[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Engrossed in Senate (ES)]
112th CONGRESS
1st Session
S. 1280
_______________________________________________________________________
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.
``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.
``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.--The President shall annually
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 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;
``(B) a report, not later than two years after the
date of the enactment of this section and every three
years thereafter, 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.
``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 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. PORTFOLIO REVIEWS.
(a) In General.--The Director of the Peace Corps 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:
(1) An evaluation of the country's commitment to the Peace
Corps program.
(2) An analysis of the safety and security of volunteers.
(3) An evaluation of the country's need for assistance.
(4) An analysis of country program costs.
(5) An evaluation of the effectiveness of management of
each post within a country.
(6) An evaluation of the country's congruence with the
Peace Corp's mission and strategic priorities.
(b) 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 Director of the
Peace Corps shall brief such committees on each portfolio review
required under subsection (a). 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.
SEC. 9. 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. 10. 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.
SEC. 11. SUNSET.
This Act and the amendments made by this Act shall cease to be
effective 7 years after the date of the enactment of this Act.
Passed the Senate September 26, 2011.
Attest:
Secretary.
112th CONGRESS
1st Session
S. 1280
_______________________________________________________________________
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.