IIB 
114TH CONGRESS 
2D SESSION 
H. R. 5578 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 7, 2016 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To establish certain rights for sexual assault survivors, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 fol-
lowing: 
‘‘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 examina-
tion. 
‘‘(2) The right to— 
‘‘(A) subject to paragraph (3), have a sex-
ual assault evidence collection kit or its pro-
bative 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 
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profile match, toxicology report, or other infor-
mation collected as part of a medical forensic 
examination, if such disclosure would not im-
pede or compromise an ongoing investigation; 
and 
‘‘(C) be informed in writing of policies gov-
erning the collection and preservation of a sex-
ual 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 fur-
ther preservation of the kit or its probative con-
tents. 
‘‘(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 sec-
tion, the term ‘sexual assault’ means any nonconsensual 
sexual act proscribed by Federal, tribal, or State law, in-
cluding when the victim lacks capacity to consent. 
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‘‘(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 fol-
lowing: 
‘‘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 
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(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 infor-
mation, with written notice of applicable rights and poli-
cies regarding— 
‘‘(1) the right not to be charged fees for or oth-
erwise prevented from pursuing a sexual assault evi-
dence collection kit; 
‘‘(2) the right to have a sexual assault medical 
forensic examination regardless of whether the sur-
vivor reports to or cooperates with law enforcement; 
‘‘(3) the availability of a sexual assault advo-
cate; 
‘‘(4) the availability of protective orders and 
policies related to their enforcement; 
‘‘(5) policies regarding the storage, preserva-
tion, and disposal of sexual assault evidence collec-
tion kits; 
‘‘(6) the process, if any, to request preservation 
of sexual assault evidence collection kits or the pro-
bative evidence from such kits; and 
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‘‘(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 sub-
section (b) to medical centers, hospitals, forensic ex-
aminers, sexual assault service providers, State and 
local law enforcement agencies, and any other State 
agency or department reasonably likely to serve sex-
ual assault survivors; and 
‘‘(2) make the written notice described in sub-
section (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 re-
quirements of this section. 
‘‘(e) INTEGRATION OF SYSTEMS.—Any system devel-
oped and implemented under this section may be inte-
grated with an existing case management system operated 
by the recipient of the grant if the system meets the re-
quirements listed in this section.’’. 
SEC. 4. WORKING GROUP. 
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary of Health and Human Serv-
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ices (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 dis-
seminate 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, prosecu-
tion, forensic laboratory, counseling, forensic exam-
iner, medical facility, and medical provider commu-
nities; and 
(2) representatives of not less than 3 entities 
with demonstrated expertise in sexual assault pre-
vention, 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 con-
sultation with the Secretary. 
(d) DUTIES.—The Working Group shall— 
(1) develop recommendations for improving the 
coordination of the dissemination and implementa-
tion of best practices and protocols regarding the 
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care and treatment of sexual assault survivors and 
the preservation of evidence to hospital administra-
tors, physicians, forensic examiners, and other med-
ical associations and leaders in the medical commu-
nity; 
(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 exam-
iners, and other medical associations and leaders in 
the medical community; 
(3) develop recommendations to promote the co-
ordination of the dissemination and implementation 
of best practices regarding the care and treatment of 
sexual assault survivors and the preservation of evi-
dence to State attorneys general, United States at-
torneys, heads of State law enforcement agencies, fo-
rensic laboratory directors and managers, and other 
leaders in the law enforcement community; 
(4) develop and implement, where practicable, 
incentives to encourage the adoption or implementa-
tion of best practices regarding the care and treat-
ment of sexual assault survivors and the preserva-
tion of evidence among State attorneys general, 
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United States attorneys, heads of State law enforce-
ment agencies, forensic laboratory directors and 
managers, and other leaders in the law enforcement 
community; 
(5) collect feedback from stakeholders, practi-
tioners, 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 clin-
ical guidelines regarding the care and treatment of 
sexual assault survivors; and 
(6) perform other activities, such as activities 
relating to development, dissemination, outreach, en-
gagement, or training associated with advancing vic-
tim-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. 
Passed the House of Representatives September 6, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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