Survivors' Bill of Rights Act of 2016

Summary: .   Survivors' Bill of Rights Act of 2016 (Sec. 3) This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) not be prevented from receiving a forensic medical examination and not be charged for an examination; (2) have a sexual assault evidence collection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of these rights and policies. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors.   The term &quot;sexual assault&quot; means any nonconsensual sexual act prohibited by federal, state, or tribal law, including when a victim lacks capacity to consent. Funds made available to the Crime Victims Fund under the Victims of Crime Act of 1984 must be used to carry out the requirements concerning these rights, subject to specified exceptions.   The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities.  (Sec. 4) DOJ must establish a working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. 

SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Survivors' Bill of Rights Act of 
2016''.
SEC. 2. 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 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. 3. 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. 4. 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.