H. R. 5578 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To establish certain rights for sexual assault survivors, 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 ‘‘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. 

‘‘§ 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. 
H. R. 5578—2 

‘‘(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, 
H. R. 5578—3 

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, 
H. R. 5578—4 

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.