H. Rept. 114-707 - SURVIVORS' BILL OF RIGHTS ACT OF 2016114th Congress (2015-2016)
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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.
* * * * * * *
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