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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1203 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 150
118th CONGRESS
  1st Session
                                S. 1203

    To amend the Peace Corps Act by reauthorizing the Peace Corps, 
providing better support for current, returning, and former volunteers, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2023

   Mr. Menendez (for himself, Mr. Risch, Mr. Cardin, Mr. Crapo, Mrs. 
 Feinstein, Mr. Young, Mr. Merkley, Mr. Rounds, Mr. Coons, Ms. Hassan, 
and Mr. Schatz) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                             July 25, 2023

              Reported by Mr. Menendez, without amendment

_______________________________________________________________________

                                 A BILL

 
    To amend the Peace Corps Act by reauthorizing the Peace Corps, 
providing better support for current, returning, and former volunteers, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Peace Corps 
Reauthorization Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Readjustment allowances for volunteers and volunteer leaders.
Sec. 4. Restoration of volunteer opportunities for major disruptions to 
                            volunteer service.
Sec. 5. Health care continuation for Peace Corps volunteers.
Sec. 6. Access to antimalarial drugs and hygiene products for Peace 
                            Corps volunteers.
Sec. 7. Codification of certain Executive orders relating to existing 
                            noncompetitive eligibility Federal hiring 
                            status for returning volunteers and 
                            extension of the period of such status.
Sec. 8. Extension of period of existing noncompetitive eligibility 
                            Federal hiring status for returning 
                            volunteers.
Sec. 9. Comprehensive illegal drug use policy with respect to Peace 
                            Corps volunteers.
Sec. 10. Protection of Peace Corps volunteers against reprisal or 
                            retaliation.
Sec. 11. Peace Corps National Advisory Council.
Sec. 12. Memorandum of Agreement with Bureau of Diplomatic Security of 
                            the Department of State.
Sec. 13. Clarification regarding eligibility of United States 
                            nationals.
Sec. 14. Sexual Assault Advisory Council.
Sec. 15. Suspension without pay.
Sec. 16. Oceania Peace Corps partnerships.
Sec. 17. Reports.
Sec. 18. Technical and conforming amendments.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended--
            (1) in subparagraph (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) There is authorized to be appropriated $410,500,000 
        for each of the fiscal years 2024 through 2028 to carry out 
        this Act.''; and
                    (B) in paragraph (2), by striking ``that fiscal 
                year and the subsequent fiscal year'' and inserting 
                ``obligation until the last day of the subsequent 
                fiscal year''; and
            (2) by redesignating subsection (h) as subsection (e).

SEC. 3. READJUSTMENT ALLOWANCES FOR VOLUNTEERS AND VOLUNTEER LEADERS.

    Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended--
            (1) in subsection (b), by striking ``insure their health'' 
        and inserting ``ensure their safety, their health,'';
            (2) in subsection (c)--
                    (A) by striking ``$125'' and inserting ``$375'';
                    (B) by striking ``his'' each place such term 
                appears and inserting ``the volunteer's''; and
                    (C) by striking ``he'' and inserting ``the 
                volunteer'';
            (3) by redesignating subsection (e) as subsection (d);
            (4) by inserting after subsection (d), as redesignated, the 
        following:
    ``(e) The Director shall consult with health experts outside of the 
Peace Corps, including experts licensed in the field of mental health, 
and follow guidance by the Centers for Disease Control and Prevention 
regarding the prescription of medications to volunteers.'';
            (5) in subsection (h), by striking ``he'' and inserting 
        ``the President'';
            (6) in subsection (n)(2)--
                    (A) by striking ``subsection (e)'' each place such 
                term appears and inserting ``subsection (d)''; and
                    (B) by striking ``he'' and inserting ``the 
                President''; and
            (7) in subsection (o), by striking ``his'' each place such 
        term appears and inserting ``the volunteer's''.

SEC. 4. RESTORATION OF VOLUNTEER OPPORTUNITIES FOR MAJOR DISRUPTIONS TO 
              VOLUNTEER SERVICE.

    (a) In General.--Section 5 of the Peace Corps Act (22 U.S.C. 2504), 
as amended by section 3 of this Act, is further amended by adding at 
the end the following:
    ``(q) Disruption of Service Protocols.--
            ``(1) In general.--The Director shall establish processes 
        for the safe return to service of returning Peace Corps 
        volunteers whose service is interrupted due to mandatory 
        evacuations of volunteers due to catastrophic events or global 
        emergencies of unknowable duration, which processes shall 
        include--
                    ``(A) the establishment of monitoring and 
                communications systems, protocols, safety measures, 
                policies, and metrics for determining the appropriate 
                approaches for restoring volunteer opportunities for 
                evacuated returned volunteers whose service is 
                interrupted by a catastrophic event or global 
                emergency; and
                    ``(B) streamlining, to the fullest extent 
                practicable, application requirements for the return to 
                service of such volunteers.
            ``(2) Return to service.--Beginning on the date on which 
        any volunteer described in paragraph (1) returns to service, 
        the Director shall strive to afford evacuated volunteers, to 
        the fullest extent practicable, the opportunity--
                    ``(A) to return to their previous country of 
                service, except for Peace Corps missions in China; and
                    ``(B) to continue their service in the most needed 
                sectors within the country in which they had been 
                serving immediately before their evacuation due to a 
                catastrophic event or global emergency, except for 
                Peace Corps missions in China.''.
    (b) Medical Personnel.--Section 5A(b) of the Peace Corps Act (22 
U.S.C. 2504a(b)) is amended, in the matter preceding paragraph (1), by 
inserting ``, mental health professionals'' after ``medical officers''.
    (c) Volunteer Leaders.--Section 6 of the Peace Corps Act (22 U.S.C. 
2505) is amended--
            (1) in paragraph (1), by striking ``$125'' and inserting 
        ``$375''; and
            (2) in paragraph (3), by striking ``he'' and inserting 
        ``the President''.

SEC. 5. HEALTH CARE CONTINUATION FOR PEACE CORPS VOLUNTEERS.

    Section 5(d) of the Peace Corps Act, as redesignated by section 
3(3) of this Act, is amended to read as follows:
    ``(d)(1) Volunteers shall receive such health care during their 
service as the Director considers necessary or appropriate, including, 
if necessary, services described in section 8B.
    ``(2) Applicants for enrollment shall receive such health 
examinations preparatory to their service, and applicants for 
enrollment who have accepted an invitation to begin a period of 
training under section 8(a) shall receive, preparatory to their 
service, such immunization, dental care, and information regarding 
prescription options and potential interactions, as may be necessary 
and appropriate and in accordance with subsection (f).
    ``(3) Returned volunteers shall receive the health examinations 
described in paragraph (2) during the 6-month period immediately 
following the termination of their service, including services provided 
in accordance with section 8B (except that the 6-month limitation shall 
not apply in the case of such services), as the Director determines 
necessary or appropriate.
    ``(4) Subject to such conditions as the Director may prescribe, the 
health care described in paragraphs (1) through (3) for serving 
volunteers, applicants for enrollment, or returned volunteers may be 
provided in any facility of any agency of the United States Government, 
and in such cases the amount expended for maintaining and operating 
such facility shall be reimbursed from appropriations available under 
this Act. Health care may not be provided under this subsection in a 
manner that is inconsistent with the Assisted Suicide Funding 
Restriction Act of 1997 (Public Law 105-12).
    ``(5) Not later than 30 days before the date on which the period of 
service of a volunteer terminates, or 30 days after such termination 
date if such termination is the result of an emergency, the Director, 
in consultation with the Secretary of Health and Human Services, shall 
provide detailed information to such volunteer regarding options for 
health care after termination other than health care provided by the 
Peace Corps, including information regarding--
            ``(A) how to find additional, detailed information, 
        including information regarding--
                    ``(i) the application process and eligibility 
                requirements for medical assistance through a State 
                Medicaid plan under title XIX of the Social Security 
                Act (42 U.S.C. 1396 et seq.), or under a waiver of such 
                plan; and
                    ``(ii) health care option identification services 
                available through the public and private sectors;
            ``(B) where detailed information on health plans may be 
        obtained; and
            ``(C) if such volunteer is younger than 26 years of age, 
        the eligibility of such volunteer to enroll as a dependent 
        child in a group health plan or health insurance coverage in 
        which the parent of such volunteer is enrolled in such plan or 
        coverage offers such dependent coverage.
    ``(6) Paragraph (5) shall apply to volunteers whose periods of 
service are subject to early termination.''.

SEC. 6. ACCESS TO ANTIMALARIAL DRUGS AND HYGIENE PRODUCTS FOR PEACE 
              CORPS VOLUNTEERS.

    Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is amended--
            (1) by striking subsections (c) and (e);
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (b) the following:
    ``(c) Antimalarial Drugs.--
            ``(1) In general.--The Director shall consult with experts 
        at the Centers for Disease Control and Prevention regarding 
        recommendations for prescribing malaria prophylaxis, in order 
        to provide the best standard of care within the context of the 
        Peace Corps environment.
            ``(2) Certain training.--The Director shall ensure that 
        each Peace Corps medical officer serving in a malaria-endemic 
        country receives training in the recognition of the side 
        effects of such medications.
            ``(3) Consultation.--The Director shall consult with the 
        Assistant Secretary of Defense for Health Affairs regarding the 
        policy of using mefloquine in the field as an antimalarial 
        prophylactic.
    ``(d) Access to Hygiene Products.--Not later than 180 days after 
the date of the enactment of the Peace Corps Reauthorization Act of 
2023, the Director shall establish a comprehensive policy to ensure 
Peace Corps volunteers who require hygiene products are able to access 
such products.''.

SEC. 7. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING TO EXISTING 
              NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING STATUS FOR 
              RETURNING VOLUNTEERS AND EXTENSION OF THE PERIOD OF SUCH 
              STATUS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
inserting after section 5A the following:

``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO NONCOMPETITIVE 
              ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING 
              VOLUNTEERS.

    ``(a) In General.--Subject to subsection (b), Executive Order 11103 
(22 U.S.C. 2504 note; relating to Providing for the Appointment of 
Former Peace Corps Volunteers to the Civilian Career Services), as 
amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the 
Civil Service Commission and Labor-Management in the Federal Service), 
as in effect on the day before the date of the enactment of the Peace 
Corps Reauthorization Act of 2023, shall remain in effect and have the 
full force and effect of law.
    ``(b) Period of Eligibility.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Executive agency.--the term `Executive 
                agency'--
                            ``(i) has the meaning given such term in 
                        section 105 of title 5, United States Code;
                            ``(ii) includes the United States Postal 
                        Service and the Postal Regulatory Commission; 
                        and
                            ``(iii) does not include the Government 
                        Accountability Office.
                    ``(B) Hiring freeze.--The term `hiring freeze' 
                means any memorandum, Executive order, or other action 
                by the President that prohibits an Executive agency 
                from filling vacant Federal civilian employee positions 
                or creating new such positions.
            ``(2) In general.--The period of eligibility for 
        noncompetitive appointment to the civil service provided to an 
        individual under subsection (a), including any individual who 
        is so eligible on the date of the enactment of the Peace Corps 
        Reauthorization Act of 2023, shall be extended by the total 
        number of days, during such period, that--
                    ``(A) a hiring freeze for civilian employees of the 
                executive branch is in effect by order of the President 
                with respect to any Executive agency at which the 
                individual has applied for employment;
                    ``(B) there is a lapse in appropriations with 
                respect to any Executive agency at which the individual 
                has applied for employment; or
                    ``(C) the individual is receiving disability 
                compensation under section 8142 of title 5, United 
                States Code, based on the individual's service as a 
                Peace Corps volunteer, retroactive to the date the 
                individual applied for such compensation.
            ``(3) Applicability.--The period of eligibility for 
        noncompetitive appointment status to the civil service under 
        subsection (a) shall apply to a Peace Corps volunteer--
                    ``(A) whose service ended involuntarily as a result 
                of a suspension of volunteer operations by the 
                Director, but may not last longer than 1 year after the 
                date on which such service ended involuntarily; or
                    ``(B) who re-enrolls as a volunteer in the Peace 
                Corps after completion of a term of service.''.

SEC. 8. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY 
              FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
inserting after section 5B, as added by section 7 of this Act, the 
following:

``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE ELIGIBILITY 
              FEDERAL HIRING STATUS FOR RETURNING VOLUNTEERS.

    ``(a) In General.--Subject to section 5B, Executive Order 11103 (22 
U.S.C. 2504 note; relating to Providing for the Appointment of Former 
Peace Corps Volunteers to the Civilian Career Services), as amended by 
Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service 
Commission and Labor-Management in the Federal Service), as in effect 
on the day before the date of the enactment of the Peace Corps 
Reauthorization Act of 2023, shall remain in effect and have the full 
force and effect of law.
    ``(b) Noncompetitive Eligibility Federal Hiring Status.--Subject to 
subsection (d), any volunteer whose Peace Corps service was terminated 
after April 1, 2020, and who has been certified by the Director as 
having satisfactorily completed a full term of service, may be 
appointed not later than 2 years after completion of qualifying service 
to a position in any United States department, agency, or establishment 
in the competitive service under title 5, United States Code, without 
competitive examination, in accordance with such regulations and 
conditions as may be prescribed by the Director of the Office of 
Personnel Management.
    ``(c) Extension.--The appointing authority may extend the 
noncompetitive appointment eligibility under subsection (b) to not more 
than 3 years after a volunteer's separation from the Peace Corps if the 
volunteer, following such service, was engaged in--
            ``(1) military service;
            ``(2) the pursuit of studies at a recognized institution of 
        higher learning; or
            ``(3) other activities which, in the view of the appointing 
        authority, warrant an extension of such eligibility.
    ``(d) Exception.--The appointing authority may not extend the 
noncompetitive appointment eligibility under subsection (b) to any 
volunteer who chooses to be subject to early termination.''.

SEC. 9. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE 
              CORPS VOLUNTEERS.

    (a) In General.--The Peace Corps Act (22 U.S.C. 2501 et seq.) is 
amended by inserting after section 8I (22 U.S.C. 2507i) the following:

``SEC. 8J. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE 
              CORPS VOLUNTEERS.

    ``(a) In General.--The Director shall develop and implement a 
comprehensive drug use policy with respect to Peace Corps volunteers. 
The policy shall--
            ``(1) establish a zero tolerance policy regarding volunteer 
        or trainee involvement with illegal drugs; and
            ``(2) require that every case of volunteer or trainee 
        illegal drug involvement be brought immediately to the 
        attention of relevant Peace Corps leadership, including the 
        Director, and be reported expeditiously by the Peace Corps to 
        the Office of the Inspector General.
    ``(b) Consultation.--In developing the policy described in 
subsection (a), the Director may consult with and incorporate, as 
appropriate, the recommendations and views of experts in the field of 
substance abuse, and shall consult with the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate.''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director shall submit a report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives describing the illegal drug use policy 
developed and implemented under section 8J of the Peace Corps Act, as 
added by subsection (a).

SEC. 10. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST REPRISAL OR 
              RETALIATION.

    Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by 
adding at the end the following:
    ``(d) Prohibition Against Reprisal or Retaliation.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered official or office.--The term 
                `covered official or office' means--
                            ``(i) any Peace Corps employee, including 
                        an employee of the Office of Inspector General;
                            ``(ii) a Member of Congress or a designated 
                        representative of a committee of Congress;
                            ``(iii) an Inspector General (other than 
                        the Inspector General for the Peace Corps);
                            ``(iv) the Government Accountability 
                        Office;
                            ``(v) any authorized official of the 
                        Department of Justice or other Federal law 
                        enforcement agency; and
                            ``(vi) a United States court, including any 
                        Federal grand jury.
                    ``(B) Relief.--The term `relief' includes all 
                affirmative relief necessary to make a volunteer whole, 
                including monetary compensation, equitable relief, 
                compensatory damages, and attorney fees and costs.
                    ``(C) Reprisal or retaliation.--The term `reprisal 
                or retaliation' means taking, threatening to take, or 
                initiating adverse administrative action against a 
                volunteer because the volunteer made a report described 
                in subsection (a) or otherwise disclosed to a covered 
                official or office any information pertaining to waste, 
                fraud, abuse of authority, misconduct, mismanagement, 
                violations of law, or a significant threat to health 
                and safety, if the activity or occurrence complained of 
                is based upon the reasonable belief of the volunteer.
            ``(2) In general.--The Director of the Peace Corps shall 
        take all reasonable measures, including through the development 
        and implementation of a comprehensive policy, to prevent and 
        address reprisal or retaliation against a volunteer by any 
        Peace Corps officer or employee, or any other person with 
        supervisory authority over the volunteer during the volunteer's 
        period of service.
            ``(3) Reporting and investigation; relief.--
                    ``(A) In general.--A volunteer may report a 
                complaint or allegation of reprisal or retaliation--
                            ``(i) directly to the Inspector General of 
                        the Peace Corps, who may conduct such 
                        investigations and make such recommendations 
                        with respect to the complaint or allegation as 
                        the Inspector General considers appropriate; 
                        and
                            ``(ii) through other channels provided by 
                        the Peace Corps, including through the process 
                        for confidential reporting implemented pursuant 
                        to subsection (a).
                    ``(B) Relief.--The Director of the Peace Corps--
                            ``(i) may order any relief for an 
                        affirmative finding of a proposed or final 
                        resolution of a complaint or allegation of 
                        reprisal or retaliation in accordance with 
                        policies, rules, and procedures of the Peace 
                        Corps; and
                            ``(ii) shall ensure that such relief is 
                        promptly provided to the volunteer.
            ``(4) Appeal.--
                    ``(A) In general.--A volunteer may submit an appeal 
                to the Director of the Peace Corps of any proposed or 
                final resolution of a complaint or allegation of 
                reprisal or retaliation.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph may be construed to affect any other right of 
                recourse a volunteer may have under any other provision 
                of law.
            ``(5) Notification of rights and remedies.--The Director of 
        the Peace Corps shall ensure that volunteers are informed in 
        writing of the rights and remedies provided under this section.
            ``(6) Dispute mediation.--The Director of the Peace Corps 
        shall offer the opportunity for volunteers to resolve disputes 
        concerning a complaint or allegation of reprisal or retaliation 
        through mediation in accordance with procedures developed by 
        the Peace Corps.
            ``(7) Volunteer cooperation.--The Director of the Peace 
        Corps may take such disciplinary or other administrative 
        action, including termination of service, with respect to a 
        volunteer who unreasonably refuses to cooperate with an 
        investigation into a compliant or allegation of reprisal or 
        retaliation conducted by the Inspector General of the Peace 
        Corps.''.

SEC. 11. PEACE CORPS NATIONAL ADVISORY COUNCIL.

    Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``(subject to subsection (d)(1)) conduct on-
                site inspections, and make examinations, of the 
                activities of the Peace Corps in the United States and 
                in other countries in order to'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (G); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) make recommendations for utilizing the 
                expertise of returned Peace Corps volunteers in 
                fulfilling the goals of the Peace Corps;
                    ``(E) make recommendations on strengthening 
                diversity, equity, inclusion, and accessibility 
                principles in the workforce and daily work of the Peace 
                Corps, including by--
                            ``(i) increasing the recruitment of 
                        volunteers from diverse backgrounds and better 
                        supporting such volunteers during their 
                        training and enrollment in the Peace Corps;
                            ``(ii) increasing and sustaining a diverse 
                        and inclusive workforce through data 
                        collection, anti-harassment and anti-
                        discrimination measures, recruitment, 
                        retention, professional development, and 
                        promotion and leadership initiatives that also 
                        consider the work and roles of contractors;
                            ``(iii) ensuring that advisory committees 
                        and boards represent the diversity of the 
                        agency; and
                            ``(iv) increasing opportunities in 
                        operations, programming, and procurement 
                        through work with partners and communities that 
                        are underrepresented or traditionally 
                        marginalized;
                    ``(F) make recommendations to reduce any financial 
                barriers to application, training, or enrollment in the 
                Peace Corps, including medical expenses and other out-
                of-pocket costs; and'';
            (2) in subsection (c), by amending paragraph (2) to read as 
        follows:
    ``(2)(A) The Council shall be composed of 7 members who are United 
States citizens and are not being paid as officers or employees of the 
Peace Corps or of any other United States Government entity.
    ``(B) Of the 7 members of the Council--
            ``(i) 1 member shall be appointed by the President;
            ``(ii) 3 members shall be appointed by the President pro 
        tempore of the Senate, of which--
                    ``(I) 2 members shall be appointed upon the 
                recommendation of the leader in the Senate of the 
                political party that is not the political party of the 
                President;
                    ``(II) 1 member shall be appointed upon the 
                recommendation of the leader in the Senate of the 
                political party of the President; and
                    ``(III) at least 2 members shall be former Peace 
                Corps volunteers; and
            ``(iii) 3 members shall be appointed by the Speaker of the 
        House of Representatives, of which--
                    ``(I) 2 members shall be appointed upon the 
                recommendation of the leader in the House of 
                Representatives of the political party that is not the 
                political party of the President;
                    ``(II) 1 member shall be appointed upon the 
                recommendation of the leader in the House of 
                Representatives of the political party of the 
                President; and
                    ``(III) at least 2 members shall be former Peace 
                Corps volunteers.
    ``(C) Council members shall be appointed to 2-year terms. No member 
of the Council may serve for more than 2 consecutive 2-year terms.
    ``(D) Not later than 30 days after any vacancy occurs on the 
Council, the Director shall appoint an individual to fill such vacancy. 
Any Council member appointed to fill a vacancy occurring before the 
expiration of the term for which the member's predecessor was 
appointed--
            ``(i) shall be appointed for the remainder of such term; 
        and
            ``(ii) may only serve on the Council for 1 additional 2-
        year term.
    ``(E)(i) Except as provided in clause (ii), Council members shall 
not be subject to laws relating to Federal employment, including laws 
relating to hours of work, rates of compensation, leave, unemployment 
compensation, and Federal employee benefits.
    ``(ii) Notwithstanding clause (i), Council members shall be deemed 
to be Federal employees for purposes of--
            ``(I) chapter 81 of title 5, United States Code (relating 
        to compensation for work-related injuries);
            ``(II) chapter 11 of title 18, United States Code (relating 
        to conflicts of interest);
            ``(III) chapter 171 of title 28, United States Code 
        (relating to tort claims); and
            ``(IV) section 3721 of title 31 (relating to claims for 
        damage to, or loss of, personal property incident to service).
    ``(F) Council members shall serve at the pleasure of the Director. 
The Council may remove a member from the Council by a vote of 5 members 
if the Council determines that such member--
            ``(i) committed malfeasance in office;
            ``(ii) persistently neglected, or was unable to 
        successfully discharge, his or her duties on the Council; or
            ``(iii) committed an offense involving moral turpitude.'';
            (3) in subsection (g)--
                    (A) by striking ``and at its first regular meeting 
                in each calendar year thereafter'' and inserting ``at 
                its first meeting each subsequent calendar year''; and
                    (B) by adding at the end the following: ``The Chair 
                and Vice Chair shall each serve in such capacity for a 
                period not to exceed 2 years. The Director may renew 
                the term of members appointed as Chair and Vice Chair 
                under this subsection.'';
            (4) in subsection (h), by amending paragraph (1) to read as 
        follows:
    ``(1) The Council shall hold 1 regular meeting per quarter of each 
calendar year at a date and time to be determined by the Chair of the 
Council or at the call of the Director.''; and
            (5) by adding at the end the following:
    ``(k) Independence of Inspector General.--None of the activities or 
functions of the Council authorized under subsection (b)(2) may 
undermine the independence or supersede the duties of the Inspector 
General of the Peace Corps.''.

SEC. 12. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC SECURITY OF 
              THE DEPARTMENT OF STATE.

    (a) Quinquennial Review and Update.--Not later than 180 days after 
the date of the enactment of this Act, and at least once every 5 years 
thereafter, the Director of the Peace Corps and the Assistant Secretary 
of State for Diplomatic Security shall--
            (1) review the Memorandum of Agreement between the Bureau 
        of Diplomatic Security of the Department of State and the Peace 
        Corps regarding security support and protection of Peace Corps 
        volunteers, and staff members abroad; and
            (2) update such Memorandum of Agreement, as appropriate.
    (b) Notification.--
            (1) In general.--The Director of the Peace Corps and the 
        Assistant Secretary of State for Diplomatic Security shall 
        jointly submit any update to the Memorandum of Agreement under 
        subsection (a) to--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Timing of notification.--Each written notification 
        submitted pursuant to paragraph (1) shall be submitted not 
        later than 30 days before the update referred to in such 
        paragraph takes effect.

SEC. 13. CLARIFICATION REGARDING ELIGIBILITY OF UNITED STATES 
              NATIONALS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this 
Act, is further amended--
            (1) in section 7(a)(5) (22 U.S.C. 2506(a)(5)), by striking 
        ``United States citizens'' each place such term appears and 
        inserting ``United States nationals of American Samoa and 
        citizens of the United States'';
            (2) in section 8(b) (22 U.S.C. 2507(b)), by inserting 
        ``United States nationals of American Samoa and'' after 
        ``training for'';
            (3) in section 10(b) (22 U.S.C. 2509(b)), striking ``any 
        person not a citizen or resident of the United States'' and 
        inserting ``any person who is not a United States national of 
        American Samoa nor a citizen or resident of the United 
        States''; and
            (4) in section 12(g) (22 U.S.C. 2511(g), by inserting 
        ``United States nationals of American Samoa or'' after ``who 
        are''.

SEC. 14. SEXUAL ASSAULT ADVISORY COUNCIL.

    (a) Report and Extension of the Sexual Assault Advisory Council.--
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
            (1) by amending subsection (d) to read as follows:
    ``(d) Reports.--On an annual basis through the date specified in 
subsection (g), the Council shall submit a report to the Director of 
the Peace Corps, the Committee on Foreign Relations of the Senate, the 
Committee on Appropriations of the Senate, the Committee on Foreign 
Affairs of the House of Representatives, and the Committee on 
Appropriations of the House of Representatives that describes its 
findings based on the reviews conducted pursuant to subsection (c) and 
includes relevant recommendations. Each such report shall be made 
publicly available.''; and
            (2) in subsection (g), by striking ``October 1, 2023'' and 
        inserting ``October 1, 2028''.

SEC. 15. SUSPENSION WITHOUT PAY.

    Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended by 
inserting after subsection (a) the following:
    ``(b) Suspension Without Pay.--(1) The Peace Corps may suspend 
(without pay) any employee appointed or assigned under this section if 
the Director has determined that the employee engaged in serious 
misconduct that could impact the efficiency of the service and could 
lead to removal for cause.
    ``(2) Any employee for whom a suspension without pay is proposed 
under this subsection shall be entitled to--
            ``(A) written notice stating the specific reasons for such 
        proposed suspension;
            ``(B)(i) up to 15 days to respond orally or in writing to 
        such proposed suspension if the employee is assigned in the 
        United States; or
            ``(ii) up to 30 days to respond orally or in writing to 
        such proposed suspension if the employee is assigned outside of 
        the United States;
            ``(C) representation by an attorney or other 
        representative, at the employee's own expense;
            ``(D) a written decision, including the specific reasons 
        for such decision, as soon as practicable;
            ``(E) a process through which the employee may submit an 
        appeal to the Director of the Peace Corps not later than 10 
        business days after the issuance of a written decision; and
            ``(F) a final decision personally rendered by the Director 
        of the Peace Corps not later than 30 days after the receipt of 
        such appeal.
    ``(3) Notwithstanding any other provision of law, a final decision 
under paragraph (2)(F) shall be final and not subject to further 
review.
    ``(4) If the Director fails to establish misconduct by an employee 
under paragraph (1) and no disciplinary action is taken against such 
employee based upon the alleged grounds for the suspension, the 
employee shall be entitled to reinstatement, back pay, full benefits, 
and reimbursement of attorney fees of up to $20,000.''.

SEC. 16. OCEANIA PEACE CORPS PARTNERSHIPS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Director of the Peace Corps shall submit a 
report to Congress containing strategies for reasonably and safely 
expanding the number of Peace Corps volunteers in the Indo-Pacific 
countries of Oceania, with the goals of--
            (1) expanding the presence of the Peace Corps to all 
        currently feasible locations in the Indo-Pacific countries of 
        Oceania; and
            (2) working with regional and international partners of the 
        United States to expand the presence of Peace Corps volunteers 
        in low-income communities in the Indo-Pacific countries of 
        Oceania in support of climate resilience initiatives.
    (b) Elements.--The report required under subsection (a) shall--
            (1) assess the factors contributing to the current absence 
        of the Peace Corps and its volunteers in the Indo-Pacific 
        countries of Oceania;
            (2) examine potential remedies that include working with 
        United States Government agencies and regional governments, 
        including governments of United States allies--
                    (A) to increase the health infrastructure and 
                medical evacuation capabilities of the Indo-Pacific 
                countries of Oceania to better support the safety of 
                Peace Corps volunteers while in those countries;
                    (B) to address physical safety concerns that have 
                decreased the ability of the Peace Corps to operate in 
                the Indo-Pacific countries of Oceania; and
                    (C) to increase transportation infrastructure in 
                the Indo-Pacific countries of Oceania to better support 
                the travel of Peace Corps volunteers and their access 
                to necessary facilities;
            (3) evaluate the potential to expand the deployment of 
        Peace Corps Response volunteers to help the Indo-Pacific 
        countries of Oceania address social, economic, and development 
        needs of their communities that require specific professional 
        expertise; and
            (4) explore potential new operational models to address 
        safety and security needs of Peace Corps volunteers in the 
        Indo-Pacific countries of Oceania, including--
                    (A) changes to volunteer deployment durations; and
                    (B) scheduled redeployment of volunteers to 
                regional or United States-based healthcare facilities 
                for routine physical and behavioral health evaluation.
    (c) Volunteers in Low-Income Oceania Communities.--
            (1) In general.--In examining the potential to expand the 
        presence of Peace Corps volunteers in low-income communities in 
        the Indo-Pacific countries of Oceania under subsection (a)(2), 
        the Director of the Peace Corps shall consider the development 
        of initiatives described in paragraph (2).
            (2) Initiatives described.--Initiatives described in this 
        paragraph are volunteer initiatives that help the Indo-Pacific 
        countries of Oceania address social, economic, and development 
        needs of their communities, including by--
                    (A) addressing, through appropriate resilience-
                based interventions, the vulnerability that communities 
                in the Indo-Pacific countries of Oceania face as result 
                of extreme weather, severe environmental change, and 
                other climate related trends; and
                    (B) improving, through smart infrastructure 
                principles, access to transportation and connectivity 
                infrastructure that will help address the economic and 
                social challenges that communities in the Indo-Pacific 
                countries of Oceania confront as a result of poor or 
                nonexistent infrastructure.
    (d) Indo-Pacific Countries of Oceania Defined.--The term ``Indo-
Pacific countries of Oceania'' means Fiji, Kiribati, Republic of the 
Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Samoa, 
Solomon Islands, Tonga, Tuvalu, and Vanuatu.

SEC. 17. REPORTS.

    (a) Report on Mental Health Evaluation Standards.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Director of the Peace Corps 
        shall submit a report to the Committee on Foreign Relations of 
        the Senate and the Committee on Foreign Affairs of the House of 
        Representatives containing the guidelines and standards used to 
        evaluate the mental health of Peace Corps applicants prior to 
        their Peace Corps service.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A detailed description of mental health 
                screening guidelines and evaluation standards used by 
                the Peace Corps to determine medical eligibility of 
                applicants for service, including a description of the 
                most common mental health conditions of applicants.
                    (B) Specific standards in the mental health 
                screening process that could lead to an applicant's 
                disqualification from service, and a description of how 
                these determinations are made.
                    (C) A description of any expedited mental health 
                clearance process for severe or recent symptom 
                presentation.
                    (D) A description of periods of stability related 
                to certain mental health conditions and symptoms 
                recommended prior to an applicant's clearance to serve.
                    (E) An assessment of the impact of updated mental 
                health evaluation guidance, including a comparison of 
                mental health related volunteer medevacs in years 
                before and after updated guidelines were implemented.
                    (F) A review of these screening guidelines, 
                conducted by a panel of certified and qualified medical 
                professionals in the United States, that evaluates 
                these standards based on scientific evidence and mental 
                health research and proposes relevant updates or 
                additions to current guidance.
    (b) Report on Volunteer Medical Evacuations.--
            (1) In general.--Not later than the first May 1 occurring 
        after the date of the enactment of this Act, and annually 
        thereafter for 5 years, the Director of the Peace Corps shall 
        submit a report to the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives regarding volunteer medical and mental health 
        evacuations.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) The number of Peace Corps volunteer medical and 
                mental health evacuations during the previous year.
                    (B) A breakdown of these evacuations into medical 
                and mental health evacuation categories.
                    (C) The estimated cost of these evacuations for 
                each year, including a breakdown of costs between 
                medical and mental health evacuation categories.

SEC. 18. TECHNICAL AND CONFORMING AMENDMENTS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by this 
Act, is further amended--
            (1) by amending section 1 to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Peace Corps Act'.
    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

                       ``TITLE I--THE PEACE CORPS

``Sec. 1. Short title; table of contents.
``Sec. 2. Declaration of purpose.
``Sec. 2A. Peace Corps as an independent agency.
``Sec. 3. Authorization.
``Sec. 4. Director of the Peace Corps and delegation of functions.
``Sec. 5. Peace Corps volunteers.
``Sec. 5A. Health care for volunteers at Peace Corps posts.
``Sec. 5B. Codification of Executive orders relating to noncompetitive 
                            eligibility Federal hiring status for 
                            returning volunteers.
``Sec. 5C. Extension of period of existing noncompetitive eligibility 
                            Federal hiring status for returning 
                            volunteers.
``Sec. 6. Peace Corps volunteer leaders.
``Sec. 7. Peace Corps employees.
``Sec. 8. Volunteer training.
``Sec. 8A. Sexual assault risk-reduction and response training.
``Sec. 8B. Sexual assault policy.
``Sec. 8C. Office of Victim Advocacy.
``Sec. 8D. Establishment of Sexual Assault Advisory Council.
``Sec. 8E. Volunteer feedback and Peace Corps review.
``Sec. 8F. Establishment of a policy on stalking.
``Sec. 8G. Establishment of a confidentiality protection policy.
``Sec. 8H. Removal and assessment and evaluation.
``Sec. 8I. Reporting requirements.
``Sec. 8J. Comprehensive illegal drug use policy with respect to Peace 
                            Corps volunteers.
``Sec. 9. Participation of foreign nationals.
``Sec. 10. General powers and authorities.
``Sec. 11. Reports.
``Sec. 12. Peace Corps National Advisory Council.
``Sec. 13. Experts and consultants.
``Sec. 14. Detail of personnel to foreign governments and international 
                            organizations.
``Sec. 15. Utilization of funds.
``Sec. 16. Foreign Currency Fluctuations Account.
``Sec. 17. Use of foreign currencies.
``Sec. 18. Activities promoting Americans' understanding of other 
                            peoples.
``Sec. 19. Exclusive right to seal and name.
``Sec. 22. Security investigations.
``Sec. 23. Universal Military Training and Service Act.
``Sec. 24. Foreign language proficiency.
``Sec. 25. Nonpartisan appointments.
``Sec. 26. Definitions.
``Sec. 27. Construction.
``Sec. 28. Effective date.
 ``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

        ``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS

``Sec. 301. '';
            (2) in section 2(a) (22 U.S.C. 2501(a))--
                    (A) by striking ``help the peoples'' and inserting 
                ``partner with the peoples''; and
                    (B) by striking ``manpower'' and inserting 
                ``individuals'';
            (3) in section 3 (22 U.S.C. 2502)--
                    (A) by redesignating subsection (h) as subsection 
                (e); and
                    (B) in subsection (e), as redesignated, by striking 
                ``disabled people'' each place such term appears and 
                inserting ``people with disabilities'';
            (4) in section 4(b) (22 U.S.C. 2503(b))--
                    (A) by striking ``him'' and inserting ``the 
                President'';
                    (B) by striking ``he'' and inserting ``the 
                Director''; and
                    (C) by striking ``of his subordinates'' and all 
                that follows through ``functions.'' and inserting 
                ``subordinate of the Director the authority to perform 
                any such function.'';
            (5) in section 5 (22 U.S.C. 2504)--
                    (A) in subsection (c), by striking ``: Provided, 
                however,'' and all that follows through ``the amount'' 
                and inserting ``. Under such circumstances as the 
                President may determine, the accrued readjustment 
                allowance, or any part thereof, may be paid to the 
                volunteer, members of the volunteer's family, or 
                others, during the period of the volunteer's service, 
                or prior to the volunteer's return to the United 
                States. In the event of the volunteer's death during 
                the period of his service, the amount'';
                    (B) in subsection (h), by striking ``he may 
                determine'' and inserting ``the President may 
                determine''; and
                    (C) in subsection (o) by striking ``the date of his 
                departure'' and all that follows and inserting ``the 
                date of the volunteer's departure from the volunteer's 
                place of residence to enter training until not later 
                than 3 months after the termination of the volunteer's 
                service.'';
            (6) in section 6(3) (22 U.S.C. 2505(3)), by striking by 
        striking ``he may determine'' and inserting ``the President may 
        determine'';
            (7) in section 7 (22 U.S.C. 2506)--
                    (A) in subsection (a), by moving paragraphs (7) and 
                (8) 2 ems to the left; and
                    (B) in subsection (b), as redesignated, by striking 
                ``in his discretion'' and inserting ``in the 
                President's discretion'';
            (8) in section 8A (22 U.S.C. 2507a)--
                    (A) in subsection (c), by striking ``his or her'' 
                and inserting ``the volunteer's'';
                    (B) in subsection (d)(2), by inserting ``the'' 
                before ``information''; and
                    (C) in subsection (f)--
                            (i) in paragraph (2)(A), by striking ``his 
                        or her'' each place such phrase appears and 
                        inserting ``the volunteer's''; and
                            (ii) in paragraph (4)(A), by striking ``his 
                        or her'' and inserting ``the person's'';
            (9) in section 8C(a) (22 U.S.C. 2507c(a)), in the 
        subsection heading, by striking ``Victims'' and inserting 
        ``Victim'';
            (10) in section 8E (22 U.S.C. 2507e)--
                    (A) in subsection (b), by striking ``subsection 
                (c),,'' and inserting ``subsection (c),''; and
                    (B) in subsection (e)(1)(F), by striking ``Peace 
                Corp's mission'' and inserting ``Peace Corps' 
                mission'';
            (11) in section 9 (22 U.S.C. 2508)--
                    (A) by striking ``under which he was admitted or 
                who fails to depart from the United States at the 
                expiration of the time for which he was admitted'' and 
                inserting ``under which such person was admitted or who 
                fails to depart from the United States at the 
                expiration of the period for which such person was 
                admitted''; and
                    (B) by striking ``Act proceedings'' and inserting 
                ``Act. Removal proceedings'';
            (12) in section 10 (22 U.S.C. 2509)--
                    (A) in subsection (b), by striking ``he may 
                prescribe'' and inserting ``the President may 
                prescribe'';
                    (B) in subsection (d), by striking ``section 3709 
                of the Revised Statutes of the United States, as 
                amended, section 302 of the Federal Property and 
                Administrative Services Act of 1949''; and by inserting 
                ``sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2), 
                and 6101 of title 41, United States Code''; and
                    (C) in subsection (j), by striking ``of this 
                section.'';
            (13) in section 12(d)(1)(b) (22 U.S.C. 2511(d)(1)(b)), by 
        striking ``his or her'' and inserting ``the member's'';
            (14) in section 14 (22 U.S.C. 2513)--
                    (A) in subsection (a), by striking ``his agency'' 
                and inserting ``such agency''; and
                    (B) in subsection (b)--
                            (i) by striking ``his allowance'' and 
                        inserting ``the''; and
                            (ii) by striking ``he'';
            (15) in section 15 (22 U.S.C. 2514)--
                    (A) in subsection (c), by striking ``that Act'' and 
                inserting ``that subchapter''; and
                    (B) in subsection (d)(7), by striking ``his 
                designee'' and inserting ``the Director's designee'';
            (16) in section 19(a) (22 U.S.C. 2518(a)), by striking ``he 
        shall determine'' and inserting ``the President shall 
        determine'';
            (17) in section 23 (22 U.S.C. 2520)--
                    (A) in the section heading, by striking ``universal 
                military training and service'' and inserting 
                ``military selective service''; and
                    (B) by striking ``Universal Military Training and 
                Service Act'' and inserting ``Military Selective 
                Service Act (50 U.S.C. 3801 et seq.)'';
            (18) in section 24--
                    (A) by striking ``he'' each place such term appears 
                and inserting ``the volunteer''; and
                    (B) by striking ``his'' and inserting ``the 
                volunteer's'';
            (19) in section 26--
                    (A) by redesignating paragraphs (2) through (9) as 
                paragraphs (3) through (10), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) The term `Director' means the Director of the Peace 
        Corps.'';
                    (C) in paragraph (5), as redesignated, by striking 
                ``he or she'' and inserting ``the medical officer'';
                    (D) in paragraph (7), as redesignated, by striking 
                ``5(m)'' and inserting ``5(n)''; and
                    (E) in paragraph (10), as redesignated--
                            (i) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B), respectively; and
                            (ii) in subparagraph (A), as redesignated, 
                        by striking ``section 5(f)'' and inserting 
                        ``section 5(e)''; and
            (20) in section 301(a), by striking ``manpower'' each place 
        such term appears and inserting ``individuals''.
                                                       Calendar No. 150

118th CONGRESS

  1st Session

                                S. 1203

_______________________________________________________________________

                                 A BILL

    To amend the Peace Corps Act by reauthorizing the Peace Corps, 
providing better support for current, returning, and former volunteers, 
                        and for other purposes.

_______________________________________________________________________

                             July 25, 2023

                       Reported without amendment
```