[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2286 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 2286

_______________________________________________________________________

                                 AN ACT


 
To amend the Peace Corps Act to provide greater protection and services 
          for Peace Corps 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 ``Nick Castle Peace 
Corps Reform Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--PEACE CORPS VOLUNTEER SUPPORT

Sec. 101. Peace Corps volunteer medical care reform.
Sec. 102. Post-service Peace Corps volunteer medical care reform.
Sec. 103. Peace Corps impact survey.
Sec. 104. Extension of positions for Peace Corps employees.
           TITLE II--PEACE CORPS OVERSIGHT AND ACCOUNTABILITY

Sec. 201. Peace Corps volunteer access to Inspector General.
Sec. 202. Consultation with Congress required before opening or closing 
                            overseas offices and country programs.
Sec. 203. Publication requirement for volunteer surveys.
              TITLE III--CRIME RISK REDUCTION ENHANCEMENTS

Sec. 301. Independent review of volunteer death.
Sec. 302. Monitoring training records.
Sec. 303. Additional disclosures to applicants for enrollment as 
                            volunteers.
Sec. 304. Additional protections against sexual misconduct.
Sec. 305. Immediate victim advocacy notification.
Sec. 306. Extension of the Office of Victim Advocacy.
Sec. 307. Reform and extension of the Sexual Assault Advisory Council.
Sec. 308. Definitions.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        the Peace Corps.
            (3) Peace corps volunteer.--The term ``Peace Corps 
        volunteer'' means an individual described in section 5(a) of 
        the Peace Corps Act (22 U.S.C. 2504(a)).

                 TITLE I--PEACE CORPS VOLUNTEER SUPPORT

SEC. 101. PEACE CORPS VOLUNTEER MEDICAL CARE REFORM.

    (a) In General.--The Peace Corps Act (22 U.S.C. 2501 et seq.) is 
amended by inserting after section 5 (22 U.S.C. 2504) the following:

``SEC. 5A. HEALTH CARE FOR VOLUNTEERS AT PEACE CORPS POSTS.

    ``(a) Health Care Medical Officers Selection Criteria.--In 
selecting medical officers and support staff for overseas Peace Corps 
posts, the Director shall strive to hire well-qualified and capable 
personnel to support the effectiveness of health care for Peace Corps 
volunteers by evaluating each candidate's--
            ``(1) medical training, experience, and accreditations or 
        other qualifications;
            ``(2) record of performance;
            ``(3) administrative capabilities;
            ``(4) understanding of the local language and culture;
            ``(5) ability to work in the English language;
            ``(6) interpersonal skills; and
            ``(7) such other factors that the Director considers to be 
        appropriate.
    ``(b) Review and Evaluation.--
            ``(1) In general.--The Director, acting through the 
        Associate Director of the Office of Health Services and the 
        country directors, shall review and evaluate the performance 
        and health care delivery of all Peace Corps medical staff, 
        including medical officers--
                    ``(A) to ensure compliance with all relevant Peace 
                Corps policies, practices, and guidelines; and
                    ``(B) to ensure that medical staff complete the 
                necessary continuing medical education to maintain 
                their skills and satisfy licensing and credentialing 
                standards, as designated by the Director.
            ``(2) Report to congress.--The Director shall include, in 
        the annual Peace Corps congressional budget justification, a 
        confirmation that the review and evaluation of all Peace Corps 
        medical staff required under paragraph (1) has been completed.
    ``(c) Antimalarial Drugs.--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.''.
    (b) Implementation of Recommendations by the Inspector General of 
the Peace Corps.--
            (1) Inspector general report.--As promptly as practicable, 
        the Director shall implement the actions outlined in the agency 
        response for all open recommendations of the Inspector General 
        of the Peace Corps set forth in the report entitled ``Final 
        Program Evaluation Report: OIG Follow-up Evaluation of Issues 
        Identified in the 2010 Peace Corps/Morocco Assessment of 
        Medical Care'' (Report No. IG-16-01-E).
            (2) Semiannual reports.--
                    (A) Initial report.--Not later than 6 months after 
                the date of the enactment of this Act, the Director 
                shall submit a report to the appropriate congressional 
                committees that describes the Director's strategy for 
                implementing the recommendations referred to in 
                paragraph (1).
                    (B) Subsequent reports.--Not later than 6 months 
                after the submission of the report required under 
                subparagraph (A), and semiannually thereafter, the 
                Director shall submit a report to the appropriate 
                congressional committees that describes the progress in 
                implementing the recommendations referred to in 
                paragraph (1) until all such recommendations have been 
                implemented in accordance with the agency's response to 
                the report referred to in such paragraph.
            (3) Notification.--After the submission of each report 
        required under paragraph (2), the Inspector General of the 
        Peace Corps may notify the appropriate congressional committees 
        of any recommendations from the report referred to in paragraph 
        (1) that the Inspector General determines remain unresolved.

SEC. 102. POST-SERVICE PEACE CORPS VOLUNTEER MEDICAL CARE REFORM.

    Section 8142 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) The Secretary shall authorize the Director of the Peace 
Corps to furnish medical benefits to a volunteer, who is injured during 
the volunteer's period of service, for a period of 120 days following 
the termination of such service if the Director certifies that the 
volunteer's injury probably meets the requirements under subsection 
(c)(3). The Secretary may then certify vouchers for these expenses for 
such volunteer out of the Employees' Compensation Fund.
    ``(2) The Secretary shall prescribe the form and content of the 
certification required under paragraph (1).
    ``(3) A certification under paragraph (1) will cease to be 
effective if the volunteer sustains compensable disability in 
connection with volunteer service.
    ``(4) Nothing in this subsection may be construed to authorize the 
furnishing of any medical benefit that the Secretary of Labor is not 
otherwise authorized to reimburse for former Peace Corps volunteers who 
receive treatment for injury or disease proximately caused by their 
service in the Peace Corps in accordance with this chapter.''.

SEC. 103. PEACE CORPS IMPACT SURVEY.

    (a) In General.--Beginning not later than 1 year after the date of 
the enactment of this Act and once every 2 years for the following 6 
years, the Director shall conduct a survey of former Peace Corps 
volunteers.
    (b) Scope of Survey.--The survey required under subsection (a) 
shall assess, with respect to each former Peace Corps volunteer 
completing the survey, the impact of the Peace Corps on the former 
volunteer, including the volunteer's--
            (1) well-being;
            (2) career;
            (3) civic engagement; and
            (4) commitment to public service.
    (c) Report.--The Director shall submit a report containing the 
results of the survey conducted under subsection (a) to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Foreign Affairs of the House of 
        Representatives;
            (3) the Committee on Appropriations of the Senate; and
            (4) the Committee on Appropriations of the House of 
        Representatives.
    (d) Paperwork Reduction Act Exemption.--Subchapter I of chapter 35 
of title 44, United States Code (commonly known as the ``Paperwork 
Reduction Act of 1980''), shall not apply to the collection of 
information through the survey required under this section.

SEC. 104. EXTENSION OF POSITIONS FOR PEACE CORPS EMPLOYEES.

    Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is amended 
by adding at the end the following:
            ``(8) Designation of critical positions.--
                    ``(A) In general.--The Director of the Peace Corps 
                may designate Peace Corps positions as critical 
                management or management support positions that require 
                specialized technical or professional skills and 
                knowledge of Peace Corps operations. Such positions may 
                include positions in the following fields:
                            ``(i) Volunteer health services.
                            ``(ii) Financial management.
                            ``(iii) Information technology.
                            ``(iv) Procurement.
                            ``(v) Personnel.
                            ``(vi) Legal services.
                            ``(vii) Safety and security.
                    ``(B) Authority.--Subject to subparagraphs (C) and 
                (D), with respect to positions designated pursuant to 
                subparagraph (A), the Director may make or extend 
                renewable appointments or assignments under paragraph 
                (2) notwithstanding limitations under subparagraphs (A) 
                and (B) of paragraph (2) and paragraph (5).
                    ``(C) Requirements.--In exercising authority under 
                subparagraph (B), the Director shall ensure that all 
                decisions regarding the appointment, assignment, or 
                extension of employees to any such position--
                            ``(i) are consistent with Federal law and 
                        Peace Corps policy; and
                            ``(ii) are based upon operational and 
                        programmatic factors.
                    ``(D) Duration of appointments.--The term of any 
                appointment or assignment to any position designated 
                under subparagraph (A) may not exceed 5 years.''.

           TITLE II--PEACE CORPS OVERSIGHT AND ACCOUNTABILITY

SEC. 201. PEACE CORPS VOLUNTEER ACCESS TO INSPECTOR GENERAL.

    Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended--
            (1) in subsection (a), by striking ``he'' and inserting 
        ``the President''; and
            (2) by adding at the end the following:
    ``(c) Availability of the Office of Inspector General.--
            ``(1) Training requirement.--As part of the training 
        provided to all volunteers under subsection (a), and in 
        coordination with the Inspector General of the Peace Corps, the 
        President shall provide all volunteers with--
                    ``(A) information regarding the mandate of the 
                Inspector General and the availability of the Inspector 
                General as a resource for volunteers;
                    ``(B) the contact information of the Inspector 
                General;
                    ``(C) information regarding the mandate of the 
                Office of Victim Advocacy and the availability of the 
                Office of Victim Advocacy as a resource for volunteers; 
                and
                    ``(D) the contact information of the Office of 
                Victim Advocacy.
            ``(2) Frequency of training.--The President shall ensure 
        that volunteers receive the information described in paragraph 
        (1) not less frequently than--
                    ``(A) once during pre-enrollment training; and
                    ``(B) once during each significant training 
                provided by the Peace Corps to volunteers after 
                enrollment.''.

SEC. 202. CONSULTATION WITH CONGRESS REQUIRED BEFORE OPENING OR CLOSING 
              OVERSEAS OFFICES AND COUNTRY PROGRAMS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
inserting after section 10 (22 U.S.C. 2509) the following:

``SEC. 10A. CONSULTATION WITH CONGRESS REQUIRED BEFORE OPENING OR 
              CLOSING OVERSEAS OFFICES AND COUNTRY PROGRAMS.

    ``(a) In General.--Except as provided in subsection (b), the 
Director of the Peace Corps may not open, close, significantly reduce, 
or suspend a domestic or overseas office or country program unless the 
Director has notified and consulted with the Committee on Foreign 
Relations of the Senate, the Committee on Appropriations of the Senate, 
the Committee on Appropriations of the House of Representatives, and 
the Committee on Foreign Affairs of the House of Representatives.
    ``(b) Waiver.--The Director may waive the application of subsection 
(a) if an action described in such subsection is necessary to 
ameliorate a substantial security risk to Peace Corps volunteers or 
other Peace Corps personnel.''.

SEC. 203. PUBLICATION REQUIREMENT FOR VOLUNTEER SURVEYS.

    Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended--
            (1) in subsection (b), by inserting after the first 
        sentence the following: ``The President shall ensure that each 
        performance plan established under this subsection for a Peace 
        Corps representative includes a consideration of the results, 
        with respect to such representative and the country of service 
        of such representative, of each survey conducted under 
        subsection (c).''; and
            (2) in subsection (c)--
                    (A) in the first sentence, by striking ``2018'' and 
                inserting ``2023''; and
                    (B) by adding at the end the following: ``The 
                President shall publish, on a publicly available 
                website of the Peace Corps, a report summarizing the 
                results of each survey related to volunteer 
                satisfaction in each country in which volunteers serve, 
                and the early termination rate of volunteers serving in 
                each such country. The information published shall be 
                posted in an easily accessible place near the 
                description of the appropriate country and shall be 
                written in an easily understood manner.''.

              TITLE III--CRIME RISK REDUCTION ENHANCEMENTS

SEC. 301. INDEPENDENT REVIEW OF VOLUNTEER DEATH.

    Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended by 
inserting after subsection (c) the following:
    ``(d)(1) Consistent with the Inspector General Act of 1978 (5 
U.S.C. App.), the Inspector General of the Peace Corps may 
independently review the facts and circumstances surrounding the death 
of a volunteer and the actions taken by the Peace Corps in responding 
to such incident.
    ``(2) Not later than 10 days after receiving notification of the 
death of a volunteer, the President shall provide a briefing to the 
Inspector General, which shall include--
            ``(A)(i) the available facts and circumstances surrounding 
        the death of the volunteer, including a preliminary timeline of 
        the events immediately preceding the death of the volunteer, 
        subsequent actions taken by the Peace Corps, and any 
        information available to the Peace Corps reflecting on the 
        cause or root cause of the volunteer's death; and
            ``(ii) a description of any steps the Peace Corps plans to 
        take to inquire further into the cause or root cause of the 
        volunteer's death, including the anticipated date of the 
        completion of such inquiry; or
            ``(B) an explanation of why the Peace Corps has determined 
        that no further inquiry into the cause or root cause of the 
        volunteer's death is necessary, including--
                    ``(i) a description of the steps the Peace Corps 
                took to determine further inquiry was not necessary; 
                and
                    ``(ii) the basis for such determination.
    ``(3) If the Peace Corps has performed or engaged another entity to 
perform a root cause analysis or similar report that describes the root 
cause or proximate cause of a volunteer death, the President shall 
provide the Inspector General of the Peace Corps with--
            ``(A) a copy of all information provided to such entity at 
        the time such information is provided to such entity or used by 
        the Peace Corps to perform the analysis;
            ``(B) a copy of any report or study received from the 
        entity or used by the Peace Corps to perform the analysis; and
            ``(C) any supporting documentation upon which the Peace 
        Corps or such entity relied to make its determination, 
        including the volunteer's complete medical record, as soon as 
        such information is available to the Peace Corps.
    ``(4) If a volunteer dies, the Peace Corps shall take reasonable 
measures, in accordance with local laws, to preserve any information or 
material, in any medium or format, that may be relevant to determining 
the cause or root cause of the volunteer's death, including personal 
effects, medication, and other tangible items belonging to the 
volunteer, as long as such measures do not interfere with the legal 
procedures of the host country if the government of the host country is 
exercising jurisdiction over the investigation of such death. The 
Inspector General of the Peace Corps shall be provided an opportunity 
to inspect such items before their final disposition.
    ``(5) For the purposes of undertaking a review under this section, 
an officer or employee of the United States or a member of the Armed 
Forces may be detailed to the Inspector General of the Peace Corps from 
another department of the United States Government on a nonreimbursable 
basis, as jointly agreed to by the Inspector General and the detailing 
department, for a period not to exceed 1 year. This paragraph may not 
be construed to limit or modify any other source of authority for 
reimbursable or nonreimbursable details. A nonreimbursable detail made 
under this section shall not be considered an augmentation of the 
appropriations of the Peace Corps.
    ``(6) Upon request, the Peace Corps may make available necessary 
funds to the Inspector General of the Peace Corps for reviews conducted 
by the Inspector General under this section. The request shall be 
limited to costs relating to hiring, procuring, or otherwise obtaining 
medical-related experts or expert services, and associated travel.
    ``(7) The undertaking of a review under this section shall not be 
considered a transfer of program operating responsibilities to the 
Inspector General of the Peace Corps.''.

SEC. 302. MONITORING TRAINING RECORDS.

    Section 8 of the Peace Corps Act (22 U.S.C. 2507), as amended by 
section 201, is further amended by adding at the end the following:
    ``(d) Training Records.--The President shall implement procedures 
to maintain a written record verifying the attendance of each 
individual completing the training required under this section and 
sections 8A, 8B, and 8F.''.

SEC. 303. ADDITIONAL DISCLOSURES TO APPLICANTS FOR ENROLLMENT AS 
              VOLUNTEERS.

    Section 8A(d) of the Peace Corps Act (22 U.S.C. 2507a(d)) is 
amended to read as follows:
    ``(d) Information Regarding Crimes and Risks.--Each applicant for 
enrollment as a volunteer shall be provided, with respect to the 
country in which the applicant has been invited to serve, with 
information regarding crimes against and risks to volunteers, 
including--
            ``(1) an overview of past crimes against volunteers in such 
        country;
            ``(2) the current early termination rate of volunteers 
        serving in such country;
            ``(3) health risks in such country; and
            ``(4) the level of satisfaction reported by volunteers 
        serving in such country.''.

SEC. 304. ADDITIONAL PROTECTIONS AGAINST SEXUAL MISCONDUCT.

    Section 8B(a) of the Peace Corps Act (22 U.S.C. 2507b(a)) is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) maintains a record documenting the resignation of any 
        employee or volunteer of the Peace Corps who resigns before a 
        determination has been made regarding an alleged violation of 
        the sexual misconduct policy or other serious policy 
        violations;
            ``(8) takes into account the record maintained under 
        paragraph (7) before such employee or volunteer is hired, is 
        enrolled, or otherwise work with the Peace Corps; and
            ``(9) provides orientation or information regarding the 
        awareness and prevention of sexual assault to--
                    ``(A) Peace Corps-selected host families; and
                    ``(B) a designated person of authority at the 
                volunteer's initial workplace.''.

SEC. 305. IMMEDIATE VICTIM ADVOCACY NOTIFICATION.

    Section 8B(a)(3) of the Peace Corps Act (22 U.S.C. 2507b(a)(3)) is 
amended by striking ``SARLs to immediately contact'' and inserting 
``the Peace Corps to designate the staff at each post who shall be 
responsible for providing the services described in subsection (c) and 
for immediately contacting''.

SEC. 306. EXTENSION OF THE OFFICE OF VICTIM ADVOCACY.

    Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended--
            (1) in the heading to subsection (a), by striking 
        ``Victims'' and inserting ``Victim''; and
            (2) by striking subsection (e).

SEC. 307. REFORM AND EXTENSION OF THE SEXUAL ASSAULT ADVISORY COUNCIL.

    Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
            (1) in subsection (b), by striking ``not less than 8 
        individuals selected by the President, not later than 180 days 
        after the date of the enactment of this section,'' and 
        inserting ``not fewer than 8 and not more than 14 individuals 
        selected by the President''; and
            (2) in subsection (g), by striking ``2018'' and inserting 
        ``2023''.

SEC. 308. DEFINITIONS.

    Section 26 of the Peace Corps Act (22 U.S.C. 2522) is amended--
            (1) by redesignating subsections (a), (b), (c), (d), (e), 
        (f), and (g) as paragraphs (1), (6), (2), (3), (8), (7), and 
        (5), respectively, by arranging such redesignated paragraphs in 
        numerical order, and by moving such paragraphs 2 ems to the 
        right;
            (2) in paragraph (1), as redesignated, by striking ``(1)'' 
        and inserting the following:
    ``In this Act:
            ``(1)''; and
            (3) by inserting after paragraph (3), as redesignated, the 
        following:
            ``(4) The term `medical officer' means a physician, nurse 
        practitioner, physician's assistant, or registered nurse with 
        the professional qualifications, expertise, and abilities 
        consistent with the needs of the Peace Corps and the post to 
        which he or she is assigned, as determined by the Director of 
        the Peace Corps.''.

            Passed the Senate March 13, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2286

_______________________________________________________________________

                                 AN ACT

To amend the Peace Corps Act to provide greater protection and services 
          for Peace Corps volunteers, and for other purposes.