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114th Congress   }                                   {   Rept. 114-707
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {          Part 1

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



 
                 SURVIVORS' BILL OF RIGHTS ACT OF 2016

                                _______
                                

 September 6, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5578]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5578) to establish certain rights for sexual assault 
survivors, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page

Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    This legislation will provide additional rights to victims 
of sexual assault and help them better navigate the complicated 
process that faces them. Currently, basic rights to protect 
sexual assault survivors and help them fully access justice 
vary greatly among states and the Federal criminal justice 
system, resulting in a patchwork of laws. A sexual assault 
survivors' bill of rights will help ensure that survivors have 
commonsense protections and procedures.

                Background and Need for the Legislation

    The Committee has worked tirelessly on issues of sexual 
assault, access to forensic medical kits (more commonly known 
as Rape Kits), and similar items aimed at ensuring timely 
access to justice for victims of these heinous crimes. This 
bill continues that tradition by providing specific rights for 
victims of sexual assault with relation to their medical kit, 
as well as allowing the Department of Justice to issue grants 
to states to help notify victims of sexual assault of any 
similar rights they might have under state law.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
5578.

                        Committee Consideration

    On July 7, 2016, the Committee met in open session and 
ordered the bill H.R. 5578 favorably reported, without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 5578.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 5578, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5578, the 
``Survivors' Bill of Rights Act of 2016.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



           H.R. 5578--Survivors' Bill of Rights Act of 2016.

      As ordered reported by the House Committee on the Judiciary 
                            on July 7, 2016.



    H.R. 5578 would direct DOJ to establish a working group to 
develop and disseminate best practices relating to the care and 
treatment of survivors of sexual assault and the preservation 
of forensic evidence. Based on the cost of similar activities, 
CBO estimates that costs for the working group would be less 
than $500,000 annually; such spending would be subject to the 
availability of appropriated funds.
    H.R. 5578 also would establish new programs in the 
Department of Justice (DOJ) to assist the survivors of sexual 
assault and would authorize the Crime Victims Fund to cover 
most of the costs of those new programs. Spending from the 
Crime Victims Fund is permanently appropriated and is 
classified in the budget as direct spending. CBO estimates that 
all balances and new deposits into the Crime Victims Fund will 
be spent on authorized programs under current law; thus, 
enacting the bill to allow the Crime Victims Fund to pay for 
the new programs would not significantly change spending from 
the fund in any year or over the 2017-2026 period.
    Because enacting the bill would affect direct spending, 
pay-as-you-go procedures apply; however, CBO estimates that 
those costs would not be significant. The legislation would not 
affect revenues. CBO estimates that enacting H.R. 5578 would 
not increase net direct spending or on-budget deficits in any 
of the four consecutive 10-year periods beginning in 2027.
    H.R. 5578 would impose intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). It would 
require law enforcement agencies to preserve evidence collected 
in sexual assault kits, notify sexual assault victims about 
procedures for the preservation and potential disposal of such 
evidence, and provide victims with the results from evidence 
testing. The bill would require law enforcement agencies to 
preserve sexual assault kits for the maximum applicable statute 
of limitation or 20 years, whichever is shorter. Most law 
enforcement agencies retain sexual assault kits for 20 years or 
longer, and storage costs are inexpensive. Consequently, CBO 
estimates that the cost of that mandate would be small.
    The bill also would prohibit agencies from charging a 
sexual assault survivor for a medical forensic examination. 
However, all 50 states, the District of Columbia, and five 
territories already bear the costs of such examinations as a 
condition of their participation in the Services Training 
Officers Prosecutors (STOP) program. Consequently, CBO 
estimates that state, local, and tribal governments would incur 
negligible costs to comply with that mandate. CBO estimates 
that the aggregate costs of the mandates in the bill would fall 
well below the intergovernmental threshold established in UMRA 
($77 million in 2016, adjusted annually for inflation).
    Finally, states would benefit from grants authorized in the 
bill to assist in informing sexual assault survivors about 
their rights. State and local governments also would benefit 
from the reauthorization of grants for verifying the residence 
locations of registered sex offenders. Any costs to state or 
local governments associated with participating in those grant 
programs would result from complying with conditions of 
assistance.
    H.R. 5578 contains no private-sector mandates as defined in 
UMRA.
    On May 19, 2016, CBO transmitted a cost estimate for S. 
2613, the ``Adam Walsh Reauthorization Act of 2016,'' as 
reported by the Senate Committee on the Judiciary on April 14, 
2016. Sections 5 and 6 of S. 2613 are similar to sections 2 and 
3 of H.R. 5578, and CBO's estimate of the budgetary effects of 
those sections are the same.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for Federal costs) and Rachel Austin (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 5578 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5578 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5578 will empower sexual assault victims as they navigate the 
Federal system.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5578 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
Section One: Short Title
    This section denotes the short title of the bill as 
``Survivors' Bill of Rights.''
Section Two: Survivors' Rights
    This section amends title 18 of the U.S. Code to strengthen 
and clarify existing law, as well as add additional protections 
for survivors in Federal sexual assault cases.
    The rights in this bill include the right to a) not be 
prevented from receiving a medical forensic exam; b) not be 
charged for receiving a medical forensic exam; c) have a kit or 
its probative contents preserved, without charge, for the 
statutory limitation period or 20 years, whichever is shorter; 
d) receive written notice, not later than 60 days before the 
government's intention to destroy or dispose of the survivors' 
sexual assault evidence collection kit (``kit'') pursuant to 
the expiration of the statutory limitation period; e) be 
informed of any result of a kit (which allows survivors access 
to vital medical information obtained from their kit), if such 
disclosure would not impede or compromise an investigation; f) 
be informed in writing of policies governing the collection and 
preservation of their kit (which improves communication and 
transparency between law enforcement and survivors to ensure 
survivors have information necessary to monitor aspects of the 
investigation); g) upon written request, have their kit or its 
probative evidence preserved if the government intends to 
destroy or dispose of their kit before the expiration of the 
statutory limitation period (survivors throughout the United 
States have had their evidence destroyed without their 
knowledge); and h) be informed of the aforementioned rights.
    This section also a) clarifies existing law under the 
Violence Against Women Act to ensure that survivors are allowed 
access to necessary medical forensic exams; and b) strengthens 
Federal evidence standards by preventing states from destroying 
crucial evidence before the statute of limitations for a case 
has concluded.
Section Three: Notification Grants
    This section amends title 42 of the U.S. Code (Victims of 
Crime Act (VOCA)) to clarify that the U.S. Department of 
Justice may make grants to entities that provide survivors 
written notice of their applicable rights and policies pursuant 
to that entities' law.
    This section also provides that each grant recipient shall 
make best efforts to ensure it provides survivors, medical 
facilities, sexual assault service providers, law enforcement, 
and other related agencies (as well as to make publically 
accessible on the Internet) with written notice of applicable 
rights and policies, including: a) not to be charged fees for 
or otherwise prevented from pursuing a kit; b) to have a sexual 
assault medical forensic examination regardless of whether the 
survivor reports to or cooperates with law enforcement; c) the 
availability of a sexual assault advocate; d) the availability 
of protective orders; e) policies regarding the storage, 
preservation, and disposal of a kit; f) the process, if any, to 
request preservation of a kit or its probative evidence; and g) 
the availability of victim compensation and restitution
    This section also authorizes the Attorney General to 
provide technical assistance to grant recipients to meet 
technical requirements.
Section Four: Working Group
    This section creates a working group under the Attorney 
General, with advice from the Secretary of Health and Human 
Services (HHS), to develop, coordinate, and disseminate the 
application of best practices regarding the care and treatment 
of survivors and kit preservation.
    This section also provides that the working group shall 
consult with various stakeholders, including law enforcement, 
forensic experts, medical experts, in addition to entities 
consisting of sexual assault survivors and advocacy groups.
    This section also requires the working group to submit a 
report to Congress, the Attorney General, and the HHS Secretary 
on its findings and recommendations.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


                      PART II--CRIMINAL PROCEDURE

Chap.                                                               Sec.
      General provisions............................................3001
     * * * * * * *
3772Sexual assault survivors' rights..................................

           *       *       *       *       *       *       *


             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 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.

           *       *       *       *       *       *       *

                              ----------                              


VICTIMS OF CRIME ACT OF 1984

           *       *       *       *       *       *       *


CHAPTER XIV--VICTIM COMPENSATION AND ASSISTANCE

           *       *       *       *       *       *       *


                           crime victims fund

  Sec. 1402. (a) There is created in the Treasury a separate 
account to be known as the Crime Victims Fund (hereinafter in 
this chapter referred to as the ``Fund'').
  (b) Except as limited by subsection (c), there shall be 
deposited in the Fund--
          (1) all fines that are collected from persons 
        convicted of offenses against the United States 
        except--
                  (A) fines available for use by the Secretary 
                of the Treasury pursuant to--
                          (i) section 11(d) of the Endangered 
                        Species Act (16 U.S.C. 1540(d)); and
                          (ii) section 6(d) of the Lacey Act 
                        Amendments of 1981 (16 U.S.C. 3375(d)); 
                        and
                  (B) fines to be paid into--
                          (i) the railroad unemployment 
                        insurance account pursuant to the 
                        Railroad Unemployment Insurance Act (45 
                        U.S.C. 351 et seq.);
                          (ii) the Postal Service Fund pursuant 
                        to sections 2601(a)(2) and 2003 of 
                        title 39 of the United States Code and 
                        for the purposes set forth in section 
                        404(a)(7) of such title 39;
                          (iii) the navigable waters revolving 
                        fund pursuant to section 311 of the 
                        Federal Water Pollution Control Act (33 
                        U.S.C. 1321); and
                          (iv) county public school funds 
                        pursuant to section 3613 of title 18 of 
                        the United States Code;
          (2) penalty assessments collected under section 3013 
        of title 18 of the United States Code;
          (3) the proceeds of forfeited appearance bonds, bail 
        bonds, and collateral collected under section 3146 of 
        title 18 of the United States Code;
          (4) any money ordered to be paid into the Fund under 
        section 3671(c)(2) of title 18 of the United States 
        Code; and
          (5) any gifts, bequests, or donations to the Fund 
        from private entities or individuals, which the 
        Director is hereby authorized to accept for deposit 
        into the Fund, except that the Director is not hereby 
        authorized to accept any such gift, bequest, or 
        donation that--
                  (A) attaches conditions inconsistent with 
                applicable laws or regulations; or
                  (B) is conditioned upon or would require the 
                expenditure of appropriated funds that are not 
                available to the Office for Victims of Crime.
  (c) Sums deposited in the Fund shall remain in the Fund and 
be available for expenditure under this chapter for grants 
under this chapter without fiscal year limitation. 
Notwithstanding section 1402(d)(5), all sums deposited in the 
Fund in any fiscal year that are not made available for 
obligation by Congress in the subsequent fiscal year shall 
remain in the Fund for obligation in future fiscal years, 
without fiscal year limitation.
  (d) The Fund shall be available as follows:
          (2)(A) Except as provided in subparagraph (B), the 
        first $10,000,000 deposited in the Fund shall be 
        available for grants under section 1404A.
          (B)(i) For any fiscal year for which the amount 
        deposited in the Fund is greater than the amount 
        deposited in the Fund for fiscal year 1998, the 
        $10,000,000 referred to in subparagraph (A) plus an 
        amount equal to 50 percent of the increase in the 
        amount from fiscal year 1998 shall be available for 
        grants under section 1404A.
          (ii) Amounts available under this subparagraph for 
        any fiscal year shall not exceed $20,000,000.
          (3)(A) Of the sums remaining in the Fund in any 
        particular fiscal year after compliance with paragraph 
        (2), such sums as may be necessary shall be available 
        only for--
                  (i) the United States Attorneys Offices and 
                the Federal Bureau of Investigation to provide 
                and improve services for the benefit of crime 
                victims in the Federal criminal justice system 
                (as described in section 3771 or section 3772, 
                as it relates to direct services, of title 18, 
                United States Code, and section 503 of the 
                Victims' Rights and Restitution Act of 1990 (42 
                U.S.C. 10607)) through victim coordinators, 
                victims' specialists, and advocates, including 
                for the administrative support of victim 
                coordinators and advocates providing such 
                services; and
                  (ii) a Victim Notification System.
          (B) Amounts made available under subparagraph (A) may 
        not be used for any purpose that is not specified in 
        clause (i) or (ii) of subparagraph (A).
          (4) Of the remaining amount to be distributed from 
        the Fund in a particular fiscal year--
                  (A) 47.5 percent shall be available for 
                grants under section 1403;
                  (B) 47.5 percent shall be available for 
                grants under section 1404(a); and
                  (C) 5 percent shall be available for grants 
                under section 1404(c).
          (5)(A) In addition to the amounts distributed under 
        paragraphs (2), (3), and (4), the Director may set 
        aside up to $50,000,000 from the amounts transferred to 
        the Fund in response to the airplane hijackings and 
        terrorist acts that occurred on September 11, 2001, as 
        an antiterrorism emergency reserve. The Director may 
        replenish any amounts obligated from such reserve in 
        subsequent fiscal years by setting aside up to 5 
        percent of the amounts remaining in the Fund in any 
        fiscal year after distributing amounts under paragraphs 
        (2), (3) and (4). Such reserve shall not exceed 
        $50,000,000.
          (B) The antiterrorism emergency reserve referred to 
        in subparagraph (A) may be used for supplemental grants 
        under section 1404B and to provide compensation to 
        victims of international terrorism under section 1404C.
          (C) Amounts in the antiterrorism emergency reserve 
        established pursuant to subparagraph (A) may be carried 
        over from fiscal year to fiscal year. Notwithstanding 
        subsection (c) and section 619 of the Departments of 
        Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 2001 (and any 
        similar limitation on Fund obligations in any future 
        Act, unless the same should expressly refer to this 
        section), any such amounts carried over shall not be 
        subject to any limitation on obligations from amounts 
        deposited to or available in the Fund.
  (e) Amounts Awarded and Unspent.--Any amount awarded as part 
of a grant under this chapter that remains unspent at the end 
of a fiscal year in which the grant is made may be expended for 
the purpose for which the grant is made at any time during the 
3 succeeding fiscal years, at the end of which period, any 
remaining unobligated sums shall be available for deposit into 
the emergency reserve fund referred to in subsection (d)(5) at 
the discretion of the Director. Any remaining unobligated sums 
shall be returned to the Fund.
  (f) As used in this section, the term ``offenses against the 
United States'' does not include--
          (1) a criminal violation of the Uniform Code of 
        Military Justice (10 U.S.C. 801 et seq.);
          (2) an offense against the laws of the District of 
        Columbia; and
          (3) an offense triable by an Indian tribal court or 
        Court of Indian Offenses.
  (g)(1) The Attorney General shall use 15 percent of the funds 
available under subsection (d)(2) to make grants for the 
purpose of assisting Native American Indian tribes in 
developing, establishing, and operating programs designed to 
improve--
          (A) the handling of child abuse cases, particularly 
        cases of child sexual abuse, in a manner which limits 
        additional trauma to the child victim; and
          (B) the investigation and prosecution of cases of 
        child abuse, particularly child sexual abuse.
  (2) The Attorney General may use 5 percent of the funds 
available under subsection (d)(2) (prior to distribution) for 
grants to Indian tribes to establish child victim assistance 
programs, as appropriate.
  (3) As used in this subsection, the term ``tribe'' has the 
meaning given that term in section 4(b) of the Indian Self-
Determination and Education Assistance Act.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                                  [all]