[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1391

To establish a grant program for Sexual Assault Forensic Examiners, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

Mr. Schumer (for himself and Mr. DeWine) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish a grant program for Sexual Assault Forensic Examiners, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SAFE Grant Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over 300,000 women are sexually assaulted each year in 
        the United States. Unlike all other violent crimes, rape is not 
        declining in frequency.
            (2) Most victims of sexual assault who seek treatment for 
        an attack report to hospital emergency rooms.
            (3) Since most sexual assault victims do not require 
        immediate medical attention, many wait hours before receiving 
        treatment from nurses or other medical professionals. Some 
        sexual assault victims leave the hospital altogether rather 
        than endure extended waits, diminishing the likelihood that the 
        offense will ever be reported, investigated, or prosecuted.
            (4) Most emergency room personnel who treat sexual assault 
        victims lack training in collecting critical forensic evidence 
        and providing the physical and psychological care particularly 
        required by sexual assault victims.
            (5) Many hospitals lack the best and most recent forensic 
        tools, such as dye capable of revealing microscopic scratches, 
        and colposcopes, which detect and photograph otherwise 
        invisible pelvic injuries.
            (6) Some emergency room personnel avoid treating sexual 
        assault victims for fear of having to participate in time-
        consuming witness preparation and court appearances, or decline 
        to devote time and attention to cooperating with investigators 
        and prosecutors.
            (7) By contrast, sexual assault victims treated by Sexual 
        Assault Forensic Examiners (referred to in this Act as 
        ``SAFEs'') under the Sexual Assault Forensic Examiner program 
        (referred to in this Act as the ``SAFE program'')--
                    (A) rarely wait for treatment;
                    (B) are attended to by a single, specially trained 
                examiner rather than multiple doctors, nurses, lab 
                technicians, and administrative assistants; and
                    (C) receive sensitive care tailored specifically 
                for sexual assault victims and delivered in a private 
                setting.
            (8) SAFEs are far better able to document sexual assault 
        than nonspecialized emergency room personnel because they are 
        primarily focused on collecting evidence of sexual assault from 
        victims, have extensive training in the latest forensic 
        techniques, and use the best and most recent equipment.
            (9) SAFEs bolster the odds of prosecuting and convicting 
        sexual assailants by gathering invaluable evidence and ensuring 
        its proper preservation, and cooperating extensively with 
        police and prosecutors. Because of their specialized training 
        and experience, SAFEs make better witnesses than ordinary 
        emergency room personnel and can make the difference between 
        success or failure at trial.
            (10) There are approximately 500 SAFE programs in the 
        United States, which treat less than 5 percent of all sexual 
        assault victims.
            (11) Financial obstacles have slowed the growth of SAFE 
        programs which struggle to obtain the Federal, State, and 
        private funding necessary to establish and maintain service.
            (12) Currently, SAFE programs are forced to compete against 
        a myriad of other law enforcement and victims' programs to 
        obtain limited Federal funding from existing sources.
            (13) Establishing a specific and adequate source of Federal 
        funding for SAFE programs will contribute to their 
        proliferation and thereby aid in the successful prosecution of 
        offenders and the improvement of care provided to victims.

SEC. 3. GRANT PROGRAM.

    (a) Establishment of Grant Program.--The Attorney General shall 
establish a program to award and disburse annual grants to SAFE 
programs.
    (b) Compliance With National Protocol.--To receive a grant under 
this section, a proposed or existing SAFE program shall be in 
compliance with the standards and recommended national protocol 
developed by the Attorney General pursuant to section 1405 of the 
Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 
3796gg note).
    (c) Application.--
            (1) In general.--Each proposed or existing SAFE program 
        that desires a grant under this section shall submit an 
        application to the Attorney General at such time, and in such 
        manner, as the Attorney General shall reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall include information regarding--
                    (A) the size of the population or estimated 
                population to be served by the proposed or existing 
                SAFE program; and
                    (B) if the SAFE program exists at the time the 
                applicant submits its application, the effectiveness of 
                that SAFE program.
    (d) Priority Given to Programs in Underserved Areas.--In awarding 
grants under this section, the Attorney General shall give priority to 
proposed or existing SAFE programs that are serving, or will serve, 
populations currently underserved by existing SAFE programs.
    (e) Nonexclusivity.--Nothing in this Act shall be construed to 
limit or restrict the ability of proposed or existing SAFE programs to 
apply for and obtain Federal funding from any other agency or 
department, or under any other Federal grant program.
    (f) Audits.--The Attorney General shall audit recipients of grants 
awarded and disbursed under this section to ensure--
            (1) compliance with the standards and recommended national 
        protocol developed by the Attorney General pursuant to section 
        1405 of the Victims of Trafficking and Violence Protection Act 
        of 2000 (42 U.S.C. 3796gg note);
            (2) compliance with other applicable Federal laws; and
            (3) overall program effectiveness.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $10,000,000 for each of 
fiscal years 2002 through 2006 for grants under this section.
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