Kates Voice: The Kate Puzey Peace Corps Protection Act

"The Kate Puzey Peace Corps Protection Act of 2011"

The bill has now been introduced with identical language in both the US Senate and the US House of Representatives

Summary of the Bill

(full text is below)

Sexual Assault Risk Reduction and Response Training

Requires the Peace Corps to develop training and protocol that complies with best practices in consultation with experts in the sexual assault field, and tailors the training to the Volunteer’s specific country.

Sexual Assault Response

Establishes sexual assault response teams made up of safety and security officers, medical staff, and a Victim Advocate that will be activated upon reports of sexual assault against a Volunteer

Creates four Victim Advocates within the Peace Corps who will support victims in getting the services that they need

Sexual Assault Review

Establishes a Sexual Assault Advisory Council made up of former Volunteers (victims and non-victims) and experts in the sexual assault field to review Peace Corps sexual assault policies and implementation to ensure best practices are followed. The Council will meet once a year and report to Congress its findings.

Tasks the Peace Corps IG office with reviewing the effectiveness and implementation of Peace Corps sexual assault policy and protocol

Whistleblower Protection for Volunteers

Requires the Peace Corps to establish a process for Volunteers to confidentially report incidents of assault, misconduct, or mismanagement

Requires the Peace Corps to educate and train Volunteers and staff on this process

Ensures the safety of Volunteers by requiring the consent of the Volunteer before the release of any personally identifying information following a sexual assault or report of misconduct

Reports to Congress

Requires the Peace Corps to submit annual reports on assaults against Volunteers, on monitoring and evaluation of Peace Corps programs and Country Directors, and a report on the costs of providing all Volunteers with access to adequate communications (in case of emergency)

Requires a GAO report on the quality and accessibility of health care provided through the Department of Labor to returned Volunteers who become victims of violence during their service

For a more detailed summary of the bill, please see the description on our ally FRA's site HERE

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You can all see any updates to the legislation at the Library of Congress website
To find the bill, search by one of the two bill numbers:
S 1280
HR 2337
Or you can also search by one of the two Sponsors:
Senator: Isakson, Johnny [R-Ga]
Representative: Poe, Ted [R - Tx-2]
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Here is the actual text of the

"Kate Puzey Peace Corps Protection Act":

(apologies for the poor formatting)

DAV11718 S.L.C.

112THCONGRESS

1STSESSION

S.1280 ll

To amend the Peace Corps Act to require sexual assault risk-reduction and

response training, the development of sexual assault protocol and guide-

lines, the establishment of victims advocates, the establishment of a

Sexual Assault Advisory Council, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. ISAKSONintroduced the following bill; which was read twice and referred

to the Committee on

llllllllll

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 As-

sault Advisory Council, and for other purposes.

Be it enacted by the Senate and House of Representa-

tives 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’’.

DAV11718 S.L.C.

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:

‘‘SEXUALASSAULTRISK-REDUCTIONANDRESPONSE

TRAINING

‘‘SEC. 8A. (a) INGENERAL.—As part of the training

provided to all volunteers under section 8(a), the Director

of the Peace Corps shall develop and implement com-

prehensive sexual assault risk-reduction and response

training that conforms to best practices in the sexual as-

sault field as appropriate for first responders and other

staff.

‘‘(b) DEVELOPMENTANDCONSULTATIONWITHEX-

PERTS.—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.

‘‘(c) SUBSEQUENTTRAINING.—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 expo-

sure, STD screening, and pregnancy testing), MedEvac

DAV11718 S.L.C.

procedures, and information regarding the legal process

for pressing charges against an attacker.

‘‘(d) HISTORICAL ANALYSIS.—The Director of the

Peace Corps shall provide each applicant for enrollment

with a historical analysis of crimes and risks against vol-

unteers in the country in which the applicant has been

invited to serve.

‘‘(e) CONTACTINFORMATION.—The Director of the

Peace Corps shall provide each trainee, before each such

trainee enrolls as a volunteer, with—

‘‘(1) the contact information of the Inspector

General of the Peace Corps for purposes of reporting

violations of the sexual assault protocol under sec-

tion 8B or any other criminal or administrative

wrongdoing by volunteers, personnel (including ex-

perts and consultants), or other individuals (includ-

ing contractors) who do business with the Peace

Corps; and

‘‘(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.

‘‘(f) DEFINITIONS.—In this section and sections 8B

through 8G:

‘‘(1) ASSAULT.—

DAV11718 S.L.C.

‘‘(A) IN GENERAL.—The term ‘assault’

means an act that—

‘‘(i) creates an apprehension in an in-

dividual of an imminent, harmful, or offen-

sive contact; or

‘‘(ii) is a harmful or offensive touch-

ing.

‘‘(B) INCLUSION.—The term ‘assault’ in-

cludes stalking and sexual assault.

‘‘(2) SEXUALASSAULT.—The term ‘sexual as-

sault’ 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 as-

saults committed by offenders who are known or re-

lated by blood or marriage to the victim.

‘‘(3) STALKING.—The term ‘stalking’ means

engaging in a course of conduct directed at a spe-

cific person that would cause a reasonable person

to—

‘‘(A) fear for his or her safety or the safety

of others; or

DAV11718 S.L.C.

‘‘(B) suffer substantial emotional distress.

‘‘(4) INCLUSIONOFTRAINEES.—The term ‘vol-

unteers’ includes trainees.

‘‘SEXUALASSAULTPROTOCOLANDGUIDELINES

‘‘SEC. 8B. (a) INGENERAL.—The Director of the

Peace Corps shall develop and implement comprehensive

sexual assault protocol and guidelines that—

‘‘(1) conform to best practices in the sexual assault

field; and

‘‘(2) are applicable to all posts at which volunteers

serve.

‘‘(b) DEVELOPMENTANDCONSULTATIONWITHEX-

PERTS.—In developing the sexual assault policy under

subsection (a), the Director of the Peace Corps shall con-

sult with and incorporate, as appropriate, the rec-

ommendations and views of experts in the sexual assault

field.

‘‘(c) ELEMENTS.—The sexual assault protocol and

guidelines developed under subsection (a) shall include, at

a minimum, the following services with respect to a volun-

teer who has been a victim of sexual assault:

‘‘(1) Protection of such volunteer’s confidentiality.

‘‘(2) Provision of a victim’s advocate to the volunteer.

‘‘(3) Provision of a sexual assault forensic evidence

kit to the volunteer upon request.

DAV11718 S.L.C.

‘‘(4) Provision of emergency health care to the volun-

teer, including, to the greatest extent practicable, a choice

of medical providers and a mechanism for such volunteer

to evaluate such provider.

‘‘(5) Provision of counseling and psychiatric

medecine.

‘‘(6) Completion of a safety and treatment plan with

the volunteer.

‘‘(7) Evacuation of the volunteer, accompanied by a

Peace Corps staffer at the request of such volunteer.

‘‘(8) An explanation to the volunteer of available law

enforcement, prosecutorial options, and legal representa-

tion.

‘‘(d) DISTRIBUTIONANDTRAINING.—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).

‘‘(e) REMOVAL AND ASSESSMENT AND EVALUA-

TION.—

‘‘(1) INGENERAL.—If a volunteer feels at risk

of imminent bodily harm and requests removal from

the site in which such volunteer is serving, the Di-

rector 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

DAV11718 S.L.C.

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 eval-

uation is complete and the site has been determined

to be safe.

‘‘(2) DETERMINATIONOF SITEAS UNSAFE.—

Volunteers may remain at a site during an assess-

ment and evaluation under paragraph (1). If the Di-

rector the Peace Corps determines that a site is un-

safe, the Director of the Peace Corps shall, as expe-

ditiously as practical, remove all volunteers from the

site.

‘‘(f) SEXUALASSAULTRESPONSETEAMS.—The Di-

rector 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.

‘‘(g) CASE REVIEW.—The Director of the Peace

Corps shall conduct case reviews of a statistically signifi-

cant 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 sub-

section (c).

DAV11718 S.L.C.

‘‘(h) TRACKINGANDRECORDING.—The Director of

the Peace Corps shall establish a global tracking and re-

cording system to track and record incidents of assault

against volunteers.

‘‘(i) PROHIBITIONONCOMBININGINCIDENTS.—The

Director of the Peace Corps may not combine into one

incident for purposes of tracking and recording under sub-

section (h) reports by different volunteers of assault

against such volunteers even if such assaults were com-

mitted by one individual against such volunteers at any

one time.

‘‘(j) ALTERNATIVESYSTEMS.—The Director of the

Peace Corps shall establish an alternative reporting sys-

tem 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.

‘‘VICTIMSADVOCATES

‘‘SEC. 8C. (a) VICTIMSADVOCATES.—

‘‘(1) INGENERAL.—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 ex-

DAV11718 S.L.C.

pertise and may be posted abroad if the victims ad-

vocate determines that it is necessary.

‘‘(2) PROHIBITION.—Peace Corps Medical Offi-

cers, Safety and Security Officers, and program

staff may not serve as victims advocates. The vic-

tims advocate and additional victims advocates may

not have any other duties in the Peace Corps.

‘‘(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).

‘‘(b) RESPONSIBILITIES.—The victims advocate and

additional victims advocates shall help develop and imple-

ment the sexual assault risk-reduction and response train-

ing 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 prop-

erly updated and followed. The victims advocate and addi-

tional victims advocates shall assist volunteers who are vic-

tims of assault by making such victims aware of the serv-

ices specified in section 8B(c) available to them and facili-

tating their access to such services.

‘‘(c) STATUS UPDATES.—The victims advocate and

additional victims advocates shall provide to volunteers

who are victims of assault regular updates on the status

DAV11718 S.L.C.

of their cases if such volunteers have opted to pursue pros-

ecution.

‘‘(d) TRANSITION.—A victims advocate who is work-

ing with a volunteer who is a victim of assault and who

relocates back to the United States shall assist the volun-

teer to receive the services specified in section 8B(c) re-

quired by such volunteer, including through the duration

of the claim with the Department of Labor, even after the

volunteer is medically separated.

‘‘ESTABLISHMENTOFSEXUALASSAULTADVISORY

COUNCIL

‘‘SEC. 8D. (a) ESTABLISHMENT.—There is estab-

lished in the Peace Corps a Sexual Assault Advisory Coun-

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

‘‘(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 non-

governmental experts and professionals in the sexual as-

sault field.

‘‘(c) FUNCTIONS; MEETINGS.—The Council shall

meet not less often than annually to review the sexual as-

sault risk-reduction and response training developed under

section 8A, sexual assault policy developed under section

8B, and the confidentiality policy developed under section

DAV11718 S.L.C.

8F to ensure that such training and policies conform to

best practices in the sexual assault field.

‘‘(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).

‘‘(e) FEDERALEMPLOYEES.—Members of the Coun-

cil shall not be considered Federal employees for any pur-

pose and shall not receive compensation other than reim-

bursement 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.

‘‘VOLUNTEERFEEDBACKANDPEACECORPSREVIEW

‘‘SEC. 8E. (a) MONITORINGANDEVALUATION.—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. Moni-

toring and evaluation plans shall incorporate best prac-

tices from monitoring and evaluation studies and analyses.

‘‘(b) ANNUALVOLUNTEERSURVEYS.—The Director

of the Peace Corps shall annually conduct a confidential

DAV11718 S.L.C.

survey of volunteers regarding the effectiveness of Peace

Corps programs and staff and the safety of volunteers.

‘‘(c) PEACECORPSINSPECTORGENERAL.—The In-

spector General of the Peace Corps shall submit to the

Committee on Foreign Affairs and the Committee on Ap-

propriations of the House of Representatives and the

Committee on Foreign Relations and the Committee on

Appropriations of the Senate 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

five years thereafter, evaluating the effectiveness and

implementation of the assault risk-reduction and re-

sponse training developed under section 8A and the

sexual assault protocol and guidelines developed

under section 8B.

‘‘(3) A trend analysis every three years of the

annual volunteer surveys, including actions taken in

response to such surveys.

DAV11718 S.L.C.

‘‘(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 Di-

rectors are terminated, and how Country Directors

hire staff.

‘‘(d) EVALUATIONDEFINED.—For purposes of this

section, the term ‘evaluation’ means the systematic collec-

tion 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.

‘‘NONDISCLOSUREOFCONFIDENTIALORPRIVATE

INFORMATION

‘‘SEC. 8F. (a) INGENERAL.—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 pol-

icy, of the Peace Corps in order to protect the confiden-

tiality 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 Di-

rector of the Peace Corps shall train all volunteers and

staff about this process.

‘‘(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

DAV11718 S.L.C.

by volunteers under subsection (a) in order to protect

against the inappropriate disclosure of such information

and ensure the safety of such volunteers.

‘‘(c) NONDISCLOSURE.—

‘‘(1) INGENERAL.—Except as provided in para-

graphs (2) and (3), the Director of the Peace Corps

may not—

‘‘(A) disclose any personally identifying in-

formation or personal information of a volun-

teer who is a victim of assault collected in con-

nection with services requested, utilized, or de-

nied through Peace Corps programs; or

‘‘(B) reveal such information without the

informed, purpose-limited, and reasonably time-

limited consent of the volunteer about whom

such information is sought.

‘‘(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—

‘‘(A) make reasonable attempts to provide

notice to the volunteer with respect to whom

such information is being released; and

‘‘(B) take such action as is necessary to

protect the privacy and safety of the volunteer.

DAV11718 S.L.C.

‘‘(3) INFORMATIONSHARING.—The Director of

the Peace Corps may share—

‘‘(A) nonpersonally identifying data in the

aggregate regarding services to volunteers and

nonpersonally identifying demographic informa-

tion in order to comply with reporting, evalua-

tion, or data collection requirements;

‘‘(B) nonpersonally identifying information

that would protect the safety of volunteers;

‘‘(C) court-generated information and law-

enforcement generated information contained in

secure, governmental registries for protection

order enforcement purposes; and

‘‘(D) law enforcement- and prosecution-

generated information necessary for law en-

forcement and prosecution purposes.

‘‘(d) DEFINITION.—In this section, the terms ‘per-

sonally identifying information’ and ‘personal information’

mean information for or about a volunteer who is a victim

of assault, including information likely to disclose the loca-

tion of such victim, including the following:

‘‘(1) A first and last name.

‘‘(2) A home or other physical address.

DAV11718 S.L.C.

‘‘(3) Contact information (including a postal,

email, or Internet protocol address, or telephone or

facsimile number).

‘‘(4) A social security number.

‘‘(5) Any other information, including date of

birth, racial or ethnic background, or religious affili-

ation, that, in combination with information de-

scribed in paragraphs (1) through (4), would serve

to identify the victim.

‘‘REPORTINGREQUIREMENTS

‘‘SEC. 8G. (a) INGENERAL.—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 For-

eign Relations and the Committee on Appropriations of

the Senate a report summarizing information on—

‘‘(1) sexual assault against volunteers;

‘‘(2) assault against volunteers; and

‘‘(3) the annual rate of early termination of volun-

teers, including, to the maximum extent practicable, demo-

graphic 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 Affairs and the Committee on Appropriations of

the House of Representatives and the Committee on For-

DAV11718 S.L.C.

eign 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.

‘‘(c) ACCESSTOCOMMUNICATIONS.—

‘‘(1) INGENERAL.—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 volun-

teer.

‘‘(2) REPORT.—Not later than six months after

the date of the enactment of this section, the Direc-

tor of the Peace Corps shall submit to the Com-

mittee on Foreign Affairs and the Committee on Ap-

propriations 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 ade-

quate communication, including cellular service and

Internet access.

‘‘(d) REPORTONMONITORINGANDEVALUATION.—

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

DAV11718 S.L.C.

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 infor-

mation on the following:

‘‘(1) A description of the monitoring and eval-

uation activities conducted in the preceding year.

‘‘(2) A forecast of the monitoring and evalua-

tion activities planned for the subsequent year.

‘‘(3) A description of the ways in which the re-

sults of the monitoring and evaluation activities have

informed the design and operation of development

policies and programs during the preceding year.’’.

SEC. 3. CONFORMING AMENDMENTS.

(a) INCLUSIONOFSEXUALASSAULTRISK-REDUC-

TIONANDRESPONSETRAINING.—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’’.

DAV11718 S.L.C.

(b) CERTAINSERVICES.—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 8C)’’

after ‘‘health care’’; and

(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’’.

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