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22 U.S.C. § 2507a — Sexual assault risk-reduction and re-

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2507a — Sexual assault risk-reduction and re-

Page 1003 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2507a 1 So in original. Probably should be preceded by ‘‘the’’. the Office of Victim Advocacy as a resource for volunteers. The President shall ensure that vol- unteers receive such information at least once during training that occurs prior to enrollment and at least once during each significant in- stance of training after enrollment. (b) Citizen trainees for voluntary programs; for- eign nationals as trainees; advances of funds or reimbursement basis; use of credits The President may also make provision, on the basis of advances of funds or reimbursement to the United States, for training for citizens of the United States, other than those referred to in subsection (a) of this section, who have been selected for service abroad in programs not car- ried out under authority of this chapter which are similar to those authorized by this chapter. The provisions of section 2508 of this title shall apply, on a similar advance of funds or a reim- bursement basis, with respect to persons while within the United States for training under au- thority of this subsection. Advances or reim- bursements received under this subsection may be credited to the current applicable appropria- tion, fund, or account and shall be available for the purposes for which such appropriation, fund, or account is authorized to be used. (c) Training records The President shall implement procedures to maintain a record verifying each individual completing training provided to meet each re- quirement in this section and sections 2507a, 2507b, 2507f, and 2507g(b) of this title. (Pub. L. 87–293, title I, § 8, Sept. 22, 1961, 75 Stat. 616; Pub. L. 102–511, title IX, § 904, Oct. 24, 1992, 106 Stat. 3356; Pub. L. 112–57, § 8(

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Page 1003 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2507a 1 So in original. Probably should be preceded by ‘‘the’’. the Office of Victim Advocacy as a resource for volunteers. The President shall ensure that vol- unteers receive such information at least once during training that occurs prior to enrollment and at least once during each significant in- stance of training after enrollment. (b) Citizen trainees for voluntary programs; for- eign nationals as trainees; advances of funds or reimbursement basis; use of credits The President may also make provision, on the basis of advances of funds or reimbursement to the United States, for training for citizens of the United States, other than those referred to in subsection (a) of this section, who have been selected for service abroad in programs not car- ried out under authority of this chapter which are similar to those authorized by this chapter. The provisions of section 2508 of this title shall apply, on a similar advance of funds or a reim- bursement basis, with respect to persons while within the United States for training under au- thority of this subsection. Advances or reim- bursements received under this subsection may be credited to the current applicable appropria- tion, fund, or account and shall be available for the purposes for which such appropriation, fund, or account is authorized to be used. (c) Training records The President shall implement procedures to maintain a record verifying each individual completing training provided to meet each re- quirement in this section and sections 2507a, 2507b, 2507f, and 2507g(b) of this title. (Pub. L. 87–293, title I, § 8, Sept. 22, 1961, 75 Stat. 616; Pub. L. 102–511, title IX, § 904, Oct. 24, 1992, 106 Stat. 3356; Pub. L. 112–57, § 8(a)(2), Nov. 21, 2011, 125 Stat. 745; Pub. L. 115–256, title II, § 201, Oct. 9, 2018, 132 Stat. 3654.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–256, § 201(1) substituted ‘‘the President deems’’ for ‘‘he deems’’ and inserted at end ‘‘As part of the training provided to all volunteers under subsection (a), and in coordination with the In- spector General of the Peace Corps, the President shall provide all volunteers with information regarding the mandate of the Inspector General and the availability (including contact information) of the Inspector Gen- eral and the Office of Victim Advocacy as a resource for volunteers. The President shall ensure that volunteers receive such information at least once during training that occurs prior to enrollment and at least once dur- ing each significant instance of training after enroll- ment.’’ Subsec. (c). Pub. L. 115–256, § 201(2), added subsec. (c). 2011—Subsec. (a). Pub. L. 112–57 inserted ‘‘, including training under section 2507a of this title,’’ after ‘‘for such training’’. 1992—Subsec. (c). Pub. L. 102–511 struck out subsec. (c) which read as follows: ‘‘Training hereinabove pro- vided for shall include instruction in the philosophy, strategy, tactics, and menace of communism.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title. § 2507a. Sexual assault risk-reduction and re- sponse training (a) In general As part of the training provided to all volun- teers under section 2507(a) of this title, the President shall develop and implement com- prehensive sexual assault risk-reduction and re- sponse 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-reduc- tion and response training under subsection (a), the President shall consult with and incor- porate, 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 coun- try of service that includes cultural training re- lating to gender relations, risk-reduction strate- gies, treatment available in such country (in- cluding sexual assault forensic exams, post-ex- posure prophylaxis (PEP) for HIV exposure, screening for sexually transmitted diseases, and pregnancy testing), MedEvac procedures, and in- formation regarding a victim’s right to pursue legal action against a perpetrator. (d) Information regarding crimes and risks (1) In general Each applicant for enrollment as a volunteer shall be provided, with respect to each country in which the applicant may be invited to serve, with specific, aggregated, and easily ac- cessible information regarding crimes against and risks to volunteers, including— (A) an overview of past crimes against vol- unteers in such country, including statistics regarding unreported crime collected through anonymous surveys; (B) the current early termination rate of volunteers serving in such country; (C) health risks prevalent in such country; (D) the nature and frequency of sexual har- assment reported by volunteers serving in such country; (E) the extent and types of services pro- vided by the Peace Corps to volunteers serv- ing in such country, including access to medical care, counseling services, and assist- ance from the Office of Victim Advocacy; and (F) the level of satisfaction reported by volunteers serving in such country. (2) Option to timely decline Upon receiving information 1 described in paragraph (1), the applicant shall have the op- Page 1004 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2507a tion to change the country of consideration and identify a substitute country. (e) Contact information The President shall provide each applicant, be- fore the applicant enrolls as a volunteer, with— (1) the contact information of the Inspector General of the Peace Corps for purposes of re- porting sexual assault mismanagement or any other mismanagement, misconduct, wrong- doing, 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) clear, written guidelines regarding whom to contact, including the direct telephone number for the designated Sexual Assault Re- sponse Liaison (SARL) and the Office of Vic- tim 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 pur- pose 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 proce- dures. (f) Definitions In this section and sections 2507b through 2507g of this title: (1) Personally identifying information The term ‘‘personally identifying informa- tion’’ means individually identifying informa- tion for or about a volunteer who is a victim of sexual assault, including information likely to disclose the location of such victim, includ- ing the following: (A) A first and last name. (B) A home or other physical address. (C) Contact information (including a post- al, 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 reli- gious affiliation, that, in combination with information described in subparagraphs (A) through (D), would serve to identify the vic- tim. (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 2507b(c) of this title with- out the dissemination of his or her person- ally identifying information except as nec- essary for the provision of such services, and without automatically triggering an official investigative process. (B) Exceptions In cases in which volunteers elect re- stricted reporting, disclosure of their per- sonally identifying information is author- ized to the following persons or organiza- tions when disclosure would be for the fol- lowing 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. (iii) SARLs, Victim’s Advocates, or healthcare providers when required for the provision of victim services. (iv) State and Federal courts when or- dered, or if disclosure is required by Fed- eral or State statute. (C) Notice of disclosure and privacy protec- tion 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 vol- unteer. (3) Sexual assault The term ‘‘sexual assault’’ means any con- duct prescribed by chapter 109A of title 18, whether or not the conduct occurs in the spe- cial 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 offend- ers who are known or related by blood or mar- riage 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. (Pub. L. 87–293, title I, § 8A, as added Pub. L. 112–57, § 2, Nov. 21, 2011, 125 Stat. 736; amended Pub. L. 115–256, title III, § 302, Oct. 9, 2018, 132 Stat. 3656.) Editorial Notes AMENDMENTS 2018—Subsec. (d). Pub. L. 115–256, § 302(1), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘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 coun- try.’’ Subsec. (f)(2)(B)(iii). Pub. L. 115–256, § 302(2), sub- stituted ‘‘Victim’s Advocates,’’ for ‘‘victim advocates’’. Statutory Notes and Related Subsidiaries OFFSET OF COSTS AND PERSONNEL Pub. L. 112–57, § 9, Nov. 21, 2011, 125 Stat. 745, provided that: ‘‘Notwithstanding any other provision of law, the Direct [probably should be ‘‘Director’’] of the Peace Corps shall— Page 1005 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2507b ‘‘(1) eliminate such initiatives, positions, and pro- grams 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 [see Short Title of 2011 Amendment note set out under section 2501 of this title], 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) report to Congress not later than 60 days after the date of the enactment of this Act [Nov. 21, 2011] the actions taken to ensure compliance with para- graphs (1) and (2), including the specific initiatives, positions, and programs within the Peace Corps that have been eliminated to ensure that the costs of car- rying out this Act will be offset; and ‘‘(4) not implement any other provision of this Act (other than paragraphs (1), (2), and (3)) or any amend- ment made by this Act until the Director has cer- tified that the actions specified in paragraphs (1), (2), and (3) have been completed.’’ § 2507b. Sexual assault policy (a) In general The President shall develop and implement a comprehensive sexual assault policy that— (1) includes a system for restricted and unre- stricted 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 re- spond 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 any employee of the Peace Corps to immediately contact a Victim’s Advocate upon receiving a report of sexual assault in ac- cordance with the restricted and unrestricted reporting guidelines promulgated by the Peace Corps and require the Peace Corps to des- ignate the staff at each post who shall be re- sponsible for providing the services described in subsection (c); (4) to the extent practicable, conforms to best practices in the sexual assault field; (5) is applicable to all posts at which volun- teers serve; (6) includes a guarantee that volunteers will not suffer loss of living allowances for report- ing a sexual assault; (7) maintains a record documenting the res- ignation of any employee or volunteer of the Peace Corps who resigns before a determina- tion has been made regarding an alleged viola- tion of the sexual misconduct policy or other serious policy violations; (8) takes into account the record maintained under paragraph (7) before such employee or volunteer is hired, enrolled, or otherwise in- vited to work with the Peace Corps; (9) provides orientation or information re- garding the awareness and prevention of sex- ual assault and sexual harassment to— (A) Peace Corps-selected host families; and (B) a designated person of authority at the volunteer’s initial workplace; and (10) ensures, to the extent practicable and appropriate, that any assault on, or any harm or injury to, a volunteer that is committed by any member of a host family or any national of a host country that was assigned by the Peace Corps to facilitate volunteer work is— (A) documented in an appropriate site his- tory file and in the global tracking and re- cording system established pursuant to sec- tion 2507h(c) of this title; and (B) taken into account with respect to de- terminations regarding placements of future volunteers at such post and the provision of any funds or other benefit by the Peace Corps. (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 rec- ommendations and views of experts in the sex- ual assault field, including experts with inter- national experience. (c) Elements The sexual assault policy developed under sub- section (a) shall include, at a minimum, the fol- lowing services 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 SARL and Victim’s Advo- cate 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 volun- teer shall be provided, to the extent prac- ticable, a choice of medical providers includ- ing a mechanism for such volunteers to evalu- ate the provider. (8) An explanation to the volunteer of avail- able law enforcement and prosecutorial op- tions, and legal representation. (d) Training The President shall train all staff outside the United States regarding the sexual assault pol- icy developed under subsection (a). (Pub. L. 87–293, title I, § 8B, as added Pub. L. 112–57, § 2, Nov. 21, 2011, 125 Stat. 738; amended Pub. L. 115–256, title III, § 303, Oct. 9, 2018, 132 Stat. 3657.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–256, § 303(1), sub- stituted ‘‘any employee of the Peace Corps’’ for ‘‘SARLs’’ and ‘‘Victim’s Advocate’’ for ‘‘Victim Advo- cate’’ and inserted ‘‘and require the Peace Corps to des- ignate the staff at each post who shall be responsible

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2507a — Sexual assault risk-reduction and response training

**(a) In general** As part of the training provided to all volunteers under [section 2507(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2507/a&num=0&edition=prelim), 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** (1) **In general** — Each applicant for enrollment as a volunteer shall be provided, with respect to each country in which the applicant may be invited to serve, with specific, aggregated, and easily accessible information regarding crimes against and risks to volunteers, including— (A) an overview of past crimes against volunteers in such country, including statistics regarding unreported crime collected through anonymous surveys; (B) the current early termination rate of

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