19 ‘‘(aa) to the extent that 20 other funding sources are un- 21 available or insufficient; and 22 ‘‘(bb) on the condition that, 23 to the extent practicable, the ex- 24 aminers and interviewers follow 25 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2739 IH relevant guidelines or protocols 1 issued by the State, unit of local 2 government, or Indian Tribe with 3 jurisdiction over the area in 4 which the examination or inter- 5 view is conducted; 6 ‘‘(iv) legal services, legal assistance 7 services, and legal clinics (including serv- 8 ices provided by pro bono legal clinics and 9 practitioners), the need for which arises di- 10 rectly from the victimization; 11 ‘‘(v) the training and certification of 12 service animals and therapy animals; 13 ‘‘(vi) equipment for Braille or TTY/ 14 TTD machines for the deaf necessary to 15 provide services to victims of crime; 16 ‘‘(vii) restorative justice opportunities 17 that allow victims of crime to meet with 18 the perpetrators if the meetings are volun- 19 tarily agreed to by the victim of crime and 20 are for therapeutic purposes; and 21 ‘‘(viii) training and related materials, 22 including books, training manuals, and 23 training videos, for staff and service pro- 24 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2739 IH viders to develop skills necessary to offer 1 quality services to victims of crime; 2 ‘‘(B) the development or implementation of 3 training, technical assistance, or professional 4 development that improves or enhances the 5 quality of services to victims of crime, including 6 coordination between healthcare, education, and 7 justice systems; 8 ‘‘(C) the transportation of victims of crime 9 to— 10 ‘‘(i) receive services; or 11 ‘‘(ii) participate in criminal justice 12 proceedings; 13 ‘‘(D) emergency legal assistance to victims 14 of crime that is directly connected to the crime; 15 ‘‘(E) the supervision of direct service pro- 16 viders and contracts for professional or special- 17 ized services that are related directly to pro- 18 viding services to victims of crime; 19 ‘‘(F) the repair and replacement of essen- 20 tial items used during the provision of services 21 to victims of crime to contribute to and main- 22 tain a healthy and safe environment for the vic- 23 tims; 24 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2739 IH ‘‘(G) transitional housing for victims of 1 crime, particularly victims who have a par- 2 ticular need for such housing and cannot safely 3 return to previous housing, including travel, 4 rental assistance, security deposits, utilities, 5 and other related costs that are incidental to 6 the relocation to transitional housing; 7 ‘‘(H) the relocation of victims of crime, 8 particularly where necessary for the safety and 9 well-being of the victim, including reasonable 10 moving expenses, security deposits for housing, 11 rental expenses, and utility startup costs; 12 ‘‘(I) the coordination of activities that fa- 13 cilitate the provision of direct services to victims 14 of crime; 15 ‘‘(J) a multi-system, inter-agency, multi- 16 disciplinary response to the needs of victims of 17 crime; and 18 ‘‘(K) the administration of the program 19 and services described in this section. 20 ‘‘(2) ELIGIBILITY.—An Indian Tribe seeking a 21 covered grant shall, in response to a request for pro- 22 posal, submit to the Director a written proposal for 23 a covered grant, which shall include— 24 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2739 IH ‘‘(A) a description of the need for services 1 and the mission and goals of the activity to be 2 carried out using the grant; 3 ‘‘(B) a description of how amounts re- 4 ceived under the grant would be used; 5 ‘‘(C) the proposed annual budget for the 6 activities for each fiscal year in which amounts 7 received under the grant may be used; 8 ‘‘(D) any qualifications, certifications, or 9 licenses that may be required for individuals in- 10 volved in administering the program; 11 ‘‘(E) a certification by the Indian Tribe 12 that, under the law of that Indian Tribe or the 13 law of a State to which the Act of August 15, 14 1953 (67 Stat. 588, chapter 505) (commonly 15 known as ‘Public Law 280’) applies— 16 ‘‘(i) victims of crime are entitled to 17 the rights and protections described in sec- 18 tion 3771(a) of title 18, United States 19 Code, or substantially similar rights and 20 protections; and 21 ‘‘(ii) individuals who report crimes are 22 protected by law from retribution and re- 23 taliation; 24 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2739 IH ‘‘(F) a certification by the Indian Tribe 1 that grant funds will be used to supplement and 2 not supplant other Federal, State, local, and 3 Tribal funds that are used for the purposes de- 4 scribed in paragraph (1); 5 ‘‘(G) a description of any plans or agree- 6 ments to coordinate services among Federal, 7 State, local, and Tribal governments; and 8 ‘‘(H) any additional information required 9 by the Director through written guidance, after 10 consultation with Indian Tribes. 11 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi- 12 ent or subrecipient of a covered grant shall not be 13 required to make a matching contribution for Fed- 14 eral dollars received. 15 ‘‘(4) PROHIBITED USES OF FUNDS.—A recipi- 16 ent or subrecipient of a covered grant may not use 17 the amounts of the grant for— 18 ‘‘(A) salaries, benefits, fees, furniture, 19 equipment, and other expenses of executive di- 20 rectors, board members, and other administra- 21 tors, except as specifically allowed under this 22 section; 23 ‘‘(B) lobbying and administrative advocacy; 24 and 25 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2739 IH ‘‘(C) fundraising activities. 1 ‘‘(5) ANNUAL REPORT.—A recipient of a cov- 2 ered grant shall, on an annual basis, submit to the 3 Director an itemized budget with a report describing 4 the purpose for which the grant was used, which 5 shall include— 6 ‘‘(A) the purpose for which grant funds 7 were obligated or spent and the amount of 8 funds obligated or spent by the recipient or sub- 9 recipient for each purpose, including, on a quar- 10 terly basis— 11 ‘‘(i) the amount of grant funds obli- 12 gated or spent by the recipient or sub- 13 recipient for administrative and operational 14 costs; and 15 ‘‘(ii) the amount of grant funds obli- 16 gated or spent by the recipient or sub- 17 recipient for direct services; 18 ‘‘(B) the number of individuals served as a 19 result of the grant; 20 ‘‘(C) a description, in the aggregate, of the 21 types of individuals served, including— 22 ‘‘(i) the alleged crime and injury in- 23 volved; 24 VerDate Sep 11 2014 02:28 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 2739 IH ‘‘(ii) whether the victim is an Indian; 1 and 2 ‘‘(iii) the age, sex, and Tribal affili- 3 ation of the victim, if applicable; and 4 ‘‘(D) a description, in the aggregate, of the 5 general nature and location of the alleged 6 crimes involved, including— 7 ‘‘(i) whether the crime was committed 8 on Indian land; 9 ‘‘(ii) whether the alleged perpetrator 10 is an Indian; 11 ‘‘(iii) the disposition of the incident; 12 and 13 ‘‘(iv) all jurisdictions involved in any 14 disposition. 15 ‘‘(6) OBLIGATION TO REPORT FRAUD, WASTE, 16 OR ABUSE OF GRANT FUNDS.—A recipient or sub- 17 recipient of a covered grant shall immediately report 18 to the Director any finding of fraud, waste, or abuse 19 of grant funds. 20 ‘‘(d) PROTECTION OF CRIME VICTIM CONFIDEN- 21 TIALITY AND PRIVACY.— 22 ‘‘(1) ANNUAL REPORTS.—In order to ensure 23 the safety of victims of crime and immediate family 24 members of victims of crime, recipients and sub- 25 VerDa [Text truncated for display. 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