Sec. 109. Indian victims of crime
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/bill/117/hr/9439/ih/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Victims of Crime Act of 1984 ( 34 U.S.C. 20101 et seq. ) is amended by inserting after section 1404F the following: In this section: The term eligible Indian tribe means an Indian tribe that submits a written proposal for a covered grant to the Director in accordance with subsection (c)(2). The term immediate family member has the meaning given the term in section 115(c) of title 18, United States Code. 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. 5304 ).
The term personally identifying information has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). The term services to victims of crime — has the meaning given the term in section 1404; and includes efforts that— respond to the emotional, psychological, or physical needs of a victim of crime; assist a victim of crime in stabilizing his or her life after victimization; assist a victim of crime in understanding and participating in the criminal justice system; or restore a measure of security and safety for a victim of crime.
The term victim of crime means an individual who has suffered direct physical, sexual, financial, or emotional harm as a result of the commission of a crime. The Director shall— administer the grant program described in subsection (c); provide planning, research, training, and technical assistance to recipients of covered grants; and coordinate with the Office of Tribal Justice, the Indian Health Service, and the Bureau of Indian Affairs in implementing the grant program described in subsection (c).
On an annual basis, the Director shall make grants to eligible Indian tribes for the purposes of funding— a program, administered by one or more Indian tribes, that provides services to victims of crime, which may be provided in traditional form or through electronic, digital, or other technological formats, including— services to victims of crime provided through subgrants to agencies or departments of Tribal governments or nonprofit organizations; domestic violence shelters, rape crisis centers, child abuse programs, child advocacy centers, and elder abuse programs providing services to victims of crime; medical care, equipment, treatment, and related evaluations arising from the victimization, including— 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; mental and behavioral 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; prophylactic treatment to prevent an individual from contracting HIV/AIDS or any other sexually transmitted disease or infection; and forensic medical evidence collection examinations and forensic interviews of victims of crime— to the extent that other funding sources are unavailable or insufficient; and on the condition that, to the extent practicable, the examiners and interviewers follow relevant guidelines or protocols issued by the State, unit of local government, or Indian tribe with jurisdiction over the area in which the examination or interview is conducted; 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; the training and certification of service animals and therapy animals; equipment for Braille or TTY/TTD machines for the deaf necessary to provide services to victims of crime; restorative justice opportunities that allow victims of crime to meet with the perpetrators if the meetings are voluntarily agreed to by the victim of crime and are for therapeutic purposes; and training and related materials, including books, training manuals, and training videos, for staff and service providers to develop skills necessary to offer quality services to victims of crime; 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; the transportation of victims of crime— to receive services; or to participate in criminal justice proceedings; emergency legal assistance to victims of crime that is directly connected to the crime; the supervision of direct service providers and contracts for professional or specialized services that are related directly to providing services to victims of crime; the repair and replacement of essential items used during the provision of services to victims of crime to contribute to and maintain a healthy and safe environment for the victims; transitional housing for victims of crime, particularly victims who have a particular need for such housing and cannot safely return to previous housing, including travel, rental assistance, security deposits, utilities, and other related costs that are incidental to the relocation to transitional housing; the relocation of victims of crime, particularly where necessary for the safety and well-being of the victim, including reasonable moving expenses, security deposits for housing, rental expenses, and utility startup costs; the coordination of activities that facilitate the provision of direct services to victims of crime; a multisystem, interagency, multidisciplinary response to the needs of victims of crime; and the administration of the program and services described in this section.
An Indian tribe seeking a covered grant shall, in response to a request for proposal, submit to the Director a written proposal for a covered grant. A recipient or subrecipient of a covered grant shall not be required to make a matching contribution for Federal dollars received. In order to ensure the safety of victims of crime and immediate family members of victims of crime, recipients and subrecipients of covered grants shall protect the confidentiality and privacy of individuals receiving services from the recipient or subrecipient.
Subject to paragraphs
(3)and (4), a recipient or subrecipient of a covered grant shall not disclose, reveal, or release any personally identifying information collected in connection with any service requested, used, or denied through a program of the recipient or subrecipient or require the release of personally identifying information as a condition of eligibility for the services provided by the recipient or subrecipient— regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; and subject to subparagraph
(B)and the condition that consent for release may not be given by an abuser of the minor, an abuser of a parent or guardian of a minor, or an incapacitated individual, absent the informed, written, reasonably time-limited consent of— the individual about whom information is sought; in the case of an emancipated minor, the minor, and the parent or guardian; or in the case of legal incapacity, a court-appointed guardian. 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. If the release of information described in paragraph
(2)is compelled by a statutory or court mandate, a recipient or subrecipient of a covered grant shall— make reasonable attempts to provide notice to victims of crime affected by the disclosure of information; and take steps necessary to protect the privacy and safety of the individuals affected by the release of the information. A recipient or subrecipient of a covered grant may share— 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; court-generated and law enforcement-generated information contained in secure governmental registries for protection order enforcement purposes; and law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes. Any amount awarded under a covered grant 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 10 succeeding fiscal years, at the end of which period, any unobligated sums shall remain available to the Director for award under this section in the following fiscal year. Nothing in this section prohibits— an Indian tribe from contracting for the administration of a program or activity funded under this section; or multiple Indian tribes or Tribal organizations from forming a consortium for any of the purposes described in this section. The grant program established under this section shall be carried out using amounts made available under section 1402(d)(1). This section shall be effective for the first 10 fiscal years beginning after the date of enactment of this section. . Section 1402(d) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d) ) is amended— by inserting before paragraph
(2)the following: For each of the first 10 fiscal years beginning after the date of enactment of the Honoring Promises to Native Nations Act , 5 percent of the total amount in the Fund available for obligation during a fiscal year shall be made available to the Director to make grants under section 1404G. ; in paragraph (2)(A), by inserting after compliance with paragraph
(1)after deposited in the Fund ; in paragraph (3)(A), in the matter preceding clause (i), by striking paragraph
(2)and inserting paragraphs
(1)and
(2); and in paragraph (5)(A), by inserting (1), before
(2)each place that term appears. Any regulation, rule, or guidance promulgated by the Director of the Office for Victims of Crime before the date of enactment of this Act shall have no force or effect with respect to section 1404G of the Victims of Crime Act of 1984, as added by subsection (a). Not later than 1 year after the date of enactment of this Act, the Director of the Office for Victims of Crime, in consultation with the Secretary of the Interior and Indian tribes (as defined in section 1404G(a) of the Victims of Crime Act of 1984) and through notice and comment negotiated rulemaking, following the provisions of subchapter III of chapter 5 of title 5, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’), shall promulgate final regulations carrying out section 1404G of the Victims of Crime Act of 1984. The Director of the Office for Victims of Crime shall ensure that— not fewer than 2 Indian tribes from each Bureau of Indian Affairs region participate in the consultation; and small, medium, and large land-based Indian tribes are represented.
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