[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3648 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3648
To amend the DNA Sexual Assault Justice Act of 2004 to increase access
to Sexual Assault Nurse Examiners, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2022
Mr. Cornyn (for himself and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the DNA Sexual Assault Justice Act of 2004 to increase access
to Sexual Assault Nurse Examiners, and for other purposes.
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 ``Supporting Access to Nurse Exams
Act'' or the ``SANE Act''.
SEC. 2. DEFINITIONS.
Section 304 of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40723) is amended by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
includes--
``(A) a Tribal government or hospital;
``(B) a sexual assault examination program,
including--
``(i) a SANE program;
``(ii) a SAFE program;
``(iii) a SART program;
``(iv) medical personnel, including a
doctor or nurse, involved in treating victims
of sexual assault; and
``(v) a victim service provider involved in
treating victims of sexual assault;
``(C) a State sexual assault coalition;
``(D) a health care facility, including a hospital
that provides sexual assault forensic examinations by a
qualified or certified SANE or SAFE;
``(E) a sexual assault examination program that
provides SANE or SAFE training; and
``(F) a community-based program that provides
sexual assault forensic examinations, including
pediatric forensic exams in a multidisciplinary
setting, by a qualified or certified SANE or SAFE
outside of a traditional health care setting.
``(2) Health care facility.--The term `health care
facility' means any State, local, Tribal, community, free,
nonprofit, academic, or private medical facility, including a
hospital, that provides emergency medical care to patients.
``(3) Medical forensic examination; mfe.--The term `medical
forensic examination' or `MFE' means an examination of a sexual
assault patient by a health care provider, who has specialized
education and clinical experience in the collection of forensic
evidence and treatment of these patients, which includes--
``(A) gathering information from the patient for
the medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries,
documentation of biological and physical findings, and
collection of evidence from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and
referrals for sexually transmitted infections,
pregnancy, suicidal ideation, alcohol and substance
abuse, and other non-acute medical concerns; and
``(F) providing follow-up as needed to provide
additional healing, treatment, or collection of
evidence.
``(4) Pediatric sane and safe.--The term `pediatric SANE
and SAFE' means a SANE or SAFE who is trained to conduct sexual
assault forensic examinations on children and youth between the
ages of 0 and 18.
``(5) Qualified personnel.--The term `qualified personnel'
includes a registered or advanced practice nurse, physician,
doctor of osteopathy, or physician assistant who has
specialized training conducting medical forensic examinations.
``(6) Qualified sane and safe training program.--The term
`qualified SANE and SAFE training program' means a program
that--
``(A) is qualified to prepare current and future
sexual assault nurse examiners to be profession-ready
and meet the applicable State and national
certification and licensure requirements, through
didactic, clinical, preceptor, or capstone programs
that include longer-term training;
``(B) provides that preparation under a health care
model that uses trauma-informed techniques; and
``(C) is approved as meeting the most recent
National Training Standards for Sexual Assault Medical
Forensic Examiners.
``(7) Rural area.--The term `rural area' has the meaning
given the term in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291).
``(8) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(9) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act or sexual contact proscribed by
Federal, Tribal, or State law, including when the individual
lacks capacity to consent.
``(10) Sexual assault forensic examiner; safe.--The term
`sexual assault forensic examiner' or `SAFE' means an
individual who has specialized forensic training in treating
sexual assault survivors and conducting medical forensic
examinations.
``(11) Sexual assault forensic examination.--The term
`sexual assault forensic examination' means an examination of a
sexual assault patient by a health care provider, who has
specialized education and clinical experience in the collection
of forensic evidence and treatment of these patients, which
includes--
``(A) gathering information from the patient for
the medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries,
documentation of biological and physical findings, and
collection of evidence from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and
referrals for sexually transmitted infections,
pregnancy, suicidal ideation, alcohol and substance
abuse, and other non-acute medical concerns; and
``(F) providing follow-up as needed to provide
additional healing, treatment, or collection of
evidence.
``(12) Sexual assault nurse examiner; sane.--The term
`sexual assault nurse examiner' or `SANE' means a registered or
advanced practice nurse who has specialized training conducting
medical forensic examinations.
``(13) Sexual assault response team; sart.--The term
`sexual assault response team' or `SART' means a
multidisciplinary team that--
``(A) provides a specialized and immediate response
to survivors of sexual assault; and
``(B) may include health care personnel, law
enforcement representatives, community-based survivor
advocates, prosecutors, and forensic scientists.
``(14) State.--The term `State' means any State of the
United States, the District of Columbia, and any territory or
possession of the United States.
``(15) Trauma-informed.--The term `trauma-informed' means,
with respect to services or training, services or training
that--
``(A) use a patient-centered approach to providing
services or care;
``(B) promote the dignity, strength, and
empowerment of patients who have experienced trauma;
and
``(C) incorporate evidence-based practices based on
knowledge about the impact of trauma on patients'
lives.
``(16) Underserved populations.--The term `underserved
populations' has the meaning given the term in section 40002 of
the Violence Against Women Act of 1994 (34 U.S.C. 12291).''.
SEC. 3. SEXUAL ASSAULT NURSE EXAMINER GRANTS.
Section 304 of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40723) is amended by inserting after subsection (a), as amended
by section 2 of this Act, the following:
``(b) Sexual Assault Nurse Examiner Training Program Grants.--
``(1) Authorization for grants.--The Attorney General, in
consultation with the Secretary, shall make grants to eligible
entities for the following purposes:
``(A) To establish qualified regional SANE training
programs--
``(i) to provide clinical education for
SANE students;
``(ii) to provide salaries for full- and
part-time SANE instructors, including those
specializing in pediatrics and working in a
multidisciplinary team setting, to help with
the clinical training of SANEs; and
``(iii) to provide access to simulation
laboratories and other resources necessary for
clinical education.
``(B) To provide full- and part-time salaries for
SANEs and SAFEs, including pediatric SANEs and SAFEs.
``(C) To increase access to SANEs and SAFEs by
otherwise providing training, education, or technical
assistance relating to the collection, preservation,
analysis, and use of DNA samples and DNA evidence by
SANEs, SAFEs, and other qualified personnel.
``(2) Preference for grants.--In reviewing applications for
grants under this section, the Attorney General shall give
preference to any eligible entity that certifies in the grant
application that the entity will coordinate with a rape crisis
center or the State sexual assault coalition to facilitate
sexual assault advocacy to support sexual assault survivors and
use the grant funds to--
``(A) establish qualified SANE training programs in
localities with a high volume of forensic trauma cases,
including adult and child sexual assault, domestic
violence, elder abuse, sex trafficking, and
strangulation cases;
``(B) increase the local and regional availability
of full- and part-time sexual assault nurse examiners
in a rural area, Tribal area, an area with a health
professional shortage, or for an underserved
population, including efforts to provide culturally
competent services; or
``(C) establish or sustain sexual assault mobile
teams or units or otherwise enhance SANE and SAFE
access through telehealth.''.
SEC. 4. DIRECTIVE.
Section 304 of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40723) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (b), as added by section
3 of this Act, the following:
``(c) Directive to the Attorney General.--
``(1) In general.--Not later than the beginning of fiscal
year 2022, the Attorney General shall coordinate with the
Secretary to inform health care facilities, including Federally
qualified health centers and hospitals, colleges and
universities, and other appropriate health-related entities
about--
``(A) the availability of grant funding under this
section; and
``(B) the role of sexual assault nurse examiners,
both adult and pediatric, and available resources of
the Department of Justice and the Department of Health
and Human Services to train or employ sexual assault
nurse examiners to address the needs of communities
dealing with sexual assault, domestic violence, sex
trafficking, elder abuse, strangulation, and, in
particular, the need for pediatric SANEs, including
such nurse examiners working in the multidisciplinary
setting, in responding to abuse of both children and
adolescents.
``(2) Requirement.--In carrying out paragraph (1), the
Attorney General shall collaborate with nongovernmental
organizations representing SANEs.
``(d) Public Information on Access to Sexual Assault Forensic
Examinations.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Supporting Access to Nurse Exams Act, the
Attorney General, in consultation with the Secretary, shall
establish, and update annually, a public website on the access
to forensic nurse examiners.
``(2) Contents.--The website required under paragraph (1)
shall with specificity describe, by State--
``(A) funding opportunities for SANE training and
continuing education; and
``(B) the availability of sexual assault advocates
at locations providing sexual assault forensic exams.
``(3) Report to congress.--Not later than 4 years after the
date of enactment of the Supporting Access to Nurse Exams Act,
the Attorney General, in consultation with the Secretary, shall
submit to the Committee on the Judiciary of the Senate, the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on the Judiciary of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives a report on--
``(A) the availability of, and patient access to,
trained SANEs and other providers who perform MFEs or
sexual assault forensic examinations;
``(B) the health care facilities, including
hospitals or clinics, that offer SANEs and sexual
assault forensic examinations and whether each health
care facility, including a hospital or clinic, has
full-time, part-time, or on-call coverage;
``(C) regional, provider, or other barriers to
access for SANE care and services, including MFEs and
sexual assault forensic examinations;
``(D) State requirements, minimum standards, and
protocols for training SANEs, including trauma-informed
and culturally competent training standards;
``(E) State requirements, minimum standards, and
protocols for training emergency services personnel
involved in MFEs and sexual assault forensic
examinations;
``(F) the availability of sexual assault nurse
examiner training, frequency of when training is
convened, the providers of such training, the State's
role in such training, and what process or procedures
are in place for continuing education of such
examiners;
``(G) the dedicated Federal and State funding to
support SANE training;
``(H) funding opportunities for SANE training and
continuing education;
``(I) the availability of sexual assault advocates
at locations providing MFEs and sexual assault forensic
exams; and
``(J) the total annual cost of conducting sexual
assault forensic exams described in section 2010(b) of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10449(b)).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Subsection (e) of section 304 of the DNA Sexual Assault Justice Act
of 2004 (34 U.S.C. 40723), as redesignated by section 4 of this Act, is
amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for each of fiscal years 2023 through 2027 to
carry out this section.''.
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