[Congressional Record Volume 157, Number 144 (Monday, September 26, 2011)]
[Senate]
[Pages S6004-S6007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        KATE PUZEY PEACE CORPS VOLUNTEER PROTECTION ACT OF 2011

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 176, S. 1280.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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.

[[Page S6005]]

       ``(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,

[[Page S6006]]

     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''.

  Mr. LEAHY. Madam President, the Senate today is expected to pass the 
Kate Puzey Peace Corps Volunteer Protection Act of 2011. I support this 
legislation and I commend its sponsors, Senator Isakson and Senator 
Boxer, and their counterpart in the House of Representatives, 
Congressman Poe, for the efforts they have made to get it passed.
  Kate Puzey was a young, vivacious Peace Corps volunteer in Benin when 
she was murdered. Not only was she the victim of a terrible crime, the 
Peace Corps mishandled her case, in fact it contributed to her death by 
failing to protect her identity after she sent an email expressing 
concerns about the actions of a family member of a Peace Corps 
employee. It was inexcusable, and it tarnished the Peace Corps' 
reputation.
  This legislation is also a tribute to Kate Puzey's family, who never 
wavered in their determination to honor and remember Kate by doing 
everything possible to protect the safety of other Peace Corps 
volunteers. And I commend the former volunteers, who were victims of 
sexual assault when they served, who have joined with her family in 
this effort.
  I support this bill and have been a strong proponent of reform at the 
Peace Corps to improve training, transparency, accountability, and the 
effective use of resources. In fact, the report accompanying the Senate 
version of the fiscal year 2012 Department of State and foreign 
operations bill, S. 1601, which was reported by the Appropriations 
Committee earlier this week, discusses several steps the Peace Corps 
should take in this regard. But as chairman of the State and Foreign 
Operations Subcommittee that is responsible for the Peace Corps' budget 
at a time when, like other Federal agencies, it is facing cuts, I want 
to take this opportunity to ask my friend from Georgia if he would 
clarify the intent behind a few of the bill's provisions.
  Am I right in understanding that the Peace Corps has established an 
Office of Victim Advocacy and that the requirement in section 8A(e)(3) 
of a 24-hour sexual assault hotline can be met by ensuring that all 
volunteers have contact information for the Office of Victim Advocacy? 
I assume this provision is not intended to impose an onerous or 
impractical burden on the agency, but rather is intended to ensure that 
volunteers who are victims of sexual assault have reliable contact 
information for a Peace Corps employee who is appropriately trained to 
receive a report of sexual assault and provide the necessary 
information and support to the volunteer.
  Mr. ISAKSON. Yes, that is correct. Peace Corps volunteers need 
contact information for 24 hour access to the Office of Victim 
Advocacy, and this is what we intend by a hotline.
  Mr. LEAHY. Is it correct that section 8C(d), ``Transition,'' is 
specifically intended to ensure that the Office of Victim Advocacy 
assists returned volunteers who are attempting to access services 
through the Federal Employees' Compensation Act? While such services 
are not provided through Peace Corps, and the agency's role may be 
limited, the victim advocate can assist and guide returned volunteers 
through the Department of Labor process.
  Mr. ISAKSON. Yes, that is the intent.
  Mr. LEAHY. Is it also correct that section 8E(a), ``Monitoring and 
Evaluation,'' is not intended to impose new requirements on the agency, 
nor to supersede current requirements in law, such as those of the 
Government Performance Results Act--Modernization Act, enacted in 2010. 
The GPRA-MA requires agencies to develop strategic and performance 
plans, among other things. To the extent that the agency already meets 
the requirements of this subsection to monitor and evaluate country 
programs and directors, it would not have to expend additional scarce 
resources for these purposes.
  Mr. ISAKSON. Yes, that is correct.
  Mr. LEAHY. With respect to section 8F(a)(3), concerning stalking, the 
mandate that the agency protect the confidentiality of volunteers who 
report stalking to ``the maximum extent practicable'' would not 
preclude the agency from taking appropriate steps to ensure the safety 
and security of the volunteer, or to take other steps to provide 
services to him or her. A victim of stalking may be at risk of physical 
attack, and if other appropriate individuals need to be informed of the 
identity of a volunteer in order to take action to address a potential 
risk to that volunteer's safety or security, we would

[[Page S6007]]

not want to prevent that. At the same time, the agency must ensure that 
it complies with all legal protections regarding confidentiality, 
including the Privacy Act.
  Mr. ISAKSON. I agree with the Senator.
  Mr. LEAHY. Concerning section 8H, ``Removal and Assessment and 
Evaluation,'' we recognize that Peace Corps cannot guarantee or know 
with absolute certainty that a given site is safe. But we do want the 
agency to take all necessary steps to assess the safety of a 
volunteer's site if that volunteer expresses a legitimate concern that 
he or she is at risk of imminent bodily harm.
  Mr. ISAKSON. Yes, that is what we expect.
  Mr. LEAHY. This bill, once it becomes law, may require the agency to 
hire additional staff, and given the wording of section 10, ``Offset of 
Costs and Personnel,'' that could mean cutting costs or laying off 
other staff. However, I want to be sure that unless the new employee is 
being added solely because of this law, and would not have otherwise 
been added, and that the new staff's responsibilities relate solely to 
implementing provisions of the law, the agency would not be required to 
eliminate another position. Personnel numbers at any agency fluctuate, 
so it is important to determine whether a particular employee was hired 
``to carry out the provisions of this Act,'' as indicated in subsection 
(2).
  Mr. ISAKSON. The Senator is correct.
  Mr. LEAHY. I thank the Senator, and again commend him and the Puzey 
family for this very important legislation. We all support the Peace 
Corps' mission and we want to do everything we can to help it succeed, 
and at the same time ensure that volunteers have the training and 
support they need. There are inherent risks whenever an American 
travels, studies, works, or serves overseas, especially in remote areas 
in poor countries where law enforcement and judicial systems are often 
corrupt or dysfunctional. But what happened to Kate Puzey should never 
have happened. We need to do everything reasonably possible to protect 
the safety of Peace Corps volunteers, and this bill represents a major 
step forward. I am very pleased that it bears Kate's name. I know Peace 
Corps Director Aaron Williams has already taken some significant steps 
in this regard, and that he shares our goal.
  Mr. REID. I ask unanimous consent the substitute amendment at the 
desk be agreed to; the committee-reported amendment, as amended, be 
agreed to; the bill, as amended, be read a third time and passed, the 
motions to reconsider be laid upon the table, and any statements 
relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The amendment (No. 668) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed.

                          ____________________