[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[Senate]
[Pages 6810-6812]
[From the U.S. 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

[[Page 6811]]


     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

                             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

[[Page 6812]]

     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.

     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.

                          ____________________