[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2337 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2337

 To amend the Peace Corps Act to require sexual assault risk-reduction 
 and response training, the development of sexual assault protocol and 
 guidelines, the establishment of victims advocates, the establishment 
     of a Sexual Assault Advisory Council, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2011

Mr. Poe of Texas (for himself, Mr. Berman, Ms. Ros-Lehtinen, Mr. Costa, 
 Mr. Farr, Ms. Tsongas, Mr. Rohrabacher, Mr. Connolly of Virginia, Mr. 
  Faleomavaega, Ms. Buerkle, Ms. Wilson of Florida, Mr. Doggett, Mr. 
   Capuano, and Ms. Speier) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Peace Corps Act to require sexual assault risk-reduction 
 and response training, the development of sexual assault protocol and 
 guidelines, the establishment of victims advocates, the establishment 
     of a Sexual Assault Advisory Council, 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 ``Kate Puzey Peace Corps Volunteer 
Protection Act of 2011''.

SEC. 2. PEACE CORPS VOLUNTEER PROTECTION.

    The Peace Corps Act is amended by inserting after section 8 (22 
U.S.C. 2507) the following new sections:

         ``sexual assault risk-reduction and response training

    ``Sec. 8A.  (a) In General.--As part of the training provided to 
all volunteers under section 8(a), the Director of the Peace Corps 
shall develop and implement comprehensive sexual assault risk-reduction 
and response training that conforms to best practices in the sexual 
assault field as appropriate for first responders and other staff.
    ``(b) Development and Consultation With Experts.--In developing the 
sexual assault risk-reduction and response training under subsection 
(a), the Director of the Peace Corps shall consult with and 
incorporate, as appropriate, the recommendations and views of experts 
in the sexual assault field.
    ``(c) Subsequent Training.--Once a trainee has arrived in such 
trainee's country of service, the Director of the Peace Corps shall 
provide such trainee with training tailored to such country, including 
cultural training relating to gender relations, risk-reduction 
strategies, a safety plan in the event of an assault, treatment 
available in such country (such as forensic rape exams, PEP for HIV 
exposure, STD screening, and pregnancy testing), MedEvac procedures, 
and information regarding the legal process for pressing charges 
against an attacker.
    ``(d) Historical Analysis.--The Director of the Peace Corps shall 
provide each applicant for enrollment with a historical analysis of 
crimes and risks against volunteers in the country in which the 
applicant has been invited to serve.
    ``(e) Contact Information.--The Director of the Peace Corps shall 
provide each trainee, before each such trainee enrolls as a volunteer, 
with--
            ``(1) the contact information of the Inspector General of 
        the Peace Corps for purposes of reporting violations of the 
        sexual assault protocol under section 8B or any other criminal 
        or administrative wrongdoing by volunteers, personnel 
        (including experts and consultants), or other individuals 
        (including contractors) who do business with the Peace Corps; 
        and
            ``(2) clear, written guidelines regarding whom to contact, 
        including the direct telephone number for a victim advocate and 
        what steps to take in the event of a sexual assault.
    ``(f) Definitions.--In this section and sections 8B through 8G:
            ``(1) Assault.--
                    ``(A) In general.--The term `assault' means an act 
                that--
                            ``(i) creates an apprehension in an 
                        individual of an imminent, harmful, or 
                        offensive contact; or
                            ``(ii) is a harmful or offensive touching.
                    ``(B) Inclusion.--The term `assault' includes 
                stalking and sexual assault.
            ``(2) Sexual assault.--The term `sexual assault' means any 
        conduct described in chapter 109A of title 18, United States 
        Code, relating to aggravated sexual abuse, sexual abuse, and 
        sexual contact, whether or not the conduct occurs in the 
        special maritime and territorial jurisdiction of the United 
        States, and includes both assaults committed by offenders who 
        are strangers to the victim and assaults committed by offenders 
        who are known or related by blood or marriage to the victim.
            ``(3) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer substantial emotional distress.
            ``(4) Inclusion of trainees.--The term `volunteers' 
        includes trainees.

                ``sexual assault protocol and guidelines

    ``Sec. 8B.  (a) In General.--The Director of the Peace Corps shall 
develop and implement comprehensive sexual assault protocol and 
guidelines that--
    ``(1) conform to best practices in the sexual assault field; and
    ``(2) are applicable to all posts at which volunteers serve.
    ``(b) Development and Consultation With Experts.--In developing the 
sexual assault policy under subsection (a), the Director of the Peace 
Corps shall consult with and incorporate, as appropriate, the 
recommendations and views of experts in the sexual assault field.
    ``(c) Elements.--The sexual assault protocol and guidelines 
developed under subsection (a) shall include, at a minimum, the 
following services with respect to a volunteer who has been a victim of 
sexual assault:
    ``(1) Protection of such volunteer's confidentiality.
    ``(2) Provision of a victim's advocate to such volunteer.
    ``(3) Provision of a sexual assault forensic evidence kit to such 
volunteer upon request.
    ``(4) Provision of emergency health care to such volunteer, 
including, to the greatest extent practicable, a choice of medical 
providers and a mechanism for such volunteer to evaluate such provider.
    ``(5) Provision of counseling and psychiatric medication.
    ``(6) Completion of a safety and treatment plan with such 
volunteer.
    ``(7) Evacuation of such volunteer, accompanied by a Peace Corps 
staffer at the request of such volunteer.
    ``(8) An explanation to such volunteer of available law 
enforcement, prosecutorial options, and legal representation.
    ``(d) Distribution and Training.--The Director of the Peace Corps 
shall distribute to and train all in-country staff regarding the sexual 
assault protocol and guidelines developed under subsection (a).
    ``(e) Removal and Assessment and Evaluation.--
    ``(1) In General.--If a volunteer feels at risk of imminent bodily 
harm and requests removal from the site in which such volunteer is 
serving, the Director of the Peace Corps shall, as expeditiously as 
practical after receiving such request, remove such volunteer from such 
site. If the Director of the Peace Corps receives such a request, the 
Director of the Peace Corps shall assess and evaluate the safety of 
such site and may not assign another volunteer to such site until such 
time as such assessment and evaluation is complete and such site has 
been determined to be safe.
    ``(2) Determination of Site as Unsafe.--Volunteers may remain at a 
site during an assessment and evaluation under paragraph (1). If the 
Director the Peace Corps determines that a site is unsafe, the Director 
of the Peace Corps shall, as expeditiously as practical, remove all 
volunteers from such site.
    ``(f) Sexual Assault Response Teams.--The Director of the Peace 
Corps shall establish sexual assault response teams, including Safety 
and Security Officers, medical staff, and a victim advocate, that can 
respond to reports of sexual assault against a volunteer.
    ``(g) Case Review.--The Director of the Peace Corps shall conduct 
case reviews of a statistically significant number of cases on a 
quarterly basis to determine if proper procedures were followed in 
accordance with the sexual assault protocols and guidelines developed 
under subsection (a) and including the elements specified in subsection 
(c).
    ``(h) Tracking and Recording.--The Director of the Peace Corps 
shall establish a global tracking and recording system to track and 
record incidents of assault against volunteers.
    ``(i) Prohibition on Combining Incidents.--The Director of the 
Peace Corps may not combine into one incident for purposes of tracking 
and recording under subsection (h) reports by different volunteers of 
assault against such volunteers even if such assaults were committed by 
one individual against such volunteers at any one time.
    ``(j) Alternative Systems.--The Director of the Peace Corps shall 
establish an alternative reporting system and hotline access system 
through which volunteers who are victims of assault can report and 
receive support on an anonymous basis. Such alternative systems shall 
be published in the Volunteer Handbook.

                          ``victims advocates

    ``Sec. 8C.  (a) Victims Advocates.--
    ``(1) In General.--The Director of the Peace Corps shall assign a 
certified victims advocate in Peace Corps headquarters who shall report 
directly to the Director. The Director of the Peace Corps shall assign 
not fewer than three additional certified victims advocates to assist 
such victims advocate. Such additional victims advocates shall have 
regional expertise and may be posted abroad if such victims advocate 
determines that such is necessary.
    ``(2) Prohibition.--Peace Corps Medical Officers, Safety and 
Security Officers, and program staff may not serve as victims 
advocates. The victims advocate and additional victims advocates may 
not have any other duties in the Peace Corps.
    ``(3) Exemption.--The victims advocate and additional victims 
advocates shall be exempt from the five year rule on appointments and 
assignments under section 7.
    ``(b) Responsibilities.--The victims advocate and additional 
victims advocates shall help develop and implement the sexual assault 
risk-reduction and response training described in section 8A and the 
sexual assault protocol and guidelines described in section 8B and 
ensure such training and such protocol and guidelines are being 
properly updated and followed. The victims advocate and additional 
victims advocates shall assist volunteers who are victims of assault by 
making such victims aware of the services specified in section 8B(c) 
available to them and facilitating their access to such services.
    ``(c) Status Updates.--The victims advocate and additional victims 
advocates shall provide to volunteers who are victims of assault 
regular updates on the status of their cases if such volunteers have 
opted to pursue prosecution.
    ``(d) Transition.--A victims advocate who is working with a 
volunteer who is a victim of assault and who relocates back to the 
United States shall assist such volunteer to receive the services 
specified in section 8B(c) required by such volunteer, including 
through the duration of the claim with the Department of Labor, even 
after such volunteer is medically separated.

           ``establishment of sexual assault advisory council

    ``Sec. 8D.  (a) Establishment.--There is established in the Peace 
Corps a Sexual Assault Advisory Council (in this section referred to as 
the `Council').
    ``(b) Membership.--The Council shall be composed of individuals 
selected by the Director of the Peace Corps who are returned volunteers 
(including volunteers who were victims of sexual assault and volunteers 
who were not victims of sexual assault) and governmental and 
nongovernmental experts and professionals in the sexual assault field.
    ``(c) Functions; Meetings.--The Council shall meet not less often 
than annually to review the sexual assault risk-reduction and response 
training developed under section 8A, sexual assault policy developed 
under section 8B, and the confidentiality policy developed under 
section 8F to ensure that such training and policies conform to best 
practices in the sexual assault field.
    ``(d) Reports.--The Council shall annually submit to the Director 
of the Peace Corps and the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Representatives and 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate a report on its findings based on the reviews conducted 
pursuant to subsection (c).
    ``(e) Federal Employees.--Members of the Council shall not be 
considered Federal employees for any purpose and shall not receive 
compensation other than reimbursement of travel expenses and per diem 
allowance.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council.

              ``volunteer feedback and peace corps review

    ``Sec. 8E.  (a) Monitoring and Evaluation.--Not later than one year 
after the date of the enactment of this section, the Director of the 
Peace Corps shall establish goals, metrics, and monitoring and 
evaluation plans for all Peace Corps programs and Country Directors. 
Monitoring and evaluation plans shall incorporate best practices from 
monitoring and evaluation studies and analyses.
    ``(b) Annual Volunteer Surveys.--The Director of the Peace Corps 
shall annually conduct a confidential survey of volunteers regarding 
the effectiveness of Peace Corps programs and staff and the safety of 
volunteers.
    ``(c) Peace Corps Inspector General.--The Inspector General of the 
Peace Corps shall submit to the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Representatives and 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate the following:
            ``(1) A biennial report on reports received from volunteers 
        relating to misconduct, mismanagement, or policy violations of 
        Peace Corps staff, any breaches of the confidentiality of 
        volunteers, and any actions taken to assure the safety of 
        volunteers who provide such reports.
            ``(2) A report, not later than two years after the date of 
        the enactment of this section and every five years thereafter, 
        evaluating the effectiveness and implementation of the assault 
        risk-reduction and response training developed under section 8A 
        and the sexual assault protocol and guidelines developed under 
        section 8B.
            ``(3) A trend analysis every three years of the annual 
        volunteer surveys, including actions taken in response to such 
        surveys.
            ``(4) A report, not later than two years after the date of 
        the enactment of this section, describing how Country Directors 
        are hired, how Country Directors are terminated, and how 
        Country Directors hire staff.
    ``(d) Evaluation Defined.--For purposes of this section, the term 
`evaluation' means the systematic collection and analysis of 
information about the characteristics and outcomes of programs and 
projects as a basis for judgments, to improve effectiveness, or inform 
decisions about current and future programming.

         ``nondisclosure of confidential or private information

    ``Sec. 8F.  (a) In General.--The Director of the Peace Corps shall 
establish and maintain a process to allow volunteers to report 
incidents of assault, incidents of misconduct or mismanagement, or 
violations of any policy, of the Peace Corps in order to protect the 
confidentiality in accordance with subsection (c) and safety of such 
volunteers and of the information reported, and to ensure that such 
information is acted on appropriately. The Director of the Peace Corps 
shall train all volunteers and staff about this process.
    ``(b) Guidance.--The Director of the Peace Corps shall provide 
guidance to officers and employees of the Peace Corps who have access 
to the information reported by volunteers under subsection (a) in order 
to protect against the inappropriate disclosure of such information and 
ensure the safety of such volunteers.
    ``(c) Nondisclosure.--
            ``(1) In general.--Except as provided in paragraphs (1) and 
        (2), the Director of the Peace Corps may not--
                    ``(A) disclose any personally identifying 
                information or personal information of a volunteer who 
                is a victim of assault collected in connection with 
                services requested, utilized, or denied through Peace 
                Corps programs; or
                    ``(B) reveal such information without the informed, 
                purpose-limited, and reasonably time-limited consent of 
                such volunteer about whom such information is sought.
            ``(2) Release.--If the release of information described in 
        paragraph (1) is authorized by statute or compelled by court 
        order, the Director of the Peace Corps shall--
                    ``(A) make reasonable attempts to provide notice to 
                the volunteer with respect to whom such information is 
                being released; and
                    ``(B) take such action as is necessary to protect 
                the privacy and safety of such volunteer.
            ``(3) Information sharing.--The Director of the Peace Corps 
        may share--
                    ``(A) nonpersonally identifying information in the 
                aggregate regarding services to volunteers and 
                nonpersonally identifying demographic information in 
                order to comply with reporting, evaluation, or data 
                collection requirements;
                    ``(B) nonpersonally indentifying information that 
                would protect the safety of volunteers;
                    ``(C) court-generated information and law-
                enforcement generated information contained in secure, 
                governmental registries for protection order 
                enforcement purposes; and
                    ``(D) law enforcement- and prosecution-generated 
                information necessary for law enforcement and 
                prosecution purposes.
    ``(d) Definition.--In this section, the terms `personally 
identifying information' and `personal information' mean information 
for or about a volunteer who is a victim of assault, including 
information likely to disclose the location of such victim, including 
the following:
            ``(1) A first and last name.
            ``(2) A home or other physical address.
            ``(3) Contact information (including a postal, email, or 
        Internet protocol address, or telephone or facsimile number).
            ``(4) A social security number.
            ``(5) Any other information, including date of birth, 
        racial or ethnic background, or religious affiliation, that, in 
        combination with paragraphs (1) through (4), would serve to 
        identify such victim.

                        ``reporting requirements

    ``Sec. 8G.  (a) In General.--The Director of the Peace Corps shall 
annually submit to the Committee on Foreign Affairs and the Committee 
on Appropriations of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate a 
report summarizing information on--
    ``(1) sexual assault against volunteers;
    ``(2) assault against volunteers; and
    ``(3) the annual rate of early termination of volunteers, 
including, to the maximum extent practicable, demographic data 
associated with such early termination.
    ``(b) GAO.--Not later than one year after the date of the enactment 
of this section, the Comptroller General of the United States shall 
submit to the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate a 
report evaluating the quality and accessibility of health care provided 
through the Department of Labor to returned volunteers upon their 
separation from the Peace Corps.
    ``(c) Access to Communications.--
    ``(1) In General.--The Director of the Peace Corps, in coordination 
with all Country Directors, shall determine the level of access to 
communication, including cellular and Internet access, of each 
volunteer.
    ``(2) Report.--Not later than six months after the date of the 
enactment of this section, the Director of the Peace Corps shall submit 
to the Committee on Foreign Affairs and the Committee on Appropriations 
of the House of Representatives and the Committee on Foreign Relations 
and the Committee on Appropriations of the Senate a report on the costs 
of providing all volunteers with access to adequate communication, 
including cellular service and Internet access.
    ``(d) Report on Monitoring and Evaluation.--Not later than one year 
after the date of the enactment of this section and annually 
thereafter, the Director of the Peace Corps shall submit to the 
Committee on Foreign Affairs and the Committee on Appropriations of the 
House of Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate a report on the monitoring 
and evaluation of Peace Corps programs and Country Directors, including 
information on the following:
    ``(1) A description of the monitoring and evaluation activities 
conducted in the preceding year.
    ``(2) A forecast of the monitoring and evaluation activities 
planned for the subsequent year.
    ``(3) A description of the ways in which the results of the 
monitoring and evaluation activities have informed the design and 
operation of development policies and programs during the preceding 
year.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Inclusion of Sexual Assault Risk-Reduction and Response 
Training.--The Peace Corps Act is amended--
            (1) in section 5(a) (22 U.S.C. 2504(a)), in the second 
        sentence, by inserting ``(including training under section 
        8A)'' after ``training''; and
            (2) in section 8(a) (22 U.S.C. 2507(a)), in the first 
        sentence, by inserting ``, including training under section 
        8A,'' after ``training''.
    (b) Certain Services.--Section 5(e) of the Peace Corps Act (22 
U.S.C. 2504(e)) is amended, in the first sentence--
            (1) by inserting ``(including, if necessary, for such 
        volunteers and for trainees, services under section 8C)'' after 
        ``health care''; and
            (2) by inserting ``including services provided in 
        accordance with section 8C (except that the six-month 
        limitation shall not apply in the case of such services)'' 
        before ``as the President''.
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