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[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
```