SURVIVE Act

II Calendar No. 84 116TH CONGRESS 1ST SESSION S. 211 [Report No. 116–40] 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. COR- TEZ MASTO, Mr. TESTER, Ms. SMITH, Ms. MURKOWSKI, Ms. CANTWELL, Ms. WARREN, Ms. MCSALLY, Mr. MERKLEY, Mr. SULLIVAN, Mr. CRAMER, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs MAY 13, 2019 Reported by Mr. HOEVEN, without amendment 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 VerDate Sep 11 2014 22:39 May 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 2 •S 211 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Securing Urgent Re- 2 sources Vital to Indian Victim Empowerment Act’’ or the 3 ‘‘SURVIVE Act’’. 4 SEC. 2. INDIAN VICTIMS OF CRIME. 5 (a) GRANT PROGRAM FOR INDIAN CRIME VICTIM 6 SERVICES.—The Victims of Crime Act of 1984 (34 U.S.C. 7 20101 et seq.) is amended by inserting after section 8 1404F the following: 9 ‘‘GRANT PROGRAM FOR INDIAN CRIME VICTIM SERVICES 10 ‘‘SEC. 1404G. (a) DEFINITIONS.—In this section: 11 ‘‘(1) APPROPRIATE COMMITTEES OF CON- 12 GRESS.—The term ‘appropriate committees of Con- 13 gress’ means— 14 ‘‘(A) the Committee on Indian Affairs of 15 the Senate; 16 ‘‘(B) the Subcommittee on Indian, Insular 17 and Alaska Native Affairs of the Committee on 18 Natural Resources of the House of Representa- 19 tives; 20 ‘‘(C) the Committee on the Judiciary of 21 the Senate; and 22 ‘‘(D) the Committee on the Judiciary of 23 the House of Representatives. 24 ‘‘(2) COVERED GRANT.—The term ‘covered 25 grant’ means a grant under subsection (c). 26 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 3 •S 211 RS ‘‘(3) ELIGIBLE INDIAN TRIBE.—The term ‘eligi- 1 ble Indian Tribe’ means an Indian Tribe that sub- 2 mits a written proposal for a covered grant to the 3 Director in accordance with subsection (c)(2). 4 ‘‘(4) IMMEDIATE FAMILY MEMBER.—The term 5 ‘immediate family member’ has the meaning given 6 the term in section 115(c) of title 18, United States 7 Code. 8 ‘‘(5) INDIAN.—The term ‘Indian’ means a 9 member of an Indian Tribe. 10 ‘‘(6) INDIAN LAND.—The term ‘Indian land’ 11 has the meaning given the term ‘Indian lands’ in 12 section 3 of the Native American Business Develop- 13 ment, Trade Promotion, and Tourism Act of 2000 14 (25 U.S.C. 4302). 15 ‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 16 has the meaning given the term ‘Indian tribe’ in sec- 17 tion 4 of the Indian Self-Determination and Edu- 18 cation Assistance Act (25 U.S.C. 5304). 19 ‘‘(8) PERSONALLY IDENTIFYING INFORMA- 20 TION.—The term ‘personally identifying information’ 21 has the meaning given the term in section 40002(a) 22 of the Violence Against Women Act of 1994 (34 23 U.S.C. 12291(a)). 24 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 4 •S 211 RS ‘‘(9) SERVICES TO VICTIMS OF CRIME.—The 1 term ‘services to victims of crime’— 2 ‘‘(A) has the meaning given the term in 3 section 1404; and 4 ‘‘(B) includes efforts that— 5 ‘‘(i) respond to the emotional, psycho- 6 logical, or physical needs of a victim of 7 crime; 8 ‘‘(ii) assist a victim of crime in stabi- 9 lizing his or her life after victimization; 10 ‘‘(iii) assist a victim of crime in un- 11 derstanding and participating in the crimi- 12 nal justice system; or 13 ‘‘(iv) restore a measure of security 14 and safety for a victim of crime. 15 ‘‘(10) VICTIM OF CRIME.—The term ‘victim of 16 crime’ means an individual who has suffered direct 17 physical, sexual, financial, or emotional harm as a 18 result of the commission of a crime. 19 ‘‘(b) DUTIES OF THE DIRECTOR.—The Director 20 shall— 21 ‘‘(1) administer the grant program described in 22 subsection (c); 23 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 5 •S 211 RS ‘‘(2) provide planning, research, training, and 1 technical assistance to recipients of covered grants; 2 and 3 ‘‘(3) coordinate with the Office of Tribal Jus- 4 tice, the Indian Health Service, and the Bureau of 5 Indian Affairs in implementing the grant program 6 described in subsection (c). 7 ‘‘(c) GRANT PROGRAM.— 8 ‘‘(1) IN GENERAL.—On an annual basis, the 9 Director shall make grants to eligible Indian Tribes 10 for the purposes of funding— 11 ‘‘(A) a program, administered by one or 12 more Indian Tribes, that provides services to 13 victims of crime, which may be provided in tra- 14 ditional form or through electronic, digital, or 15 other technological formats, including— 16 ‘‘(i) services to victims of crime pro- 17 vided through subgrants to agencies or de- 18 partments of Tribal governments or non- 19 profit organizations; 20 ‘‘(ii) domestic violence shelters, rape 21 crisis centers, child abuse programs, child 22 advocacy centers, and elder abuse pro- 23 grams providing services to victims of 24 crime; 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 6 •S 211 RS ‘‘(iii) medical care, equipment, treat- 1 ment, and related evaluations arising from 2 the victimization, including— 3 ‘‘(I) emergency medical care and 4 evaluation, nonemergency medical 5 care and evaluation, psychological and 6 psychiatric care and evaluation, and 7 other forms of medical assistance, 8 treatment, or therapy, regardless of 9 the setting in which the services are 10 delivered; 11 ‘‘(II) mental and behavioral 12 health and crisis counseling, evalua- 13 tion, and assistance, including out- 14 patient therapy, counseling services, 15 substance abuse treatment, and other 16 forms of specialized treatment, includ- 17 ing intervention and prevention serv- 18 ices; 19 ‘‘(III) prophylactic treatment to 20 prevent an individual from contracting 21 HIV/AIDS or any other sexually 22 transmitted disease or infection; and 23 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 7 •S 211 RS ‘‘(IV) forensic medical evidence 1 collection examinations and forensic 2 interviews of victims of crime— 3 ‘‘(aa) to the extent that 4 other funding sources are un- 5 available or insufficient; and 6 ‘‘(bb) on the condition that, 7 to the extent practicable, the ex- 8 aminers and interviewers follow 9 relevant guidelines or protocols 10 issued by the State, unit of local 11 government, or Indian Tribe with 12 jurisdiction over the area in 13 which the examination or inter- 14 view is conducted; 15 ‘‘(iv) legal services, legal assistance 16 services, and legal clinics (including serv- 17 ices provided by pro bono legal clinics and 18 practitioners), the need for which arises di- 19 rectly from the victimization; 20 ‘‘(v) the training and certification of 21 service animals and therapy animals; 22 ‘‘(vi) equipment for Braille or TTY/ 23 TTD machines for the deaf necessary to 24 provide services to victims of crime; 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 8 •S 211 RS ‘‘(vii) restorative justice opportunities 1 that allow victims of crime to meet with 2 the perpetrators if the meetings are volun- 3 tarily agreed to by the victim of crime and 4 are for therapeutic purposes; and 5 ‘‘(viii) training and related materials, 6 including books, training manuals, and 7 training videos, for staff and service pro- 8 viders to develop skills necessary to offer 9 quality services to victims of crime; 10 ‘‘(B) the development or implementation of 11 training, technical assistance, or professional 12 development that improves or enhances the 13 quality of services to victims of crime, including 14 coordination between healthcare, education, and 15 justice systems; 16 ‘‘(C) the transportation of victims of crime 17 to— 18 ‘‘(i) receive services; or 19 ‘‘(ii) participate in criminal justice 20 proceedings; 21 ‘‘(D) emergency legal assistance to victims 22 of crime that is directly connected to the crime; 23 ‘‘(E) the supervision of direct service pro- 24 viders and contracts for professional or special- 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 9 •S 211 RS ized services that are related directly to pro- 1 viding services to victims of crime; 2 ‘‘(F) the repair and replacement of essen- 3 tial items used during the provision of services 4 to victims of crime to contribute to and main- 5 tain a healthy and safe environment for the vic- 6 tims; 7 ‘‘(G) transitional housing for victims of 8 crime, particularly victims who have a par- 9 ticular need for such housing and cannot safely 10 return to previous housing, including travel, 11 rental assistance, security deposits, utilities, 12 and other related costs that are incidental to 13 the relocation to transitional housing; 14 ‘‘(H) the relocation of victims of crime, 15 particularly where necessary for the safety and 16 well-being of the victim, including reasonable 17 moving expenses, security deposits for housing, 18 rental expenses, and utility startup costs; 19 ‘‘(I) the coordination of activities that fa- 20 cilitate the provision of direct services to victims 21 of crime; 22 ‘‘(J) a multi-system, inter-agency, multi- 23 disciplinary response to the needs of victims of 24 crime; and 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 10 •S 211 RS ‘‘(K) the administration of the program 1 and services described in this section. 2 ‘‘(2) ELIGIBILITY.—An Indian Tribe seeking a 3 covered grant shall, in response to a request for pro- 4 posal, submit to the Director a written proposal for 5 a covered grant, which shall include— 6 ‘‘(A) a description of the need for services 7 and the mission and goals of the activity to be 8 carried out using the grant; 9 ‘‘(B) a description of how amounts re- 10 ceived under the grant would be used; 11 ‘‘(C) the proposed annual budget for the 12 activities for each fiscal year in which amounts 13 received under the grant may be used; 14 ‘‘(D) any qualifications, certifications, or 15 licenses that may be required for individuals in- 16 volved in administering the program; 17 ‘‘(E) a certification by the Indian Tribe 18 that, under the law of that Indian Tribe or the 19 law of a State to which the Act of August 15, 20 1953 (67 Stat. 588, chapter 505) (commonly 21 known as ‘Public Law 280’) applies— 22 ‘‘(i) victims of crime are entitled to 23 the rights and protections described in sec- 24 tion 3771(a) of title 18, United States 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 11 •S 211 RS Code, or substantially similar rights and 1 protections; and 2 ‘‘(ii) individuals who report crimes are 3 protected by law from retribution and re- 4 taliation; 5 ‘‘(F) a certification by the Indian Tribe 6 that grant funds will be used to supplement and 7 not supplant other Federal, State, local, and 8 Tribal funds that are used for the purposes de- 9 scribed in paragraph (1); 10 ‘‘(G) a description of any plans or agree- 11 ments to coordinate services among Federal, 12 State, local, and Tribal governments; and 13 ‘‘(H) any additional information required 14 by the Director through written guidance, after 15 consultation with Indian Tribes. 16 ‘‘(3) NO MATCHING REQUIREMENT.—A recipi- 17 ent or subrecipient of a covered grant shall not be 18 required to make a matching contribution for Fed- 19 eral dollars received. 20 ‘‘(4) PROHIBITED USES OF FUNDS.—A recipi- 21 ent or subrecipient of a covered grant may not use 22 the amounts of the grant for— 23 ‘‘(A) salaries, benefits, fees, furniture, 24 equipment, and other expenses of executive di- 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 12 •S 211 RS rectors, board members, and other administra- 1 tors, except as specifically allowed under this 2 section; 3 ‘‘(B) lobbying and administrative advocacy; 4 and 5 ‘‘(C) fundraising activities. 6 ‘‘(5) ANNUAL REPORT.—A recipient of a cov- 7 ered grant shall, on an annual basis, submit to the 8 Director an itemized budget with a report describing 9 the purpose for which the grant was used, which 10 shall include— 11 ‘‘(A) the purpose for which grant funds 12 were obligated or spent and the amount of 13 funds obligated or spent by the recipient or sub- 14 recipient for each purpose, including, on a quar- 15 terly basis— 16 ‘‘(i) the amount of grant funds obli- 17 gated or spent by the recipient or sub- 18 recipient for administrative and operational 19 costs; and 20 ‘‘(ii) the amount of grant funds obli- 21 gated or spent by the recipient or sub- 22 recipient for direct services; 23 ‘‘(B) the number of individuals served as a 24 result of the grant; 25 VerDate Sep 11 2014 22:15 May 13, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S211.RS S211 jbell on DSK3GLQ082PROD with BILLS 13 •S 211 RS ‘‘(C) a description, in the aggregate, of the 1 types of individuals served, including— 2 ‘‘(i) the alleged crime and injury in- 3 volved; 4 ‘‘(ii) whether the victim is an Indian; 5 and 6 ‘‘(iii) the age, sex, and Tribal affili- 7 ation of the victim, if applicable; and 8 ‘‘(D) a description, in the aggregate, of the 9 general nature and location of the alleged 10 crimes involved, including— 11 ‘‘(i) whether the crime was committed 12 on Indian land; 13 ‘‘(ii) whether the alleged perpetrator 14 is an Indian; 15 ‘‘(iii) the disposition of the incident; 16 and 17 ‘‘(iv) all jurisdictions involved in any 18 disposition. 19 ‘‘(6) OBLIGATION TO REPORT FRAUD, WASTE, 20 OR ABUSE OF GRANT FUNDS.—A recipient or sub- 21 recipient of a covered grant shall immediately report 22 to the Director any [Text truncated for display. 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