[Senate Report 115-238]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 395
115th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      115-238
_______________________________________________________________________

 
 
 
                  IMPROVE DATA ON SEXUAL VIOLENCE ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2349

           TO DIRECT THE DIRECTOR OF THE OFFICE OF MANAGEMENT
             AND BUDGET TO ESTABLISH AN INTERAGENCY WORKING
           GROUP TO STUDY FEDERAL EFFORTS TO COLLECT DATA ON
           SEXUAL VIOLENCE AND TO MAKE RECOMMENDATIONS ON THE
         HARMONIZATION OF SUCH EFFORTS, AND FOR OTHER PURPOSES









[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









                  May 7, 2018.--Ordered to be printed

                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2018 





















        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  HEIDI HEITKAMP, North Dakota
JAMES LANKFORD, Oklahoma             GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming             MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota            KAMALA D. HARRIS, California
STEVE DAINES, Montana                DOUG JONES, Alabama

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
                  Daniel J. Spino, Research Assistant
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
       Charles A. Moskowitz, Minority Senior Legislative Counsel
                 Katherine C. Sybenga, Minority Counsel
                     Laura W. Kilbride, Chief Clerk


















                                                      Calendar No. 395
115th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      115-238

======================================================================



 
                  IMPROVE DATA ON SEXUAL VIOLENCE ACT

                                _______
                                

                  May 7, 2018.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2349]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2349), to direct 
the Director of the Office of Management and Budget to 
establish an interagency working group to study Federal efforts 
to collect data on sexual violence and to make recommendations 
on the harmonization of such efforts, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............4

                         I. PURPOSE AND SUMMARY

    S. 2349, the Improve Data on Sexual Violence Act, requires 
the Office of Management and Budget (OMB) to create an 
interagency working group to improve Federal communication and 
data collection on sexual violence, with the goal of having 
standardized terms and statistics.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    In 2016, the Government Accountability Office (GAO) 
released a report that identified variations in how agencies 
collect information on sexual violence and recommended that OMB 
create an interagency working group to better harmonize efforts 
to collect sexual violence data.\1\ GAO found that the Centers 
for Disease Control and Prevention (CDC), the Department of 
Defense (DOD), the Department of Education (ED), the Department 
of Health and Human Services (HHS), and the Department of 
Justice (DOJ) all collect sexual violence data.\2\ These 
agencies combined have 10 different data collection efforts and 
23 different overlapping terms for various acts of sexual 
violence.\3\ These data collections do not contain any 
information regarding what types of acts of violence are 
included for each term, furthering public confusion and 
fragmentation.\4\ These recommendations were also included in 
the 2017 Duplication Report,\5\ which is an annual report on 
fragmentation, overlap, and duplication in the Federal 
government.\6\
---------------------------------------------------------------------------
    \1\U.S. Gov't Accountability Off., GAO-16-546, Sexual Violence 
Data: Actions Needed to Improve Clarity and Address Differences Across 
Federal Data Collection Efforts (July 2016), available at https://
www.gao.gov/assets/680/678511.pdf.
    \2\Id. at 8, 13.
    \3\Id. at 2.
    \4\Id.
    \5\U.S. Gov't Accountability Off., GAO-17-491SP, 2017 Annual 
report: Additional Opportunities to Reduce Fragmentation, Overlap, and 
Duplication and Achieve Other Financial Benefits 61 (April 26, 2017), 
available at https://www.gao.gov/assets/690/684304.pdf.
    \6\Pub. L. 111-139, title II, Sec. 21.
---------------------------------------------------------------------------
    Three specific Federal datasets on sexual violence 
illustrate the inconsistencies in the data. In 2010, the CDC 
reported that there were approximately 1.9 million rape 
victims,\7\ the Bureau of Justice Statistics reported 243,800 
``rape/sexual assault'' victims,\8\ and the FBI reported 84,767 
``forcible rape/rape offenses.''\9\ While the disparity in the 
reported numbers is concerning, the discordant terms and 
definitions reveal that the policymakers are lacking accurate 
and comprehensive information necessary to determine how to 
most effectively combat the challenges associated with sexual 
violence.
---------------------------------------------------------------------------
    \7\Matthew J. Breiding, et al., Ctrs. for Disease Control and 
Prevention, Nat'l Ctr. for Inj. Prevention and Control, Division of 
Violence Prevention, National Intimate Partner and Sexual Violence 
Survey, United States (2011), available at https://www.cdc.gov/mmwr/
preview/mmwrhtml/ss6308a1.htm.
    \8\Jennifer L. Truman, Ph.D. & Michael Planty, Ph.D., U.S. Dep't of 
Justice, Bureau of Justice Statistics, Criminal Victimization, 2010 
(Sept. 2011), available at https://www.bjs.gov/content/pub/pdf/
cv10.pdf.
    \9\Unif. Crime Reporting Program, Fed. Bureau of Investigation, 
Crime in the United States (2010), available at https://ucr.fbi.gov/
crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime/rapemain.
---------------------------------------------------------------------------
    S. 2349 addresses the issue of differing definitions across 
Federal agencies. S. 2349 implements GAO's recommendation by 
requiring that OMB establish an interagency working group with 
representatives from CDC, DOD, ED, HHS, and DOJ. The group's 
purpose is to define and document what constitutes different 
acts of sexual violence. Within two years of the enactment of 
this bill, the group will publish a report and submit it to 
Congress. Shortly following submission of the report, the 
working group will dissolve.

                        III. LEGISLATIVE HISTORY

    Ranking Member Claire McCaskill (D-MO) and Chairman Ron 
Johnson (R-WI) introduced S. 2349, the Improve Data on Sexual 
Violence Act, on January 29, 2018. The bill was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 2349 at a business meeting on 
February 14, 2018. The bill was favorably reported en bloc by 
voice vote. Senators present for the vote were Johnson, 
Portman, Paul, Lankford, Enzi, Hoeven, Daines, McCaskill 
Heitkamp, Peters, Hassan, Harris, and Jones.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes that the bill may be cited as the 
``Improve Data on Sexual Violence Act.''

Section 2. Interagency working group to study Federal efforts to 
        collect data on sexual violence

    Subsection (a) requires that OMB create an interagency 
working group to harmonize Federal efforts on sexual violence 
data within 180 days of enactment.
    Subsection (b) lists the agencies that shall be in the 
working group: CDC, DOD, ED, HHS, and DOJ.
    Subsection (c) explains the obligations of the working 
group. The working group is to consider what activities 
constitute different acts of sexual violence, whether reports 
that use the same words for violent sexual acts are collecting 
the same data on these acts, if the context which leads up to a 
violent sexual act should impact how the act is recorded for 
the reports, whether the data is collected in a manner that is 
easy to understand, and ensure that agencies take steps to 
avoid duplicative counting of sexual violence acts.
    Subsection (d) explains that the working group is required 
to provide a report to Congress no later than two years of 
enactment on its activities to harmonize Federal efforts to 
collect data on sexual violence, and the actions Federal 
agencies should implement to synchronize Federal records.
    Subsection (e) states that the working group must dissolve 
30 days after the report is submitted to Congress.
    Subsection (f) provides definitions for ``harmonize'' and 
``sexual violence.''

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                     March 1, 2018.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2349, the Improve 
Data on Sexual Violence Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2349--Improve Data on Sexual Violence Act

    S. 2349 would direct the Office of Management and Budget to 
establish a working group to study federal efforts to collect 
data on sexual violence and to recommend ways for agencies to 
coordinate such work. The working group would have members from 
the Centers for Disease Control and Prevention and the 
Departments of Defense, Education, Health and Human Services, 
and Justice. The group would report its findings to the 
Congress within two years and terminate 30 days after the 
report is issued.
    Using information about the costs of similar working groups 
and activities, CBO estimates that implementing S. 2349 would 
cost around $300,000 over the 2018-2020 period, assuming the 
availability of appropriated funds. CBO estimates each of the 
five agencies would devote about two month's effort to this 
working group by a senior employee at a cost of $20,000 per 
month, and one junior employee at half of that cost.
    Enacting S. 2349 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2349 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 2349 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because this legislation would not repeal or amend any 
provision of current law, it would not make changes in existing 
law within the meaning of clauses (a) and (b) of paragraph 12 
of rule XXVI of the Standing Rules of the Senate.

                                  [all]