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                                                       Calendar No. 312



 114th Congress       {      SENATE           }               Report
 1st Session          {                       }                114-172
======================================================================



 
 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \7\Id.
    \8\Id.
    \9\Id.
    \10\The CVF obligation cap was set at $2.361 billion in fiscal year 
2015.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \11\Lisa N. Sacco, Cong. Research Serv., R42672, The Crime Victims 
Fund: Federal Support for Victims of Crime (2015).
    \12\See Id.
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    \13\Fairness for Crime Victims Act of 2015, S. 1495, 114th Cong. 
(2015).
---------------------------------------------------------------------------

                          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\
---------------------------------------------------------------------------
    \14\Addressing the Need for Victim Services in Indian Country: 
Hearing before the S. Comm. on Indian Affairs, 114th Cong. (2015).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \19\Id.
    \20\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                          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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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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