[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5030-S5031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2762. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                  Subtitle I--Peace Corps Act of 2024

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Peace Corps Act of 
     2024''.

     SEC. 1097. 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 Act of 2024, 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 Act of 2024, 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. 1098. 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 1097 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 Act 
     of 2024, 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. 1099. 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.

[[Page S5031]]

       ``(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. 1099A. 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, 2029''.

     SEC. 1099B. 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.''.
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