Survivors' Bill of Rights Act of 2016
PL 114-236 (H.R.5578), enacted 10/07/2016

130 STAT. 966 
PUBLIC LAW 114–236—OCT. 7, 2016 
Public Law 114–236 
114th Congress 
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 preserva-
tion of the kit or its probative contents. 
Notification. 
Deadline. 
Time period. 
18 USC 3772. 
18 USC 
3772 prec. 
18 USC 1 note. 
Survivors’ Bill of 
Rights Act of 
2016. 
Oct. 7, 2016 
[H.R. 5578] 
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130 STAT. 967 
PUBLIC LAW 114–236—OCT. 7, 2016 
‘‘(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 dissemi-
nate 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 pre-
vented 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 dis-
posal 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, 
42 USC 10603f. 
18 USC 
3001 prec. 
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130 STAT. 968 
PUBLIC LAW 114–236—OCT. 7, 2016 
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 gen-
eral of the State. 
‘‘(d) PROVISION TO PROMOTE COMPLIANCE.—The Attorney Gen-
eral may provide such technical assistance and guidance as nec-
essary 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 dem-
onstrated 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 coordina-
tion 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 med-
ical 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, physi-
cians, 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 agen-
cies, 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, 
Recommenda- 
tions. 
Recommenda- 
tions. 
Consultation. 
42 USC 
14043g–1. 
Establishment. 
Public 
information. 
Web posting. 
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130 STAT. 969 
PUBLIC LAW 114–236—OCT. 7, 2016 
LEGISLATIVE HISTORY—H.R. 5578: 
HOUSE REPORTS: No. 114–707, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Sept. 6, considered and passed House. 
Sept. 28, considered and passed Senate. 
United States attorneys, heads of State law enforcement agen-
cies, 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. 
Approved October 7, 2016. 
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