[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3648 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3648

To amend the DNA Sexual Assault Justice Act of 2004 to increase access 
       to Sexual Assault Nurse Examiners, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2022

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

_______________________________________________________________________

                                 A BILL


 
To amend the DNA Sexual Assault Justice Act of 2004 to increase access 
       to Sexual Assault Nurse 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 ``Supporting Access to Nurse Exams 
Act'' or the ``SANE Act''.

SEC. 2. DEFINITIONS.

    Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 
U.S.C. 40723) is amended by striking subsections (a), (b), and (c) and 
inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' 
        includes--
                    ``(A) a Tribal government or hospital;
                    ``(B) a sexual assault examination program, 
                including--
                            ``(i) a SANE program;
                            ``(ii) a SAFE program;
                            ``(iii) a SART program;
                            ``(iv) medical personnel, including a 
                        doctor or nurse, involved in treating victims 
                        of sexual assault; and
                            ``(v) a victim service provider involved in 
                        treating victims of sexual assault;
                    ``(C) a State sexual assault coalition;
                    ``(D) a health care facility, including a hospital 
                that provides sexual assault forensic examinations by a 
                qualified or certified SANE or SAFE;
                    ``(E) a sexual assault examination program that 
                provides SANE or SAFE training; and
                    ``(F) a community-based program that provides 
                sexual assault forensic examinations, including 
                pediatric forensic exams in a multidisciplinary 
                setting, by a qualified or certified SANE or SAFE 
                outside of a traditional health care setting.
            ``(2) Health care facility.--The term `health care 
        facility' means any State, local, Tribal, community, free, 
        nonprofit, academic, or private medical facility, including a 
        hospital, that provides emergency medical care to patients.
            ``(3) Medical forensic examination; mfe.--The term `medical 
        forensic examination' or `MFE' means an examination of a sexual 
        assault patient by a health care provider, who has specialized 
        education and clinical experience in the collection of forensic 
        evidence and treatment of these patients, which includes--
                    ``(A) gathering information from the patient for 
                the medical forensic history;
                    ``(B) an examination;
                    ``(C) coordinating treatment of injuries, 
                documentation of biological and physical findings, and 
                collection of evidence from the patient;
                    ``(D) documentation of findings;
                    ``(E) providing information, treatment, and 
                referrals for sexually transmitted infections, 
                pregnancy, suicidal ideation, alcohol and substance 
                abuse, and other non-acute medical concerns; and
                    ``(F) providing follow-up as needed to provide 
                additional healing, treatment, or collection of 
                evidence.
            ``(4) Pediatric sane and safe.--The term `pediatric SANE 
        and SAFE' means a SANE or SAFE who is trained to conduct sexual 
        assault forensic examinations on children and youth between the 
        ages of 0 and 18.
            ``(5) Qualified personnel.--The term `qualified personnel' 
        includes a registered or advanced practice nurse, physician, 
        doctor of osteopathy, or physician assistant who has 
        specialized training conducting medical forensic examinations.
            ``(6) Qualified sane and safe training program.--The term 
        `qualified SANE and SAFE training program' means a program 
        that--
                    ``(A) is qualified to prepare current and future 
                sexual assault nurse examiners to be profession-ready 
                and meet the applicable State and national 
                certification and licensure requirements, through 
                didactic, clinical, preceptor, or capstone programs 
                that include longer-term training;
                    ``(B) provides that preparation under a health care 
                model that uses trauma-informed techniques; and
                    ``(C) is approved as meeting the most recent 
                National Training Standards for Sexual Assault Medical 
                Forensic Examiners.
            ``(7) Rural area.--The term `rural area' has the meaning 
        given the term in section 40002 of the Violence Against Women 
        Act of 1994 (34 U.S.C. 12291).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(9) Sexual assault.--The term `sexual assault' means any 
        nonconsensual sexual act or sexual contact proscribed by 
        Federal, Tribal, or State law, including when the individual 
        lacks capacity to consent.
            ``(10) Sexual assault forensic examiner; safe.--The term 
        `sexual assault forensic examiner' or `SAFE' means an 
        individual who has specialized forensic training in treating 
        sexual assault survivors and conducting medical forensic 
        examinations.
            ``(11) Sexual assault forensic examination.--The term 
        `sexual assault forensic examination' means an examination of a 
        sexual assault patient by a health care provider, who has 
        specialized education and clinical experience in the collection 
        of forensic evidence and treatment of these patients, which 
        includes--
                    ``(A) gathering information from the patient for 
                the medical forensic history;
                    ``(B) an examination;
                    ``(C) coordinating treatment of injuries, 
                documentation of biological and physical findings, and 
                collection of evidence from the patient;
                    ``(D) documentation of findings;
                    ``(E) providing information, treatment, and 
                referrals for sexually transmitted infections, 
                pregnancy, suicidal ideation, alcohol and substance 
                abuse, and other non-acute medical concerns; and
                    ``(F) providing follow-up as needed to provide 
                additional healing, treatment, or collection of 
                evidence.
            ``(12) Sexual assault nurse examiner; sane.--The term 
        `sexual assault nurse examiner' or `SANE' means a registered or 
        advanced practice nurse who has specialized training conducting 
        medical forensic examinations.
            ``(13) Sexual assault response team; sart.--The term 
        `sexual assault response team' or `SART' means a 
        multidisciplinary team that--
                    ``(A) provides a specialized and immediate response 
                to survivors of sexual assault; and
                    ``(B) may include health care personnel, law 
                enforcement representatives, community-based survivor 
                advocates, prosecutors, and forensic scientists.
            ``(14) State.--The term `State' means any State of the 
        United States, the District of Columbia, and any territory or 
        possession of the United States.
            ``(15) Trauma-informed.--The term `trauma-informed' means, 
        with respect to services or training, services or training 
        that--
                    ``(A) use a patient-centered approach to providing 
                services or care;
                    ``(B) promote the dignity, strength, and 
                empowerment of patients who have experienced trauma; 
                and
                    ``(C) incorporate evidence-based practices based on 
                knowledge about the impact of trauma on patients' 
                lives.
            ``(16) Underserved populations.--The term `underserved 
        populations' has the meaning given the term in section 40002 of 
        the Violence Against Women Act of 1994 (34 U.S.C. 12291).''.

SEC. 3. SEXUAL ASSAULT NURSE EXAMINER GRANTS.

    Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 
U.S.C. 40723) is amended by inserting after subsection (a), as amended 
by section 2 of this Act, the following:
    ``(b) Sexual Assault Nurse Examiner Training Program Grants.--
            ``(1) Authorization for grants.--The Attorney General, in 
        consultation with the Secretary, shall make grants to eligible 
        entities for the following purposes:
                    ``(A) To establish qualified regional SANE training 
                programs--
                            ``(i) to provide clinical education for 
                        SANE students;
                            ``(ii) to provide salaries for full- and 
                        part-time SANE instructors, including those 
                        specializing in pediatrics and working in a 
                        multidisciplinary team setting, to help with 
                        the clinical training of SANEs; and
                            ``(iii) to provide access to simulation 
                        laboratories and other resources necessary for 
                        clinical education.
                    ``(B) To provide full- and part-time salaries for 
                SANEs and SAFEs, including pediatric SANEs and SAFEs.
                    ``(C) To increase access to SANEs and SAFEs by 
                otherwise providing training, education, or technical 
                assistance relating to the collection, preservation, 
                analysis, and use of DNA samples and DNA evidence by 
                SANEs, SAFEs, and other qualified personnel.
            ``(2) Preference for grants.--In reviewing applications for 
        grants under this section, the Attorney General shall give 
        preference to any eligible entity that certifies in the grant 
        application that the entity will coordinate with a rape crisis 
        center or the State sexual assault coalition to facilitate 
        sexual assault advocacy to support sexual assault survivors and 
        use the grant funds to--
                    ``(A) establish qualified SANE training programs in 
                localities with a high volume of forensic trauma cases, 
                including adult and child sexual assault, domestic 
                violence, elder abuse, sex trafficking, and 
                strangulation cases;
                    ``(B) increase the local and regional availability 
                of full- and part-time sexual assault nurse examiners 
                in a rural area, Tribal area, an area with a health 
                professional shortage, or for an underserved 
                population, including efforts to provide culturally 
                competent services; or
                    ``(C) establish or sustain sexual assault mobile 
                teams or units or otherwise enhance SANE and SAFE 
                access through telehealth.''.

SEC. 4. DIRECTIVE.

    Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 
U.S.C. 40723) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (b), as added by section 
        3 of this Act, the following:
    ``(c) Directive to the Attorney General.--
            ``(1) In general.--Not later than the beginning of fiscal 
        year 2022, the Attorney General shall coordinate with the 
        Secretary to inform health care facilities, including Federally 
        qualified health centers and hospitals, colleges and 
        universities, and other appropriate health-related entities 
        about--
                    ``(A) the availability of grant funding under this 
                section; and
                    ``(B) the role of sexual assault nurse examiners, 
                both adult and pediatric, and available resources of 
                the Department of Justice and the Department of Health 
                and Human Services to train or employ sexual assault 
                nurse examiners to address the needs of communities 
                dealing with sexual assault, domestic violence, sex 
                trafficking, elder abuse, strangulation, and, in 
                particular, the need for pediatric SANEs, including 
                such nurse examiners working in the multidisciplinary 
                setting, in responding to abuse of both children and 
                adolescents.
            ``(2) Requirement.--In carrying out paragraph (1), the 
        Attorney General shall collaborate with nongovernmental 
        organizations representing SANEs.
    ``(d) Public Information on Access to Sexual Assault Forensic 
Examinations.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Supporting Access to Nurse Exams Act, the 
        Attorney General, in consultation with the Secretary, shall 
        establish, and update annually, a public website on the access 
        to forensic nurse examiners.
            ``(2) Contents.--The website required under paragraph (1) 
        shall with specificity describe, by State--
                    ``(A) funding opportunities for SANE training and 
                continuing education; and
                    ``(B) the availability of sexual assault advocates 
                at locations providing sexual assault forensic exams.
            ``(3) Report to congress.--Not later than 4 years after the 
        date of enactment of the Supporting Access to Nurse Exams Act, 
        the Attorney General, in consultation with the Secretary, shall 
        submit to the Committee on the Judiciary of the Senate, the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate, the Committee on the Judiciary of the House of 
        Representatives, and the Committee on Energy and Commerce of 
        the House of Representatives a report on--
                    ``(A) the availability of, and patient access to, 
                trained SANEs and other providers who perform MFEs or 
                sexual assault forensic examinations;
                    ``(B) the health care facilities, including 
                hospitals or clinics, that offer SANEs and sexual 
                assault forensic examinations and whether each health 
                care facility, including a hospital or clinic, has 
                full-time, part-time, or on-call coverage;
                    ``(C) regional, provider, or other barriers to 
                access for SANE care and services, including MFEs and 
                sexual assault forensic examinations;
                    ``(D) State requirements, minimum standards, and 
                protocols for training SANEs, including trauma-informed 
                and culturally competent training standards;
                    ``(E) State requirements, minimum standards, and 
                protocols for training emergency services personnel 
                involved in MFEs and sexual assault forensic 
                examinations;
                    ``(F) the availability of sexual assault nurse 
                examiner training, frequency of when training is 
                convened, the providers of such training, the State's 
                role in such training, and what process or procedures 
                are in place for continuing education of such 
                examiners;
                    ``(G) the dedicated Federal and State funding to 
                support SANE training;
                    ``(H) funding opportunities for SANE training and 
                continuing education;
                    ``(I) the availability of sexual assault advocates 
                at locations providing MFEs and sexual assault forensic 
                exams; and
                    ``(J) the total annual cost of conducting sexual 
                assault forensic exams described in section 2010(b) of 
                title I of the Omnibus Crime Control and Safe Streets 
                Act of 1968 (34 U.S.C. 10449(b)).''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (e) of section 304 of the DNA Sexual Assault Justice Act 
of 2004 (34 U.S.C. 40723), as redesignated by section 4 of this Act, is 
amended to read as follows:
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 for each of fiscal years 2023 through 2027 to 
carry out this section.''.
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