[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
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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.
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