H.R. 1456 Text - Reported in House - 117th Congress (2021-2022)

Union Calendar No. 354

117th CONGRESS
2d Session

H. R. 1456

[Report No. 117–457, Part I]

To amend the Peace Corps Act to reauthorize the Peace Corps, better support current and returned volunteers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 1, 2021

Mr. Garamendi (for himself, Mr. Graves of Louisiana, Ms. Meng, Mrs. Radewagen, Mr. Phillips, Mr. Case, and Mr. Sires) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

September 9, 2022

Additional sponsors: Mrs. Napolitano, Mr. Tonko, Ms. Norton, Ms. Titus, Mr. Bishop of Georgia, Ms. Schakowsky, Mr. Gallego, Mr. Perlmutter, Mr. Beyer, Mr. Castro of Texas, Mr. Cicilline, Mr. Meeks, Mr. McGovern, Mr. Brown of Maryland, Ms. Moore of Wisconsin, Mr. Rush, Mr. Grijalva, Mr. Costa, Mr. Khanna, Mr. Blumenauer, Mr. Huffman, Mr. Harder of California, Mr. Sean Patrick Maloney of New York, Mr. Keating, Mr. Hastings, Ms. Brownley, Mr. Pallone, Mr. Levin of California, Mr. Connolly, Mr. Lynch, Mr. Payne, Mr. Courtney, Mr. Cohen, Mr. Higgins of New York, Ms. Wexton, Mr. Espaillat, Mr. Delgado, Mr. Swalwell, Mr. Van Drew, Ms. Bass, Ms. Kaptur, Mr. Trone, Mr. Sherman, Mr. Malinowski, Mr. Deutch, Ms. Clark of Massachusetts, Ms. McCollum, Ms. Sherrill, Mr. Jeffries, Ms. Eshoo, Ms. Jacobs of California, Mr. Crow, Mr. Cartwright, Mr. Kahele, Mr. Vargas, Mr. DeSaulnier, Mr. McNerney, Mr. Suozzi, Mr. Kim of New Jersey, Mr. Levin of Michigan, Ms. Matsui, Mr. Thompson of California, Mr. Norcross, Mr. Schiff, Ms. Speier, Mr. Bera, Ms. Jackson Lee, Mr. Allred, Mr. Larson of Connecticut, Mr. Neguse, Mr. Raskin, Ms. Wild, Ms. Escobar, Mr. Kilmer, Ms. Kuster, Mrs. Luria, Mr. Vicente Gonzalez of Texas, Ms. Sánchez, Ms. Manning, Mr. Pocan, Mr. Moulton, Ms. Pressley, Ms. Strickland, Ms. Chu, Ms. Craig, Mr. Lieu, Ms. Pingree, Ms. Schrier, Mrs. Trahan, Mr. Carson, Mr. Cooper, Mrs. Torres of California, Mr. Welch, Mrs. Axne, Mr. Schneider, Ms. Houlahan, Ms. Spanberger, Mr. Simpson, Ms. Omar, Mr. Morelle, Ms. Waters, Mr. Larsen of Washington, Mr. Butterfield, Ms. Adams, Ms. Davids of Kansas, Mr. Himes, Ms. Williams of Georgia, Mrs. Dingell, Mr. Peters, Mr. Evans, Ms. Leger Fernandez, and Mr. Katko

September 9, 2022

Reported from the Committee on Foreign Affairs with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

September 9, 2022

Committee on Education and Labor discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 1, 2021]

A BILL

To amend the Peace Corps Act to reauthorize the Peace Corps, better support current and returned 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 2022”.

(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; integration of information age Peace Corps volunteer opportunities.
Sec. 3. Readjustment allowances; expedited re-enrollment and transition assistance.
Sec. 4. Health care continuation for Peace Corps volunteers.
Sec. 5. Access to antimalarial drugs and menstrual products for Peace Corps volunteers.
Sec. 6. Codification of Executive Order 11103.
Sec. 7. Volunteers providing virtual services for the Peace Corps.
Sec. 8. Protection of Peace Corps volunteers against reprisal or retaliation.
Sec. 9. Comprehensive illegal drug use policy with respect to Peace Corps volunteers.
Sec. 10. Peace Corps National Advisory Council.
Sec. 11. Peace Corps volunteers serving within the United States at the request of another agency.
Sec. 12. Use of official seal, emblem, and name of the Peace Corps.
Sec. 13. Clarification regarding eligibility of United States nationals.
Sec. 14. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State.
Sec. 15. Reports to Congress.
Sec. 16. Workers compensation for Peace Corps volunteers.
Sec. 17. Technical and conforming edits.

SEC. 2. Authorization of appropriations; integration of information age Peace Corps volunteer opportunities.

Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “$270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002, and $365,000,000 for fiscal year 2003” and inserting “$450,000,000 for each of fiscal years 2021 and 2022, $500,000,000 for fiscal year 2023, and $550,000,000 for fiscal year 2024”; and

(B) in paragraph (2), by striking “that fiscal year and the subsequent fiscal year” and inserting “obligation and expenditure through the end of the subsequent fiscal year”;

(2) by redesignating subsection (h) as subsection (e); and

(3) by adding at the end the following new subsection:

“(f) In recognition of the transformative power of internet access in international development efforts, and, as exemplified by its virtual service pilot initiative, the Peace Corps shall be administered to—

“(1) give particular attention to the expansion of those programs, projects, training, and other activities that leverage the internet, as appropriate, for development, education, and social and economic mobility; and

“(2) develop positions for Peace Corps volunteers that include such programs, projects, training, and other activities.”.

SEC. 3. Readjustment allowances; expedited re-enrollment and transition assistance.

(a) Volunteers.—Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended—

(1) in the first sentence of subsection (b), by inserting “, safety,” after “health”;

(2) in subsection (c)—

(A) in the first sentence, by striking “$125” and inserting “$375”;

(B) by striking “his” each place it appears and inserting “the volunteer’s”; and

(C) by striking “he” and inserting “the volunteer”;

(3) by redesignating subsections (e) through (p) as subsections (d) through (o), respectively;

(4) by amending subsection (e), as so redesignated—

(A) in the subsection heading, by inserting “and mental health care” after “Prescription of medications”; and

(B) by inserting “concerning the mental health care provided to volunteers during their service,” after “experts licensed in the field of mental health,”;

(5) in subsection (f), as so redesignated, by striking “subsequent”;

(6) in subsection (g), as so redesignated, by striking “he” and inserting “the Director”;

(7) in subsection (m), as so redesignated—

(A) in paragraph (2)—

(i) by striking “subsection (e)” each place it appears and inserting “subsection (d)”; and

(ii) by striking “he” and inserting “the President”; and

(B) in paragraph (4), by striking “subsection (1)” and inserting “subsection (k)”;

(8) in subsection (n), as so redesignated, by striking “his” each place it appears and inserting “the volunteer’s”; and

(9) by adding at the end the following new subsections:

“(p) Notwithstanding any other provision of this section, with respect to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer or trainee, the Director of the Peace Corps shall—

“(1) waive such non-medical or non-security application requirements as the Director may determine for the re-enrollment of each such volunteer and trainee during the 2-year period beginning on the date of such involuntary end of service;

“(2) prioritize the medical clearance for each such volunteer and trainee to facilitate re-enrollment; and

“(3) permit each such volunteer and trainee, to the extent practicable and in consideration of the needs of overseas posts and the suitability of the volunteer or trainee to meet those needs, to resume the activity of each such volunteer and trainee at the time of the involuntary end of service.

“(q) The Director of the Peace Corps may authorize separation allowances, in amounts determined by the Director, to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer or trainee.”.

(b) 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)—

(A) by striking “he” and inserting “the Director”; and

(B) by striking “in section 5(e)” each place it appears and inserting “in section 5(d)”.

SEC. 4. Health care continuation for Peace Corps volunteers.

Subsection (d) of section 5 of the Peace Corps Act (22 U.S.C. 2504), as redesignated pursuant to section 4, is amended to read as follows:

“(d) (1) Volunteers and trainees shall receive such health care (including, if necessary, for volunteers and trainees, services under section 8B) during their service, as the Director of the Peace Corps may determine to be necessary or appropriate.

“(2) 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 8(a) shall receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (e).

“(3) Returned volunteers shall receive such health examinations within six months after termination of their service, including services provided in accordance with section 8B (except that the six-month limitation shall not apply in the case of such services).

“(4) Subject to such conditions 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 Act. Health care may not be provided under this subsection in a manner 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 two months of short-term non-service-related health insurance for transition and travel (SHIFTT), to provide coverage for a 60-day period within which such volunteer will be advised to obtain qualifying health insurance, and an opportunity to extend for an additional 1 month such SHIFTT insurance, at the expense of such volunteer.

“(6) Not later than 30 days before the date on which the period of service of a volunteer or trainee terminates, or 30 days after the date of such termination if such termination is the result of an emergency, the Director of the Peace Corps, in consultation with the Secretary of Health and Human Services, shall provide detailed information to such volunteer or trainee on options for health care after termination other than health care provided by the Peace Corps, including—

“(A) where additional, detailed information, including on the application process and eligibility requirements for medical assistance through State plans under title XIX of the Social Security Act (or waiver of State plans), may be obtained, including through external health care ‘navigators’ or health care option identification services available within the public and private sectors;

“(B) where detailed information on qualified health plans may be obtained, including through external health care ‘navigators’ or health care option identification services available within the public and private sectors; and

“(C) if such volunteer or trainee is 25 years of age or younger, detailed information regarding the eligibility of such volunteer or trainee to enroll as a dependent child in a group health plan or health insurance coverage in which the parent of such volunteer or trainee is enrolled if such plan or coverage offers such dependent coverage.”.

SEC. 5. Access to antimalarial drugs and menstrual 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 new subsections:

“(c) Antimalarial drugs.—

“(1) IN GENERAL.—The Director of the Peace Corps shall consult with experts at the Centers for Disease Control and Prevention regarding recommendations for prescribing malaria prophylaxis, and implement such recommendations to the extent practicable, in order to provide the best standard of care within the context of the Peace Corps environment.

“(2) CERTAIN TRAINING.—The Director of the Peace Corps 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.

“(d) Access to menstrual products.—

“(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this subsection, the Director of the Peace Corps shall establish a comprehensive policy to ensure Peace Corps volunteers who require menstrual products are able to access such products by—

“(A) increasing stipends for such volunteers to purchase such products; or

“(B) providing such volunteers with such products in the generic product types selected by such volunteer, if available in the country of service.

“(2) CONSIDERATION.—The policy required under paragraph (1) shall take into consideration the availability for purchase locally of menstrual products, the price of such products, and cultural norms regarding menstruation.

“(3) COST.—If stipends are increased pursuant to the policy required under paragraph (1), the Director of the Peace Corps shall ensure that such increase is sufficient to cover the average cost within the country of service of menstrual products required by volunteers.”; and

(4) in paragraph (1)(A) of subsection (e), as so redesignated, by inserting “, patient confidentiality standards” before “, and guidelines”.

SEC. 6. Codification of Executive Order 11103.

The Peace Corps Act is amended by inserting after section 5A (22 U.S.C. 2504a) the following new section:

“SEC. 5B. Codification of Executive Order 11103.

“(a) Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; 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 this section, shall remain in effect and have the full force and effect of law, consistent with subsection (b).

“(b) (1) The period of eligibility for noncompetitive appointment to the civil service provided to an individual by operation of subsection (a), including any individual who is so eligible on the date of the enactment of this section, shall be extended by the total number of days that, during such period—

“(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 their service as a Peace Corps volunteer, retroactive to the date the individual applied for such compensation.

“(2) The period of eligibility for noncompetitive appointment status to the civil service by operation of subsection (a) shall apply to a Peace Corps volunteer—

“(A) whose service ended involuntarily as the result of a suspension of volunteer operations by the Director of the Peace Corps, but shall not last longer than 12 months from 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.

“(3) In this subsection:

“(A) 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.

“(B) The term ‘Executive agency’ has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission, but does not include the Government Accountability Office.

“(c) Subject to subsection (b), Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; 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 this section, shall, except as set forth herein, remain in effect and have the full force and effect of law. In the event of a conflict between the language herein and Executive Order 11103, the language herein shall prevail.

“(d) Any volunteer whose service terminated after January 1, 2020, and who has been certified by the Director as having served satisfactorily as a volunteer under the Act may, for two years after their separation from the Peace Corps, 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 and in accordance with such regulations and conditions consistent with this subsection as may be prescribed by the Director of the Office of Personnel Management.”.

SEC. 7. Volunteers providing virtual services for the Peace Corps.

The Peace Corps Act is amended by inserting after section 5B, as added by section 6 of this Act, the following new section:

“SEC. 5C. Volunteers providing virtual services for the Peace Corps.

“(a) Declaration of policy.—Congress declares that the Peace Corps has a demonstrated ability to deliver information, training, and technical assistance virtually through the internet and other electronic means to communities abroad.

“(b) Authority.—The Director of the Peace Corps is authorized to recruit individuals, who may be located within the United States or third countries, to provide services virtually by electronic means to communities in host countries to flexibly meet the expressed needs of those countries.

“(c) Administrative provisions.—The Director of the Peace Corps—

“(1) may recruit, train, and accept, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals, especially those individuals who face barriers to serving physically in a host country, who shall serve on a part-time basis as virtual service volunteers to meet the expressed needs of host countries, such as information, training, and technical assistance, through the internet or other electronic or virtual means; and

“(2) may provide for incidental expenses of such individuals, as determined by the Director to be appropriate for the nature of the assignments.

“(d) Individuals not to be considered volunteers.—An individual who provides services under the authority of this section shall not be considered to be a volunteer for purposes of section 5 unless the Director of the Peace Corps requires the individual to physically serve in the host country on a temporary basis.

“(e) Individuals not to be considered federal employees.—An individual who provides services under the authority of this section shall not be considered a Federal employee except for the purposes described in section 5(h).”.

SEC. 8. 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 new subsection:

“(d) Prohibition against reprisal or retaliation.—

“(1) 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.

“(2) 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, and the Inspector General 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 required in 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 such relief is promptly provided to the volunteer.

“(3) APPEAL.—

“(A) IN GENERAL.—A volunteer may appeal to the Director of the Peace Corps 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.

“(4) 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.

“(5) 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.

“(6) STAFF MEMBER AND VOLUNTEER COOPERATION.—The Director of the Peace Corps may take such disciplinary or other administrative action, including termination of service or finding of ineligibility for re-employment or reinstatement, with respect to a staff member or volunteer who unreasonably refuses to cooperate with an investigation conducted by the Inspector General of the Peace Corps into a complaint or allegation of reprisal or retaliation.

“(7) DEFINITIONS.—In this subsection:

“(A) 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 pursuant to 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, whenever the activity or occurrence complained of is based upon the reasonable belief of the volunteer that it has taken place.

“(B) COVERED OFFICIAL OR OFFICE.—The term ‘covered official or office’ means any of the following:

“(i) Any Peace Corps employee, including an employee of the Office of Inspector General.

“(ii) A Member of Congress or a representative of a committee of Congress.

“(iii) An Inspector General (other than the Peace Corps Inspector General).

“(iv) The Government Accountability Office.

“(v) An authorized official of the Department of Justice or other law enforcement agency.

“(vi) A United States court or grand jury.”.

SEC. 9. Comprehensive illegal drug use policy with respect to Peace Corps volunteers.

The Peace Corps Act is amended by inserting after section 8I (22 U.S.C. 2507i) the following new section:

“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. Such 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.

“(c) Report.—Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the illegal drug use policy required to be developed and implemented under this section.”.

SEC. 10. Peace Corps National Advisory Council.

Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “the President and”;

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by striking “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”;

(ii) in subparagraph (C)—

(I) by striking “the President, the Director of the Peace Corps, and, as the Council considers appropriate, the Congress,” and inserting “the Director and, as the Council considers appropriate, the Congress”; and

(II) by striking “and” after the semicolon at the end;

(iii) by redesignating subparagraph (D) as subparagraph (G); and

(iv) by inserting after subparagraph (C) the following new subparagraphs:

“(D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps;

“(E) make recommendations for increasing recruitment of volunteers from diverse backgrounds and better supporting such volunteers during their training and enrollment in the Peace Corps;

“(F) make recommendations to reduce any financial barriers to application, training, or enrollment in the Peace Corps, including a volunteer’s medical expenses and other out-of-pocket costs; and”;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in subparagraph (A)—

(I) in the first sentence—

(aa) by striking “fifteen” and inserting “seven”; and

(bb) by striking “the President, by and with the advice and consent of the Senate” and inserting “the Director of the Peace Corps”; and

(II) by striking the second sentence and inserting the following new sentence: “At least four of such members shall be returned Peace Corps volunteers, and not more than four of such members may be members of the same political party.”;

(ii) by amending subparagraph (C) to read as follows:

“(C) No member of the Council appointed under this paragraph may be an officer or employee of the Peace Corps.”;

(iii) by amending subparagraph (D) to read as follows:

“(D) The members of the Council shall be appointed to 2-year terms.”; and

(iv) by striking subparagraphs (E), (F), (G), (H), and (I); and

(B) by amending paragraph (3) to read as follows:

“(3) The Director of the Peace Corps shall designate one of the members of the Council as Chair, who shall serve in such capacity for a term of two years.”;

(3) in subsection (d)(1)(B), by striking “his or her” and inserting “the member’s”;

(4) in subsection (g)—

(A) in the first sentence, by striking “At its first meeting and at its first regular meeting in each calendar year thereafter” and inserting “At its first meeting each calendar year”; and

(B) in the second sentence, by inserting before the period at the end the following: “, and each shall serve in that capacity for a term of two years. The Director of the Peace Corps may renew, not more than once per member, the term of a voting member appointed as Chair of the Council under the preceding sentence”;

(5) in subsection (h)(1), by striking “The Council” and all that follows through the period at the end and inserting the following: “The Council shall hold a regular meeting during each calendar quarter at a date and time to be determined by the Chair of the Council or at the call of the Director of the Peace Corps.”;

(6) in subsection (i)—

(A) by striking “the President and” (including in the subsection heading) each place such term appears;

(B) by striking “the President shall” and inserting “the Director shall”; and

(C) by striking “the President or”; and

(7) by adding at the end the following new subsections:

“(k) Independence of Inspector General.—None of the activities or functions of the Council under subsection (b)(2) may undermine the independence or supersede the duties of the Inspector General of the Peace Corps.

“(l) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

“(m) Funding of the Council.—The Council shall be fully funded from amounts made available to the Peace Corps to carry out this Act.”.

SEC. 11. Peace Corps volunteers serving within the United States at the request of another agency.

(a) Declaration of policy.—Congress declares that the Peace Corps provided emergency disaster relief in response to Hurricane Katrina in 2006 and provided COVID–19 relief in 2021 at the request of the Federal Emergency Management Agency and therefore it is the policy of the United States that the Peace Corps be authorized to recruit volunteers to serve within the United States at the request of another agency.

(b) Recruitment of domestic volunteers.—The Peace Corps Act is amended by inserting after section 14 (22 U.S.C. 2513) the following new section:
“SEC. 14A. Peace Corps volunteers serving within the United States at the request of another agency.
“The Director may recruit, train, and accept, for limited periods of time, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals who are not then serving outside the United States as volunteers or trainees (unless such appointment is made with the consent of the volunteer or trainee serving outside the United States as an extension of such service), who shall serve without compensation as domestic volunteers within the United States to provide assistance at the request of any Federal Government agency with authority to do so. Such service within the United States may be initiated by the Director following the request from the other agency and a determination by the Director that such action is in the best interests of the United States and the Peace Corps. Domestic volunteers shall not be considered volunteers under section 5 and shall not be deemed a Federal employee except for the purposes described in section 5(h). The Director may provide for incidental expenses of domestic volunteers, as determined by the Director to be appropriate for the nature of the assignments.”.

SEC. 12. Use of official seal, emblem, and name of the Peace Corps.

Section 19 of the Peace Corps Act (22 U.S.C. 2518) is amended—

(1) in subsection (a)—

(A) by striking “The President” and inserting “The Director of the Peace Corps”; and

(B) by striking “he” and inserting “the Director”; and

(2) in subsection (b)—

(A) in paragraph (1), by inserting before the period at the end the following: “, except that the official seal or emblem and the name ‘Peace Corps’ may be used on any death announcement, gravestone, plaque, or other grave marker of any person who served as a volunteer or as an officer or employee of the Peace Corps under such rules as may be prescribed by the Director”; and

(B) in paragraph (2), in the first sentence, by inserting “or in accordance with the exception specified in paragraph (1),” before “shall be fined”.

SEC. 13. Clarification regarding eligibility of United States nationals.

The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

(1) in section 7(a)(5), by striking “United States citizens” each place such term appears and inserting “nationals of the United States”;

(2) in section 8(b), by striking “citizens” and inserting “nationals”;

(3) in section 10(b), by striking “citizen or resident” and inserting “national”;

(4) in section 12(g), by striking “citizens” and inserting “nationals”; and

(5) in section 26—

(A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and

(B) by inserting after paragraph (4) the following new paragraph:

“(5) The term ‘national of the United States’ has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”.

SEC. 14. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, and at least once every five years thereafter, the Director of the Peace Corps, in coordination with the Assistant Secretary of State for Diplomatic Security, shall review the Memorandum of Agreement between the Bureau of Diplomatic Security of the Department of State and the Peace Corps relating to security support and protection of Peace Corps volunteers and staff members abroad and 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 to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a written notification relating to an update to the Memorandum of Agreement made pursuant to subsection (a).

(2) TIMING OF NOTIFICATION.—A written notification submitted pursuant to paragraph (1) shall be submitted not later than 30 days before the update referred to in such paragraph shall take effect.

SEC. 15. Reports to Congress.

(a) Amendments.—The Peace Corps Act is amended—

(1) in section 8E (22 U.S.C. 2507e)—

(A) by striking “President” and inserting “Director” each place it appears;

(B) in subsection (c), by striking “September 30, 2023” and inserting “September 30, 2025”; and

(C) in subsection (d)(1)(A), by striking “September 30, 2018” and inserting “September 30, 2025”; and

(2) in section 8I (22 U.S.C. 2507i)—

(A) in subsection (a), by striking “September 30, 2018” and inserting “September 30, 2025”; and

(B) in subsection (c), by striking “President” each place it appears and inserting “Director”.

(b) GAO report.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report relating to the post-service health care delivery and insurance coverage pursuant to subsection (d) of section 5 of the Peace Corps Act (22 U.S.C. 2504), as amended by section 4 of this Act, and section 8B of the Peace Corps Act (22 U.S.C. 2507b).

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) Information relating to examinations, counseling, and other mental health care services provided by the Peace Corps to returned volunteers in the six months following the end of the term of service of such volunteers.

(B) Recommendations relating to—

(i) better protection of patient confidentially for returned Peace Corps volunteers for mental health care services;

(ii) improved access to mental health providers that will accept payment from the Peace Corps; and

(iii) whether such mental health care services for returned volunteers would be better provided under the Short-term Health Insurance For Transition and Travel (SHIFTT) plan or a similar commercially available insurance plan to be paid for by the Peace Corps.

(c) Report on mental health evaluation standards.—Not later than one year after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the guidelines and standards used to evaluate the mental health of Peace Corps applicants prior to service. Such report shall include—

(1) 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;

(2) 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;

(3) a description of any expedited mental health clearance process for severe or recent symptom presentation;

(4) a description of periods of stability related to certain mental health conditions and symptoms recommended prior to an applicant’s clearance to serve;

(5) 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; and

(6) 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.

(d) Report on Volunteer Medical Evacuations.—Not later than the first May 1 occurring after the date of the enactment of this Act and annually thereafter for five years, the Director of the Peace Corps shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on volunteer medical and mental health evacuations. Such report shall include—

(1) the number of Peace Corps volunteer medical and mental health evacuations during the previous year;

(2) a breakdown of these evacuations into medical and mental health evacuation categories; and

(3) the estimated cost of these evacuations for each year, including a breakdown of costs between medical and mental health evacuation categories.

(e) 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 for the duration of its mandate, the Council shall submit to the Director, 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) and shall include relevant recommendations. Such reports shall be made publicly available.”; and

(2) in subsection (g), by striking “October 1, 2023” and inserting “October 1, 2025”.

SEC. 16. Workers compensation for Peace Corps volunteers.

(a) In general.—Section 8142 of title 5, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1), by striking “GS–7” and inserting “GS–11”;

(B) by striking paragraph (2); and

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and

(2) in subsection (d)(1), by striking “subsection (c)(3)” and inserting “subsection (c)(2)”.

(b) Application.—The amendment made by subsection (a)(1)(A) shall apply to any volunteer (as that term is defined in subsection (a) of section 8142 of title 5, United States Code) with respect to whom benefits under chapter 81 of such title commence, by operation of such section, on or after the date of the enactment of this Act.

SEC. 17. Technical and conforming edits.

The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

(1) by amending section 1 to read as follows:
“SEC. 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 Order 11103.
“Sec. 5C. Volunteers providing virtual services for the Peace Corps.
“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. 14A. Peace corps volunteers serving within the United States at the request of another agency.
“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. 20. Repealed.
“Sec. 21. Repealed.
“Sec. 22. Security investigations.
“Sec. 23. Universal military training and service act.
“Sec. 24. Foreign language proficiency act.
“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

“Sec. 201. Repealed.
“Sec. 202. Repealed.“TITLE III—ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS

“Sec. 301.”;

(2) in subsection (a) of section 2—

(A) by striking “men and women” and inserting “individuals”;

(B) by striking “help the peoples” and inserting “partner with the peoples”; and

(C) by striking “trained manpower” and inserting “trained individuals”;

(3) in subsection (e) of section 3 (as so redesignated by section 2 of this Act), by striking “disabled people” and inserting “people with disabilities” each place it appears;

(4) in subsection (b) of section 4—

(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 functions.”;

(5) in section 7—

(A) in subsection (a), by moving the margins of paragraphs (7) and (8) two ems to the left;

(B) in the second sentence of subsection (c), by striking “in his discretion” and inserting “in the President’s discretion”; and

(C) by redesignating subsection (c) as subsection (b);

(6) in section 8A—

(A) in subsection (c), by striking “his or her” and inserting “the volunteer’s”;

(B) in paragraph (2) of subsection (d), by inserting “the” before “information”; and

(C) in subsection (f)—

(i) in subparagraph (A) of paragraph (2), by striking “his or her” and inserting “the volunteer’s” each place it appears; and

(ii) in subparagraph (A) of paragraph (4), by striking “his or her” and inserting “that person’s”;

(7) in section 8C, in the heading of subsection (a), by striking “victims” and inserting “victim”;

(8) in section 8E—

(A) in subsection (b), by striking “subsection (c),” and inserting “subsection (c)”; and

(B) in subsection (e)(1)(F), by striking “Corp’s” and inserting “Corps”;

(9) in section 9—

(A) by striking “Act proceedings” and inserting “Act. Removal proceedings”;

(B) by striking “under which he” and inserting “under which that person”; and

(C) by striking “for which he” and inserting “for which that person”;

(10) in section 10—

(A) in subsection (b) (as amended by section 13 of this Act), by striking “he” and inserting “the President”; and

(B) in subsection (d), by striking “section 3709” and all that follows through “1949” and inserting “sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2), and 6101 of title 41, United States Code”;

(11) in section 14—

(A) in subsection (a), by striking “his” after “of” and before “agency” and inserting “that”; and

(B) in subsection (b)—

(i) by striking “preserving his” and inserting “preserving the”; and

(ii) by striking “he” after “assigned, and”;

(12) in section 15—

(A) in subsection (c), in the first sentence, by striking “that Act” and inserting “such subchapter”; and

(B) in subsection (d)(7), by striking “his designee” and inserting “the Director’s designee”;

(13) in section 23, by striking “Universal Military Training and Service Act” and inserting “Military Selective Service Act (50 U.S.C. 3801 et seq.)”;

(14) in section 24, by striking—

(A) “his” and inserting “the volunteer’s”; and

(B) “he” each place it appears and inserting “the volunteer”; and

(15) in section 26 (as amended by section 13 of this Act)—

(A) in paragraph (4), by striking “which he or she” and inserting “which the medical officer”;

(B) by further redesignating paragraphs (2) through (9) (as so redesignated by section 13) as paragraphs (3) through (10), respectively;

(C) by inserting after paragraph (1) the following new paragraph:

“(2) The term ‘Director’ means the Director of the Peace Corps.”;

(D) in paragraph (7), as so redesignated, by striking “5(m)” and inserting “5(n)”; and

(E) in paragraph (10), as so redesignated—

(i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; and

(ii) in subparagraph (A), as so redesignated, by striking “section 5(f)” and inserting “section 5(e)”.

Union Calendar No. 354

117th CONGRESS
2d Session

H. R. 1456

[Report No. 117–457, Part I]

A BILL

To amend the Peace Corps Act to reauthorize the Peace Corps, better support current and returned volunteers, and for other purposes.

September 9, 2022

Reported from the Committee on Foreign Affairs with an amendment

September 9, 2022

Committee on Education and Labor discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed