Text: S.1280 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-57 (11/21/2011)

 
[112th Congress Public Law 57]
[From the U.S. Government Printing Office]



[[Page 735]]

         KATE PUZEY PEACE CORPS VOLUNTEER PROTECTION ACT OF 2011

[[Page 125 STAT. 736]]

Public Law 112-57
112th Congress

                                 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. <<NOTE: Nov. 
                        21, 2011 -  [S. 1280]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Kate Puzey Peace 
Corps Volunteer Protection Act of 2011. 22 USC 2501 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kate Puzey Peace Corps Volunteer 
Protection Act of 2011''.
SEC. 2. <<NOTE: President.>>  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) <<NOTE: 22 USC 2507a.>>  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, to the extent practicable, conforms to best 
practices in the sexual assault field.

    ``(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) Subsequent Training.--Once a volunteer has arrived in 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.
    ``(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, including an overview of past 
crimes against volunteers in the country.
    ``(e) Contact Information.--The President shall provide each 
applicant, before the applicant enrolls as a volunteer, with--

[[Page 125 STAT. 737]]

            ``(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, volunteer, contractor, or outside party 
        that receives funds from the Peace Corps;
            ``(2) <<NOTE: Guidelines.>>  clear, written guidelines 
        regarding whom to contact, 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
            ``(3) contact information for a 24-hour sexual assault 
        hotline to be established for the purpose of providing 
        volunteers a mechanism to anonymously--
                    ``(A) report sexual assault;
                    ``(B) receive crisis counseling in the event of a 
                sexual assault; and
                    ``(C) seek information about Peace Corps sexual 
                assault reporting and response procedures.

    ``(f) Definitions.--In this section and sections 8B through 8G:
            ``(1) Personally identifying information.--The term 
        `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:
                    ``(A) A first and last name.
                    ``(B) A home or other physical address.
                    ``(C) Contact information (including a postal, 
                email, or Internet protocol address, or telephone or 
                facsimile number).
                    ``(D) A social security number.
                    ``(E) Any other information, including date of 
                birth, racial or ethnic background, or religious 
                affiliation, that, in combination with information 
                described in subparagraphs (A) through (D), would serve 
                to identify the victim.
            ``(2) Restricted reporting.--
                    ``(A) In general.--The term `restricted reporting' 
                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.
                    ``(B) Exceptions.--In cases in which volunteers 
                elect restricted reporting, disclosure of their 
                personally identifying information is authorized to the 
                following persons or organizations when disclosure would 
                be for the following reasons:
                          ``(i) Peace Corps staff or law enforcement 
                      when authorized by the victim in writing.
                          ``(ii) Peace Corps staff or law enforcement to 
                      prevent or lessen a serious or imminent threat to 
                      the health or safety of the victim or another 
                      person.

[[Page 125 STAT. 738]]

                          ``(iii) SARLs, victim advocates or healthcare 
                      providers when required for the provision of 
                      victim services.
                          ``(iv) State and Federal courts when ordered, 
                      or if disclosure is required by Federal or State 
                      statute.
                    ``(C) Notice of disclosure and privacy protection.--
                In cases in which information is disclosed pursuant to 
                subparagraph (B), the President shall--
                          ``(i) make reasonable attempts to provide 
                      notice to the volunteer with respect to whom such 
                      information is being released; and
                          ``(ii) take such action as is necessary to 
                      protect the privacy and safety of the volunteer.
            ``(3) 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.
            ``(4) Stalking.--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.


                         ``sexual assault policy


    ``Sec. 8B.  (a) <<NOTE: 22 USC 2507b.>>  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) mandates, for each Peace Corps country program, the 
        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;
            ``(3) requires SARLs to immediately contact a Victim 
        Advocate upon receiving a report of sexual assault in accordance 
        with the restricted and unrestricted reporting guidelines 
        promulgated by the Peace Corps;
            ``(4) to the extent practicable, conforms to best practices 
        in the sexual assault field;
            ``(5) is applicable to all posts at which volunteers serve; 
        and
            ``(6) includes a guarantee that volunteers will not suffer 
        loss of living allowances for reporting a sexual assault.

    ``(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, including experts with 
international experience.
    ``(c) Elements.--The sexual assault policy 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:

[[Page 125 STAT. 739]]

            ``(1) The option of pursuing either restricted or 
        unrestricted reporting of an assault.
            ``(2) Provision of a SARL and Victim's Advocate to the 
        volunteer.
            ``(3) At a volunteer's discretion, provision of a sexual 
        assault forensic exam in accordance with applicable host country 
        law.
            ``(4) If necessary, the provision of emergency health care, 
        including a mechanism for such volunteer to evaluate such 
        provider.
            ``(5) If necessary, the provision of counseling and 
        psychiatric medication.
            ``(6) Completion of a safety and treatment plan with the 
        volunteer, if necessary.
            ``(7) Evacuation of such volunteer for medical treatment, 
        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.
            ``(8) An explanation to the volunteer of available law 
        enforcement and prosecutorial options, and legal representation.

    ``(d) Training.--The President shall train all staff outside the 
United States regarding the sexual assault policy developed under 
subsection (a).


                       ``office of victim advocacy


    ``Sec. 8C.  (a) <<NOTE: 22 USC 2507c.>>  Establishment of Office of 
Victims Advocacy.--
            ``(1) In general.--The President shall establish an Office 
        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.
            ``(2) Prohibition.--Peace Corps Medical Officers, Safety and 
        Security Officers, and program staff may not serve as victim 
        advocates. The victim advocate referred to in paragraph (1) may 
        not have any other duties in the Peace Corps that are not 
        reasonably connected to victim advocacy.
            ``(3) Exemption.--The victim advocate and any additional 
        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)).

    ``(b) Responsibilities.--
            ``(1) Victims of sexual assault.--The Office of Victim 
        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.
            ``(2) Other crimes.--In addition to assisting victims of 
        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.

[[Page 125 STAT. 740]]

            ``(3) Priority.--The Office of Victim Advocacy shall give 
        priority to cases involving serious crimes, including sexual 
        assault and stalking.

    ``(c) Status Updates.--The Office of Victim Advocacy shall 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.
    ``(e) Sunset.--This section shall cease to be effective on October 
1, 2018.


           ``establishment of sexual assault advisory council


    ``Sec. 8D.  (a) <<NOTE: 22 USC 2507d.>>  Establishment.--There is 
established a Sexual Assault Advisory Council (in this section referred 
to as the `Council').

    ``(b) Membership.--The <<NOTE: Deadline.>>  Council shall be 
composed of not less 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.

    ``(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 
conform to the extent practicable to best practices in the sexual 
assault field.
    ``(d) Reports.--On an annual basis for 5 years after the date 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).
    ``(e) Employee Status.--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 in accordance with section 5703 of title 
5, United States Code.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council.
    ``(g) Sunset.--This section shall cease to be effective on October 
1, 2018.


               ``volunteer feedback and peace corps review


    ``Sec. 8E.  (a) <<NOTE: Deadline. 22 USC 2507e.>>  Monitoring and 
Evaluation.--Not later than 1 year after the date of the enactment of 
this section, the President shall establish goals, metrics, and 
monitoring and evaluation plans

[[Page 125 STAT. 741]]

for all Peace Corps programs. Monitoring and evaluation plans shall 
incorporate best practices from monitoring and evaluation studies and 
analyses.

    ``(b) Performance Plans and Elements.--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.
    ``(c) Annual Volunteer Surveys.--Annually through September 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).
    ``(d) Peace Corps Inspector General.--The Inspector General of the 
Peace Corps shall--
            ``(1) <<NOTE: Reports. Deadlines.>>  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) a report, not later than one year after the 
                date 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;
                    ``(B) a report, not later than two years and five 
                years 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
                    ``(C) 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 the performance plans described in 
                subsection (b); and
            ``(2) <<NOTE: Notification.>>  when conducting audits or 
        evaluations of Peace Corps 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.

    ``(e) Portfolio Reviews.--
            ``(1) In general.--The President shall, at least once every 
        3 years, perform a review to evaluate the allocation and 
        delivery of resources across the countries the Peace Corps 
        serves or

[[Page 125 STAT. 742]]

        is considering for service. Such portfolio reviews shall at a 
        minimum include the following with respect to each such country:
                    ``(A) An evaluation of the country's commitment to 
                the Peace Corps program.
                    ``(B) An analysis of the safety and security of 
                volunteers.
                    ``(C) An evaluation of the country's need for 
                assistance.
                    ``(D) An analysis of country program costs.
                    ``(E) An evaluation of the effectiveness of 
                management of each post within a country.
                    ``(F) An evaluation of the country's congruence with 
                the Peace Corp's mission and strategic priorities.
            ``(2) Briefing.--Upon request of the Chairman and 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.  (a) <<NOTE: 22 USC 2507f.>>  In General.--The President 
shall develop and implement a comprehensive policy on stalking that--
            ``(1) requires an immediate, effective, and thorough 
        response from the Peace Corps upon receipt of a report of 
        stalking;
            ``(2) provides, during training, all Peace Corps volunteers 
        with a point of contact for the reporting of stalking; and
            ``(3) protects the confidentiality of volunteers who report 
        stalking to the maximum extent practicable.

    ``(b) Development and Consultation With Experts.--In 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.
    ``(c) Training of In-country Staff.--The President shall provide for 
the training of all in-country staff regarding the stalking policy 
developed under subsection (a).


         ``establishment of a confidentiality protection policy


    ``Sec. 8G.  (a) <<NOTE: 22 USC 2507g.>>  In General.--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. This process shall conform to 
existing best practices regarding confidentiality.

    ``(b) Guidance.--The President shall provide additional training 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.

[[Page 125 STAT. 743]]

    ``(c) Penalty.--Any Peace Corps volunteer or staff member who is 
responsible for maintaining confidentiality under subsection (a) and who 
breaches such duty shall be subject to disciplinary 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.  (a) <<NOTE: 22 USC 2507h.>>  In General.--If a volunteer 
requests removal 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.

    ``(b) Determination of Site as Unsafe.--If the President 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.
    ``(c) Tracking and Recording.--The President shall establish a 
global tracking and recording system to track and record incidents of 
crimes against volunteers.


                        ``reporting requirements


    ``Sec. 8I.  (a) <<NOTE: 22 USC 2507i.>>  In General.--The President 
shall annually 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--

    ``(1) sexual assault of volunteers;
    ``(2) other crimes against volunteers;
    ``(3) the number of arrests, prosecutions, and incarcerations for 
crimes involving Peace Corps volunteers for every country in which 
volunteers serve; and
    ``(4) 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

[[Page 125 STAT. 744]]

        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--
            (1) the Office of Victim Advocacy established under section 
        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;
            (2) any full-time victim advocates and any additional victim 
        advocates should be credentialed by a national victims 
        assistance body; and
            (3) the training required under section 8A(a) of the Peace 
        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--
            (1) in section 7(a)(3) (22 U.S.C. 2506(a)(3)), by inserting 
        ``, or contracted with for personal services under section 
        10(a)(5),'' after ``employed, appointed, or assigned under this 
        subsection''; and
            (2) in section 10(a)(5) (22 U.S.C. 2509(a)(5)), by striking 
        ``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--
                    ``(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. <<NOTE: 22 USC 2503 note.>>  CONFORMING SAFETY AND 
                    SECURITY AGREEMENT REGARDING PEACE CORPS 
                    VOLUNTEERS SERVING IN FOREIGN COUNTRIES.

    (a) In General.--Not later <<NOTE: Deadline. Consultation.>>  than 
180 days after the date of 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

[[Page 125 STAT. 745]]

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.

    (b) Inspector General Review.--
            (1) Review.--The Inspector General of the Peace Corps 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.
            (2) Report.--The Director of the Peace Corps shall consider 
        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.

    (c) Failure to Meet Deadline.--
            (1) Requirement to submit report.--If, by the date that 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.
            (2) Committees of congress specified.--The committees 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.

    (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''.
SEC. 9. <<NOTE: 22 USC 2507a note.>>  OFFSET OF COSTS AND 
                    PERSONNEL.

    Notwithstanding any other provision of law, the Direct of the Peace 
Corps shall--

[[Page 125 STAT. 746]]

            (1) eliminate such initiatives, positions, and programs 
        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;
            (2) ensure no net increase in personnel are added to carry 
        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);
            (3) <<NOTE: Reports. Deadline.>>  report to Congress not 
        later than 60 days after the 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
            (4) <<NOTE: Certification.>>  not implement any other 
        provision of this Act (other 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.

    Approved November 21, 2011.

LEGISLATIVE HISTORY--S. 1280:
---------------------------------------------------------------------------

SENATE REPORTS: No. 112-82 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Sept. 26, considered and passed Senate.
            Nov. 1, considered and passed House.

                                  <all>