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[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.

                                  
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