[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2259 Enrolled Bill (ENR)]
H.R.2259
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To amend the Peace Corps Act to expand services and benefits for
volunteers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Sam Farr and Nick
Castle Peace Corps Reform Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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e7cc8c2258ee5153a6e07a50d5d5bcb5cf51b6c539d390ed9887f1785263834d

TITLE II

-PEACE CORPS OVERSIGHT AND ACCOUNTABILITY

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TITLE III

-CRIME RISK REDUCTION ENHANCEMENTS

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)).

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(a) In General.--The Peace Corps Act is amended--
(1) in section 5 (22 U.S.C. 2504)--
(A) in subsection (e), in the first sentence, by striking
``receive such immunization and dental care preparatory to
their service'' and inserting ``receive, preparatory to their
service, such immunization, dental care, and information on
prescription options and potential interactions, as necessary
and appropriate and in accordance with subsection (f)'';
(B) by re-designating subsections (f), (g), (h), (i), (j),
(k), (l), (m), and (n) as subsections (g), (h), (i), (j), (k),
(l), (m), (n), and (o);
(C) by inserting after subsection (e) the following new
subsection--
``(f) The Director of the Peace Corps shall consult with health
experts outside 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 a
volunteer.''; and
(D) in subsection (i), as so redesignated, by striking
``section, and'' and inserting ``section), and''; and
(2) by inserting after section 5 the following new section:
``SEC. 5A. HEALTH CARE FOR VOLUNTEERS AT PEACE CORPS POSTS.
``(a) In General.--The President shall ensure that each overseas
post has the services of a medical office that is consistent in size
and scope with the needs of the Peace Corps at such post, including, if
necessary, by detailing to any such post the licensed medical staff of
other United States departments, agencies, or establishments.
``(b) Hiring Criteria.--In selecting medical officers and support
staff for overseas Peace Corps posts, the Director of the Peace Corps
shall 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 determines
appropriate.
``(c) Certain Training.--The Director of the Peace Corps shall
ensure that each Peace Corps medical officer serving in a malaria-
endemic country receives training in the recognition of the side
effects of such medications.
``(d) Review and Evaluation.--
``(1) In general.--The Director of the Peace Corps, 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, to--
``(A) ensure compliance with all relevant Peace Corps
policies, practices, and guidelines; and
``(B) 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 of the Peace Corps
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.
``(e) Antimalarial Drugs.--The Director of the Peace Corps 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 180 days 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 180 days 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.

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TITLE I

-PEACE CORPS VOLUNTEER SUPPORT

Section 8142 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(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.''.

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(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act and once every 2 years thereafter 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.

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Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is amended
by adding at the end the following new paragraph:
``(8)(A) 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) 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) In exercising authority under subparagraph (B), the
Director shall ensure that all decisions regarding the appointment,
assignment, or extension of employees to any position designated
pursuant to subparagraph (A)--
``(i) are consistent with Federal law and Peace Corps
policy; and
``(ii) are based upon operational and programmatic factors.
``(D) The term of any appointment or assignment to any position
designated pursuant to subparagraph (A) may not exceed 5 years.''.

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Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended--
(1) in subsection (a)--
(A) by striking ``he'' and inserting ``the President''; and
(B) by adding at the end the following new sentences: ``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 information regarding the mandate of the Inspector General
and the availability (including contact information) of the
Inspector General and the Office of Victim Advocacy as a
resource for volunteers. The President shall ensure that
volunteers receive such information at least once during
training that occurs prior to enrollment and at least once
during each significant instance of training after
enrollment.''; and
(2) by adding at the end the following new subsection:
``(c) The President shall implement procedures to maintain a record
verifying each individual completing training provided to meet each
requirement in this section and sections 8A, 8B, 8F, and 8G(b).''.

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Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended--
(1) in subsection (b), in the first sentence--
(A) by inserting ``, ensure that each such plan includes a
consideration of the results, with respect to each such
representative and the country of service of each such
representative, of each survey conducted under subsection
(c),'' after ``standards for Peace Corps representatives''; and
(B) by striking ``and shall review'' and inserting ``, and
review''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``2018'' and
inserting ``2023''; and
(B) in the third sentence, by striking ``subsection (a)''
and inserting ``subsection (b)''; and
(C) by adding at the end the following new sentences: ``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.''.

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CLOSING OVERSEAS OFFICES AND COUNTRY PROGRAMS.
Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended by
adding at the end the following new subsection:
``(k)(1) Except as provided in paragraph (2), 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 appropriate congressional committees at
least 15 days in advance.
``(2) The Director of the Peace Corps may waive the application of
paragraph (1) for a period of not more than 5 days after an action
described in such paragraph if the Director determines such action is
necessary to ameliorate a substantial security risk to Peace Corps
volunteers or other Peace Corps personnel.
``(3) For the purposes of this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.''.

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Section 5 of the Peace Corps Act (22 U.S.C. 2504), as amended by
section 101 of this Act, is further amended by adding at the end the
following new subsection:
``(p)(1) Not later than 10 days after receiving notification of the
death of a volunteer, the President shall provide a briefing to the
Inspector General of the Peace Corps that includes--
``(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 death
of the volunteer; and
``(ii) a description of any steps the Peace Corps plans to take
to inquire further into the cause or root cause of the death of the
volunteer, 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 death of the
volunteer 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.
``(2) If the Peace Corps has performed or engaged another entity to
perform a root cause analysis or similar report that describes the
cause or root 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.
``(3) 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 death of the volunteer, 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.
``(4) 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.
``(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 may 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 may not be
considered a transfer of program operating responsibilities to the
Inspector General of the Peace Corps.''.

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VOLUNTEERS.
Section 8A of the Peace Corps Act (22 U.S.C. 2507a(d)) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Information Regarding Crimes and Risks.--
``(1) In general.--Each applicant for enrollment as a volunteer
shall be provided, with respect to each country in which the
applicant may be invited to serve, with specific, aggregated, and
easily accessible information regarding crimes against and risks to
volunteers, including--
``(A) an overview of past crimes against volunteers in such
country, including statistics regarding unreported crime
collected through anonymous surveys;
``(B) the current early termination rate of volunteers
serving in such country;
``(C) health risks prevalent in such country;
``(D) the nature and frequency of sexual harassment
reported by volunteers serving in such country;
``(E) the extent and types of services provided by the
Peace Corps to volunteers serving in such country, including
access to medical care, counseling services, and assistance
from the Office of Victim Advocacy; and
``(F) the level of satisfaction reported by volunteers
serving in such country.
``(2) Option to timely decline.--Upon receiving information
described in paragraph (1), the applicant shall have the option to
change the country of consideration and identify a substitute
country.''; and
(2) in subsection (f)(2)(B)(iii), by striking ``victim
advocates'' and inserting ``Victim's Advocates,''.

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Section 8B(a) of the Peace Corps Act (22 U.S.C. 2507b(a)) is
amended--
(1) in paragraph (3)--
(A) by striking ``SARLs'' and inserting ``any employee of
the Peace Corps'';
(B) by striking ``Victim Advocate'' and inserting
``Victim's Advocate''; and
(C) by inserting ``and require the Peace Corps to designate
the staff at each post who shall be responsible for providing
the services described in subsection (c)'' before the semicolon
at the end;
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(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, enrolled, or otherwise
invited to work with the Peace Corps;
``(9) provides orientation or information regarding the awareness
and prevention of sexual assault and sexual harassment to--
``(A) Peace Corps-selected host families; and
``(B) a designated person of authority at the volunteer's
initial workplace; and
``(10) ensures, to the extent practicable and appropriate, that any
assault on, or any harm or injury to, a volunteer that is committed by
any member of a host family or any national of a host country that was
assigned by the Peace Corps to facilitate volunteer work is--
``(A) documented in an appropriate site history file and in the
global tracking and recording system established pursuant to
section 8H(c); and
``(B) taken into account with respect to determinations
regarding placements of future volunteers at such post and the
provision of any funds or other benefit by the Peace Corps.''.

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Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended--
(1) by striking ``victim advocate'' each place it appears and
inserting ``Victim's Advocate'';
(2) by striking ``victim advocates'' each place it occurs and
inserting ``Victim's Advocates''; and
(3) by amending subsection (e) to read as follows:
``(e) The Director of the Peace Corps shall include the head of the
Office of Victim Advocacy in agency-wide policymaking processes in the
same manner and to the same extent as the directors or associate
directors of other offices within the Peace Corps.''.

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COUNCIL.
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
(1) in subsection (b)--
(A) 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
(B) by inserting after the first sentence the following new
sentence: ``At least one member should be licensed in the field
of mental health and have prior experience working as a
counselor or therapist providing mental health care to
survivors of sexual assault in a victim services agency or
organization.''; and
(2) in subsection (c)--
(A) by inserting ``and implemented'' after ``sexual assault
policy developed''; and
(B) by adding at the end the following new sentence: ``To
carry out this subsection, the Council may conduct case reviews
and is authorized to have access, including through interviews,
to current and former volunteers (to the extent that such
volunteers provide the Peace Corps express consent to be
interviewed by the Council), to volunteer surveys under section
8E, to all data collected from restricted reporting, and to any
other information necessary to conduct case reviews, except
that the Council may not have access to any personally
identifying information associated with such surveys, data, or
information.''; and
(3) in subsection (g), by striking ``2018'' and inserting
``2023''.

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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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0288476005a67836291cabfcfb40e7c57d44dd5e8ad0cbfdf8c83c733638aff1

Sam Farr and Nick Castle Peace Corps Reform Act of 2018

Other Sections

TITLE II

TITLE III

TITLE I

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