[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5578 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 5578


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2016

   Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To establish certain rights for sexual assault survivors, 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 ``Survivors' Bill of Rights Act of 
2016''.

SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS.

    (a) In General.--Part II of title 18, United States Code, is 
amended by adding after chapter 237 the following:

            ``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS

``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
    ``(a) Rights of Sexual Assault Survivors.--In addition to those 
rights provided in section 3771, a sexual assault survivor has the 
following rights:
            ``(1) The right not to be prevented from, or charged for, 
        receiving a medical forensic examination.
            ``(2) The right to--
                    ``(A) subject to paragraph (3), have a sexual 
                assault evidence collection kit or its probative 
                contents preserved, without charge, for the duration of 
                the maximum applicable statute of limitations or 20 
                years, whichever is shorter;
                    ``(B) be informed of any result of a sexual assault 
                evidence collection kit, including a DNA profile match, 
                toxicology report, or other information collected as 
                part of a medical forensic examination, if such 
                disclosure would not impede or compromise an ongoing 
                investigation; and
                    ``(C) be informed in writing of policies governing 
                the collection and preservation of a sexual assault 
                evidence collection kit.
            ``(3) The right to--
                    ``(A) upon written request, receive written 
                notification from the appropriate official with custody 
                not later than 60 days before the date of the intended 
                destruction or disposal; and
                    ``(B) upon written request, be granted further 
                preservation of the kit or its probative contents.
            ``(4) The right to be informed of the rights under this 
        subsection.
    ``(b) Applicability.--Subsections (b) through (f) of section 3771 
shall apply to sexual assault survivors.
    ``(c) Definition of Sexual Assault.--In this section, the term 
`sexual assault' means any nonconsensual sexual act proscribed by 
Federal, tribal, or State law, including when the victim lacks capacity 
to consent.
    ``(d) Funding.--This section, other than paragraphs (2)(A) and 
(3)(B) of subsection (a), shall be carried out using funds made 
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of 
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized 
to be appropriated to carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part II of title 18, United States Code, is amended by adding at the 
end the following:

``238. Sexual assault survivors' rights.....................    3772''.
    (c) Amendment to Victims of Crime Act of 1984.--Section 
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the 
following: ``or section 3772, as it relates to direct services,''.

SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.

    The Victims of Crime Act of 1984 is amended by adding after section 
1404E (42 U.S.C. 10603e) the following:

``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.

    ``(a) In General.--The Attorney General may make grants as provided 
in section 1404(c)(1)(A) to States to develop and disseminate to 
entities described in subsection (c)(1) of this section written notice 
of applicable rights and policies for sexual assault survivors.
    ``(b) Notification of Rights.--Each recipient of a grant awarded 
under subsection (a) shall make its best effort to ensure that each 
entity described in subsection (c)(1) provides individuals who identify 
as a survivor of a sexual assault, and who consent to receiving such 
information, with written notice of applicable rights and policies 
regarding--
            ``(1) the right not to be charged fees for or otherwise 
        prevented from pursuing a sexual assault evidence collection 
        kit;
            ``(2) the right to have a sexual assault medical forensic 
        examination regardless of whether the survivor reports to or 
        cooperates with law enforcement;
            ``(3) the availability of a sexual assault advocate;
            ``(4) the availability of protective orders and policies 
        related to their enforcement;
            ``(5) policies regarding the storage, preservation, and 
        disposal of sexual assault evidence collection kits;
            ``(6) the process, if any, to request preservation of 
        sexual assault evidence collection kits or the probative 
        evidence from such kits; and
            ``(7) the availability of victim compensation and 
        restitution.
    ``(c) Dissemination of Written Notice.--Each recipient of a grant 
awarded under subsection (a) shall--
            ``(1) provide the written notice described in subsection 
        (b) to medical centers, hospitals, forensic examiners, sexual 
        assault service providers, State and local law enforcement 
        agencies, and any other State agency or department reasonably 
        likely to serve sexual assault survivors; and
            ``(2) make the written notice described in subsection (b) 
        publicly available on the Internet website of the attorney 
        general of the State.
    ``(d) Provision To Promote Compliance.--The Attorney General may 
provide such technical assistance and guidance as necessary to help 
recipients meet the requirements of this section.
    ``(e) Integration of Systems.--Any system developed and implemented 
under this section may be integrated with an existing case management 
system operated by the recipient of the grant if the system meets the 
requirements listed in this section.''.

SEC. 4. WORKING GROUP.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services (referred to in this section as 
the ``Secretary''), shall establish a joint working group (referred to 
in this section as the ``Working Group'') to develop, coordinate, and 
disseminate best practices regarding the care and treatment of sexual 
assault survivors and the preservation of forensic evidence.
    (b) Consultation With Stakeholders.--The Working Group shall 
consult with--
            (1) stakeholders in law enforcement, prosecution, forensic 
        laboratory, counseling, forensic examiner, medical facility, 
        and medical provider communities; and
            (2) representatives of not less than 3 entities with 
        demonstrated expertise in sexual assault prevention, sexual 
        assault advocacy, or representation of sexual assault victims, 
        of which not less than 1 representative shall be a sexual 
        assault victim.
    (c) Membership.--The Working Group shall be composed of 
governmental or nongovernmental agency heads at the discretion of the 
Attorney General, in consultation with the Secretary.
    (d) Duties.--The Working Group shall--
            (1) develop recommendations for improving the coordination 
        of the dissemination and implementation of best practices and 
        protocols regarding the care and treatment of sexual assault 
        survivors and the preservation of evidence to hospital 
        administrators, physicians, forensic examiners, and other 
        medical associations and leaders in the medical community;
            (2) encourage, where appropriate, the adoption and 
        implementation of best practices and protocols regarding the 
        care and treatment of sexual assault survivors and the 
        preservation of evidence among hospital administrators, 
        physicians, forensic examiners, and other medical associations 
        and leaders in the medical community;
            (3) develop recommendations to promote the coordination of 
        the dissemination and implementation of best practices 
        regarding the care and treatment of sexual assault survivors 
        and the preservation of evidence to State attorneys general, 
        United States attorneys, heads of State law enforcement 
        agencies, forensic laboratory directors and managers, and other 
        leaders in the law enforcement community;
            (4) develop and implement, where practicable, incentives to 
        encourage the adoption or implementation of best practices 
        regarding the care and treatment of sexual assault survivors 
        and the preservation of evidence among State attorneys general, 
        United States attorneys, heads of State law enforcement 
        agencies, forensic laboratory directors and managers, and other 
        leaders in the law enforcement community;
            (5) collect feedback from stakeholders, practitioners, and 
        leadership throughout the Federal and State law enforcement, 
        victim services, forensic science practitioner, and health care 
        communities to inform development of future best practices or 
        clinical guidelines regarding the care and treatment of sexual 
        assault survivors; and
            (6) perform other activities, such as activities relating 
        to development, dissemination, outreach, engagement, or 
        training associated with advancing victim-centered care for 
        sexual assault survivors.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Working Group shall submit to the Attorney General, the 
Secretary, and Congress a report containing the findings and 
recommended actions of the Working Group.

            Passed the House of Representatives September 6, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.