[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1280
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 SENATE OF THE UNITED STATES
June 27, 2011
Mr. Isakson (for himself, Mrs. Boxer, Mr. Durbin, and Mr. Chambliss)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
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 the
trainee's country of service, the Director of the Peace Corps shall
provide the trainee with training tailored to the 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 aggrevated sexual abuse, sexual abuse, and
sexual conduct, 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 the volunteer.
``(3) Provision of a sexual assault forensic evidence kit to the
volunteer upon request.
``(4) Provision of emergency health care to the 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 medecine.
``(6) Completion of a safety and treatment plan with the volunteer.
``(7) Evacuation of the volunteer, accompanied by a Peace Corps
staffer at the request of such volunteer.
``(8) An explanation to the 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
the volunteer from the 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 the site until such time as the assessment
and evaluation is complete and the 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 the
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. The 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 the victims advocate. The
additional victims advocates shall have regional expertise and
may be posted abroad if the victims advocate determines that it
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(a)(5).
``(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 the 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 the 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 the
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 the
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 (2) and
(3), 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
the 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 the volunteer.
``(3) Information sharing.--The Director of the Peace Corps
may share--
``(A) nonpersonally identifying data 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 identifying 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 information described in paragraphs (1)
through (4), would serve to identify the 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 volunteers
and 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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