[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[Senate]
[Pages S3048-S3050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADAM WALSH REAUTHORIZATION ACT OF 2016--Continued
The PRESIDING OFFICER. The majority leader.
Amendment No. 4078
Mr. McCONNELL. Mr. President, I call up the Grassley amendment No.
4078 and ask unanimous consent that it be reported by number.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr.
Grassley, proposes an amendment numbered 4078.
The amendment is as follows:
(Purpose: To improve the bill)
On page 5, strike lines 23 through 25 and insert the
following:
``(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.
The PRESIDING OFFICER. Under the previous order, amendment No. 4078
is agreed to.
Under the previous order, the committee-reported amendment in the
nature of a substitute, as amended, is agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
Mr. THUNE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz), the Senator from Illinois (Mr. Kirk),
the Senator from Alaska (Ms. Murkowski), the Senator from Pennsylvania
(Mr. Toomey), and the Senator from Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from Pennsylvania (Mr.
Toomey) would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker),
the Senator from California (Mrs. Boxer), the Senator from Delaware
(Mr. Carper), the Senator from New Jersey (Mr. Menendez), the Senator
from Michigan (Mr. Peters), and the Senator from Vermont (Mr. Sanders)
are necessarily absent.
The PRESIDING OFFICER (Mr. Lankford). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 89, nays 0, as follows:
[Rollcall Vote No. 83 Leg.]
YEAS--89
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Boozman
Brown
Burr
Cantwell
Capito
Cardin
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Merkley
Mikulski
Moran
Murphy
Murray
Nelson
Paul
Perdue
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Udall
Warner
Warren
Whitehouse
Wicker
Wyden
[[Page S3049]]
NOT VOTING--11
Booker
Boxer
Carper
Cruz
Kirk
Menendez
Murkowski
Peters
Sanders
Toomey
Vitter
This bill (S. 2613), as amended, was passed, as follows:
S. 2613
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 ``Adam Walsh Reauthorization
Act of 2016''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General
$20,000,000 for each of fiscal years 2017 through 2018, to be
available only for--
``(1) the SOMA program; and
``(2) the Jessica Lunsford Address Verification Grant
Program established under section 631.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16941(b)) is amended by
striking ``such sums as may be necessary for fiscal years
2007 through 2009'' and inserting ``to the United States
Marshals Service $61,300,000 for each of fiscal years 2017
through 2018''.
SEC. 4. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS
PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United
States Code, is amended in paragraph (8)(A) by striking ``or
4246'' and inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18,
United States Code, is amended in paragraph (12)(A) by
striking ``or 4246'' and inserting ``, 4246, or 4248''.
SEC. 5. 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, if the Government intends to destroy or
dispose of a sexual assault evidence collection kit or its
probative contents before the expiration of the applicable
time period under paragraph (2)(A), 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. 6. 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. 7. 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
[[Page S3050]]
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.
SEC. 8. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL
EXPLOITATION AND HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is
amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
The PRESIDING OFFICER. The Senator from Mississippi.
____________________