[Senate Report 114-172]
[From the U.S. Government Publishing Office]
Calendar No. 312
114th Congress { SENATE } Report
1st Session { } 114-172
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INDIAN TRIBAL JUSTICE ACT TO SECURE URGENT RESOURCES VITAL TO INDIAN
VICTIMS OF CRIME, AND FOR OTHER PURPOSES
_______
December 3, 2015.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1704]
The Committee on Indian Affairs, to which was referred the
bill (S. 1704) to amend the Indian Tribal Justice Act to secure
urgent resources vital to Indian victims of crime, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
Purpose
The purpose of S. 1704 is to create a dedicated funding
stream from the Crime Victims Fund to administer a tribal grant
program through the Department of the Interior for victims of
crime. It would also increase Indian tribes' flexibility to use
grants to build a baseline service delivery capacity and
improve access to greatly needed, culturally appropriate,
community-specific services.
Background
In 1984, the Crime Victims Fund (CVF) was created by the
Victims of Crime Act (VOCA) to support services for victims of
crime.\1\ The Office for Victims of Crime (OVC) was established
within the Department of Justice (DOJ) to administer the
CVF.\2\ The CVF is budget neutral, and it is resourced by
criminal fines, forfeited appearance bonds, penalties, special
assessments, gifts, bequests, and donations.\3\
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\1\Victims of Crime Act of 1984, Pub. L. No. 98-473 (1984).
\2\See generally, Lisa N. Sacco, Cong. Research Serv., R42672, The
Crime Victims Fund: Federal Support for Victims of Crime (2015).
\3\Id.
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The OVC administers the CVF through formula and
discretionary grants to state and local governments and other
entities, as well as through specially designated programs.\4\
After specially designated programs are allocated, the
remaining balance of the CVF is distributed through OVC
discretionary grants, state victim compensation formula grants,
and state victim assistance formula grants.\5\ Crime victim
assistance and compensation grants may be used for three years
once awarded. Any unspent amounts are retained in the CVF for
future use.\6\
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\4\Id. ``Specially designated programs''' include the Children's
Justice Act Program, U.S. Attorneys' Victim Witness Coordinator funding
to support full time employees, FBI Victim Witness Specialist funding
to support full time employees, and Federal Victim Notification System
funding.
\5\Victim compensation formula grants may be used by states to
reimburse crime victims for out-of-pocket expenses authorized in a
state's compensation statute, which are not covered by other resources.
Victim assistance formula grants are directed by states to state and
community-based victim service program operations to support direct
services to victims of crime. States cannot use assistance grant funds
in lieu of state and local dollars available for crime victim
assistance and must prioritize distribution to certain types of victims
according to VOCA guidelines. See Lisa N. Sacco, Cong. Research Serv.,
R42672, The Crime Victims Fund: Federal Support for Victims of Crime
(2015).
\6\Lisa N. Sacco, Cong. Research Serv., R42672, The Crime Victims
Fund: Federal Support for Victims of Crime (2015).
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During the 98th Congress, Congress capped annual deposits
to the CVF.\7\ These caps were eliminated in 1993, and from
fiscal years 1985 to 1998, deposits collected in each fiscal
year were distributed the following fiscal year for crime
victim services.\8\ Congress established an annual obligation
cap on the amount of the CVF funds that would be made available
for distribution to support crime victim services in fiscal
year 2000.\9\ Since then, Congress has established the annual
obligation cap through appropriations law.\10\
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\7\Id.
\8\Id.
\9\Id.
\10\The CVF obligation cap was set at $2.361 billion in fiscal year
2015.
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Deposits to the CVF have grown dramatically over time.\11\
Although the need for crime victim services also continues to
grow, only a fraction of these dollars have actually been
disbursed for the purpose of supporting crime victim
services.\12\
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\11\Lisa N. Sacco, Cong. Research Serv., R42672, The Crime Victims
Fund: Federal Support for Victims of Crime (2015).
\12\See Id.
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In the 114th Congress, Senator Pat Toomey (R-PA) introduced
S. 1495 to promote fairness for victims of crime and ensure the
continued viability of the CVF.\13\ The Senate Committee on the
Budget marked up the bill, which was placed on the Senate
Legislative Calendar on July 21, 2015. An identical companion
bill was introduced by Representative Joseph R. Pitts (R-PA).
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\13\Fairness for Crime Victims Act of 2015, S. 1495, 114th Cong.
(2015).
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Need for Legislation
The need for crime victim services is especially
significant in Indian country for a number of reasons,
including higher crime and victimization rates and systemic
roadblocks that make it difficult, or in some cases impossible,
for Indian tribes to secure resources for victims of crime.\14\
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\14\Addressing the Need for Victim Services in Indian Country:
Hearing before the S. Comm. on Indian Affairs, 114th Cong. (2015).
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Under the current system, despite disproportionately high
rates of victimization among American Indians and Alaska
Natives\15\ and significant increases in deposits to the
CVF\16\, Indian tribes' ability to access the CVF to meet the
needs of crime victims in Indian country is severely
limited.\17\ These challenges are compounded by the lack of
victim services infrastructure on tribal lands. Most Indian
tribes lack not only the funding necessary to provide basic
services to victims of crime, but also the infrastructure and
capacity required to actually deliver these services.\18\
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\15\See Attorney General's Advisory Comm. on American Indian and
Alaska Native Children Exposed to Violence: Ending Violence so Children
Can Thrive (Nov. 2014). According to the U.S. Department of Justice and
the Indian Law and Order Commission, for instance, American Indian and
Alaska Native (AIAN) youth experience reported violent crime rates up
to 10 times the national rate, and approximately 22% of AIAN youth
suffer from post-traumatic stress disorder. Native American women are
10 times as likely to be murdered as other U.S. citizens, and are
sexually assaulted at 4 times the national average, and Alaska Native
women are sexually assaulted at a rate of 12 times the national
average. 96% of AIAN victims of rape or sexual assault have experienced
other physical abuses.
\16\Lisa N. Sacco, Cong. Research Serv., R42672, The Crime Victims
Fund: Federal Support for Victims of Crime (2015).
\17\Addressing the Need for Victim Services in Indian Country:
Hearing before the S. Comm. on Indian Affairs, 114th Cong. (2015).
\18\Id.
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The manner in which the CVF has been allocated demonstrates
that the current system is not sufficiently flexible to address
the unique needs of Indian tribes. Indian tribes are required
to apply to states for victim compensation and assistance
funding, and significant restrictions on how the CVF funds may
be used undermines Indian tribes' ability to provide services
to victims of crime.\19\ Restrictions on the types of
assistance that may be supported with CVF compensation and
assistance dollars have also limited tribes' ability to provide
greatly needed services to crime victims.\20\
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\19\Id.
\20\Id.
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The need for reform is evidenced by the fact that over the
past five fiscal years, despite rising crime and victimization
rates, Indian tribes have never received more than 0.7% of the
CVF crime victim assistance funding available.\21\ Over the
same time period, only a fraction of the states with Indian
tribes awarded subgrants to tribes for crime victim
assistance.\22\
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\21\Information on crime victim assistance allocations provided to
the Committee on Indian Affairs by the U.S. Department of Justice on
June 3, 2015.
\22\Id. In fiscal years 2010 and 2011, only 13 states awarded
subgrants to tribes for crime victim assistance. 14 states awarded
victim assistance subgrants to tribes in fiscal year 2012. 15 states
awarded subgrants for victim assistance in fiscal year 2013. In fiscal
year 2014, only 8 states awarded subgrants to tribes.
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S. 1704 would have a direct, positive impact on crime
victims in Indian country by dramatically improving the process
by which Indian tribes access grants to support greatly needed
crime victim services and compensation. The bill would create a
dedicated funding stream from the CVF to administer a tribal
grant program through the Department of the Interior for
victims of crime. It would also allow tribes to use grants to
build a baseline service delivery capacity and otherwise
improve access to culturally appropriate, community-specific
services.
Without access to basic facilities, services and tools
necessary for crime victims to recover and redress their
injuries, the net result is often re-victimization and re-
criminalization.\23\ These systemic failures can lead to
increased recidivism, discourage reporting, prevent victims
from seeking help, and can have life-long impacts on the mental
and physical well-being of an individual or family.\24\
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\23\Addressing the Need for Victim Services in Indian Country:
Hearing before the S. Comm. on Indian Affairs, 114th Cong. (2015).
\24\Id.; also see Strengthening Alaska Native Families: Examining
Recidivism, Reentry, and Tribal Courts in Alaska: Hearing before the S.
Comm. on Indian Affairs, 114th Cong. (2015).
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Systemic failures can also have broader societal impacts
and can engender distrust with the criminal justice system.\25\
Moreover, the failure to help victims assert and defend their
rights can allow cycles of violence to grow, and may ultimately
lead to the loss of legal rights and protections.\26\
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\25\Id.; also see Attorney General's Advisory Comm. on American
Indian/Alaska Native Children Exposed to Violence: Ending Violence so
Children Can Thrive (Nov. 2014). For instance, children who experience
immediate and long-term exposure to violence suffer from increased
rates of altered neurological development, poor physical and mental
health, substance abuse, poor school performance and overrepresentation
in the juvenile justice system. Id.
\26\Addressing the Need for Victim Services in Indian Country:
Hearing before the S. Comm. on Indian Affairs, 114th Cong. (2015);
Strengthening Alaska Native Families: Examining Recidivism, Reentry,
and Tribal Courts in Alaska: Hearing before the S. Comm. on Indian
Affairs, 114th Cong. (2015).
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Legislative History
The Committee convened an oversight hearing on Addressing
the Need for Victim Services in Indian Country on June 10,
2015. At this hearing, the administration, tribal and state
officials, and a tribal court judge testified on the great need
for victim services in Indian country. The Committee received
testimony in the 114th Congress on juvenile justice, substance
abuse and behavioral health, reentry and recidivism, and tribal
courts, also underscoring the need to provide victim services
in Indian country.\27\
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\27\See e.g., Id.; Examining the True Costs of Alcohol and Drug
Abuse in Native Communities: Hearing before the S. Comm. on Indian
Affairs, 114th Cong. (2015); Juvenile Justice in Indian Country:
Challenges and Promising Strategies: Hearing before the S. Comm. on
Indian Affairs, 114th Cong. (2015); Addressing the Harmful Effects of
Dangerous Drugs in Native Communities: Hearing before the S. Comm. on
Indian Affairs, 114th Cong. (2015).
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S. 1704 was introduced on July 7, 2015, by Chairman John
Barrasso (R-WY) and referred to the Committee on Indian
Affairs. Cosponsors include Vice Chairman Jon Tester (D-MT) and
Senators Steve Daines (D-MT), Al Franken (D-MN), Heidi Heitkamp
(D-ND), John Hoeven (R-ND), John McCain (R-AZ), Jerry Moran (R-
KS), Lisa Murkowski (R-AK), Brian Schatz (D-HI), and Tom Udall
(D-NM).
The Committee considered the bill at a business meeting on
July 22, 2015. One amendment was offered and adopted. The bill,
as amended, was ordered by voice vote to be favorably reported
to the full Senate.
Although lawmakers and advocates have worked for some time
to address the need for crime victim services, S. 1704 is novel
legislation specifically focused on addressing the unique needs
of crime victims in Indian country.
S. 1704 has received strong bipartisan support. Indian
tribes, tribal associations, and crime victim advocates also
strongly support this legislation.
Summary of Amendment
Chairman Barrasso offered an amendment in the nature of a
substitute at a business meeting held on July 22, 2015. The
amendment was adopted, and no other amendments were considered.
The substitute amendment is based on substantial feedback
from Indian tribes, Committee members, the administration, and
subject-matter experts. It makes technical corrections;
clarifies and extends crime victim confidentiality and privacy
protections; allows the administering Office to provide
training and technical assistance to Indian tribes; and adjusts
the timeline for promulgating final regulations through
negotiated rulemaking.
Section-by-Section Analysis of Bill as Ordered Reported
Section 1--Short title
This section states that the Act may be cited as the
``Securing Urgent Resources Vital to Indian Victim Empowerment
Act'' or the ``SURVIVE Act.''
Section 2--Tribal Victims of Crime
Section 2(a) amends Section 3 of the Indian Tribal Justice
Act (ITJA) (25 U.S.C. Sec. 3602) by defining the terms ``victim
of crime'', ``Indian'', and ``Indian country''.
Section 2(b) amends Section 101 of the ITJA (25 U.S.C.
Sec. 3611) to change the name of the Office of Tribal Justice
Support to the ``Office of Tribal Justice Support and Victim
Services''' (the Office) and allow the Office to provide
training and technical assistance to Indian tribes.
Section 2(c) amends the ITJA to create Section 105, a grant
program for tribal crime victim services and compensation
within the Office, and defines ``immediate family member'',
``Indian tribe'', and ``personally identifying information''.
Section 2(c) directs the Office to make grants to Indian
tribes on a competitive basis for a range of crime victim
compensation and service activities. Funds obtained through
this program may be expended over a period of five years, and
shall not be subject to matching requirements. Any sums that
are unobligated at the end of the five-year period must be
returned to the Office and made available for Indian crime
victim compensation or services in the following fiscal year.
Section 2(c) also specifies that in order to access grants
under this program, an Indian tribe must submit in writing a
detailed victim assistance proposal, according to listed
parameters. Any Indian tribe that receives a grant through this
program must also submit an annual report to the Office
describing the purpose for which grant funds were used.
Section 2(c) provides explicit oversight and enforcement
authorities and duties to the Office, including requiring the
Office to engage in regular monitoring, reviews,
investigations, and audits. The Office must also ensure that
all grants are subject to performance measures and enforceable
agreements that allow for thorough program oversight. The
Secretary of the Interior (Secretary) must provide annual
compliance reports on all grants awarded under this program to
the Senate Committee on Indian Affairs and the House
Subcommittee on Indian, Insular and Alaska Native Affairs. The
annual reports shall protect the confidentiality and privacy of
individuals receiving services from the grant recipient and
omit personally identifying information.
Section 2(c) section specifies that grants awarded under
this program and related administrative costs shall be
supported with funds in the CVF, and amends Section 1402(d) of
VOCA to require 5% of the CVF funds made available for
obligation in a fiscal year to be available to the Secretary to
execute the Indian tribal grant program. The Office may not use
more than 4% of these funds for grant administration and
technical assistance costs.
Section 2(c) specifies that the grant program will sunset
after a period of ten years.
Section 3--Regulations regarding Indian tribes
Section 3(a) provides that any rule, regulation, or
guidance promulgated before enactment shall have no force or
effect with respect to the Indian tribal grant program
established under this Act.
Section 3(b) requires the Secretary to issue implementing
regulations through negotiated rulemaking, after consultation
with Indian tribes.
Section 3(b) also requires the Secretary to consult with no
less than two Indian tribes from each Bureau of Indian Affairs
region, and that small, medium, and large land-based Indian
tribes are represented during the negotiated rulemaking.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated September 3, 2015, was
prepared for S. 1704:
September 3, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1704, the Securing
Urgent Resources Vital to Indian Victim Empowerment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Keith Hall.
Enclosure.
S. 1704--Securing Urgent Resources Vital to Indian Victim Empowerment
Act
S. 1704 would expand the Office of Tribal Justice Support
within the Bureau of Indian Affairs to provide services to
victims of crimes in tribal areas. The legislation would
establish a new grant program to provide services and
compensation to those victims. S. 1704 would direct that 5
percent of the funds made available to the Crime Victims Fund
(CVF) in each year for the next 10 years be used for that grant
program.
Under current law, criminal fines are deposited in the CVF,
and spent without further appropriation. The legislation would
affect how and when those funds are distributed and spent but
would not change the total amount spent. Because S. 1704 would
affect direct spending, pay-as-you-go procedures apply.
However, CBO estimates that the net effect on direct spending
would be insignificant for each year. Enacting S. 1704 would
not affect revenues.
CBO estimates that implementing the bill would have no
significant effect on spending subject to appropriation.
S. 1704 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 1704.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 1704 will
have a minimal impact on regulatory or paperwork requirements.
Changes in Existing Law
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1704, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic):
25 U.S.C. Sec. 3602 (Section 3 of the Indian Tribal Justice Act)
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Bureau'' means the Bureau of Indian
Affairs of the Department of the Interior.
(2) The term ``Courts of Indian Offenses'' means the
courts established pursuant to part 11 of title 25,
Code of Federal Regulations.
(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.
[(3)] (5) [The term] Except as provided in section
105, the term ``Indian tribe'' means any Indian tribe,
band, nation, pueblo, or other organized group or
community, including any Alaska Native entity, which
administers justice under its inherent authority or the
authority of the United States and which is recognized
as eligible for the special programs and services
provided by the United States to Indian tribes because
of their status as Indians.
[(4)] (6) The term ``judicial personnel'' means any
judge, magistrate, court counselor, court clerk, court
administrator, bailiff, probation officer, officer of
the court, dispute resolution facilitator, or other
official, employee, or volunteer within the tribal
justice system.
[(5)] (7) The term ``Office'' means the Office of
Tribal Justice Support and Victim Services within the
Bureau of Indian Affairs.
[(6)] (8) The term ``Secretary'' means the Secretary
of the Interior.
[(7)] (9) The term ``tribal organization'' means any
organization defined in section 4(l) of the Indian
Self-Determination and Education Assistance Act.
[(8)] (10) The term ``tribal justice system'' means
the entire judicial branch, and employees thereof, of
an Indian tribe, including (but not limited to)
traditional methods and forums for dispute resolution,
lower courts, appellate courts (including intertribal
appellate courts), alternative dispute resolution
systems, and circuit rider systems, established by
inherent tribal authority whether or not they
constitute a court of record.
(11) 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.
25 U.S.C. Sec. 3611 (Section 101 of the Indian Tribal Justice Act)
SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT AND VICTIM SERVICES.
(a) Establishment
[There is] (1) In general.--There is hereby
established within the Bureau the Office of Tribal
Justice Support and Victim Services. [The purpose]
(2) Purposes._The purposes of the Office shall be to
further the development, operation, and enhancement of
tribal justice systems and Courts of Indian Offenses
and to provide services to victims of crime.
(b) Transfer of Existing Functions and Personnel
All functions performed before the date of the enactment of
this Act by the Branch of Judicial Services of the Bureau and
all personnel assigned to such Branch as of the date of the
enactment of this Act are hereby transferred to the Office of
Tribal Justice Support and Victim Services. Any reference in
any law, regulation, executive order, reorganization plan, or
delegation of authority to the Branch of Judicial Services is
deemed to be a reference to the Office of Tribal Justice
Support and Victim Services.
(c) Functions
In addition to the functions transferred to the Office
pursuant to subsection (b), the Office shall perform the
following functions:
(1) Provide funds to Indian tribes and tribal
organizations for the development, enhancement, and
continuing operation of tribal justice systems.
(2) Provide technical assistance and training,
including programs of continuing education and training
for personnel of Courts of Indian Offenses.
(3) Study and conduct research concerning the
operation of tribal justice systems.
(4) Promote cooperation and coordination among tribal
justice systems and the Federal and State judiciary
systems.
(5) Oversee the continuing operations of the Courts
of Indian Offenses.
(6) Provide funds to Indian tribes and tribal
organizations for the continuation and enhancement of
traditional tribal judicial practices.
(7) Make grants for victims of crime in accordance
with section 105.
(d) No Imposition of Standards
Nothing in this Act shall be deemed or construed to
authorize the Office to impose justice standards on Indian
tribes.
(e) Assistance to Tribes
(1) The Office shall provide technical assistance and
training to any Indian tribe or tribal organization
upon request and timely notice regarding technical
assistance and training resources and activities of the
Office. Technical assistance and training shall include
(but not be limited to) assistance for the development
of--
(A) tribal codes and rules of procedure;
(B) tribal court administrative procedures
and court records management systems;
(C) methods of reducing case delays;
(D) methods of alternative dispute
resolution;
(E) tribal standards for judicial
administration and conduct; and
(F) long-range plans for the enhancement of
tribal justice systems.
(2) Technical assistance and training provided
pursuant to paragraph (1) may be provided through
direct services, by contract with independent entities,
or through grants to Indian tribes or tribal
organizations.
(f) Information Clearinghouse on Tribal Justice Systems
The Office shall maintain an information clearinghouse
(which shall include an electronic data base) on tribal justice
systems and Courts of Indian Offenses, including (but not
limited to) information on staffing, funding, model tribal
codes, tribal justice activities, and tribal judicial
decisions. The Office shall take such actions as may be
necessary to ensure the confidentiality of records and other
matters involving privacy rights.
25 U.S.C. Sec. 3614 (Section 104 of the Indian Tribal Justice Act)
SEC. 104. TRIBAL JUDICIAL CONFERENCES.
The Secretary is authorized to provide funds to tribal
judicial conferences, under section 101 of this Act, pursuant
to contracts entered into under the authority of the Indian
Self-Determination and Education Assistance Act for the
development, enhancement, and continuing operation of tribal
justice systems of Indian tribes which are members of such
conference. Funds provided under this section may be used for--
(1) the employment of judges, magistrates, court
counselors, court clerks, court administrators,
bailiffs, probation officers, officers of the court, or
dispute resolution facilitators;
(2) the development, revision, and publication of
tribal codes, rules of practice, rules of procedure,
and standards of judicial performance and conduct;
(3) the acquisition, development, and maintenance of
a law library and computer assisted legal research
capacities;
(4) training programs and continuing education for
tribal judicial personnel;
(5) the development and operation of records
management systems;
(6) planning for the development, enhancement, and
operation of tribal justice systems; and
(7) the development and operation of other innovative
and culturally relevant programs and projects,
including (but not limited to) programs and projects
for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims
services;
(C) tribal probation services or diversion
programs;
(D) juvenile services and multidisciplinary
investigations of child abuse; and
(E) traditional tribal judicial practices,
traditional justice systems, and traditional
methods of dispute resolution.
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.
Sec. 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.
Sec. 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. Sec. 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. Sec. 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. Sec. 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.
42 U.S.C. Sec. 10601(d) (Section 1402(d) of the Victims of Crime Act of
1984)
(d) Availability for Judicial Branch Administrative Costs;
Grant Program Percentages
The Fund shall be available as follows:
(1) Repealed. Pub. L. 105-119, Title I,
Sec. 109(a)(1), Nov. 26, 1997, 111 Stat. 2457
(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.
(2)(A) Except as provided in subparagraph (B), the
first $10,000,000 deposited in the Fund shall be
available for grants under section 10603a of this
title.
(B)(i) For any fiscal year for which the amount
deposited in the Fund is greater than the amount
deposited in the Fund for fiscal year 1998, the
$10,000,000 referred to in subparagraph (A) plus an
amount equal to 50 percent of the increase in the
amount from fiscal year 1998 shall be available for
grants under section 10603a of this title.
(ii) Amounts available under this subparagraph for
any fiscal year shall not exceed $20,000,000.
(3)(A) Of the sums remaining in the Fund in any
particular fiscal year after compliance with [paragraph
(2)] paragraphs (1) and (2), such sums as may be
necessary shall be available only for--
(i) the United States Attorneys Offices and
the Federal Bureau of Investigation to provide
and improve services for the benefit of crime
victims in the Federal criminal justice system
(as described in section 3771 of title 18 and
section 10607 of this title) through victim
coordinators, victims' specialists, and
advocates, including for the administrative
support of victim coordinators and advocates
providing such services; and
(ii) a Victim Notification System.
(B) Amounts made available under subparagraph (A) may
not be used for any purpose that is not specified in
clause (i) or (ii) of subparagraph (A).
(4) Of the remaining amount to be distributed from
the Fund in a particular fiscal year--
(A) 47.5 percent shall be available for
grants under section 10602 of this title;
(B) 47.5 percent shall be available for
grants under section 10603(a) of this title;
and
(C) 5 percent shall be available for grants
under section 10603(c) of this title.
(5)(A) In addition to the amounts distributed under
paragraphs (2), (3), and (4), the Director may set
aside up to $50,000,000 from the amounts transferred to
the Fund in response to the airplane hijackings and
terrorist acts that occurred on September 11, 2001, as
an antiterrorism emergency reserve. The Director may
replenish any amounts obligated from such reserve in
subsequent fiscal years by setting aside up to 5
percent of the amounts remaining in the Fund in any
fiscal year after distributing amounts under paragraphs
(2), (3) and (4). Such reserve shall not exceed
$50,000,000.
(B) The antiterrorism emergency reserve referred to
in subparagraph (A) may be used for supplemental grants
under section 10603b of this title and to provide
compensation to victims of international terrorism
under section 10603c of this title.
(C) Amounts in the antiterrorism emergency reserve
established pursuant to subparagraph (A) may be carried
over from fiscal year to fiscal year. Notwithstanding
subsection (c) of this section and section 619 of the
Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
2001 (and any similar limitation on Fund obligations in
any future Act, unless the same should expressly refer
to this section), any such amounts carried over shall
not be subject to any limitation on obligations from
amounts deposited to or available in the Fund.
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