[Senate Report 112-82]
[From the U.S. Government Publishing Office]
Calendar No. 176
112th Congress Report
SENATE
1st Session 112-82
======================================================================
KATE PUZEY PEACE CORPS VOLUNTEER PROTECTION ACT OF 2011
_______
September 21, 2011.--Ordered to be printed
_______
Mr. Kerry, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany S. 1280]
The Committee on Foreign Relations, having had under
consideration the bill (S. 1280) to amend the Peace Corps Act
to require sexual assault risk-reduction and response training,
the development of sexual assault protocol and guidelines, the
establishment of victims advocates, the establishment of a
Sexual Assault Advisory Council, and for other purposes,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................2
IV. Cost Estimate....................................................6
V. Evaluation of Regulatory Impact..................................7
VI. Changes in Existing Law..........................................7
I. Purpose
The purpose of S. 1280 is to enhance Peace Corps' sexual
assault policy, protect the confidentiality of Peace Corps
volunteers, and codify recent steps the Peace Corps has taken
in support of the safety and security of its volunteers.
II. Committee Action
S. 1280 was introduced on June 27, 2011, by Senators
Isakson, Boxer, Durbin, and Chambliss. On July 26, 2011, the
committee considered S. 1280 with an amendment in the nature of
a substitute. On July 26, 2011, the committee ordered S. 1280,
as amended, reported favorably by voice vote.
III. Discussion
S. 1280 aims to enhance and improve both the preventative
measures and the response of the Peace Corps in cases of crime
and sexual assault. The bill also recognizes the significant
reforms that the Peace Corps has made in the past year and,
where appropriate, codifies those efforts. A section-by-section
discussion of the legislation follows.
SECTION 2
Section 2 of S. 1280 amends the Peace Corps Act to include:
The development of comprehensive sexual assault and
risk-reduction and response training as part of the
overall training provided to volunteers;
The development and implementation of a
comprehensive sexual assault policy;
The establishment of the Office of Victims Advocacy;
The establishment of a Sexual Assault Advisory
Council;
The development of volunteer feedback and Peace
Corps review mechanisms;
A requirement for nondisclosure of confidential or
private information, and
Annual and periodic reporting requirements.
Training
Section 2 requires the Peace Corps to develop comprehensive
sexual assault risk-reduction and response training, based upon
best practices in the sexual assault field. The legislation
requires that in developing the training, the President consult
with and incorporate, as appropriate, the recommendations and
views of experts in the sexual assault field; that training be
tailored to the country of service; and that each applicant for
enrollment as a Peace Corps volunteer be provided with
information regarding previous crimes against volunteers and
risks that may be present in the country of service. To further
enhance the ability of volunteers to report incidents or to
receive prompt assistance in the case of assault, the
legislation requires that each volunteer be provided with (1)
the contact information of the Inspector General of the Peace
Corps, the Sexual Assault Victim Support Liaison (SAVSL), and
the Office of Victims Advocacy, and (2) written guidelines
detailing the steps to take and whom to contact in case of a
sexual assault or other crime.
Sexual Assault Policy
Section 2 mandates that the Peace Corps develop a
comprehensive sexual assault policy, including a system for
restricted and unrestricted reporting of sexual assault. The
legislation requires that the Peace Corps protect the
confidentiality of a volunteer who is a victim of sexual
assault until such time that he or she elects to pursue
``unrestricted reporting'' of the assault, and the committee
expects that this policy will mirror the confidentiality policy
of the Department of Defense to the extent possible. The bill
also requires that the Peace Corps designate a ``Sexual Assault
Victim Support Liaison'' (``SAVSL'') in every country of
service. The committee expects that SAVSLs will not serve in
lieu of the Peace Corps' Victims Advocate, but instead will
serve as the first point of contact for volunteers in the
field. The committee recognizes that SAVSLs may be dual-hatted
with other responsibilities, but expects that SAVSLs will
receive comprehensive training on procedures and duties in case
of sexual assault. The legislation requires that the Sexual
Assault Policy provide the following with respect to a
volunteer who has been a victim of sexual assault: a safety and
treatment plan; a sexual assault forensic evidence examination
in accordance with applicable law; emergency healthcare
services; evacuation for medical treatment; and legal
representation and an explanation of available law enforcement
and prosecutorial options.
The legislation requires that if a volunteer who feels at
risk of imminent bodily harm requests removal from a site, the
volunteer shall be removed as expeditiously as practical, and
prohibits the assignment of another volunteer to the site until
such time as the site has been evaluated for safety and
determined to be safe. Upon this time, the site must be
evaluated and it is not to receive additional volunteers until
that assessment is completed and the site is determined to be
safe. If it is determined to be unsafe, all volunteers are to
be removed from the site. The legislation also requires the
Peace Corps to establish a global tracking and recording system
to track and record incidents of crimes against Peace Corps
volunteers, and explicitly defines the terms sexual assault and
stalking to ensure that the policies and procedures established
by this section apply in these instances.
Office of Victims Advocacy
Section 2 of the legislation requires the establishment of
an Office of Victims Advocacy (OVA) in Peace Corps
headquarters, headed by a full-time, appropriately experienced
victims advocate that will report to the Director of the Peace
Corps. The committee expects that OVA will be sufficiently
staffed with subordinate, appropriately experienced victims
advocates to ensure responsive, timely and comprehensive
services to any Peace Corps volunteer in need of assistance.
The legislation prohibits the head of the OVA from having any
other duties in the Peace Corps, and provides that current
Peace Corps Medical Officers, Safety and Security Officers and
program staff may not serve as victims advocates.
Sexual Assault Advisory Council
Section 2 of the legislation mandates the establishment of
a Sexual Assault Advisory Council to review the sexual assault
risk-reduction and response training, sexual assault policy,
and other matters related to sexual assault that the Council
views as appropriate. The legislation requires that the Council
be composed of no less than 8 individuals who are returned
Peace Corps volunteers (including volunteers who were victims
of sexual assault and volunteers who were not victims of sexual
assault), governmental and nongovernmental experts, and
professionals in the sexual assault field. The committee
expects that maintaining this broad diversity of experience
among Council members will be critical to its effectiveness.
The legislation requires that the number of governmental
experts appointed to the Council shall not exceed the number of
nongovernmental experts.
Although the legislation only requires that the Council
meet at least once per year, the committee expects that the
Council's review of sexual assault training and policy will be
ongoing, and that the Council's meetings and discussions will
provide additional support to the Peace Corps as it refines its
sexual assault training and policy. The legislation requires
the Council to report on its findings not later than 1 year
after the date of enactment, each year for the 4 years
following the first report, and every 3 years thereafter.
Members of the Advisory Council shall not be considered
employees of the U.S. Government, they shall not receive
compensation other than the reimbursement of travel expenses,
and the Federal Advisory Committee Act shall not apply to the
Council.
Volunteer Feedback and Peace Corps Review Mechanisms
Section 2 addresses the need for ongoing monitoring and
evaluation. It requires the President to establish performance
plans for Peace Corps representatives and the performance of
each Peace Corps representative is to be reviewed at least once
a year to ensure he or she is meeting performance elements and
standards. Furthermore, an annual confidential survey of Peace
Corps volunteers is required to attain their inputs on the
effectiveness of Peace Corps programs and staff as well as the
safety of volunteers. The results of these surveys are to be
provided in aggregate form (without identifying information) to
the Senate Committee on Foreign Relations, the Senate Committee
on Appropriations, the House Committee on Foreign Affairs, and
the House Committee on Appropriations.
The legislation also requires the Peace Corps Inspector
General (IG) to submit a biennial report to the appropriate
congressional committees concerning reports received from
volunteers that discuss incidents of misconduct, mismanagement
or policy violations by Peace Corps staff, or that relate to
breaches of confidentiality of volunteers. The committee
considers the safety of volunteers to be paramount, and this
report should detail ways in which volunteers are protected if
they provide information of this nature. The IG is also
required to submit a report (no later than 2 years after the
enactment of this legislation and 3 years thereafter) that
evaluates the effectiveness and implementation of the
comprehensive sexual assault risk-reduction and response
training and the sexual assault policy required under this
legislation. The legislation requires that this report be based
upon a case review of a statistically significant number of
cases. Finally, the legislation requires the IG to submit a
report within 2 years of the date of enactment of this
legislation that describes how the Peace Corps hires and
terminates representatives and staff, including an assessment
of the implementation and review of performance plans for Peace
Corps representatives.
Nondisclosure of Confidential or Private Information
The committee sees it as absolutely critical that the Peace
Corps take adequate measures to ensure the confidentiality and
safety of volunteers who report incidents of misconduct or
mismanagement, or violations of any policy. The legislation
therefore requires the development and implementation of a
process that will ensure volunteers are able to report such
incidents confidentially and that the information will be acted
upon appropriately. All volunteers and staff are to be trained
on this process.
Reporting Requirements
Section 2 of the legislation requires three additional
reports to the Senate Committee on Foreign Relations, the
Senate Committee on Appropriations, the House Committee on
Foreign Affairs, and the House Committee on Appropriations. The
first of the three additional reports is to be submitted
annually by the President and it is to summarize information
regarding the sexual assault of volunteers, other crimes
against volunteers, and the annual rate of early termination of
volunteers, including any related demographic data. The second
of the three additional reports is to be completed by the
Comptroller General of the United States no later than 1 year
after the date of enactment and it is to evaluate the quality
and accessibility of health care provided through the
Department of Labor to volunteers upon their separation from
the Peace Corps. Finally, the legislation directs a
determination of the level of access to communications,
including cellular and Internet access, of each volunteer in
every Peace Corps post. As access to adequate communication can
be a critical tool in remote posts, the legislation requires a
report no later than 6 months after the date of enactment,
detailing the costs of providing all volunteers access to
adequate communication, including cellular service and Internet
access.
SECTION 3
Section 3 amends the Peace Corps Act to allow the Peace
Corps to hire counsel and pay legal expenses for either
volunteers that are victims of a crime, or for those volunteers
that may be otherwise participating in the prosecution of
crimes committed against volunteers.
SECTION 4
Section 4 states the sense of Congress that the Office of
Victims Advocacy established under this legislation should
maintain a sufficient staffing level to ensure that any
volunteer that is the victim of crime or sexual assault can
attain the timely and comprehensive services necessary. It is
the belief of the committee that the caseload may require more
than one victim's advocate and that the Peace Corps should
explore ways to best support its volunteers in such cases.
SECTION 5
Section 5 amends the Peace Corps Act to allow the Peace
Corps to more effectively manage its personal service
contractors (PSCs), giving the Agency the flexibility to assign
PSCs to certain inherently governmental functions, including
the handling of money and the supervision of other PSCs. This
language aims to align the Peace Corps' authority for PSCs with
the authorities of the Department of State and the Agency for
International Development.
SECTION 6
Section 6 amends Sections 7(a) of the Peace Corps Act to
exempt the Inspector General of the Peace Corps and the
officers and employees of the Office of the Inspector General
of the Peace Corps from the 5-year term limit. The committee
feels that it is important for the Office of the Inspector
General to maintain its independence and objectivity,
particularly while conducting audits, evaluations, or
investigations. To ensure that this independence exists, terms,
reappointments, or reassignments of individuals in the Office
of the Inspector General should be managed separately from the
standard Peace Corps procedures.
SECTION 7
Section 7(a) amends the Peace Corps Act to include in its
mandatory trainings the comprehensive sexual assault risk-
reduction and response training that is mandated and described
under section 8A of this legislation. Section 7(b) further
amends the Peace Corps Act to include the services under
section 8B in the health care provided to volunteers if
necessary. Because the Peace Corps Act allows for health
services and examinations for returned Peace Corps Volunteers
for only up to 6 months after their return, section 7(b)(2)
removes the 6-month limitation for the services established in
this legislation.
IV. Cost Estimate
In accordance with Rule XXVI, paragraph 11(1) of the
Standing Rules of the Senate, the committee provides this
estimate of the costs of this legislation prepared by the
Congressional Budget Office.
United States Congress,
Congressional Budget Office,
Washington, DC, August 2, 2011.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1280, the Kate Puzey
Peace Corps Volunteer Protection Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1280: Kate Puzey Peace Corps Volunteer Protection Act of 2011--as
ordered reported by the Senate Committee on Foreign Relations
on July 26, 2011
S. 1280 would impose several new requirements on the Peace
Corps, including:
Training volunteers on how to reduce the risk of
sexual assault and what they should do in the event of
an assault,
Developing and implementing a comprehensive sexual
assault policy,
Establishing an Office of Victims Advocacy,
Designating sexual assault liaisons for each country
and training them to respond appropriately to reports
of sexual assault, and
Establishing a Sexual Assault Advisory Council.
The Peace Corps has indicated that it already complies or
is in the process of complying with most of the requirements
under the bill. Based on information from the agency, CBO
estimates that implementing the remaining requirements would
cost $1 million a year and total $5 million over the 2012-2016
period, assuming appropriation of the necessary amounts.
Enacting the bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
The Peace Corps already has a Victims Advocate, but
establishing an office staffed to provide timely and
comprehensive services to volunteers would require additional
staff. Based on information from the Peace Corp, CBO estimates
that the agency would hire two additional people at an annual
cost of less than $500,000. To comply with the requirement for
trained sexual assault liaisons at each of the agency's 76
posts, the Peace Corps plans to designate existing staff as
liaisons. Based on information from the agency, CBO estimates
that initial and refresher training for those liaisons would
cost less than $500,000 each year.
Finally, the bill would require the Peace Corps, the Peace
Corps Inspector General, and the Government Accountability
Office to provide several reports to the Congress. CBO
estimates that the cost of implementing those requirements
would be less than $500,000 each year over the 2012-2016
period, assuming the availability of appropriated funds.
S. 1280 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Sunita D'Monte.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
V. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that, with
the exception of certain changes to Peace Corps regulations
concerning confidentiality of Peace Corps records, there is no
regulatory impact as a result of this legislation.
VI. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman).
The Peace Corps Act (22 U.S.C. 2501)
Title 22--Foreign Relations and Intercourse
* * * * * * *
Chapter 34--The Peace Corps
* * * * * * *
Sec. 5. Peace Corps Volunteers.--(a) Persons Eligible;
Terms and Conditions of Service; Federal Employee Status;
Racial, Sex, Religious, or Color Discrimination.--The President
may enroll in the Peace Corps for service abroad qualified
citizens and nationals of the United States (referred to in
this chapter as ``volunteers''). The terms and conditions of
the enrollment, training (including training under section 8A),
compensation, hours of work, benefits, leave, termination, and
all other terms and conditions of the service of volunteers
shall be exclusively those set forth in this chapter and those
consistent therewith which the President may prescribe; and,
except as provided in this chapter, volunteers shall not be
deemed officers or employees or otherwise in the service or
employment of, or holding office under, the United States for
any purpose. In carrying out this subsection, there shall be no
discrimination against any person on account of race, sex,
creed, or color.
* * * * * * *
(e) Health Care.--Volunteers shall receive such health care
(including, if necessary, for volunteers and trainees, services
under section 8B) during their service, applicants for
enrollment shall receive such health examinations preparatory
to their service, applicants for enrollment who have accepted
an invitation to begin a period of training under section
2507(a) of this title shall receive such immunization and
dental care preparatory to their service, and former volunteers
shall receive such health examinations within six months after
termination of their service, as the President may deem
necessary or appropriate. Subject to such conditions including
services provided in accordance with section 8B (except that
the six-month limitation shall not apply in the case of such
services) as the President may prescribe, such health care may
be provided in any facility of any agency of the United States
Government, and in such cases the appropriation for maintaining
and operating such facility shall be reimbursed from
appropriations available under this chapter. Health care may
not be provided under this subsection in a manner inconsistent
with the Assisted Suicide Funding Restriction Act of 1997 [42
U.S.C. 14401 et seq.].
* * * * * * *
(l) Notwithstanding any other provision of law, counsel may
be employed and counsel fees, court costs, bail, and other
expenses incident to the defense of volunteers may be paid in
foreign judicial or administrative proceedings to which
volunteers have been made parties 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. 7. Peace Corps Employees.--(a)(1) For the purpose of
performing functions under this Act outside the United States,
the President may employ or assign persons, or authorize the
employment or assignment of officers or employees of agencies
of the United States Government which are not authorized to
utilize the Foreign Service personnel system, who shall receive
compensation at any of the rates established under section 402
or 403 of the Foreign Service Act of 1980, together with
allowances and benefits thereunder; and persons so employed or
assigned shall be entitled, except to the extent that the
President may specify otherwise in cases in which the period of
the employment or assignment exceeds thirty months, to the same
benefits as are provided by section 310 of that Act for persons
appointed to the Foreign Service Reserve.
* * * * * * *
(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. 8. Training Program.--(a) Applicants for Enrollment
and Enrolled Volunteers.--The President shall make provision
for such training, including training under section 8A, as he
deems appropriate for each applicant for enrollment as a
volunteer and each enrolled volunteer. All of the provisions of
this chapter applicable respectively to volunteers and
volunteer leaders shall be applicable to applicants for
enrollment as such during any period of training occurring
prior to enrollment, and the respective terms ``volunteers''
and ``volunteer leaders'' shall include such applicants during
any such period of training.
* * * * * * *
Sec. 8A. Sexual Assault Risk-Reduction and Response
Training.--(a) In General.--As part of the training provided to
all volunteers under section 8(a), the President shall develop
and implement comprehensive sexual assault risk-reduction and
response training that is based upon best practices in the
sexual assault field to respond to reports of sexual assault.
(b) Development and Consultation With Experts.--In
developing the sexual assault risk-reduction and response
training under subsection (a), the President shall consult with
and incorporate, as appropriate, the recommendations and views
of experts in the sexual assault field.
(c) Content of Training.--Training under subsection (a)
shall be tailored to the country of service, and shall include
cultural training relating to gender relations, risk-reduction
strategies, a safety plan in the event of an assault, treatment
available in such country (including forensic rape exams, post-
exposure prophylaxis (PEP) for HIV exposure, screening for
sexually transmitted diseases, and pregnancy testing), and
MedEvac procedures.
(d) Information Regarding Crimes and Risks.-- Each
applicant for enrollment as a volunteer shall be provided with
information regarding crimes against and risks to volunteers in
the country in which the applicant has been invited to serve.
(e) Contact Information.--The President shall provide each
applicant, before the applicant enrolls as a volunteer, with--
(1) the contact information of the Inspector General
of the Peace Corps for purposes of reporting sexual
assault mismanagement or any other mismanagement,
misconduct, wrongdoing, or violations of law or policy
whenever it involves a Peace Corps employee, trainee,
volunteer, consultant, contractor, or outside party
that receives funds from the Peace Corps; and
(2) clear, written guidelines regarding whom to
contact, including the direct telephone number for the
designated SAVSL and the Office of Victims Advocacy and
what steps to take in the event of a sexual assault or
other crime.
(f) Definitions.--In this section and sections 8B through
8G:
(1) Sexual assault.--The term ``sexual assault''
means any conduct prescribed by chapter 109A of title
18, United States Code, whether or not the conduct
occurs in the special maritime and territorial
jurisdiction of the United States, and includes both
assaults committed by offenders who are strangers to
the victim and assaults committed by offenders who are
known or related by blood or marriage to the victim.
(2) Inclusion of trainees.--The term ``volunteers''
includes trainees.
Sec. 8B. 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 unrestricted
reporting of sexual assault;
(2) protects the confidentiality of a volunteer who
is a victim of sexual assault until such time that he
or she elects to pursue unrestricted reporting of the
assault;
(3) mandates, for each Peace Corps country program,
the designation of a Sexual Assault Victim Support
Liaison (SAVSL), who shall receive comprehensive
training on procedures to respond to reports of sexual
assault, with duties including ensuring that volunteers
who are victims of sexual assault are moved to a safe
environment and receive prompt access to medical care;
(4) requires SAVSLs to immediately contact the Office
of Victims Advocacy upon receiving a report of sexual
assault;
(5) is based upon best practices in the sexual
assault field; and
(6) is applicable to all posts at which volunteers
serve.
(b) Development and Consultation With Experts.--In
developing the sexual assault policy under subsection (a), the
President shall consult with and incorporate, as appropriate,
the recommendations and views of experts in the sexual assault
field.
(c) Elements.--The sexual assault policy developed under
subsection (a) shall include, at a minimum, the following with
respect to a volunteer who has been a victim of sexual assault:
(1) The option of pursuing either restricted or
unrestricted reporting of an assault.
(2) Provision of a SAVSL and victim's advocate to the
volunteer.
(3) Provision of a sexual assault forensic evidence
examination to the volunteer in accordance with
applicable law.
(4) Provision of emergency health care to the
volunteer.
(5) Completion of a safety and treatment plan with
the volunteer.
(6) Evacuation of the volunteer for medical
treatment, accompanied by a Peace Corps staffer at the
request of such volunteer.
(7) An explanation to the volunteer of available law
enforcement and prosecutorial options, and legal
representation.
(d) Training.--The President shall train all incountry
staff regarding the sexual assault policy developed under
subsection (a).
(e) Removal and Assessment and Evaluation.--
(1) In general.--If a volunteer feels at risk of
imminent bodily harm and requests removal from the site
in which such volunteer is serving, the President
shall, as expeditiously as practical after receiving
such request, remove the volunteer from the site. If
the President receives such a request, the President
shall assess and evaluate the safety of such site and
may not assign another volunteer to the site until such
time as the assessment and evaluation is complete and
the site has been determined to be safe.
(2) Determination of site as unsafe.--Volunteers may
remain at a site during an assessment and evaluation
under paragraph (1). If the President determines that a
site is unsafe, the President shall, as expeditiously
as practical, remove all volunteers from the site.
(f) Tracking and Recording.--The President shall establish
a global tracking and recording system to track and record
incidents of crimes against volunteers.
(g) Stalking.--
(1) In general.--The policies and procedures
established by this section shall also apply in
instances when a volunteer reports stalking.
(2) Stalking.--In this subsection, the term
``stalking'' means engaging in a course of conduct
directed at a specific person that would cause a
reasonable person to--
(A) fear for his or her safety or the safety
of others; or
(B) suffer substantial emotional distress.
Sec. 8C. Office of Victims Advocacy.--(a) Establishment of
Office of Victims Advocacy.--
(1) In general.--The President shall establish an
Office of Victims Advocacy in Peace Corps headquarters
headed by a full-time victims advocate who shall report
directly to the Director. The Office of Victims
Advocacy may deploy personnel abroad when necessary to
help assist victims.
(2) Prohibition.--Peace Corps Medical Officers,
Safety and Security Officers, and program staff may not
serve as victims advocates. The victims advocate
referred to in paragraph (1) may not have any other
duties in the Peace Corps.
(3) Exemption.--The victims advocate and any
additional victims advocates shall be exempt from the
five year rule on appointments and assignments under
section 7(a)(5).
(b) Responsibilities.--The Office of Victims Advocacy shall
help develop and update the sexual assault riskreduction and
response training described in section 8A and the sexual
assault policy described in section 8B and ensure that
volunteers who are victims of crime receive services described
in the sexual assault policy. The Office of Victims Advocacy
shall assist volunteers who are victims of crime by making such
victims aware of the services available to them and
facilitating their access to such services.
(c) Status Updates.--The Office of Victims Advocacy shall
provide to volunteers who are victims of assault regular
updates on the status of their cases if such volunteers have
opted to pursue prosecution.
(d) Transition.--The Office of Victims Advocacy shall
assist volunteers who are victims of crime and whose service
has terminated in receiving any benefits to which they are
entitled under section 8142 of title 5, United States Code.
Sec. 8D. Establishment of Sexual Assault Advisory
Council.--(a) Establishment.--There is established a Sexual
Assault Advisory Council (in this section referred to as the
``Council'').
(b) Membership.--The Council shall be composed of not less
than 8 individuals selected by the President who are returned
volunteers (including volunteers who were victims of sexual
assault and volunteers who were not victims of sexual assault)
and governmental and nongovernmental experts and professionals
in the sexual assault field. No Peace Corps employee shall be a
member of the Council. The number of governmental experts
appointed to the Council shall not exceed the number of
nongovernmental experts.
(c) Functions; Meetings.--The Council shall meet not less
often than annually to review the sexual assault risk-reduction
and response training developed under section 8A, the sexual
assault policy developed under section 8B, and such other
matters related to sexual assault the Council views as
appropriate, to ensure that such training and policy is based
upon best practices in the sexual assault field.
(d) Reports.--Not later than one year after the date of the
enactment of this section, annually thereafter for four years,
and every three years thereafter, the Council shall submit to
the President and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives a report on its findings based on the
reviews conducted pursuant to subsection (c).
(e) Federal Employees.--Members of the Council shall not be
considered employees of the United States Government for any
purpose and shall not receive compensation other than
reimbursement of travel expenses and per diem allowance.
(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
Sec. 8E. Volunteer Feedback and Peace Corps Review.--(a)
Monitoring and Evaluation.--The President shall establish
performance plans with performance elements and standards for
Peace Corps representatives and shall review the performance of
Peace Corps representatives not less than annually to determine
whether they have met these performance elements and standards.
Nothing in this subsection shall be construed as limiting the
discretion of the President to remove a Peace Corps
representative.
(b) Annual Volunteer Surveys.--The President shall annually
conduct a confidential survey of volunteers regarding the
effectiveness of Peace Corps programs and staff and the safety
of volunteers. The results shall be provided in aggregate form
without identifying information to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(c) Peace Corps Inspector General.--The Inspector General
of the Peace Corps shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives the following:
(1) A biennial report on reports received from
volunteers relating to misconduct, mismanagement, or
policy violations of Peace Corps staff, any breaches of
the confidentiality of volunteers, and any actions
taken to assure the safety of volunteers who provide
such reports.
(2) A report, not later than two years after the date
of the enactment of this section and every three years
thereafter, evaluating the effectiveness and
implementation of the sexual assault risk-reduction and
response training developed under section 8A and the
sexual assault policy developed under section 8B. The
evaluation shall include a case review of a
statistically significant number of cases.
(3) A report, not later than two years after the date
of the enactment of this section, describing how Peace
Corps representatives are hired, how Peace Corps
representatives are terminated, and how Peace Corps
representatives hire staff, including an assessment of
the implementation of subsection (a).
Sec. 8F. Nondisclosure of Confidential or Private
Information.-- The President shall establish and maintain a
process to allow volunteers to report incidents of misconduct
or mismanagement, or violations of any policy, of the Peace
Corps in order to protect the confidentiality and safety of
such volunteers and of the information reported, and to ensure
that such information is acted on appropriately. The President
shall train all volunteers and staff about this process.
Sec. 8G. Reporting Requirements.--(a) In General.--The
President shall annually submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives a report
summarizing information on--
(1) sexual assault of volunteers;
(2) other crimes against volunteers; and
(3) the annual rate of early termination of
volunteers, including demographic data associated with
such early termination.
(b) GAO.--Not later than one year after the date of the
enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives a report
evaluating the quality and accessibility of health care
provided through the Department of Labor to returned volunteers
upon their separation from the Peace Corps.
(c) Access to Communications.--
(1) In general.--The President shall determine the
level of access to communication, including cellular
and Internet access, of each volunteer.
(2) Report.--Not later than six months after the date
of the enactment of this section, the President shall
submit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives a report
on the costs of providing all volunteers with access to
adequate communication, including cellular service and
Internet access.
* * * * * * *
Sec. 10. General Powers and Authorities.-- (a) In the
furtherance of the purposes of this Act, the President may--
* * * * * * *
(5) contract with individuals for personal services
abroad, and with aliens (abroad or within the United
States) for personal services within the United States:
Provided, That no such person shall be deemed an
officer or employee or otherwise in the service or
employment of the United States Government for [any
purpose] the purposes of any law administered by the
Office of Personnel Management.