[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1456 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 492
117th CONGRESS
2d Session
H. R. 1456
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2022
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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. 18. Determination of budgetary effects.
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)(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 ``$430,500,000 for each of fiscal
years 2023 and 2024'';
(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
confidentiality 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''.
(f) Report on Pacific Islands Region.--Not later than 180 days
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--
(1) the presence of the Peace Corps in the Pacific Islands
region; and
(2) a strategy to expand such presence, as practicable,
including--
(A) outcomes of consultations with regional allies
and partners on areas in which cooperation can reduce
factors limiting Peace Corps expansion; and
(B) timelines for expanding and reopening country
programs in the Pacific Islands region.
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-7, step 5'';
(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. [Reserved.]
``Sec. 21. [Reserved.]
``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. [Reserved.]
``Sec. 202. [Reserved.]
``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS
``Sec. 301. Voluntary Service Programs.'';
(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'';
(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)''; and
(16) in section 301, by striking ``Sec. 301. (a) The
Congress'' and inserting the following:
``voluntary service programs
``Sec. 301.
``(a) The Congress''.
SEC. 18. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives September 19, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 492
117th CONGRESS
2d Session
H. R. 1456
_______________________________________________________________________
AN ACT
To amend the Peace Corps Act to reauthorize the Peace Corps, better
support current and returned volunteers, and for other purposes.
_______________________________________________________________________
September 20, 2022
Received; read twice and placed on the calendar