Peace Corps Reauthorization Act of 2023
This bill reauthorizes the Peace Corps program through FY2028 and requires or authorizes various policies for the Peace Corps program. For example, the bill
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1203 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1203
To amend the Peace Corps Act by reauthorizing the Peace Corps,
providing better support for current, returning, and former volunteers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Menendez (for himself, Mr. Risch, Mr. Cardin, Mr. Crapo, Mrs.
Feinstein, and Mr. Young) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Peace Corps Act by reauthorizing the Peace Corps,
providing better support for current, returning, and former volunteers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Peace Corps
Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Readjustment allowances for volunteers and volunteer leaders.
Sec. 4. Restoration of volunteer opportunities for major disruptions to
volunteer service.
Sec. 5. Health care continuation for Peace Corps volunteers.
Sec. 6. Access to antimalarial drugs and hygiene products for Peace
Corps volunteers.
Sec. 7. Codification of certain Executive orders relating to existing
noncompetitive eligibility Federal hiring
status for returning volunteers and
extension of the period of such status.
Sec. 8. Extension of period of existing noncompetitive eligibility
Federal hiring status for returning
volunteers.
Sec. 9. Comprehensive illegal drug use policy with respect to Peace
Corps volunteers.
Sec. 10. Protection of Peace Corps volunteers against reprisal or
retaliation.
Sec. 11. Peace Corps National Advisory Council.
Sec. 12. Memorandum of Agreement with Bureau of Diplomatic Security of
the Department of State.
Sec. 13. Clarification regarding eligibility of United States
nationals.
Sec. 14. Sexual Assault Advisory Council.
Sec. 15. Suspension without pay.
Sec. 16. Oceania Peace Corps partnerships.
Sec. 17. Reports.
Sec. 18. Technical and conforming amendments.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended--
(1) in subparagraph (b)--
(A) by amending paragraph (1) to read as follows:
``(1) There is authorized to be appropriated $410,500,000
for each of the fiscal years 2024 through 2028 to carry out
this Act.''; and
(B) in paragraph (2), by striking ``that fiscal
year and the subsequent fiscal year'' and inserting
``obligation until the last day of the subsequent
fiscal year''; and
(2) by redesignating subsection (h) as subsection (e).
SEC. 3. READJUSTMENT ALLOWANCES FOR VOLUNTEERS AND VOLUNTEER LEADERS.
Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended--
(1) in subsection (b), by striking ``insure their health''
and inserting ``ensure their safety, their health,'';
(2) in subsection (c)--
(A) by striking ``$125'' and inserting ``$375'';
(B) by striking ``his'' each place such term
appears and inserting ``the volunteer's''; and
(C) by striking ``he'' and inserting ``the
volunteer'';
(3) by redesignating subsection (e) as subsection (d);
(4) by inserting after subsection (d), as redesignated, the
following:
``(e) The Director shall consult with health experts outside of the
Peace Corps, including experts licensed in the field of mental health,
and follow guidance by the Centers for Disease Control and Prevention
regarding the prescription of medications to volunteers.'';
(5) in subsection (h), by striking ``he'' and inserting
``the President'';
(6) in subsection (n)(2)--
(A) by striking ``subsection (e)'' each place such
term appears and inserting ``subsection (d)''; and
(B) by striking ``he'' and inserting ``the
President''; and
(7) in subsection (o), by striking ``his'' each place such
term appears and inserting ``the volunteer's''.
SEC. 4. RESTORATION OF VOLUNTEER OPPORTUNITIES FOR MAJOR DISRUPTIONS TO
VOLUNTEER SERVICE.
(a) In General.--Section 5 of the Peace Corps Act (22 U.S.C. 2504),
as amended by section 3 of this Act, is further amended by adding at
the end the following:
``(q) Disruption of Service Protocols.--
``(1) In general.--The Director shall establish processes
for the safe return to service of returning Peace Corps
volunteers whose service is interrupted due to mandatory
evacuations of volunteers due to catastrophic events or global
emergencies of unknowable duration, which processes shall
include--
``(A) the establishment of monitoring and
communications systems, protocols, safety measures,
policies, and metrics for determining the appropriate
approaches for restoring volunteer opportunities for
evacuated returned volunteers whose service is
interrupted by a catastrophic event or global
emergency; and
``(B) streamlining, to the fullest extent
practicable, application requirements for the return to
service of such volunteers.
``(2) Return to service.--Beginning on the date on which
any volunteer described in paragraph (1) returns to service,
the Director shall strive to afford evacuated volunteers, to
the fullest extent practicable, the opportunity--
``(A) to return to their previous country of
service, except for Peace Corps missions in China; and
``(B) to continue their service in the most needed
sectors within the country in which they had been
serving immediately before their evacuation due to a
catastrophic event or global emergency, except for
Peace Corps missions in China.''.
(b) Medical Personnel.--Section 5A(b) of the Peace Corps Act (22
U.S.C. 2504a(b)) is amended, in the matter preceding paragraph (1), by
inserting ``, mental health professionals'' after ``medical officers''.
(c) Volunteer Leaders.--Section 6 of the Peace Corps Act (22 U.S.C.
2505) is amended--
(1) in paragraph (1), by striking ``$125'' and inserting
``$375''; and
(2) in paragraph (3), by striking ``he'' and inserting
``the President''.
SEC. 5. HEALTH CARE CONTINUATION FOR PEACE CORPS VOLUNTEERS.
Section 5(d) of the Peace Corps Act, as redesignated by section
3(3) of this Act, is amended to read as follows:
``(d)(1) Volunteers shall receive such health care during their
service as the Director considers necessary or appropriate, including,
if necessary, services described in section 8B.
``(2) Applicants for enrollment shall receive such health
examinations preparatory to their service, and applicants for
enrollment who have accepted an invitation to begin a period of
training under section 8(a) shall receive, preparatory to their
service, such immunization, dental care, and information regarding
prescription options and potential interactions, as may be necessary
and appropriate and in accordance with subsection (f).
``(3) Returned volunteers shall receive the health examinations
described in paragraph (2) during the 6-month period immediately
following the termination of their service, including services provided
in accordance with section 8B (except that the 6-month limitation shall
not apply in the case of such services), as the Director determines
necessary or appropriate.
``(4) Subject to such conditions as the Director may prescribe, the
health care described in paragraphs (1) through (3) for serving
volunteers, applicants for enrollment, or returned volunteers may be
provided in any facility of any agency of the United States Government,
and in such cases the amount expended for maintaining and operating
such facility shall be reimbursed from appropriations available under
this Act. Health care may not be provided under this subsection in a
manner that is inconsistent with the Assisted Suicide Funding
Restriction Act of 1997 (Public Law 105-12).
``(5) Not later than 30 days before the date on which the period of
service of a volunteer terminates, or 30 days after such termination
date if such termination is the result of an emergency, the Director,
in consultation with the Secretary of Health and Human Services, shall
provide detailed information to such volunteer regarding options for
health care after termination other than health care provided by the
Peace Corps, including information regarding--
``(A) how to find additional, detailed information,
including information regarding--
``(i) the application process and eligibility
requirements for medical assistance through a State
Medicaid plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or under a waiver of such
plan; and
``(ii) health care option identification services
available through the public and private sectors;
``(B) where detailed information on health plans may be
obtained; and
``(C) if such volunteer is younger than 26 years of age,
the eligibility of such volunteer to enroll as a dependent
child in a group health plan or health insurance coverage in
which the parent of such volunteer is enrolled in such plan or
coverage offers such dependent coverage.
``(6) Paragraph (5) shall apply to volunteers whose periods of
service are subject to early termination.''.
SEC. 6. ACCESS TO ANTIMALARIAL DRUGS AND HYGIENE PRODUCTS FOR PEACE
CORPS VOLUNTEERS.
Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is amended--
(1) by striking subsections (c) and (e);
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (b) the following:
``(c) Antimalarial Drugs.--
``(1) In general.--The Director shall consult with experts
at the Centers for Disease Control and Prevention regarding
recommendations for prescribing malaria prophylaxis, in order
to provide the best standard of care within the context of the
Peace Corps environment.
``(2) Certain training.--The Director shall ensure that
each Peace Corps medical officer serving in a malaria-endemic
country receives training in the recognition of the side
effects of such medications.
``(3) Consultation.--The Director shall consult with the
Assistant Secretary of Defense for Health Affairs regarding the
policy of using mefloquine in the field as an antimalarial
prophylactic.
``(d) Access to Hygiene Products.--Not later than 180 days after
the date of the enactment of the Peace Corps Reauthorization Act of
2023, the Director shall establish a comprehensive policy to ensure
Peace Corps volunteers who require hygiene products are able to access
such products.''.
SEC. 7. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING TO EXISTING
NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING STATUS FOR
RETURNING VOLUNTEERS AND EXTENSION OF THE PERIOD OF SUCH
STATUS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5A the following:
``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.
``(a) In General.--Subject to subsection (b), Executive Order 11103
(22 U.S.C. 2504 note; relating to Providing for the Appointment of
Former Peace Corps Volunteers to the Civilian Career Services), as
amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the
Civil Service Commission and Labor-Management in the Federal Service),
as in effect on the day before the date of the enactment of the Peace
Corps Reauthorization Act of 2023, shall remain in effect and have the
full force and effect of law.
``(b) Period of Eligibility.--
``(1) Definitions.--In this subsection:
``(A) Executive agency.--the term `Executive
agency'--
``(i) has the meaning given such term in
section 105 of title 5, United States Code;
``(ii) includes the United States Postal
Service and the Postal Regulatory Commission;
and
``(iii) does not include the Government
Accountability Office.
``(B) Hiring freeze.--The term `hiring freeze'
means any memorandum, Executive order, or other action
by the President that prohibits an Executive agency
from filling vacant Federal civilian employee positions
or creating new such positions.
``(2) In general.--The period of eligibility for
noncompetitive appointment to the civil service provided to an
individual under subsection (a), including any individual who
is so eligible on the date of the enactment of the Peace Corps
Reauthorization Act of 2023, shall be extended by the total
number of days, during such period, that--
``(A) a hiring freeze for civilian employees of the
executive branch is in effect by order of the President
with respect to any Executive agency at which the
individual has applied for employment;
``(B) there is a lapse in appropriations with
respect to any Executive agency at which the individual
has applied for employment; or
``(C) the individual is receiving disability
compensation under section 8142 of title 5, United
States Code, based on the individual's service as a
Peace Corps volunteer, retroactive to the date the
individual applied for such compensation.
``(3) Applicability.--The period of eligibility for
noncompetitive appointment status to the civil service under
subsection (a) shall apply to a Peace Corps volunteer--
``(A) whose service ended involuntarily as a result
of a suspension of volunteer operations by the
Director, but may not last longer than 1 year after the
date on which such service ended involuntarily; or
``(B) who re-enrolls as a volunteer in the Peace
Corps after completion of a term of service.''.
SEC. 8. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY
FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5B, as added by section 7 of this Act, the
following:
``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY
FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.
``(a) In General.--Subject to section 5B, Executive Order 11103 (22
U.S.C. 2504 note; relating to Providing for the Appointment of Former
Peace Corps Volunteers to the Civilian Career Services), as amended by
Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service
Commission and Labor-Management in the Federal Service), as in effect
on the day before the date of the enactment of the Peace Corps
Reauthorization Act of 2023, shall remain in effect and have the full
force and effect of law.
``(b) Noncompetitive Eligibility Federal Hiring Status.--Subject to
subsection (d), any volunteer whose Peace Corps service was terminated
after April 1, 2020, and who has been certified by the Director as
having satisfactorily completed a full term of service, may be
appointed not later than 2 years after completion of qualifying service
to a position in any United States department, agency, or establishment
in the competitive service under title 5, United States Code, without
competitive examination, in accordance with such regulations and
conditions as may be prescribed by the Director of the Office of
Personnel Management.
``(c) Extension.--The appointing authority may extend the
noncompetitive appointment eligibility under subsection (b) to not more
than 3 years after a volunteer's separation from the Peace Corps if the
volunteer, following such service, was engaged in--
``(1) military service;
``(2) the pursuit of studies at a recognized institution of
higher learning; or
``(3) other activities which, in the view of the appointing
authority, warrant an extension of such eligibility.
``(d) Exception.--The appointing authority may not extend the
noncompetitive appointment eligibility under subsection (b) to any
volunteer who chooses to be subject to early termination.''.
SEC. 9. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE
CORPS VOLUNTEERS.
(a) In General.--The Peace Corps Act (22 U.S.C. 2501 et seq.) is
amended by inserting after section 8I (22 U.S.C. 2507i) the following:
``SEC. 8J. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE
CORPS VOLUNTEERS.
``(a) In General.--The Director shall develop and implement a
comprehensive drug use policy with respect to Peace Corps volunteers.
The policy shall--
``(1) establish a zero tolerance policy regarding volunteer
or trainee involvement with illegal drugs; and
``(2) require that every case of volunteer or trainee
illegal drug involvement be brought immediately to the
attention of relevant Peace Corps leadership, including the
Director, and be reported expeditiously by the Peace Corps to
the Office of the Inspector General.
``(b) Consultation.--In developing the policy described in
subsection (a), the Director may consult with and incorporate, as
appropriate, the recommendations and views of experts in the field of
substance abuse, and shall consult with the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives describing the illegal drug use policy
developed and implemented under section 8J of the Peace Corps Act, as
added by subsection (a).
SEC. 10. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST REPRISAL OR
RETALIATION.
Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by
adding at the end the following:
``(d) Prohibition Against Reprisal or Retaliation.--
``(1) Definitions.--In this subsection:
``(A) Covered official or office.--The term
`covered official or office' means--
``(i) any Peace Corps employee, including
an employee of the Office of Inspector General;
``(ii) a Member of Congress or a designated
representative of a committee of Congress;
``(iii) an Inspector General (other than
the Inspector General for the Peace Corps);
``(iv) the Government Accountability
Office;
``(v) any authorized official of the
Department of Justice or other Federal law
enforcement agency; and
``(vi) a United States court, including any
Federal grand jury.
``(B) Relief.--The term `relief' includes all
affirmative relief necessary to make a volunteer whole,
including monetary compensation, equitable relief,
compensatory damages, and attorney fees and costs.
``(C) Reprisal or retaliation.--The term `reprisal
or retaliation' means taking, threatening to take, or
initiating adverse administrative action against a
volunteer because the volunteer made a report described
in subsection (a) or otherwise disclosed to a covered
official or office any information pertaining to waste,
fraud, abuse of authority, misconduct, mismanagement,
violations of law, or a significant threat to health
and safety, if the activity or occurrence complained of
is based upon the reasonable belief of the volunteer.
``(2) In general.--The Director of the Peace Corps shall
take all reasonable measures, including through the development
and implementation of a comprehensive policy, to prevent and
address reprisal or retaliation against a volunteer by any
Peace Corps officer or employee, or any other person with
supervisory authority over the volunteer during the volunteer's
period of service.
``(3) Reporting and investigation; relief.--
``(A) In general.--A volunteer may report a
complaint or allegation of reprisal or retaliation--
``(i) directly to the Inspector General of
the Peace Corps, who may conduct such
investigations and make such recommendations
with respect to the complaint or allegation as
the Inspector General considers appropriate;
and
``(ii) through other channels provided by
the Peace Corps, including through the process
for confidential reporting implemented pursuant
to subsection (a).
``(B) Relief.--The Director of the Peace Corps--
``(i) may order any relief for an
affirmative finding of a proposed or final
resolution of a complaint or allegation of
reprisal or retaliation in accordance with
policies, rules, and procedures of the Peace
Corps; and
``(ii) shall ensure that such relief is
promptly provided to the volunteer.
``(4) Appeal.--
``(A) In general.--A volunteer may submit an appeal
to the Director of the Peace Corps of any proposed or
final resolution of a complaint or allegation of
reprisal or retaliation.
``(B) Rule of construction.--Nothing in this
paragraph may be construed to affect any other right of
recourse a volunteer may have under any other provision
of law.
``(5) Notification of rights and remedies.--The Director of
the Peace Corps shall ensure that volunteers are informed in
writing of the rights and remedies provided under this section.
``(6) Dispute mediation.--The Director of the Peace Corps
shall offer the opportunity for volunteers to resolve disputes
concerning a complaint or allegation of reprisal or retaliation
through mediation in accordance with procedures developed by
the Peace Corps.
``(7) Volunteer cooperation.--The Director of the Peace
Corps may take such disciplinary or other administrative
action, including termination of service, with respect to a
volunteer who unreasonably refuses to cooperate with an
investigation into a compliant or allegation of reprisal or
retaliation conducted by the Inspector General of the Peace
Corps.''.
SEC. 11. PEACE CORPS NATIONAL ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``(subject to subsection (d)(1)) conduct on-
site inspections, and make examinations, of the
activities of the Peace Corps in the United States and
in other countries in order to'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by redesignating subparagraph (D) as
subparagraph (G); and
(D) by inserting after subparagraph (C) the
following:
``(D) make recommendations for utilizing the
expertise of returned Peace Corps volunteers in
fulfilling the goals of the Peace Corps;
``(E) make recommendations on strengthening
diversity, equity, inclusion, and accessibility
principles in the workforce and daily work of the Peace
Corps, including by--
``(i) increasing the recruitment of
volunteers from diverse backgrounds and better
supporting such volunteers during their
training and enrollment in the Peace Corps;
``(ii) increasing and sustaining a diverse
and inclusive workforce through data
collection, anti-harassment and anti-
discrimination measures, recruitment,
retention, professional development, and
promotion and leadership initiatives that also
consider the work and roles of contractors;
``(iii) ensuring that advisory committees
and boards represent the diversity of the
agency; and
``(iv) increasing opportunities in
operations, programming, and procurement
through work with partners and communities that
are underrepresented or traditionally
marginalized;
``(F) make recommendations to reduce any financial
barriers to application, training, or enrollment in the
Peace Corps, including medical expenses and other out-
of-pocket costs; and'';
(2) in subsection (c), by amending paragraph (2) to read as
follows:
``(2)(A) The Council shall be composed of 7 members who are United
States citizens and are not being paid as officers or employees of the
Peace Corps or of any other United States Government entity.
``(B) Of the 7 members of the Council--
``(i) 1 member shall be appointed by the President;
``(ii) 3 members shall be appointed by the President pro
tempore of the Senate, of which--
``(I) 2 members shall be appointed upon the
recommendation of the leader in the Senate of the
political party that is not the political party of the
President;
``(II) 1 member shall be appointed upon the
recommendation of the leader in the Senate of the
political party of the President; and
``(III) at least 2 members shall be former Peace
Corps volunteers; and
``(iii) 3 members shall be appointed by the Speaker of the
House of Representatives, of which--
``(I) 2 members shall be appointed upon the
recommendation of the leader in the House of
Representatives of the political party that is not the
political party of the President;
``(II) 1 member shall be appointed upon the
recommendation of the leader in the House of
Representatives of the political party of the
President; and
``(III) at least 2 members shall be former Peace
Corps volunteers.
``(C) Council members shall be appointed to 2-year terms. No member
of the Council may serve for more than 2 consecutive 2-year terms.
``(D) Not later than 30 days after any vacancy occurs on the
Council, the Director shall appoint an individual to fill such vacancy.
Any Council member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed--
``(i) shall be appointed for the remainder of such term;
and
``(ii) may only serve on the Council for 1 additional 2-
year term.
``(E)(i) Except as provided in clause (ii), Council members shall
not be subject to laws relating to Federal employment, including laws
relating to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
``(ii) Notwithstanding clause (i), Council members shall be deemed
to be Federal employees for purposes of--
``(I) chapter 81 of title 5, United States Code (relating
to compensation for work-related injuries);
``(II) chapter 11 of title 18, United States Code (relating
to conflicts of interest);
``(III) chapter 171 of title 28, United States Code
(relating to tort claims); and
``(IV) section 3721 of title 31 (relating to claims for
damage to, or loss of, personal property incident to service).
``(F) Council members shall serve at the pleasure of the Director.
The Council may remove a member from the Council by a vote of 5 members
if the Council determines that such member--
``(i) committed malfeasance in office;
``(ii) persistently neglected, or was unable to
successfully discharge, his or her duties on the Council; or
``(iii) committed an offense involving moral turpitude.'';
(3) in subsection (g)--
(A) by striking ``and at its first regular meeting
in each calendar year thereafter'' and inserting ``at
its first meeting each subsequent calendar year''; and
(B) by adding at the end the following: ``The Chair
and Vice Chair shall each serve in such capacity for a
period not to exceed 2 years. The Director may renew
the term of members appointed as Chair and Vice Chair
under this subsection.'';
(4) in subsection (h), by amending paragraph (1) to read as
follows:
``(1) The Council shall hold 1 regular meeting per quarter of each
calendar year at a date and time to be determined by the Chair of the
Council or at the call of the Director.''; and
(5) by adding at the end the following:
``(k) Independence of Inspector General.--None of the activities or
functions of the Council authorized under subsection (b)(2) may
undermine the independence or supersede the duties of the Inspector
General of the Peace Corps.''.
SEC. 12. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC SECURITY OF
THE DEPARTMENT OF STATE.
(a) Quinquennial Review and Update.--Not later than 180 days after
the date of the enactment of this Act, and at least once every 5 years
thereafter, the Director of the Peace Corps and the Assistant Secretary
of State for Diplomatic Security shall--
(1) review the Memorandum of Agreement between the Bureau
of Diplomatic Security of the Department of State and the Peace
Corps regarding security support and protection of Peace Corps
volunteers, and staff members abroad; and
(2) update such Memorandum of Agreement, as appropriate.
(b) Notification.--
(1) In general.--The Director of the Peace Corps and the
Assistant Secretary of State for Diplomatic Security shall
jointly submit any update to the Memorandum of Agreement under
subsection (a) to--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Timing of notification.--Each written notification
submitted pursuant to paragraph (1) shall be submitted not
later than 30 days before the update referred to in such
paragraph takes effect.
SEC. 13. CLARIFICATION REGARDING ELIGIBILITY OF UNITED STATES
NATIONALS.
The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this
Act, is further amended--
(1) in section 7(a)(5) (22 U.S.C. 2506(a)(5)), by striking
``United States citizens'' each place such term appears and
inserting ``United States nationals of American Samoa and
citizens of the United States'';
(2) in section 8(b) (22 U.S.C. 2507(b)), by inserting
``United States nationals of American Samoa and'' after
``training for'';
(3) in section 10(b) (22 U.S.C. 2509(b)), striking ``any
person not a citizen or resident of the United States'' and
inserting ``any person who is not a United States national of
American Samoa nor a citizen or resident of the United
States''; and
(4) in section 12(g) (22 U.S.C. 2511(g), by inserting
``United States nationals of American Samoa or'' after ``who
are''.
SEC. 14. SEXUAL ASSAULT ADVISORY COUNCIL.
(a) Report and Extension of the Sexual Assault Advisory Council.--
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Reports.--On an annual basis through the date specified in
subsection (g), the Council shall submit a report to the Director of
the Peace Corps, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes its
findings based on the reviews conducted pursuant to subsection (c) and
includes relevant recommendations. Each such report shall be made
publicly available.''; and
(2) in subsection (g), by striking ``October 1, 2023'' and
inserting ``October 1, 2028''.
SEC. 15. SUSPENSION WITHOUT PAY.
Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended by
inserting after subsection (a) the following:
``(b) Suspension Without Pay.--(1) The Peace Corps may suspend
(without pay) any employee appointed or assigned under this section if
the Director has determined that the employee engaged in serious
misconduct that could impact the efficiency of the service and could
lead to removal for cause.
``(2) Any employee for whom a suspension without pay is proposed
under this subsection shall be entitled to--
``(A) written notice stating the specific reasons for such
proposed suspension;
``(B)(i) up to 15 days to respond orally or in writing to
such proposed suspension if the employee is assigned in the
United States; or
``(ii) up to 30 days to respond orally or in writing to
such proposed suspension if the employee is assigned outside of
the United States;
``(C) representation by an attorney or other
representative, at the employee's own expense;
``(D) a written decision, including the specific reasons
for such decision, as soon as practicable;
``(E) a process through which the employee may submit an
appeal to the Director of the Peace Corps not later than 10
business days after the issuance of a written decision; and
``(F) a final decision personally rendered by the Director
of the Peace Corps not later than 30 days after the receipt of
such appeal.
``(3) Notwithstanding any other provision of law, a final decision
under paragraph (2)(F) shall be final and not subject to further
review.
``(4) If the Director fails to establish misconduct by an employee
under paragraph (1) and no disciplinary action is taken against such
employee based upon the alleged grounds for the suspension, the
employee shall be entitled to reinstatement, back pay, full benefits,
and reimbursement of attorney fees of up to $20,000.''.
SEC. 16. OCEANIA PEACE CORPS PARTNERSHIPS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Peace Corps shall submit a
report to Congress containing strategies for reasonably and safely
expanding the number of Peace Corps volunteers in the Indo-Pacific
countries of Oceania, with the goals of--
(1) expanding the presence of the Peace Corps to all
currently feasible locations in the Indo-Pacific countries of
Oceania; and
(2) working with regional and international partners of the
United States to expand the presence of Peace Corps volunteers
in low-income communities in the Indo-Pacific countries of
Oceania in support of climate resilience initiatives.
(b) Elements.--The report required under subsection (a) shall--
(1) assess the factors contributing to the current absence
of the Peace Corps and its volunteers in the Indo-Pacific
countries of Oceania;
(2) examine potential remedies that include working with
United States Government agencies and regional governments,
including governments of United States allies--
(A) to increase the health infrastructure and
medical evacuation capabilities of the Indo-Pacific
countries of Oceania to better support the safety of
Peace Corps volunteers while in those countries;
(B) to address physical safety concerns that have
decreased the ability of the Peace Corps to operate in
the Indo-Pacific countries of Oceania; and
(C) to increase transportation infrastructure in
the Indo-Pacific countries of Oceania to better support
the travel of Peace Corps volunteers and their access
to necessary facilities;
(3) evaluate the potential to expand the deployment of
Peace Corps Response volunteers to help the Indo-Pacific
countries of Oceania address social, economic, and development
needs of their communities that require specific professional
expertise; and
(4) explore potential new operational models to address
safety and security needs of Peace Corps volunteers in the
Indo-Pacific countries of Oceania, including--
(A) changes to volunteer deployment durations; and
(B) scheduled redeployment of volunteers to
regional or United States-based healthcare facilities
for routine physical and behavioral health evaluation.
(c) Volunteers in Low-Income Oceania Communities.--
(1) In general.--In examining the potential to expand the
presence of Peace Corps volunteers in low-income communities in
the Indo-Pacific countries of Oceania under subsection (a)(2),
the Director of the Peace Corps shall consider the development
of initiatives described in paragraph (2).
(2) Initiatives described.--Initiatives described in this
paragraph are volunteer initiatives that help the Indo-Pacific
countries of Oceania address social, economic, and development
needs of their communities, including by--
(A) addressing, through appropriate resilience-
based interventions, the vulnerability that communities
in the Indo-Pacific countries of Oceania face as result
of extreme weather, severe environmental change, and
other climate related trends; and
(B) improving, through smart infrastructure
principles, access to transportation and connectivity
infrastructure that will help address the economic and
social challenges that communities in the Indo-Pacific
countries of Oceania confront as a result of poor or
nonexistent infrastructure.
(d) Indo-Pacific Countries of Oceania Defined.--The term ``Indo-
Pacific countries of Oceania'' means Fiji, Kiribati, Republic of the
Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Samoa,
Solomon Islands, Tonga, Tuvalu, and Vanuatu.
SEC. 17. REPORTS.
(a) Report on Mental Health Evaluation Standards.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director of the Peace Corps
shall submit a report to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives containing the guidelines and standards used to
evaluate the mental health of Peace Corps applicants prior to
their Peace Corps service.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A detailed description of mental health
screening guidelines and evaluation standards used by
the Peace Corps to determine medical eligibility of
applicants for service, including a description of the
most common mental health conditions of applicants.
(B) Specific standards in the mental health
screening process that could lead to an applicant's
disqualification from service, and a description of how
these determinations are made.
(C) A description of any expedited mental health
clearance process for severe or recent symptom
presentation.
(D) A description of periods of stability related
to certain mental health conditions and symptoms
recommended prior to an applicant's clearance to serve.
(E) An assessment of the impact of updated mental
health evaluation guidance, including a comparison of
mental health related volunteer medevacs in years
before and after updated guidelines were implemented.
(F) A review of these screening guidelines,
conducted by a panel of certified and qualified medical
professionals in the United States, that evaluates
these standards based on scientific evidence and mental
health research and proposes relevant updates or
additions to current guidance.
(b) Report on Volunteer Medical Evacuations.--
(1) In general.--Not later than the first May 1 occurring
after the date of the enactment of this Act, and annually
thereafter for 5 years, the Director of the Peace Corps shall
submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives regarding volunteer medical and mental health
evacuations.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) The number of Peace Corps volunteer medical and
mental health evacuations during the previous year.
(B) A breakdown of these evacuations into medical
and mental health evacuation categories.
(C) The estimated cost of these evacuations for
each year, including a breakdown of costs between
medical and mental health evacuation categories.
SEC. 18. TECHNICAL AND CONFORMING AMENDMENTS.
The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this
Act, is further amended--
(1) by amending section 1 to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Peace Corps Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``TITLE I--THE PEACE CORPS
``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of purpose.
``Sec. 2A. Peace Corps as an independent agency.
``Sec. 3. Authorization.
``Sec. 4. Director of the Peace Corps and delegation of functions.
``Sec. 5. Peace Corps volunteers.
``Sec. 5A. Health care for volunteers at Peace Corps posts.
``Sec. 5B. Codification of Executive orders relating to noncompetitive
eligibility Federal hiring status for
returning volunteers.
``Sec. 5C. Extension of period of existing noncompetitive eligibility
Federal hiring status for returning
volunteers.
``Sec. 6. Peace Corps volunteer leaders.
``Sec. 7. Peace Corps employees.
``Sec. 8. Volunteer training.
``Sec. 8A. Sexual assault risk-reduction and response training.
``Sec. 8B. Sexual assault policy.
``Sec. 8C. Office of Victim Advocacy.
``Sec. 8D. Establishment of Sexual Assault Advisory Council.
``Sec. 8E. Volunteer feedback and Peace Corps review.
``Sec. 8F. Establishment of a policy on stalking.
``Sec. 8G. Establishment of a confidentiality protection policy.
``Sec. 8H. Removal and assessment and evaluation.
``Sec. 8I. Reporting requirements.
``Sec. 8J. Comprehensive illegal drug use policy with respect to Peace
Corps volunteers.
``Sec. 9. Participation of foreign nationals.
``Sec. 10. General powers and authorities.
``Sec. 11. Reports.
``Sec. 12. Peace Corps National Advisory Council.
``Sec. 13. Experts and consultants.
``Sec. 14. Detail of personnel to foreign governments and international
organizations.
``Sec. 15. Utilization of funds.
``Sec. 16. Foreign Currency Fluctuations Account.
``Sec. 17. Use of foreign currencies.
``Sec. 18. Activities promoting Americans' understanding of other
peoples.
``Sec. 19. Exclusive right to seal and name.
``Sec. 22. Security investigations.
``Sec. 23. Universal Military Training and Service Act.
``Sec. 24. Foreign language proficiency.
``Sec. 25. Nonpartisan appointments.
``Sec. 26. Definitions.
``Sec. 27. Construction.
``Sec. 28. Effective date.
``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT
``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS
``Sec. 301. '';
(2) in section 2(a) (22 U.S.C. 2501(a))--
(A) by striking ``help the peoples'' and inserting
``partner with the peoples''; and
(B) by striking ``manpower'' and inserting
``individuals'';
(3) in section 3 (22 U.S.C. 2502)--
(A) by redesignating subsection (h) as subsection
(e); and
(B) in subsection (e), as redesignated, by striking
``disabled people'' each place such term appears and
inserting ``people with disabilities'';
(4) in section 4(b) (22 U.S.C. 2503(b))--
(A) by striking ``him'' and inserting ``the
President'';
(B) by striking ``he'' and inserting ``the
Director''; and
(C) by striking ``of his subordinates'' and all
that follows through ``functions.'' and inserting
``subordinate of the Director the authority to perform
any such function.'';
(5) in section 5 (22 U.S.C. 2504)--
(A) in subsection (c), by striking ``: Provided,
however,'' and all that follows through ``the amount''
and inserting ``. Under such circumstances as the
President may determine, the accrued readjustment
allowance, or any part thereof, may be paid to the
volunteer, members of the volunteer's family, or
others, during the period of the volunteer's service,
or prior to the volunteer's return to the United
States. In the event of the volunteer's death during
the period of his service, the amount'';
(B) in subsection (h), by striking ``he may
determine'' and inserting ``the President may
determine''; and
(C) in subsection (o) by striking ``the date of his
departure'' and all that follows and inserting ``the
date of the volunteer's departure from the volunteer's
place of residence to enter training until not later
than 3 months after the termination of the volunteer's
service.'';
(6) in section 6(3) (22 U.S.C. 2505(3)), by striking by
striking ``he may determine'' and inserting ``the President may
determine'';
(7) in section 7 (22 U.S.C. 2506)--
(A) in subsection (a), by moving paragraphs (7) and
(8) 2 ems to the left; and
(B) in subsection (b), as redesignated, by striking
``in his discretion'' and inserting ``in the
President's discretion'';
(8) in section 8A (22 U.S.C. 2507a)--
(A) in subsection (c), by striking ``his or her''
and inserting ``the volunteer's'';
(B) in subsection (d)(2), by inserting ``the''
before ``information''; and
(C) in subsection (f)--
(i) in paragraph (2)(A), by striking ``his
or her'' each place such phrase appears and
inserting ``the volunteer's''; and
(ii) in paragraph (4)(A), by striking ``his
or her'' and inserting ``the person's'';
(9) in section 8C(a) (22 U.S.C. 2507c(a)), in the
subsection heading, by striking ``Victims'' and inserting
``Victim'';
(10) in section 8E (22 U.S.C. 2507e)--
(A) in subsection (b), by striking ``subsection
(c),,'' and inserting ``subsection (c),''; and
(B) in subsection (e)(1)(F), by striking ``Peace
Corp's mission'' and inserting ``Peace Corps'
mission'';
(11) in section 9 (22 U.S.C. 2508)--
(A) by striking ``under which he was admitted or
who fails to depart from the United States at the
expiration of the time for which he was admitted'' and
inserting ``under which such person was admitted or who
fails to depart from the United States at the
expiration of the period for which such person was
admitted''; and
(B) by striking ``Act proceedings'' and inserting
``Act. Removal proceedings'';
(12) in section 10 (22 U.S.C. 2509)--
(A) in subsection (b), by striking ``he may
prescribe'' and inserting ``the President may
prescribe'';
(B) in subsection (d), by striking ``section 3709
of the Revised Statutes of the United States, as
amended, section 302 of the Federal Property and
Administrative Services Act of 1949''; and by inserting
``sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2),
and 6101 of title 41, United States Code''; and
(C) in subsection (j), by striking ``of this
section.'';
(13) in section 12(d)(1)(b) (22 U.S.C. 2511(d)(1)(b)), by
striking ``his or her'' and inserting ``the member's'';
(14) in section 14 (22 U.S.C. 2513)--
(A) in subsection (a), by striking ``his agency''
and inserting ``such agency''; and
(B) in subsection (b)--
(i) by striking ``his allowance'' and
inserting ``the''; and
(ii) by striking ``he'';
(15) in section 15 (22 U.S.C. 2514)--
(A) in subsection (c), by striking ``that Act'' and
inserting ``that subchapter''; and
(B) in subsection (d)(7), by striking ``his
designee'' and inserting ``the Director's designee'';
(16) in section 19(a) (22 U.S.C. 2518(a)), by striking ``he
shall determine'' and inserting ``the President shall
determine'';
(17) in section 23 (22 U.S.C. 2520)--
(A) in the section heading, by striking ``universal
military training and service'' and inserting
``military selective service''; and
(B) by striking ``Universal Military Training and
Service Act'' and inserting ``Military Selective
Service Act (50 U.S.C. 3801 et seq.)'';
(18) in section 24--
(A) by striking ``he'' each place such term appears
and inserting ``the volunteer''; and
(B) by striking ``his'' and inserting ``the
volunteer's'';
(19) in section 26--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively;
(B) by inserting after paragraph (1) the following:
``(2) The term `Director' means the Director of the Peace
Corps.'';
(C) in paragraph (5), as redesignated, by striking
``he or she'' and inserting ``the medical officer'';
(D) in paragraph (7), as redesignated, by striking
``5(m)'' and inserting ``5(n)''; and
(E) in paragraph (10), as redesignated--
(i) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively; and
(ii) in subparagraph (A), as redesignated,
by striking ``section 5(f)'' and inserting
``section 5(e)''; and
(20) in section 301(a), by striking ``manpower'' each place
such term appears and inserting ``individuals''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported without amendment favorably.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Committee on Foreign Relations. Reported by Senator Menendez without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 150.
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