117th CONGRESS 2d Session |
To amend the Peace Corps Act by reauthorizing the Peace Corps, providing better support for current, returning, and former volunteers, and for other purposes.
June 23, 2022
Mr. Menendez (for himself, Mr. Risch, Mr. Cardin, Mr. Young, Mrs. Shaheen, and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
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,
(a) Short title.—This Act may be cited as the “Peace Corps Reauthorization Act of 2022”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Funding for the Peace Corps; Integration of information age volunteer opportunities.
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. Protection of Peace Corps volunteers against reprisal or retaliation.
Sec. 10. Peace Corps National Advisory Council.
Sec. 11. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State.
Sec. 12. Clarification regarding eligibility of United States nationals.
Sec. 13. Workers compensation for Peace Corps volunteers.
Sec. 14. Sexual Assault Advisory Council.
Sec. 15. Suspension without pay.
Sec. 16. Technical and conforming amendments.
Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended—
(A) by striking paragraph (1) and inserting the following:
“(1) There is authorized to be appropriated $410,500,000 for each of the fiscal years 2023 through 2027 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).
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, and”;
(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 heath 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”;
(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”.
(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 return 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.
“(r) Suspension of payments and accrual of interest on Federal loans during service.—
“(1) IN GENERAL.—If a volunteer received a Federal loan held by the Department of Education under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.) before commencing service in the Peace Corps—
“(A) all payments due for such loans shall be suspended; and
“(B) interest shall not accrue on such loan for the duration of such service.
“(2) DEFERMENT OR FORBEARANCE.—Notwithstanding any other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary of Education shall deem each month for which a loan payment was—
“(A) suspended under this section; or
“(B) subject to a deferment or forbearance under the Higher Education Act of 1965, as if the borrower of the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program authorized under part B or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.) for which the borrower would have otherwise qualified.”.
(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”.
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 under 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) Returned volunteers, including those whose period of service is subject to early termination as the result of an emergency, shall receive, upon termination of their service with the Peace Corps, 60 days of short term non-service-related health insurance for transition and travel, during which they will be—
“(A) given an opportunity to extend such transitional health insurance for 1 additional month, at their expense; and
“(B) advised to obtain health insurance coverage through a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act (42 U.S.C. 18021)).
“(6) 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 navigators or health care option identification services available through the public and private sectors;
“(B) the qualified health plans (as defined in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a))) offered through an Exchange established under title I of such Act, including the enrollment periods for enrolling such plans; and
“(C) if such volunteer is 25 years of age or younger, 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.
“(7) Paragraphs (5) and (6) shall apply to volunteers whose periods of service are subject to early termination.”.
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:
“(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 2022, the Director shall establish a comprehensive policy to ensure Peace Corps volunteers who require hygiene products are able to access such products.”.
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 2022, shall remain in effect and have the full force and effect of law.
“(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 2022, 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 Corp 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.”.
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 2022, 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 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 2 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.”.
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.
“(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 administration 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.”.
Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended—
(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.”;
(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.”.
(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, 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.
(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.
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”.
Section 8142(c) of title 5, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:
“(1) a volunteer injured on or after the date of the enactment of the Peace Corps Reauthorization Act of 2022 is deemed to be receiving monthly pay at the rate for GS–7, step 5;
“(2) (A) a volunteer or former volunteer whose injury occurred before the date of the enactment of the Peace Corps Reauthorization Act of 2022 shall have their disability compensation prospectively adjusted so that they are deemed receiving monthly pay at the rate for GS–7, step 5, unless such adjustment would result in a reduction of compensation payable;
“(B) benefits paid under section 8133 due to a death occurring before such date of enactment shall be prospectively adjusted to reflect the volunteer’s deemed receiving monthly pay at the rate for GS–7, step 5; and
“(C) nothing in this subsection may be construed to authorize the retroactive adjustment to the rate for GS–7, step 5 for compensation payable for any period before such date of enactment.”.
(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, 2027”.
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.”.
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:
“(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. 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
(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
(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.)”;
(A) by striking “he” each place such term appears and inserting “the volunteer”; and
(B) by striking “his” and inserting “the volunteer’s”;
(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”.