[Congressional Record Volume 162, Number 133 (Tuesday, September 6, 2016)]
[House]
[Pages H5045-H5049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SURVIVORS' BILL OF RIGHTS ACT OF 2016
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5578) to establish certain rights for sexual assault
survivors, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5578
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
[[Page H5046]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from California (Ms.
Lofgren) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 5578, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
This summer, the harrowing account of the Stanford rape victim
sparked outrage across the United States and around the globe. The
survivor's letter documented in graphic and painstaking detail the
complicated, emotional, and overwhelming process facing victims of
sexual assault.
In her letter, the victim writes:
``The next thing I remember I was in a gurney in a hallway. I had
dried blood and bandages on the backs of my hands and elbow. I thought
maybe I had fallen and was in an admin office on campus . . . Then, I
felt pine needles scratching the back of my neck and started pulling
them out of my hair. I thought maybe, the pine needles had fallen from
a tree onto my head. My brain was talking my gut into not collapsing.
Because my gut was saying, help me, help me.
[[Page H5047]]
``I shuffled from room to room with a blanket wrapped around me, pine
needles trailing behind me, I left a little pile in every room I sat
in. I was asked to sign papers that said `Rape Victim' and I thought
something has really happened. My clothes were confiscated and I stood
naked while the nurses held a ruler to various abrasions on my body and
photographed them. The three of us worked to comb the pine needles out
of my hair.''
The letter goes on to describe the rest of the forensic exam, her
feelings about what happened to her, and her day in court. Her vivid
and breathtaking account captured the national spotlight.
Unfortunately, she is but one of many who have to go through this
ordeal, but what is abundantly clear from this account is the trauma
and difficulty sexual assault victims face from the moment they are
assaulted.
The Survivors' Bill of Rights Act of 2016 makes much-needed additions
to Federal law to give victims of sexual assault additional rights in
seeking justice and recovering from their experiences.
These additional rights include the right to not be prevented from
accessing a medical forensic exam, the right not to be charged for that
exam, and the right to know about the results of that exam.
Furthermore, the bill requires that the medical exam be preserved
throughout the length of the statute of limitations. Additionally, the
bill requires that the government provide notice to the victim when it
intends to dispose of the collection kit.
I continue to be deeply troubled by the number of untested rape kits
that remain in this country, despite the Judiciary Committee's work to
increase funding for rape kit testing to reduce this backlog.
Nevertheless, these additional rights related to medical exams will
ensure that forensic medical kits will, at the very least, be preserved
for the length of the statute of limitations, and victims will have
notice so they can contest the destruction of those kits.
This bill also clarifies that, under existing law, the Justice
Department may make discretionary grants from the Crime Victims Fund to
States to use those grants to notify victims of existing rights under
State law. While this bill does much to address the rights of sexual
assault victims under Federal law, States have different sets of
applicable victims' rights that are particular to the State. This
provision will ensure that victims will know what rights they have in
their particular States.
I want to thank the gentlewoman from California (Mrs. Mimi Walters)
and the gentlewoman from California (Ms. Lofgren) for their leadership
on this very important piece of legislation.
I urge passage of this legislation, and I reserve the balance of my
time.
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 6, 2016.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: I write in regard to H.R. 5578,
Survivors' Bill of Rights Act of 2016, which was recently
ordered to be reported by the Committee on the Judiciary. As
you are aware, the bill also was referred to the Committee on
Energy and Commerce. I wanted to notify you that the
Committee on Energy and Commerce will forgo action on H.R.
5578 so that it may proceed expeditiously to the House floor
for consideration.
This is done with the understanding that the Committee on
Energy and Commerce's jurisdictional interests over this and
similar legislation are in no way diminished or altered. In
addition, the Committee reserves the right to seek conferees
on H.R. 5578 and requests your support when such a request is
made.
I would appreciate your response confirming this
understanding with respect to H.R. 5578 and ask that a copy
of our exchange of letters on this matter be included in the
Congressional Record during consideration of the bill on the
House floor.
Sincerely,
Fred Upton,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 6, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Upton: Thank you for your letter regarding
H.R. 5578, the ``Survivors'' Bill of Rights Act of 2016,''
which the Judiciary Committee ordered reported favorably to
the House on July 18, 2016,
I am most appreciative of your decision to forego formal
consideration of H.R. 5578 so that it may proceed to the
House floor. I acknowledge that although you are waving
formal consideration of the bill, the Committee on Energy and
Commerce is in no way waiving its jurisdiction over the
subject matter contained in those provisions in the bill that
fall within your Rule X jurisdiction. In addition, I would
support your effort to seek appointment of an appropriate
number of conferees on any House-Senate conference involving
this legislation.
Finally, I am pleased to include this letter and your
letter in the Congressional Record during floor consideration
of H.R. 5578,
Sincerely,
Bob Goodlatte.
Chairman,
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, passing the Survivors' Bill of Rights Act is an
important step in enacting protections and ensuring access to justice
for many Americans who are survivors of sexual assault.
In May, just this last May, I found myself meeting with Amanda
Nguyen, Lara McLeod, and Marisa Ferri and their friends in my office as
part of Assault Awareness Month. They had asked to meet with me, as the
senior woman on the Judiciary Committee, and then they told me I was
the first actual Member of Congress whom they had been able to meet
with.
When I did listen to them, this is what I heard:
Amanda Nguyen told me about her rape, that every 6 months she was
faced with the choice of reliving her past trauma or having the State
of Massachusetts destroy essential evidence that would assist in the
prosecution of her rapist: her medical forensic examination, or rape
kit.
When Amanda sought information on how to prevent her rape kit from
being destroyed, police provided conflicting information. She was even
told at one point that the kit would be stored indefinitely, which was
not correct. She then had to go back and forth between police and State
lab techs trying to locate her kit. And even when she found it and got
the extension on storing it, the technicians moved her kit without
telling her, and she now has to file an extension every 6 months just
to preserve the evidence.
I listened to Marisa Ferri tell me that she thought her rape would be
the most traumatic experience of her life, but what she found out was
that even more traumatic, according to her, was the way she was further
victimized by the system after being raped. When Marisa went to the
hospital to seek medical treatment and requested a forensic exam, she
was prevented from doing so until after she spoke with the detective.
She asked if the interview could wait until the volunteer from the
Rape Crisis Center arrived, but was told that she had to be interviewed
then if she wanted to press charges. Alone and confused, Marisa
underwent nearly hours of questioning by a detective who tried to
discourage her from filing a report and blamed her, according to
Marisa, for her own rape.
Marisa is, unfortunately, not alone in being misinformed about her
rights, and being interrogated instead of being allowed the opportunity
to undergo a rape kit procedure in an expedient manner and to ensure
the maximum effectiveness that the evidence has been collected.
Marisa endured 6 weeks of repeated questioning by the detective about
her behavior on the night of the rape. At times, she said she felt like
she was the one under investigation.
Initially, her case was closed without the rape kit being tested. It
was only after she filed a formal complaint that the case was reopened
more than a year later and the rape kit was tested. Many survivors
would have given up on a system that had failed them as much as the
system failed her and would not have pursued reopening their closed
case.
Lara McLeod suffered through further victimization after sexual
assault. She reports that, at 19 years of age, she was raped by her
sister's fiance, but she did not want to report the crime. Instead, her
family, who she told about her sexual assault, informed the police, and
she was told to go to the station for a formal interview.
After a cursory investigation, she reports that the police accused
her of lying about the rape and arrested her.
[[Page H5048]]
Her sister was charged with obstructing justice for aiding Lara's
alleged deceit. The false charge against Lara and her sister were
eventually expunged, but not before damage to reputation and her
sister's savings being spent on dismissing the charges and, worse yet,
her sister being denied full custody of her infant son because of the
charge against her, which ultimately resulted in this son dying while
in the custody of Lara's rapist.
I mention these terrifying stories because that is what this bill is
all about. It is also about the power of individuals to change the law.
After I heard their stories, within 2 hours, I talked to Judiciary
Committee Chairman Goodlatte on the House floor and told him about
these stories.
To his credit, Chairman Goodlatte immediately contacted his staff to
make sure that we could work together on this bill. Only 2 short months
later, the Judiciary Committee unanimously approved this legislation.
The House version includes a small improvement on the text passed by
the Senate; and it is my hope that, after passage in the House, the
Senate will also approve this version so it can be sent to President
Obama for his signature.
I want to thank all the members of the Judiciary Committee for their
action. But even more, I want to thank the courageous victims of rape
who formed the group RISE, who did rise and who exerted their power to
take control of this situation, who would not accept being victimized
but, instead, decided to take their trauma and change the law so that
other victims will have more power than they had. The congratulations
go to them.
Mr. Speaker, I reserve the balance of my time.
{time} 1630
Mr. GOODLATTE. Mr. Speaker, it is now my great pleasure to yield 4
minutes to the gentlewoman from California (Mrs. Mimi Walters), the
chief sponsor of this legislation and a member of the Judiciary
Committee.
Mrs. MIMI WALTERS of California. Mr. Speaker, under current law,
basic rights that protect survivors of sexual assault and allow them
full access to justice vary greatly between each State and Federal
statute. The uneven patchwork of laws across this country and the lack
of substantive rights for sexual assault survivors prevent them from
having full access to the justice system. Survivors of sexual assault
have experienced unspeakable trauma, and they should not face
unnecessary barriers to justice. These brave survivors deserve
commonsense legal protections and clear procedures that ensure access
to justice.
This bipartisan legislation will ensure that sexual assault survivors
in Federal criminal cases have a right to a sexual assault evidence
collection kit, a right to be notified in writing before the kit is
destroyed, a right to request preservation of the kit, and a right to
be informed of important results from a forensic examination.
This legislation is so important because it ensures these rights in
the Federal criminal justice system and, furthermore, it will set an
example for States to adopt similar procedures and practices.
Additionally, this legislation will establish a joint working group
formed by the Attorney General and the Department of Health and Human
Services on best practices regarding the care and treatment of sexual
assault survivors and the preservation of forensic evidence. It will
also make the Victims of Crimes Act grant funding available for States
to disseminate written notice of survivors' rights. The Senate has
unanimously passed these reforms, and now we must do our part to ensure
that sexual assault survivors have a fair chance at justice.
This legislation, which I have introduced with Ms. Lofgren, has been
endorsed by Rise; the Rape, Abuse & Incest National Network, more
commonly known as RAINN; the National Alliance to End Sexual Violence;
and the National Center for Victims of Crime, among other groups. I
thank these groups, Chairman Goodlatte, Ms. Lofgren, and all other
cosponsors working to advance the Survivors' Bill of Rights.
I remain committed to ensuring that survivors of sexual assault can
secure justice, and I look forward to working with my colleagues to
advocate for victims of sexual assault and enact sensible reforms like
this bipartisan bill. I encourage my colleagues to support the
Survivors' Bill of Rights.
Ms. LOFGREN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want to celebrate our action today. I know that Lara
McLeod and Marisa Ferri are watching this on C-SPAN. Amanda Nguyen is
here in the Chamber. I just want to say to them: You are not weak
victims. You are strong and powerful actors who turned tragedy into a
triumph, and I commend you and honor you for your work.
I thank the gentleman, and I urge all Members to vote for this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume. I just want to thank the gentlewomen from California, Mrs.
Mimi Walters and Ms. Lofgren, for their hard work, and the women who
have spoken out about their own personal experiences with regard to
sexual assaults because without their speaking out, we would not make
the kind of progress that we have made in bringing this legislation
this far to the floor of the House.
I urge my colleagues to support it. It is important legislation to
protect women. It is important legislation to protect our judicial
process, and it is important legislation to be sure that people are
treated with respect and dignity as they go through this process.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 5578,
the ``Survivors' Bills of Rights Act of 2016.''
I am pleased to be an original cosponsor of this measure because this
critical bill will eliminate barriers to the law faced by sexual
assault survivors.
H.R. 5578 is an important bill intended to provide additional legal
protections and support to survivors of the horrific crime of sexual
assault.
An estimated 1 out of every 6 women in the United States will be the
victim of a sexual assault or attempted sexual assault during their
lifetime.
All too often, the victims of sexual abuse are children. According to
a 2013 Department of Health and Human Services survey on child
maltreatment, child protective service agencies estimated that for the
period from 2009 through 2013, an average of 63,000 children were
victims of sexual abuse each year.
Despite these statistics, the United States presently lacks
standardized procedures for victims of sexual assault to gain full
access to justice.
Basic rights and protections for survivors of sexual assault vary
from state to state.
Moreover, not a single State gives sexual assault victims the right
to require that critical forensic evidence in their case--the sexual
assault evidence collection kit, or rape kit--be retained until the
statute of limitations on the crime has expired.
As a result, critical evidence can be lost.
The Survivors' Bill of Rights Act will create a federal standard that
states can model.
For example, Massachusetts has a 15-year statute of limitations on
sexual assaults, but untested rape kits are required to be stored only
for six months.
In another example, the Charlotte-Mecklenburg Police Department in
North Carolina has destroyed more than 1,000 rape kits since 2000.
This bipartisan legislation would ensure sexual assault survivors in
federal criminal cases have certain rights and serve as an example for
States to adopt similar practices.
This bill will add to the existing rights for the survivors of sexual
assault the following:
The right to not be prevented from, or charged for, receiving a
medical forensic exam;
The right to be informed of any result of a sexual assault evidence
collection kit;
The right to be informed in writing of policies governing the
collection and preservation of their rape kit;
The right to have that rape kit preserved, without charge, for the
statutory limitation period or 20 years, whichever is shorter;
The right to receive written notice, no later than sixty days before
the intended date, if the government intends to destroy or dispose of
their rape kit before the end of the statutory limitation period; and
The right to request, in writing, that their rape kit be preserved,
rather than be destroyed or disposed of before the expiration of the
statutory limitation period.
This bill also amends Victims of Crime Act to authorize the Attorney
General to make grants for the development and dissemination of written
notices of applicable rights and policies for sexual assault survivors.
[[Page H5049]]
Crime victim assistance programs that receive such grants will
provide the notices to sexual assault survivors, as well as to medical
facilities, law enforcement agencies, forensic examiners, sexual
assault service providers, and other agencies that come in contact with
sexual assault survivors.
Finally, this bill would create a working group under the Attorney
General, with advice from the Secretary of Health and Human Services,
and participation by representatives of sexual assault prevention,
advocacy, or victims groups, to develop best practices regarding the
care and treatment of sexual assault survivors and the preservation of
forensic evidence.
These changes will allow survivors access to vital medical
information, improve communication between law enforcement and
survivors, ensure survivors have information necessary to monitor
aspects of the investigation, and help prevent evidence in their cases
being destroyed without their knowledge.
This bill expands and strengthens the rights of survivors of sexual
assault, and will help ensure that they are fully and timely informed
of, and thus able to meaningfully exercise, those rights.
For these reasons, I support the Survivors' Bill of Rights Act.
I urge my colleagues to support this bill because this important and
necessary measure will help ensure that sexual assault survivors are
given full access to the justice system.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 5578.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________