Puzey Act

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==Files==
==Files==
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*http://www.peacecorpswiki.org/File:Puzey_Peace_Corps_Reform_Legislation_2011.pdf
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*http://www.peacecorpswiki.org/File:Puzey_Peace_Corps_Reform_Legislation_2011.pdf (final)
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*http://www.peacecorpswiki.org/images/S.1280_Peace_Corps_Act.pdf (first draft)
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==Related==
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*http://www.peacecorpswiki.org/Puzey_Act_volunteer_surveys
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*http://www.katesvoice.net/
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*http://firstresponseaction.org/

Revision as of 20:53, 6 November 2011

http://www.peacecorpswiki.org/File:Puzey_Peace_Corps_Reform_Legislation_2011.pdf S. 1280 One Hundred Twelfth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven

Contents

An Act

To amend the Peace Corps Act to require sexual assault risk-reduction and response training, the development of a sexual assault policy, the establishment of an Office of Victim Advocacy, 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,

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.

to all volunteers under section 8(a), the President shall develop and implement comprehensive sexual assault risk-reduction and response training that, to the extent practicable, conforms to best practices in the sexual assault field.

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.

his or her country of service, the President shall provide the volunteer with training tailored to the country of service that includes cultural training relating to gender relations, risk-reduction strategies, treatment available in such country (including sexual assault forensic exams, post-exposure prophylaxis (PEP) for HIV exposure, screening for sexually transmitted diseases, and pregnancy testing), MedEvac procedures, and information regarding a victim’s right to pursue legal action against a perpetrator.

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, including an overview of past crimes against volunteers in the country.

applicant, before the applicant enrolls as a volunteer, with— S. 1280—2

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, volunteer, contractor, or outside party that receives funds from the Peace Corps;

including the direct telephone number for the designated Sexual Assault Response Liaison (SARL) and the Office of Victim Advocacy and what steps to take in the event of a sexual assault or other crime; and

to be established for the purpose of providing volunteers a mechanism to anonymously—

assault; and

reporting and response procedures.

‘personally identifying information’ means individually identifying information for or about a volunteer who is a victim of sexual assault, including information likely to disclose the location of such victim, including the following:

or Internet protocol address, or telephone or facsimile number).

racial or ethnic background, or religious affiliation, that, in combination with information described in subparagraphs (A) through (D), would serve to identify the victim.

means a system of reporting that allows a volunteer who is sexually assaulted to confidentially disclose the details of his or her assault to specified individuals and receive the services outlined in section 8B(c) without the dissemination of his or her personally identifying information except as necessary for the provision of such services, and without automatically triggering an official investigative process.

restricted reporting, disclosure of their personally identifying information is authorized to the following persons or organizations when disclosure would be for the following reasons:

authorized by the victim in writing.

or lessen a serious or imminent threat to the health or safety of the victim or another person. S. 1280—3

when required for the provision of victim services.

if disclosure is required by Federal or State statute.

In cases in which information is disclosed pursuant to subparagraph (B), the President shall—

to the volunteer with respect to whom such information is being released; and

the privacy and safety of the volunteer.

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.

course of conduct directed at a specific person that would cause a reasonable person to—

or


‘‘SEXUAL ASSAULT POLICY

‘‘SEC. 8B. (a) IN GENERAL.—The President shall develop and implement a comprehensive sexual assault policy that—

reporting of sexual assault;

designation of a Sexual Assault Response Liaison (SARL), 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 accompanying victims through the in-country response at the request of the victim;

upon receiving a report of sexual assault in accordance with the restricted and unrestricted reporting guidelines promulgated by the Peace Corps;

in the sexual assault field;

and ‘‘(6) includes a guarantee that volunteers will not suffer loss of living allowances for reporting a sexual assault.

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, including experts with international experience.

(a) shall include, at a minimum, the following services with respect to a volunteer who has been a victim of sexual assault: S. 1280—4

reporting of an assault.

volunteer.

forensic exam in accordance with applicable host country law.

including a mechanism for such volunteer to evaluate such provider.

medication.

volunteer, if necessary.

accompanied by a Peace Corps staffer at the request of such volunteer. When evacuated to the United States, such volunteer shall be provided, to the extent practicable, a choice of medical providers including a mechanism for such volunteers to evaluate the provider.

enforcement and prosecutorial options, and legal representation.

United States regarding the sexual assault policy developed under subsection (a).

‘‘OFFICE OF VICTIM ADVOCACY

‘‘SEC. 8C. (a) ESTABLISHMENT OF OFFICE OF VICTIMS ADVOCACY.—

of Victim Advocacy in Peace Corps headquarters headed by a full-time victim advocate who shall report directly to the Director. The Office of Victim Advocacy may deploy personnel abroad when necessary to help assist victims.

and Security Officers, and program staff may not serve as victim advocates. The victim advocate referred to in paragraph

are not reasonably connected to victim advocacy.

victim advocates shall be exempt from the limitations specified in subparagraphs (A) and (B) of paragraph (2) and paragraph (5) under section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)).

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, ensure that volunteers who are victims of sexual assault receive services specified in section 8B(c), and facilitate their access to such services.

sexual assault in accordance with paragraph (1), the Office of Victim 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. S. 1280—5

priority to cases involving serious crimes, including sexual assault and stalking.

provide to volunteers who are victims regular updates on the status of their cases if such volunteers have opted to pursue prosecution. ‘‘(d) TRANSITION.—The Office of Victim Advocacy shall assist volunteers who are victims of crime and whose service has terminated in receiving the services specified in section 8B(c) requested by such volunteer.

1, 2018. ‘‘ESTABLISHMENT OF SEXUAL ASSAULT ADVISORY COUNCIL ‘‘SEC. 8D.

Assault Advisory Council (in this section referred to as the ‘Council’).

than 8 individuals selected by the President, not later than 180 days after the date of the enactment of this section, 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.

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 conform to the extent practicable to best practices in the sexual assault field.

of the enactment of this section and at the discretion of the Council 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).

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 in accordance with section 5703 of title 5, United States Code.

Act (5 U.S.C. App.) shall not apply to the Council.

1, 2018.

‘‘VOLUNTEER FEEDBACK AND PEACE CORPS REVIEW

‘‘SEC. 8E.

1 year after the date of the enactment of this section, the President shall establish goals, metrics, and monitoring and evaluation plans S. 1280—6 for all Peace Corps programs. Monitoring and evaluation plans shall incorporate best practices from monitoring and evaluation studies and analyses.

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.

30, 2018, the President shall 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. Results from the annual volunteer survey shall be considered in reviewing the performance of Peace Corps representatives under subsection (a).

of the Peace Corps shall—

the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives—

of the enactment of this section, and biennially through September 30, 2018, 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;

after the date of the enactment of this section, 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, including a case review of a statistically significant number of cases; and

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 the performance plans described in subsection (b); and

programs overseas, notify the Director of the Peace Corps about the results of such evaluations, including concerns the Inspector General has noted, if any, about the performance of Peace Corps representatives, for appropriate action.

3 years, perform a review to evaluate the allocation and delivery of resources across the countries the Peace Corps serves or S. 1280—7 is considering for service. Such portfolio reviews shall at a minimum include the following with respect to each such country:

the Peace Corps program.

of each post within a country.

the Peace Corp’s mission and strategic priorities.

Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall brief such committees on each portfolio review required under paragraph (1). If requested, each such briefing shall discuss performance measures and sources of data used (such as project status reports, volunteer surveys, impact studies, reports of Inspector General of the Peace Corps, and any relevant external sources) in making the findings and conclusions in such review.

‘‘ESTABLISHMENT OF A POLICY ON STALKING

‘‘SEC. 8F.

implement a comprehensive policy on stalking that—

response from the Peace Corps upon receipt of a report of stalking;

with a point of contact for the reporting of stalking; and

stalking to the maximum extent practicable.

developing the stalking policy under subsection (a), the President shall consult with and incorporate, as appropriate, the recommendations and views of those with expertise regarding the crime of stalking.

for the training of all in-country staff regarding the stalking policy developed under subsection (a).

‘‘ESTABLISHMENT OF A CONFIDENTIALITY PROTECTION POLICY

‘‘SEC. 8G.

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. This process shall conform to existing best practices regarding confidentiality.

to officers and employees of the Peace Corps who have access to information reported by volunteers under subsection (a) in order to protect against the inappropriate disclosures of such information and ensure the safety of such volunteers. S. 1280—8

who is responsible for maintaining confidentiality under subsection

action, including termination, and in the case of a staff member, ineligibility for re-employment with the Peace Corps.

‘‘REMOVAL AND ASSESSMENT AND EVALUATION

‘‘SEC. 8H.

from the site in which such volunteer is serving because the volunteer feels at risk of imminent bodily harm, 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. Volunteers may remain at a site during the assessment and evaluation.

determines that a site is unsafe for any remaining volunteers at the site, the President shall, as expeditiously as practical, remove all volunteers from the site.

a global tracking and recording system to track and record incidents of crimes against volunteers.

‘‘REPORTING REQUIREMENTS

‘‘SEC. 8I.

through September 30, 2018, 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—

for crimes involving Peace Corps volunteers for every country in which volunteers serve; and

demographic data associated with such early termination.

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.

of access to communication, including cellular and Internet access, of each volunteer.

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 S. 1280—9 of Representatives a report on the costs, feasibility, and benefits 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 VICTIM ADVOCACY.

It is the sense of Congress that—

8C of the Peace Corps Act, as added by section 2, should provide an adequate number of victim advocates so that each victim of crime receives critical information and support;

advocates should be credentialed by a national victims assistance body; and

Corps Act, as added by section 2, should be credentialed by a national victims assistance body.

SEC. 5. PERSONAL SERVICE CONTRACTS.

The Peace Corps Act is amended—

‘‘, or contracted with for personal services under section 10(a)(5),’’ after ‘‘employed, appointed, or assigned under this subsection’’; and

‘‘any purpose’’ and inserting ‘‘the purposes of any law administered by the Office of Personnel Management (except that the President may determine the applicability to such individuals of provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.))’’.

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—

Inspector General of the Peace Corps.’’.

SEC. 7. CONFORMING SAFETY AND SECURITY AGREEMENT REGARDING PEACE CORPS VOLUNTEERS SERVING IN FOREIGN COUNTRIES.

the enactment of this Act, the Director of the Peace Corps shall consult with the Assistant Secretary of State for Diplomatic Security and enter into a memorandum of understanding that specifies the S. 1280—10 duties and obligations of the Peace Corps and the Bureau of Diplomatic Security of the Department of State with respect to the protection of Peace Corps volunteers and staff members serving in foreign countries, including with respect to investigations of safety and security incidents and crimes committed against volunteers and staff members.

shall review the memorandum of understanding described in subsection (a) and be afforded the opportunity to recommend changes that advance the safety and security of Peace Corps volunteers before entry into force of the memorandum of understanding.

the recommendations of the Inspector General of the Peace Corps regarding the memorandum of understanding described in subsection (a). If the Director enters into the memorandum of understanding without implementing a recommendation of the Inspector General, the Director shall submit to the Inspector General a written explanation relating thereto.

is 180 days after the date of the enactment of this Act, the Director of the Peace Corps is unable to obtain agreement with the Assistant Secretary of State for Diplomatic Security and certification by the Inspector General of the Peace Corps, the Director shall submit to the committees of Congress specified in paragraph (2) a report explaining the reasons for such failure and a certification that substantial steps are being taken to make progress toward agreement.

of Congress specified in this paragraph are the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 8. CONFORMING AMENDMENTS.

RESPONSE TRAINING.—The Peace Corps Act is amended—

by inserting ‘‘(including training under section 8A)’’ after ‘‘training’’; and

by inserting ‘‘, including training under section 8A,’’ after ‘‘training’’.

(22 U.S.C. 2504(e)) is amended, in the first sentence—

and trainees, services under section 8B)’’ after ‘‘health care’’; and

with section 8B (except that the six-month limitation shall not apply in the case of such services),’’ before ‘‘as the President’’.

SEC. 9. OFFSET OF COSTS AND PERSONNEL.

Notwithstanding any other provision of law, the Direct of the Peace Corps shall— S. 1280—11

within the Peace Corps (other than within the Office of Inspector General) as the Director deems necessary to ensure any and all costs incurred to carry out the provisions of this Act, and the amendments made by this Act, are entirely offset;

out the provisions of this Act, with any new full or part time employees or equivalents offset by eliminating an equivalent number of existing staff (other than within the Office of Inspector General);

date of the enactment of this Act the actions taken to ensure compliance with paragraphs (1) and (2), including the specific initiatives, positions, and programs within the Peace Corps that have been eliminated to ensure that the costs of carrying out this Act will be offset; and

than paragraphs (1), (2), and (3)) or any amendment made by this Act until the Director has certified that the actions specified in paragraphs (1), (2), and (3) have been completed.


Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

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