    [House Hearing, 112 Congress]
    [From the U.S. Government Publishing Office]

    TO ESTABLISH POLICIES AND PROCEDURES IN THE PEACE CORPS TO PROVIDE FOR
    THE SAFETY AND SECURITY OF VOLUNTEERS FROM RAPE AND SEXUAL ASSAULT, AND
    FOR OTHER PURPOSES; AND 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

    =======================================================================

                                     MARKUP

                                   BEFORE THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                       ON

                            H.R. 2699 and H.R. 2337

                                   __________

                               SEPTEMBER 21, 2011

                                   __________

                               Serial No. 112-91

                                   __________

            Printed for the use of the Committee on Foreign Affairs

     Available via the World Wide Web: http://www.foreignaffairs.house.gov/

                                   __________

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                          COMMITTEE ON FOREIGN AFFAIRS

                     ILEANA ROS-LEHTINEN, Florida, Chairman
    CHRISTOPHER H. SMITH, New Jersey     HOWARD L. BERMAN, California
    DAN BURTON, Indiana                  GARY L. ACKERMAN, New York
    ELTON GALLEGLY, California           ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    DONALD A. MANZULLO, Illinois         DONALD M. PAYNE, New Jersey
    EDWARD R. ROYCE, California          BRAD SHERMAN, California
    STEVE CHABOT, Ohio                   ELIOT L. ENGEL, New York
    RON PAUL, Texas                      GREGORY W. MEEKS, New York
    MIKE PENCE, Indiana                  RUSS CARNAHAN, Missouri
    JOE WILSON, South Carolina           ALBIO SIRES, New Jersey
    CONNIE MACK, Florida                 GERALD E. CONNOLLY, Virginia
    JEFF FORTENBERRY, Nebraska           THEODORE E. DEUTCH, Florida
    MICHAEL T. McCAUL, Texas             DENNIS CARDOZA, California
    TED POE, Texas                       BEN CHANDLER, Kentucky
    GUS M. BILIRAKIS, Florida            BRIAN HIGGINS, New York
    JEAN SCHMIDT, Ohio                   ALLYSON SCHWARTZ, Pennsylvania
    BILL JOHNSON, Ohio                   CHRISTOPHER S. MURPHY, Connecticut
    DAVID RIVERA, Florida                FREDERICA WILSON, Florida
    MIKE KELLY, Pennsylvania             KAREN BASS, California
    TIM GRIFFIN, Arkansas                WILLIAM KEATING, Massachusetts
    TOM MARINO, Pennsylvania             DAVID CICILLINE, Rhode Island
    JEFF DUNCAN, South Carolina
    ANN MARIE BUERKLE, New York
    RENEE ELLMERS, North Carolina
    VACANT
                       Yleem D.S. Poblete, Staff Director
                 Richard J. Kessler, Democratic Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 2699, To establish policies and procedures in the Peace
      Corps to provide for the safety and security of volunteers from
      rape and sexual assault, and for other purposes................     3
      Amendment in the nature of a substitute to H.R. 2699 offered by
        the Honorable Ileana Ros-Lehtinen, a Representative in
        Congress from the State of Florida, and chairman, Committee
        on Foreign Affairs...........................................    11
      Amendment to the amendment in the nature of a substitute to
        H.R. 2699 offered by the Honorable Frederica Wilson, a
        Representative in Congress from the State of Florida.........    18
    H.R. 2337, To amend the Peace Corps Act to require sexual assault
      risk-reduction and response training, the development of sexual
      assault protocol and guidelines, the establishment of victims
      advocates, the establishment of a Sexual Assault Advisory
      Council, and for other purposes................................    19
      Amendment in the nature of a substitute to H.R. 2377 offered by
        the Honorable Ted Poe, a Representative in Congress from the
        State of Texas178 deg...............................    38
      Amendment to the amendment in the nature of a substitute to
        H.R. 2377 offered by the Honorable Ted Poe179 deg...    60
      Amendments to the amendment in the nature of a substitute to
        H.R. 2337 offered by the Honorable Frederica
        Wilson30 deg........................................    65

                                    APPENDIX

    Markup notice....................................................    74
    Markup minutes...................................................    75
    The Honorable Gerald E. Connolly, a Representative in Congress
      from the Commonwealth of Virginia: Prepared statement..........    77
    TO ESTABLISH POLICIES AND PROCEDURES IN THE PEACE CORPS TO PROVIDE FOR
    THE SAFETY AND SECURITY OF VOLUNTEERS FROM RAPE AND SEXUAL ASSAULT, AND
    FOR OTHER PURPOSES; AND 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

                                  ----------

                         WEDNESDAY, SEPTEMBER 21, 2011

                      House of Representatives,
                                  Committee on Foreign Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10 o'clock a.m.,
    in room 2172 Rayburn House Office Building, Hon. Ileana Ros-
    Lehtinen (chairman of the committee) presiding.
        Chairman Ros-Lehtinen. The committee will come to order.
        Pursuant to notice, the committee meets this morning to
    mark up H.R. 2699, the Peace Corps Volunteer Service
    Improvement Act, and H.R. 2337, the Kate Puzey Peace Corps
    Volunteer Protection Act.
        As our members are aware, these reform measures enjoy
    strong bipartisan support and there are competing markups
    taking place in other committees this morning. Thus, as your
    offices were notified earlier this week, it is the intent of
    the Chair to consider these bills en bloc and by unanimous
    consent, including the substitute amendments sent to you on
    Monday and the five brief amendments sent to you yesterday.
        All members have copies of those documents before them.
    Then after we have concluded our expedited consideration, I
    will be glad to recognize myself, the ranking member, Judge
    Poe, and any other member who wishes to make statements on
    these measures. All members are given leave to insert written
    remarks into the record should they choose to do so.
        And seeing that a reporting quorum is present, without
    objection the following measures are considered as read and the
    Chairman is authorized to seek consideration of the following
    bills under suspension of the rules, and the following
    amendments to those bills which the members have before them
    shall be deemed adopted: H.R. 2699, the Peace Corps Volunteer
    Service Improvement Act, Ros-Lehtinen; and amendment 87 to H.R.
    2699 which is the amendment in the nature of a substitute
    provided to your offices on Monday; and amendment 35 to that
    amendment offered by Ms. Wilson of Florida--and it's been a
    delight to have been working with you, Ms. Wilson--thank you
    for your good suggestions on the bills; H.R. 2337, the Kate
    Puzey Peace Corps Volunteer Protection Act, the Poe amendment
    178 to H.R. 2337 which is the amendment in the nature of a
    substitute sent to your offices on Monday and the following
    amendments to that amendment 178, amendment 179 offered by
    Judge Poe and amendments 30, 33, and 34 offered by Ms. Wilson
    of Florida.
        Hearing no objection it is so ordered. The amendments and
    the amended bills are adopted. Without objection the staff is
    directed to make technical and conforming changes.
        [The information referred to follows:]

    H.R. 2699

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    Ros-Lehtinen ANS to H.R. 2699

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    Wilson amendment to the ANS

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    H.R. 2337

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    ANS to H.R. 2337--Poe

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    Poe Amendment to the ANS to H.R. 2337

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT

    Wilson three ANS to H.R. 2337

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Chairman Ros-Lehtinen. Now that we have completed formal
    consideration of these measures, I will recognize members for
    remarks. I have some remarks, but let me just turn
    to first to the ranking member and Judge Poe and
    any others who seek recognition. My good friend from
    California, Mr. Berman, is recognized.
        Mr. Berman. Well, thank you very much, Madam Chairman.
    Thank you for a number of things in terms of dealing with this
    legislation. I think this marks an important step toward
    improving the safety and security of volunteers that serve in
    the Peace Corps. We took up the issue of volunteer safety
    earlier this year after the broadcast of an extremely
    disturbing report on the ABC news program 20/20. The segment
    detailed the experiences of a number of young volunteers who
    were sexually assaulted while serving overseas, but didn't
    receive the care and support they needed from the Peace Corps.
    The show also examined the circumstances surrounding the death
    of Kate Puzey, a volunteer in the West African country of Benin
    who was murdered after reporting that a fellow teacher was
    sexually abusing some of his students.
        In May, we held a very useful hearing on these issues under
    your leadership with witnesses that included return volunteers
    who were survivors of sexual assault, the Inspector General of
    the Peace Corps, and the Peace Corps Director.
        The testimony we received from the survivors and the
    Inspector General provided very concrete suggestions on ways to
    improve the Peace Corps which we have done our best to
    incorporate into these bills. These include requiring the Peace
    Corps to have comprehensive policies and training for
    volunteers and staff on risk reduction and response; the
    establishment of a victim support office to focus exclusively
    on supporting victims of sexual assault and other crimes; and
    completing a Memorandum of Understanding between the Peace
    Corps and the State Department clarifying security-related
    responsibilities.
        To his credit, the Peace Corps Director, Aaron Williams,
    detailed the steps the Agency has already taken to improve
    support for victims of sexual assault and other crimes. And
    what he told us was very encouraging. The Peace Corps has
    already hired a victims advocate, established a confidentiality
    policy, and started the process of rewriting and updating their
    sexual assault risk reduction and response policies and
    training. These bills codify some of the important measures
    that Director Williams has put in place to ensure they are
    retained by future directors.
        At the hearing, I suggested that what we needed to do was
    some good old-fashioned oversight: Gathering facts, asking the
    tough questions, developing a responsible bipartisan approach
    to fix any problems we find. And that's what you've done with
    this work on the Peace Corps bills. We've gotten valuable input
    from the NGOs, advocacy groups, our partners in the Senate and
    the Peace Corps. The result is a comprehensive balanced bill
    that will make the Peace Corps a better organization for all of
    its volunteers and its partner countries.
        Madam Chairman, this is a model for how the legislative
    process is supposed to work and I'd truly like to thank both
    you and Mr. Poe and your staffs for involving us with you in
    developing these important issues.
        On its 50th anniversary, Peace Corps continues to perform a
    vital role in promoting community-based development in some of
    the world's poorest countries, sharing American values,
    enriching our own Nation by bringing knowledge of other
    countries and cultures back to the United States. No agency
    with such a modest budget has done more than the Peace Corps to
    extend America's presence in every part of the world. None has
    enjoyed such bipartisan support. These bills will strengthen
    the Peace Corps and help ensure the Agency can continue to do
    its important work well into the future. And I urge my
    colleagues to support these pieces of legislation.
        Chairman Ros-Lehtinen. Thank you so much, Mr. Berman. The
    Chair recognizes herself for her statement.
        I'd like to thank the ranking member, Mr. Berman, for his
    support and his cooperation in a bipartisan manner on this
    timely issue. Versions of both of these bills were adopted by
    our committee as Title 10 of H.R. 2583, the Foreign Relations
    Authorization Act, and not a single one of the 84 amendments
    offered to the authorization bill altered the Peace Corps
    provisions. So it's important that Congress act now to put in
    place the protections contained in the two bills before us.
        I'd like to thank Ms. Lois Puzey, the mother of Kate Puzey.
    I'd like to thank Dr. Karestan Koenen, Jessica Smocheck, and
    Carol Clark who were so brave in their testimony before our
    committee. They were deeply inspiring, and our committee is
    committed to making sure that their voices are heard loud and
    clear.
        And now it's my pleasure to recognize the author of H.R.
    2337, Judge Poe, for his remarks on these measures. And my
    complete statement--as well as everyone's complete statement,
    as I said in the beginning--will be inserted in the record.
        Judge Poe is recognized.
        Mr. Poe. I want to thank the chairman for her great work on
    this legislation and the ranking member and the chairman for
    holding this mark up today.
        I first became aware of this tragic mistreatment of some
    volunteers in the Peace Corps when I met with victims last
    Fall. They talked about how the Peace Corps, in some areas, had
    a culture of blaming the victim when a crime was committed
    against the victim. Let me be clear. When a victim or person is
    raped, they are the victim of the crime and it's never their
    fault. The crime is always the fault of the perpetrator, never
    the victim.
        And, over the next few months after these first meetings,
    the media confirmed what victims had been telling me, that
    these were not just one or two isolated cases. The cases were
    representative of a problem that the Peace Corps was having.
    So, suddenly, I started hearing from Peace Corps volunteers
    previously and present who were mistreated by Peace Corps,
    those that had been with the Peace Corps and had left the Peace
    Corps, and those that were currently in the Peace Corps.
        One thing I want to make perfectly clear. I'm a big
    supporter of the Peace Corps. It does a great service for this
    nation. It's one of the best things that we have ever invented,
    but we need to fix some of the problems that are in the Peace
    Corps.
        After meeting with numerous victims, I met with the Peace
    Corps Director, Aaron Williams, in February. And I have a
    meeting with him again tomorrow. It appeared to me that he
    understood this issue and he was open to suggestions on how it
    could be solved and how Peace Corps victims could be protected
    overseas. He has taken some important steps toward reform. He's
    hired a Peace Corps first victim advocate in May to help
    support volunteers who were sexually assault or physically
    assaulted. But it's important for Congress to stand behind
    Director Williams and give him the power to change the culture
    in the Peace Corps beyond his tenure. That's what the Kate
    Puzey Peace Corps Volunteer Protection Act 2011 does.
        It has four main parts. It requires number one, the Peace
    Corps to follow best practices in the area of sexual assault,
    in the sexual assault field. Two, it sets up an Office of
    Victim Advocacy to help victims receive services. Three, it
    puts an advisory council in place to review the Peace Corps'
    sexual assault policy and implementation. And four, it
    establishes new confidentiality requirements including a system
    of restricted and unrestricted reporting for victims.
        My amendment to the bill has some minor changes that do not
    change the substance of the bill. For example, we clarify the
    guidelines of the restricted and unrestricted reporting system
    and they are to be drawn up by the Peace Corps. The bill has
    strong support of the former Peace Corps victims and as the
    chairman has testified or has mentioned, several of them have
    testified before this committee.
        So, being supported by victims and survivors including the
    brave advocacy groups, First Response Action, also RAINN,
    supports this legislation. RAINN is the nation's largest anti-
    sexual violence organization. And the National Peace Corps
    Association supports this legislation.
        We do have one of the victims who came and talked to me and
    others on this committee about her encounters in the Peace
    Corps with us today. Jess Smochek is in the audience and I want
    to thank her for being here and being supportive, and being, of
    course, at the Senate when the Senate was marking up this
    legislation. And I thank her, and all the other victims, who
    have testified and brought information to this committee.
        I also want to thank the 15 of my colleagues on the
    committee that co-sponsored the bill, the chairman, the ranking
    member, Ms. Bass, Ms. Buerkle, Mr. Burton, Mr. Chabot, Mr.
    Connolly, Mr. Deutch, Mr. Faleomavaega, Mr. Payne, Mr. Rivera,
    Mr. Rohrabacher, Ms. Schmidt, Mr. Sires, and Ms. Wilson.
        I'd also like to call the Peace Corps volunteers and thank
    them for what they do abroad. I have used the phrase that they
    are the American angels abroad. They actually are doing that.
    They are the best ambassadors we have for this nation. And they
    go off to remote corners of the world, far away from their
    families, and the conveniences of the United States and they go
    to help other people. And what a great service they do to
    protect the reputation of the United States and they are the
    best ambassadors we have for this country.
        And so for many years, it appears to me, that in this area
    of supporting them when they are assaulted, we have failed them
    and now it's time for Congress to act and make sure that we
    right this wrong and protect our Peace Corps victims no matter
    where they are.
        Thank you, Madam Chairman, I yield back.
        Chairman Ros-Lehtinen. Thank you for your leadership on
    this issue, Judge Poe.
        Do other members seek recognition? Ms. Wilson is
    recognized.
        Ms. Wilson of Florida. Thank you so much, Madam Chair, for
    this legislation and thank you, Judge Poe, and thank you,
    Ranking Member Berman. I sincerely appreciate your acceptance
    and support of the four amendments I submitted today.
        I think it is of the utmost importance that we do
    everything in our power to ensure the safety of Peace Corps
    volunteers, particularly when we are discussing crimes as
    serious as sexual assault. An infringement on one's personhood
    is unforgivable and irreversible. An attack of that nature is
    accompanied by silent ghost victims. These victims will carry
    that with them for the rest of their lives. Unfortunately, many
    prospective volunteers do not fully realize the potential
    dangers that await them in their new service areas.
        Let me say this, I love the Peace Corps. It is essential.
    It is effective. And it should be expanded. And as an example
    of all that is right with American foreign policy. Let me also
    say that the bills passed here today will go a long way toward
    ensuring the safety of our nation's youth who volunteer the
    best years of their lives. But we could go further.
        I wish to offer another amendment today that I could not
    garner sufficient support for its passage, but that's okay. My
    amendment simply would have closed nations to the placement of
    Peace Corps members if they are repeatedly the largest
    perpetrators of sexual assault on our young men and women.
    Further, failing to prosecute reported assaults would lead to
    the barring of Peace Corps members as well. I'm not naive. I
    realize the message this would send to those nations affected.
    And that message needs to be sent. I refuse to stand by and do
    nothing. I refuse to watch as bad actors continue on in the
    very manner we are trying to address. But I promise it is an
    issue around which I will continue to fight.
        Thank you for allowing me to make this statement. And thank
    you, to the committee, for all of the wonderful work you have
    done. Let us stay vigilant. Let us stay strong. And let us stay
    secure.
        I yield back the balance of my time.
        Chairman Ros-Lehtinen. Thank you so much and I thank the
    gentlelady from Florida for her valuable contributions in her
    amendments to this bill. It has made it stronger, provided
    greater safeguards for our Peace Corps volunteers. Every one of
    her amendments improved the bill. And don't give up on us yet.
    We're still working on the other issues that remain unresolved.
        Do any other members seek recognition to make a statement
    on the bill? Seeing no additional hands up nor hearing
    additional requests to speak, I would like to thank all of our
    members for their cooperation. Just so arriving members are
    clear, the committee had already adopted the bills and
    bipartisan amendments sent to your offices earlier this week
    and concluded our formal consideration. So at this point I was
    just recognizing members who would like to make a statement,
    but feel free to put in your statement as part of the record.
    And thank all of you for your cooperation and with that, the
    committee stands adjourned. Thank you.
        [Whereupon, at 10:20 a.m., the committee was adjourned.]

                                A P P E N D I X

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         Material Submitted for the Hearing Record Notice

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