[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Enrolled Bill (ENR)]
S.1280
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To amend the Peace Corps Act to require sexual assault risk-reduction
and response training, the development of a sexual assault policy, the
establishment of an Office of Victim Advocacy, 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 President shall develop and
implement comprehensive sexual assault risk-reduction and response
training that, to the extent practicable, conforms to best practices in
the sexual assault field.
``(b) Development and Consultation With Experts.--In developing the
sexual assault risk-reduction and response training under subsection
(a), the President shall consult with and incorporate, as appropriate,
the recommendations and views of experts in the sexual assault field.
``(c) Subsequent Training.--Once a volunteer has arrived in his or
her country of service, the President shall provide the volunteer with
training tailored to the country of service that includes cultural
training relating to gender relations, risk-reduction strategies,
treatment available in such country (including sexual assault forensic
exams, post-exposure prophylaxis (PEP) for HIV exposure, screening for
sexually transmitted diseases, and pregnancy testing), MedEvac
procedures, and information regarding a victim's right to pursue legal
action against a perpetrator.
``(d) Information Regarding Crimes and Risks.--Each applicant for
enrollment as a volunteer shall be provided with information regarding
crimes against and risks to volunteers in the country in which the
applicant has been invited to serve, including an overview of past
crimes against volunteers in the country.
``(e) Contact Information.--The President shall provide each
applicant, before the applicant enrolls as a volunteer, with--
``(1) the contact information of the Inspector General of the
Peace Corps for purposes of reporting sexual assault mismanagement
or any other mismanagement, misconduct, wrongdoing, or violations
of law or policy whenever it involves a Peace Corps employee,
volunteer, contractor, or outside party that receives funds from
the Peace Corps;
``(2) clear, written guidelines regarding whom to contact,
including the direct telephone number for the designated Sexual
Assault Response Liaison (SARL) and the Office of Victim Advocacy
and what steps to take in the event of a sexual assault or other
crime; and
``(3) contact information for a 24-hour sexual assault hotline
to be established for the purpose of providing volunteers a
mechanism to anonymously--
``(A) report sexual assault;
``(B) receive crisis counseling in the event of a sexual
assault; and
``(C) seek information about Peace Corps sexual assault
reporting and response procedures.
``(f) Definitions.--In this section and sections 8B through 8G:
``(1) Personally identifying information.--The term `personally
identifying information' means individually identifying information
for or about a volunteer who is a victim of sexual assault,
including information likely to disclose the location of such
victim, including the following:
``(A) A first and last name.
``(B) A home or other physical address.
``(C) Contact information (including a postal, email, or
Internet protocol address, or telephone or facsimile number).
``(D) A social security number.
``(E) Any other information, including date of birth,
racial or ethnic background, or religious affiliation, that, in
combination with information described in subparagraphs (A)
through (D), would serve to identify the victim.
``(2) Restricted reporting.--
``(A) In general.--The term `restricted reporting' means a
system of reporting that allows a volunteer who is sexually
assaulted to confidentially disclose the details of his or her
assault to specified individuals and receive the services
outlined in section 8B(c) without the dissemination of his or
her personally identifying information except as necessary for
the provision of such services, and without automatically
triggering an official investigative process.
``(B) Exceptions.--In cases in which volunteers elect
restricted reporting, disclosure of their personally
identifying information is authorized to the following persons
or organizations when disclosure would be for the following
reasons:
``(i) Peace Corps staff or law enforcement when
authorized by the victim in writing.
``(ii) Peace Corps staff or law enforcement to prevent
or lessen a serious or imminent threat to the health or
safety of the victim or another person.
``(iii) SARLs, victim advocates or healthcare providers
when required for the provision of victim services.
``(iv) State and Federal courts when ordered, or if
disclosure is required by Federal or State statute.
``(C) Notice of disclosure and privacy protection.--In
cases in which information is disclosed pursuant to
subparagraph (B), the President shall--
``(i) make reasonable attempts to provide notice to the
volunteer with respect to whom such information is being
released; and
``(ii) take such action as is necessary to protect the
privacy and safety of the volunteer.
``(3) Sexual assault.--The term `sexual assault' means any
conduct prescribed by chapter 109A of title 18, United States Code,
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.
``(4) 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.
``sexual assault policy
``Sec. 8B. (a) In General.--The President shall develop and
implement a comprehensive sexual assault policy that--
``(1) includes a system for restricted and unrestricted
reporting of sexual assault;
``(2) mandates, for each Peace Corps country program, the
designation of a Sexual Assault Response Liaison (SARL), who shall
receive comprehensive training on procedures to respond to reports
of sexual assault, with duties including ensuring that volunteers
who are victims of sexual assault are moved to a safe environment
and accompanying victims through the in-country response at the
request of the victim;
``(3) requires SARLs to immediately contact a Victim Advocate
upon receiving a report of sexual assault in accordance with the
restricted and unrestricted reporting guidelines promulgated by the
Peace Corps;
``(4) to the extent practicable, conforms to best practices in
the sexual assault field;
``(5) is applicable to all posts at which volunteers serve; and
``(6) includes a guarantee that volunteers will not suffer loss
of living allowances for reporting a sexual assault.
``(b) Development and Consultation With Experts.--In developing the
sexual assault policy under subsection (a), the President shall consult
with and incorporate, as appropriate, the recommendations and views of
experts in the sexual assault field, including experts with
international experience.
``(c) Elements.--The sexual assault policy 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) The option of pursuing either restricted or unrestricted
reporting of an assault.
``(2) Provision of a SARL and Victim's Advocate to the
volunteer.
``(3) At a volunteer's discretion, provision of a sexual
assault forensic exam in accordance with applicable host country
law.
``(4) If necessary, the provision of emergency health care,
including a mechanism for such volunteer to evaluate such provider.
``(5) If necessary, the provision of counseling and psychiatric
medication.
``(6) Completion of a safety and treatment plan with the
volunteer, if necessary.
``(7) Evacuation of such volunteer for medical treatment,
accompanied by a Peace Corps staffer at the request of such
volunteer. When evacuated to the United States, such volunteer
shall be provided, to the extent practicable, a choice of medical
providers including a mechanism for such volunteers to evaluate the
provider.
``(8) An explanation to the volunteer of available law
enforcement and prosecutorial options, and legal representation.
``(d) Training.--The President shall train all staff outside the
United States regarding the sexual assault policy developed under
subsection (a).
``office of victim advocacy
``Sec. 8C. (a) Establishment of Office of Victims Advocacy.--
``(1) In general.--The President shall establish an Office of
Victim Advocacy in Peace Corps headquarters headed by a full-time
victim advocate who shall report directly to the Director. The
Office of Victim Advocacy may deploy personnel abroad when
necessary to help assist victims.
``(2) Prohibition.--Peace Corps Medical Officers, Safety and
Security Officers, and program staff may not serve as victim
advocates. The victim advocate referred to in paragraph (1) may not
have any other duties in the Peace Corps that are not reasonably
connected to victim advocacy.
``(3) Exemption.--The victim advocate and any additional victim
advocates shall be exempt from the limitations specified in
subparagraphs (A) and (B) of paragraph (2) and paragraph (5) under
section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)).
``(b) Responsibilities.--
``(1) Victims of sexual assault.--The Office of Victim Advocacy
shall help develop and update the sexual assault risk-reduction and
response training described in section 8A and the sexual assault
policy described in section 8B, ensure that volunteers who are
victims of sexual assault receive services specified in section
8B(c), and facilitate their access to such services.
``(2) Other crimes.--In addition to assisting victims of sexual
assault in accordance with paragraph (1), the Office of Victim
Advocacy shall assist volunteers who are victims of crime by making
such victims aware of the services available to them and
facilitating their access to such services.
``(3) Priority.--The Office of Victim Advocacy shall give
priority to cases involving serious crimes, including sexual
assault and stalking.
``(c) Status Updates.--The Office of Victim Advocacy shall provide
to volunteers who are victims regular updates on the status of their
cases if such volunteers have opted to pursue prosecution.
``(d) Transition.--The Office of Victim Advocacy shall assist
volunteers who are victims of crime and whose service has terminated in
receiving the services specified in section 8B(c) requested by such
volunteer.
``(e) Sunset.--This section shall cease to be effective on October
1, 2018.
``establishment of sexual assault advisory council
``Sec. 8D. (a) Establishment.--There is established a Sexual
Assault Advisory Council (in this section referred to as the
`Council').
``(b) Membership.--The Council shall be composed of not less than 8
individuals selected by the President, not later than 180 days after
the date of the enactment of this section, 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.
No Peace Corps employee shall be a member of the Council. The number of
governmental experts appointed to the Council shall not exceed the
number of nongovernmental experts.
``(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, the sexual assault policy
developed under section 8B, and such other matters related to sexual
assault the Council views as appropriate, to ensure that such training
and policy conform to the extent practicable to best practices in the
sexual assault field.
``(d) Reports.--On an annual basis for 5 years after the date of
the enactment of this section and at the discretion of the Council
thereafter, the Council shall submit to the President and the Committee
on Foreign Relations and the Committee on Appropriations of the Senate
and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives a report on its findings
based on the reviews conducted pursuant to subsection (c).
``(e) Employee Status.--Members of the Council shall not be
considered employees of the United States Government for any purpose
and shall not receive compensation other than reimbursement of travel
expenses and per diem allowance in accordance with section 5703 of
title 5, United States Code.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
``(g) Sunset.--This section shall cease to be effective on October
1, 2018.
``volunteer feedback and peace corps review
``Sec. 8E. (a) Monitoring and Evaluation.--Not later than 1 year
after the date of the enactment of this section, the President shall
establish goals, metrics, and monitoring and evaluation plans for all
Peace Corps programs. Monitoring and evaluation plans shall incorporate
best practices from monitoring and evaluation studies and analyses.
``(b) Performance Plans and Elements.--The President shall
establish performance plans with performance elements and standards for
Peace Corps representatives and shall review the performance of Peace
Corps representatives not less than annually to determine whether they
have met these performance elements and standards. Nothing in this
subsection shall be construed as limiting the discretion of the
President to remove a Peace Corps representative.
``(c) Annual Volunteer Surveys.--Annually through September 30,
2018, the President shall conduct a confidential survey of volunteers
regarding the effectiveness of Peace Corps programs and staff and the
safety of volunteers. The results shall be provided in aggregate form
without identifying information to the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives. Results from the annual volunteer survey shall be
considered in reviewing the performance of Peace Corps representatives
under subsection (a).
``(d) Peace Corps Inspector General.--The Inspector General of the
Peace Corps shall--
``(1) submit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives--
``(A) a report, not later than one year after the date of
the enactment of this section, and biennially through September
30, 2018, 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;
``(B) a report, not later than two years and five years
after the date of the enactment of this section, evaluating the
effectiveness and implementation of the sexual assault risk-
reduction and response training developed under section 8A and
the sexual assault policy developed under section 8B, including
a case review of a statistically significant number of cases;
and
``(C) a report, not later than two years after the date of
the enactment of this section, describing how Peace Corps
representatives are hired, how Peace Corps representatives are
terminated, and how Peace Corps representatives hire staff,
including an assessment of the implementation of the
performance plans described in subsection (b); and
``(2) when conducting audits or evaluations of Peace Corps
programs overseas, notify the Director of the Peace Corps about the
results of such evaluations, including concerns the Inspector
General has noted, if any, about the performance of Peace Corps
representatives, for appropriate action.
``(e) Portfolio Reviews.--
``(1) In general.--The President shall, at least once every 3
years, perform a review to evaluate the allocation and delivery of
resources across the countries the Peace Corps serves or is
considering for service. Such portfolio reviews shall at a minimum
include the following with respect to each such country:
``(A) An evaluation of the country's commitment to the
Peace Corps program.
``(B) An analysis of the safety and security of volunteers.
``(C) An evaluation of the country's need for assistance.
``(D) An analysis of country program costs.
``(E) An evaluation of the effectiveness of management of
each post within a country.
``(F) An evaluation of the country's congruence with the
Peace Corp's mission and strategic priorities.
``(2) Briefing.--Upon request of the Chairman and Ranking
Member of the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives, the
President shall brief such committees on each portfolio review
required under paragraph (1). If requested, each such briefing
shall discuss performance measures and sources of data used (such
as project status reports, volunteer surveys, impact studies,
reports of Inspector General of the Peace Corps, and any relevant
external sources) in making the findings and conclusions in such
review.
``establishment of a policy on stalking
``Sec. 8F. (a) In General.--The President shall develop and
implement a comprehensive policy on stalking that--
``(1) requires an immediate, effective, and thorough response
from the Peace Corps upon receipt of a report of stalking;
``(2) provides, during training, all Peace Corps volunteers
with a point of contact for the reporting of stalking; and
``(3) protects the confidentiality of volunteers who report
stalking to the maximum extent practicable.
``(b) Development and Consultation With Experts.--In developing the
stalking policy under subsection (a), the President shall consult with
and incorporate, as appropriate, the recommendations and views of those
with expertise regarding the crime of stalking.
``(c) Training of In-country Staff.--The President shall provide
for the training of all in-country staff regarding the stalking policy
developed under subsection (a).
``establishment of a confidentiality protection policy
``Sec. 8G. (a) In General.--The President shall establish and
maintain a process to allow volunteers to report incidents of
misconduct or mismanagement, or violations of any policy, of the Peace
Corps in order to protect the confidentiality and safety of such
volunteers and of the information reported, and to ensure that such
information is acted on appropriately. This process shall conform to
existing best practices regarding confidentiality.
``(b) Guidance.--The President shall provide additional training to
officers and employees of the Peace Corps who have access to
information reported by volunteers under subsection (a) in order to
protect against the inappropriate disclosures of such information and
ensure the safety of such volunteers.
``(c) Penalty.--Any Peace Corps volunteer or staff member who is
responsible for maintaining confidentiality under subsection (a) and
who breaches such duty shall be subject to disciplinary action,
including termination, and in the case of a staff member, ineligibility
for re-employment with the Peace Corps.
``removal and assessment and evaluation
``Sec. 8H. (a) In General.--If a volunteer requests removal from
the site in which such volunteer is serving because the volunteer feels
at risk of imminent bodily harm, the President shall, as expeditiously
as practical after receiving such request, remove the volunteer from
the site. If the President receives such a request, the President shall
assess and evaluate the safety of such site and may not assign another
volunteer to the site until such time as the assessment and evaluation
is complete and the site has been determined to be safe. Volunteers may
remain at a site during the assessment and evaluation.
``(b) Determination of Site as Unsafe.--If the President determines
that a site is unsafe for any remaining volunteers at the site, the
President shall, as expeditiously as practical, remove all volunteers
from the site.
``(c) Tracking and Recording.--The President shall establish a
global tracking and recording system to track and record incidents of
crimes against volunteers.
``reporting requirements
``Sec. 8I. (a) In General.--The President shall annually through
September 30, 2018, submit to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives a report summarizing information on--
``(1) sexual assault of volunteers;
``(2) other crimes against volunteers;
``(3) the number of arrests, prosecutions, and incarcerations for
crimes involving Peace Corps volunteers for every country in which
volunteers serve; and
``(4) the annual rate of early termination of volunteers, including
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 Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Representatives 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 President 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 President shall submit to the
Committee on Foreign Relations and the Committee on Appropriations
of the Senate and the Committee on Foreign Affairs and the
Committee on Appropriations of the House of Representatives a
report on the costs, feasibility, and benefits of providing all
volunteers with access to adequate communication, including
cellular service and Internet access.''.
SEC. 3. RETENTION OF COUNSEL FOR CRIME VICTIMS.
Section 5(l) of the Peace Corps Act (22 U.S.C. 2504(l)) is amended
by inserting before the period at the end the following: ``and counsel
may be employed and counsel fees, court costs and other expenses may be
paid in the support of volunteers who are parties, complaining
witnesses, or otherwise participating in the prosecution of crimes
committed against such volunteers''.
SEC. 4. SENSE OF CONGRESS ON STAFFING OF OFFICE OF VICTIM ADVOCACY.
It is the sense of Congress that--
(1) the Office of Victim Advocacy established under section 8C
of the Peace Corps Act, as added by section 2, should provide an
adequate number of victim advocates so that each victim of crime
receives critical information and support;
(2) any full-time victim advocates and any additional victim
advocates should be credentialed by a national victims assistance
body; and
(3) the training required under section 8A(a) of the Peace
Corps Act, as added by section 2, should be credentialed by a
national victims assistance body.
SEC. 5. PERSONAL SERVICE CONTRACTS.
The Peace Corps Act is amended--
(1) in section 7(a)(3) (22 U.S.C. 2506(a)(3)), by inserting ``,
or contracted with for personal services under section 10(a)(5),''
after ``employed, appointed, or assigned under this subsection'';
and
(2) in section 10(a)(5) (22 U.S.C. 2509(a)(5)), by striking
``any purpose'' and inserting ``the purposes of any law
administered by the Office of Personnel Management (except that the
President may determine the applicability to such individuals of
provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.))''.
SEC. 6. INDEPENDENCE OF THE INSPECTOR GENERAL OF THE PEACE CORPS.
Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is amended
by adding at the end the following new paragraph:
``(7) The limitations specified in subparagraphs (A) and (B) of
paragraph (2) and in paragraph (5) shall not apply to--
``(A) the Inspector General of the Peace Corps; and
``(B) officers and employees of the Office of the Inspector
General of the Peace Corps.''.
SEC. 7. CONFORMING SAFETY AND SECURITY AGREEMENT REGARDING PEACE CORPS
VOLUNTEERS SERVING IN FOREIGN COUNTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Peace Corps shall consult
with the Assistant Secretary of State for Diplomatic Security and enter
into a memorandum of understanding that specifies the duties and
obligations of the Peace Corps and the Bureau of Diplomatic Security of
the Department of State with respect to the protection of Peace Corps
volunteers and staff members serving in foreign countries, including
with respect to investigations of safety and security incidents and
crimes committed against volunteers and staff members.
(b) Inspector General Review.--
(1) Review.--The Inspector General of the Peace Corps shall
review the memorandum of understanding described in subsection (a)
and be afforded the opportunity to recommend changes that advance
the safety and security of Peace Corps volunteers before entry into
force of the memorandum of understanding.
(2) Report.--The Director of the Peace Corps shall consider the
recommendations of the Inspector General of the Peace Corps
regarding the memorandum of understanding described in subsection
(a). If the Director enters into the memorandum of understanding
without implementing a recommendation of the Inspector General, the
Director shall submit to the Inspector General a written
explanation relating thereto.
(c) Failure to Meet Deadline.--
(1) Requirement to submit report.--If, by the date that is 180
days after the date of the enactment of this Act, the Director of
the Peace Corps is unable to obtain agreement with the Assistant
Secretary of State for Diplomatic Security and certification by the
Inspector General of the Peace Corps, the Director shall submit to
the committees of Congress specified in paragraph (2) a report
explaining the reasons for such failure and a certification that
substantial steps are being taken to make progress toward
agreement.
(2) Committees of congress specified.--The committees of
Congress specified in this paragraph are the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 8. 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 volunteers and
trainees, services under section 8B)'' after ``health care''; and
(2) by inserting ``including services provided in accordance
with section 8B (except that the six-month limitation shall not
apply in the case of such services),'' before ``as the President''.
SEC. 9. OFFSET OF COSTS AND PERSONNEL.
Notwithstanding any other provision of law, the Direct of the Peace
Corps shall--
(1) eliminate such initiatives, positions, and programs within
the Peace Corps (other than within the Office of Inspector General)
as the Director deems necessary to ensure any and all costs
incurred to carry out the provisions of this Act, and the
amendments made by this Act, are entirely offset;
(2) ensure no net increase in personnel are added to carry out
the provisions of this Act, with any new full or part time
employees or equivalents offset by eliminating an equivalent number
of existing staff (other than within the Office of Inspector
General);
(3) report to Congress not later than 60 days after the date of
the enactment of this Act the actions taken to ensure compliance
with paragraphs (1) and (2), including the specific initiatives,
positions, and programs within the Peace Corps that have been
eliminated to ensure that the costs of carrying out this Act will
be offset; and
(4) not implement any other provision of this Act (other than
paragraphs (1), (2), and (3)) or any amendment made by this Act
until the Director has certified that the actions specified in
paragraphs (1), (2), and (3) have been completed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.