[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Reported in Senate (RS)]
Calendar No. 176
112th CONGRESS
1st Session
S. 1280
[Report No. 112-82]
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, Mr. Chambliss, Mr.
Coons, Mr. Franken, Mr. Brown of Massachusetts, Mrs. Feinstein, Ms.
Mikulski, Mr. Barrasso, Ms. Klobuchar, Mr. Blumenthal, Mr. Nelson of
Nebraska, Mr. Cardin, Mr. Rubio, Mr. Udall of Colorado, Mr. Whitehouse,
Mr. Menendez, Mr. Brown of Ohio, Mr. Casey, Mrs. Gillibrand, Mrs.
McCaskill, Mr. Merkley, Mr. Burr, Mr. Kirk, Mr. Lautenberg, Mr. Wyden,
and Mr. Bennet) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
September 21, 2011
Reported by Mr. Kerry, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Kate Puzey Peace Corps
Volunteer Protection Act of 2011''.</DELETED>
<DELETED>SEC. 2. PEACE CORPS VOLUNTEER PROTECTION.</DELETED>
<DELETED> The Peace Corps Act is amended by inserting after section
8 (22 U.S.C. 2507) the following new sections:</DELETED>
<DELETED>``sexual assault risk-reduction and response
training</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Contact Information.--The Director of the Peace
Corps shall provide each trainee, before each such trainee enrolls as a
volunteer, with--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Definitions.--In this section and sections 8B
through 8G:</DELETED>
<DELETED> ``(1) Assault.--</DELETED>
<DELETED> ``(A) In general.--The term `assault'
means an act that--</DELETED>
<DELETED> ``(i) creates an apprehension in
an individual of an imminent, harmful, or
offensive contact; or</DELETED>
<DELETED> ``(ii) is a harmful or offensive
touching.</DELETED>
<DELETED> ``(B) Inclusion.--The term `assault'
includes stalking and sexual assault.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Stalking.--The term `stalking' means
engaging in a course of conduct directed at a specific person
that would cause a reasonable person to--</DELETED>
<DELETED> ``(A) fear for his or her safety or the
safety of others; or</DELETED>
<DELETED> ``(B) suffer substantial emotional
distress.</DELETED>
<DELETED> ``(4) Inclusion of trainees.--The term
`volunteers' includes trainees.</DELETED>
<DELETED>``sexual assault protocol and guidelines</DELETED>
<DELETED> ``Sec. 8B. (a) In General.--The Director of the Peace
Corps shall develop and implement comprehensive sexual assault protocol
and guidelines that--</DELETED>
<DELETED> ``(1) conform to best practices in the sexual assault
field; and</DELETED>
<DELETED> ``(2) are applicable to all posts at which volunteers
serve.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Protection of such volunteer's
confidentiality.</DELETED>
<DELETED> ``(2) Provision of a victim's advocate to the
volunteer.</DELETED>
<DELETED> ``(3) Provision of a sexual assault forensic evidence kit
to the volunteer upon request.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Provision of counseling and psychiatric
medecine.</DELETED>
<DELETED> ``(6) Completion of a safety and treatment plan with the
volunteer.</DELETED>
<DELETED> ``(7) Evacuation of the volunteer, accompanied by a Peace
Corps staffer at the request of such volunteer.</DELETED>
<DELETED> ``(8) An explanation to the volunteer of available law
enforcement, prosecutorial options, and legal representation.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(e) Removal and Assessment and Evaluation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``victims advocates</DELETED>
<DELETED> ``Sec. 8C. (a) Victims Advocates.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``establishment of sexual assault advisory council</DELETED>
<DELETED> ``Sec. 8D. (a) Establishment.--There is established in
the Peace Corps a Sexual Assault Advisory Council (in this section
referred to as the `Council').</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.</DELETED>
<DELETED>``volunteer feedback and peace corps review</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) A trend analysis every three years of the
annual volunteer surveys, including actions taken in response
to such surveys.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``nondisclosure of confidential or private
information</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Nondisclosure.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in
paragraphs (2) and (3), the Director of the Peace Corps may
not--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) reveal such information without the
informed, purpose-limited, and reasonably time-limited
consent of the volunteer about whom such information is
sought.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) make reasonable attempts to provide
notice to the volunteer with respect to whom such
information is being released; and</DELETED>
<DELETED> ``(B) take such action as is necessary to
protect the privacy and safety of the
volunteer.</DELETED>
<DELETED> ``(3) Information sharing.--The Director of the
Peace Corps may share--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) nonpersonally identifying
information that would protect the safety of
volunteers;</DELETED>
<DELETED> ``(C) court-generated information and law-
enforcement generated information contained in secure,
governmental registries for protection order
enforcement purposes; and</DELETED>
<DELETED> ``(D) law enforcement- and prosecution-
generated information necessary for law enforcement and
prosecution purposes.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) A first and last name.</DELETED>
<DELETED> ``(2) A home or other physical address.</DELETED>
<DELETED> ``(3) Contact information (including a postal,
email, or Internet protocol address, or telephone or facsimile
number).</DELETED>
<DELETED> ``(4) A social security number.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``reporting requirements</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(1) sexual assault against volunteers;</DELETED>
<DELETED> ``(2) assault against volunteers; and</DELETED>
<DELETED> ``(3) the annual rate of early termination of volunteers,
including, to the maximum extent practicable, demographic data
associated with such early termination.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Access to Communications.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) A description of the monitoring and
evaluation activities conducted in the preceding
year.</DELETED>
<DELETED> ``(2) A forecast of the monitoring and evaluation
activities planned for the subsequent year.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Inclusion of Sexual Assault Risk-Reduction and
Response Training.--The Peace Corps Act is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in section 8(a) (22 U.S.C. 2507(a)), in the
first sentence, by inserting ``, including training under
section 8A,'' after ``training''.</DELETED>
<DELETED> (b) Certain Services.--Section 5(e) of the Peace Corps Act
(22 U.S.C. 2504(e)) is amended, in the first sentence--</DELETED>
<DELETED> (1) by inserting ``(including, if necessary, for
volunteers and trainees, services under section 8C)'' after
``health care''; and</DELETED>
<DELETED> (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''.</DELETED>
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 is based upon best practices in the sexual assault field
to respond to reports of sexual assault.
``(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) Content of Training.--Training under subsection (a) shall be
tailored to the country of service, and shall include cultural training
relating to gender relations, risk-reduction strategies, a safety plan
in the event of an assault, treatment available in such country
(including forensic rape exams, post-exposure prophylaxis (PEP) for HIV
exposure, screening for sexually transmitted diseases, and pregnancy
testing), and MedEvac procedures.
``(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.
``(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, trainee, volunteer, consultant,
contractor, or outside party that receives funds from the Peace
Corps; and
``(2) clear, written guidelines regarding whom to contact,
including the direct telephone number for the designated SAVSL
and the Office of Victims Advocacy and what steps to take in
the event of a sexual assault or other crime.
``(f) Definitions.--In this section and sections 8B through 8G:
``(1) 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.
``(2) Inclusion of trainees.--The term `volunteers'
includes trainees.
``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) protects the confidentiality of a volunteer who is a
victim of sexual assault until such time that he or she elects
to pursue unrestricted reporting of the assault;
``(3) mandates, for each Peace Corps country program, the
designation of a Sexual Assault Victim Support Liaison (SAVSL),
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 receive prompt access to
medical care;
``(4) requires SAVSLs to immediately contact the Office of
Victims Advocacy upon receiving a report of sexual assault;
``(5) is based upon best practices in the sexual assault
field; and
``(6) is applicable to all posts at which volunteers serve.
``(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.
``(c) Elements.--The sexual assault policy developed under
subsection (a) shall include, at a minimum, the following 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 SAVSL and victim's advocate to the
volunteer.
``(3) Provision of a sexual assault forensic evidence
examination to the volunteer in accordance with applicable law.
``(4) Provision of emergency health care to the volunteer.
``(5) Completion of a safety and treatment plan with the
volunteer.
``(6) Evacuation of the volunteer for medical treatment,
accompanied by a Peace Corps staffer at the request of such
volunteer.
``(7) An explanation to the volunteer of available law
enforcement and prosecutorial options, and legal
representation.
``(d) Training.--The President shall train all in-country staff
regarding the sexual assault policy 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 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.
``(2) Determination of site as unsafe.--Volunteers may
remain at a site during an assessment and evaluation under
paragraph (1). If the President determines that a site is
unsafe, the President shall, as expeditiously as practical,
remove all volunteers from the site.
``(f) Tracking and Recording.--The President shall establish a
global tracking and recording system to track and record incidents of
crimes against volunteers.
``(g) Stalking.--
``(1) In general.--The policies and procedures established
by this section shall also apply in instances when a volunteer
reports stalking.
``(2) Stalking.--In this subsection, 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.
``office of victims advocacy
``Sec. 8C. (a) Establishment of Office of Victims Advocacy.--
``(1) In general.--The President shall establish an Office
of Victims Advocacy in Peace Corps headquarters headed by a
full-time victims advocate who shall report directly to the
Director. The Office of Victims 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
victims advocates. The victims advocate referred to in
paragraph (1) may not have any other duties in the Peace Corps.
``(3) Exemption.--The victims advocate and any additional
victims advocates shall be exempt from the five year rule on
appointments and assignments under section 7(a)(5).
``(b) Responsibilities.--The Office of Victims 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 and ensure that volunteers who are victims of
crime receive services described in the sexual assault policy. The
Office of Victims 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.
``(c) Status Updates.--The Office of Victims Advocacy 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.--The Office of Victims Advocacy shall assist
volunteers who are victims of crime and whose service has terminated in
receiving any benefits to which they are entitled under section 8142 of
title 5, United States Code.
``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 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 is based upon best practices in the sexual assault field.
``(d) Reports.--Not later than one year after the date of the
enactment of this section, annually thereafter for four years, and
every three years 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) Federal Employees.--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.
``(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.--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.
``(b) 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.
``(c) Peace Corps Inspector General.--The Inspector General of the
Peace Corps 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 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 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. The evaluation shall include a case review of a
statistically significant number of cases.
``(3) 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 subsection
(a).
``nondisclosure of confidential or private information
``Sec. 8F. 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. The President shall train all volunteers and staff about
this process.
``reporting requirements
``Sec. 8G. (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; and
``(3) 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 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 VICTIMS ADVOCACY.
It is the sense of Congress that the Office of Victims Advocacy
established under section 8C of the Peace Corps Act, as added by
section 2, should maintain a staffing level sufficient to ensure the
provision of timely and comprehensive services to Peace Corps
volunteers.
SEC. 5. PERSONAL SERVICE CONTRACTS.
Section 10(a)(5) of the Peace Corps Act (22 U.S.C. 2509(a)(5)) is
amended by deleting ``any purpose'' and inserting ``the purposes of any
law administered by the Office of Personnel Management''.
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 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''.
Calendar No. 176
112th CONGRESS
1st Session
S. 1280
[Report No. 112-82]
_______________________________________________________________________
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.
_______________________________________________________________________
September 21, 2011
Reported with an amendment