[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[Senate]
[Pages S6197-S6199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SURVIVORS' BILL OF RIGHTS ACT OF 2016

  Mr. GRASSLEY. Mr. President, I come to the floor for the same reason 
Senator Shaheen of New Hampshire is here. I rise today to speak on the 
Survivors' Bill of Rights. This is a noncontroversial and very 
bipartisan bill. It has already passed the Senate.
  Amanda Nguyen is a rape victim and a survivor who has been the 
driving force behind this legislation. She is founder and president of 
an organization that goes by the acronym RISE, a

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group which advocates on behalf of survivors of sexual violence. Amanda 
has worked hand in hand with both political parties on this bill to 
establish new rights for survivors of sexual violence. That is the way 
it should be because regardless of political party, all Members of 
Congress should be empowering survivors of sexual violence. However, 
while Republicans were ready to move forward on this bill last week, 
Democratic leadership has been stalling Amanda's diligent efforts.
  This bill ensures that all survivors of sexual violence have equal 
access to all available tools in their pursuit of justice. This 
includes the proper collection and preservation of forensic evidence 
that is so vital in cases of sexual violence. This bill also guarantees 
these survivors a new package of rights.
  As I said, this is a bipartisan bill, very noncontroversial. It has 
already passed this body 89 to 0.
  Each day, others like Amanda will fall victim to sexual violence. The 
Senate should not wait one more day to help these people seek justice, 
so, after Senator Shaheen speaks, I am here now to request unanimous 
consent to move this bill. My understanding is that it is now OK with 
the Democrats to agree to the passage of this legislation.
  Mr. President, I yield the floor, hopefully for the purpose of 
Senator Shaheen stating her views on this bill.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mrs. SHAHEEN. Mr. President, I am pleased to join my colleague, the 
chair of the Judiciary Committee, as he requests a unanimous consent 
vote to pass the Sexual Assault Survivors' Rights Act. Passage of this 
bill marks a momentous day for survivors of sexual assault, and it 
really is a testament to the important progress we can make in Congress 
when we work together on a bipartisan basis to address the needs of the 
American people.
  The Sexual Assault Survivors' Rights Act for the first time 
establishes a set of codified, court-enforceable rights to address 
unique issues faced by sexual assault survivors. It also ensures 
survivors the opportunity to enforce these rights in Federal court.
  Last February, I introduced this legislation, but the real 
inspiration for the bill came many months earlier when I first met with 
Amanda Nguyen, a young sexual assault survivor who faced heartbreaking 
challenges after reporting her assault. As Senator Grassley said, she 
was really the moving force behind this legislation.
  Amanda told me about the repeated battles she fought to prevent her 
rape forensic kit from being destroyed, and she recounted the grueling 
legal process that she and other survivors have endured in order to win 
justice. Well, I was deeply moved by Amanda's experience, and soon 
after that initial meeting, I got to work with staff. We worked through 
multiple drafts, and with invaluable counsel from Amanda, as well as 
dozens of nationally recognized experts and organizations, we produced 
the final bill that was introduced in February.
  I thank Senators Blumenthal and Leahy for their counsel throughout 
the process and for serving as original cosponsors. As I said earlier, 
I also thank Senator Grassley and Senator Schumer, who helped moved the 
bill through the Judiciary committee in April. It passed the full 
Senate in May. The same legislation, sponsored by Representatives 
Wasserman Schultz, Lamar Smith, Mimi Walters, and Zoe Lofgren, was 
unanimously passed by the House earlier this month.
  Following the introduction of the bill, there was a groundswell of 
nationwide support for the rights set forth in this legislation, 
including more than 90,000 people who signed a petition urging Congress 
to act. Clearly the bill resonated with the American people, especially 
survivors of sexual assault because so many survivors feel intimidated 
by the legal process and they choose not to go forward. That is one 
reason sexual assault is among the most underreported and unpunished 
crimes nationwide. Nearly 70 percent of attacks go unreported. Many 
survivors who initially file charges become frustrated by the legal 
obstacle course, and they give up before their cases are resolved, or, 
for many of them, their cases simply slip through the cracks.
  The rights set forth in this new law will apply only in Federal 
cases, but we know from experience that when Congress makes reforms to 
Federal statutes, it often serves as a model and catalyst for States to 
improve their own laws. The goal is to create a standardized, 
transparent process that reassures survivors they will be supported and 
protected as they pursue justice.
  The Sexual Assault Survivors' Rights Act, as Senator Grassley said, 
will establish fair procedures with regard to rape forensic kits, 
including the right not to be charged any fees related to the forensic 
medical examination; the right to have sexual assault evidence 
preserved for the entire statute of limitations period; the right to be 
informed of the results of medical exams; and the right to written 
notice prior to destruction of a rape kit. These and other rights are 
basic and essential protections that all survivors ought to have 
regardless of where they live.
  In drafting the legislation, we wanted to make clear that by 
establishing these rights for survivors, without precondition we ensure 
that survivors' interests are legally protected, regardless of how or 
if they choose to move forward with an official report to police. We 
know that sometimes in the immediate aftermath of an attack, many 
survivors are not prepared to face the additional emotional challenges 
of confronting their attacker in the legal system. We also know that 
after survivors have a chance to heal, they are often more prepared to 
seek justice. States around the country are recognizing this fact and 
extending their statute of limitations on sexual crimes.
  The rights in this legislation, hand in hand with that process at the 
State level, ensure that even if a survivor only seeks a medical 
forensic exam or reports an assault anonymously, even if a survivor is 
not ready to immediately move forward with the criminal process, the 
survivor will have enforceable rights in our legal system and can be 
assured that evidence is preserved for the future.
  I thank all my colleagues in both the Senate and the House who have 
come together on a bipartisan basis to create a reform process that 
ends the silence surrounding sexual assault, that brings it out of the 
shadows, and that gives survivors a fair shot at justice.
  When the President signs this bill into law in the days ahead, it 
will send a powerful message to survivors all across the country: You 
do have rights. We do care about you. And if you choose to come 
forward, we are going to ensure a justice system that treats you with 
dignity and fairness.
  Again, I thank all my colleagues. I know Senator Grassley is going to 
be requesting unanimous consent that this legislation go forward. Mr. 
President, I would like to be recorded as present and voting yes on 
that unanimous consent request, and I am pleased to be able to join 
Senator Grassley as he makes this momentous request.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I thank Senator Shaheen for her support 
and her detailed explanation of what the legislation does and for 
everything she has done to help move this legislation along.
  At this time, I ask unanimous consent that the Committee on the 
Judiciary be discharged from further consideration of H.R. 5578 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 5578) to establish certain rights for sexual 
     assault survivors, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the bill be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to a third reading and was read the third time.
  Mr. GRASSLEY. Mr. President, I know of no further debate on the 
measure.
  The PRESIDING OFFICER. Is there further debate on the measure?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (H.R. 5578) was passed.

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  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, on H.R. 5578 we take an important step 
forward for victims of crime by establishing key protections for 
survivors of sexual assault in our criminal justice system.
  I was proud to work with Senator Shaheen on this legislation when it 
passed in the Senate earlier this year. Her Sexual Assault Survivors' 
Rights Act addresses the unique challenges faced by sexual assault 
survivors. This bipartisan bill received overwhelming support in the 
Senate. The House has acted on a companion bill, H.R. 5578, that is 
nearly identical to what Senator Shaheen championed in the Senate. 
Today we pass the House measure and ensure that it will become law.
  In many jurisdictions across the country, survivors of sexual assault 
face a labyrinth of complex policies that deter them from pursuing 
justice. We have seen that even when survivors make the decision to 
come forward, sometimes evidence is not properly preserved or tested. 
This is not acceptable. Survivors of sexual assault should never feel 
abandoned by our criminal justice system.
  Senator Shaheen's Sexual Assault Survivors' Rights Act treats 
survivors with the dignity and respect that they deserve. It guarantees 
basic rights to survivors and serves as a model for reform across our 
Nation. It strengthens notice requirements to ensure that survivors 
understand their rights, and know the status of their cases.
  Senator Shaheen was an original cosponsor of the Leahy-Crapo Violence 
Against Women Reauthorization Act, which was signed into law in 2013 
and significantly increased resources for survivors of sexual assault. 
We are building on that progress today by passing the Sexual Assault 
Survivors' Rights Act, but our work is not done. I urge the House to 
pass my bipartisan Justice for All Reauthorization Act, which increases 
protections for victims of crime and provides resources to ensure key 
evidence is tested. The Senate passed this bill in June by voice vote, 
and I hope the House will act soon so that it can become law.
  Today, I stand with survivors of sexual assault and with Senator 
Shaheen, whose work to protect the rights of victims is of great 
importance.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent to speak for 
such time as I may consume, and I would say it would be in the 
neighborhood of about 10 or 12, maybe 15 minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

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