H.R. 2259 — what changed
Sam Farr and Nick Castle Peace Corps Reform Act of 2018
From Introduced in House to Engrossed in House. 2 sections amended, 13 added, and 9 removed between Introduced in House and Engrossed in House.
Section 1 Short title; table of contents
removed
This Act may be cited as the “Sam Farr Peace Corps Enhancement Act”.
Sec. 2 Definitions
added In this Act:
removed
“(d)
removed
“(1) The Director of the Peace Corps shall provide the initial furnishing of medical and other benefits under section 8103(b) of this title to any former volunteer for the 180-day period beginning on the date of termination of the service of such volunteer, to the extent that the Director determines that such benefits are given with respect to an injury that is probably compensable under this section (as such term is defined for purposes of section 8103(b)). The provision of such benefits may be authorized directly or by the certification of vouchers, in accordance with section 8103(b).
removed
“(2) A volunteer may not be provided medical or other benefits pursuant to paragraph (1) unless the injury with respect to which such benefits would be provided was proximately caused by the employment of such volunteer under subsection (c)(2).
removed
“(3) Notwithstanding the 180-day limitation period under paragraph (1), a volunteer may receive medical or other benefits provided pursuant to such paragraph with respect to an injury until the date on which the Secretary of Labor makes a final determination with respect to compensation for such injury under this section, if the volunteer applied for such compensation before the last day of such limitation period.
removed
“(4) The Director shall consult with health experts outside the Peace Corps, including experts licensed in the field of mental health, in order to provide the best standard of care.
removed
“(5) The provisions of section 8116(c) of this title regarding liability shall apply with respect to benefits provided to a former volunteer under this section in the same manner and to the same extent as such provisions apply with respect to benefits provided to an employee of the United States.”
removed
“(o) The Director of the Peace Corps may only prescribe mefloquine to a volunteer, including as a trial prescription to a volunteer who chooses to use such medication before departing the United States to a post, on an individual basis and in accordance with relevant recommendations or guidelines issued by the Director of the Centers for Disease Control and Prevention or the Commissioner of Food and Drugs, after counseling such volunteer about the benefits, risks, and side effects of each available medication for the prophylaxis of malaria. The Director shall monitor the volunteer during the course of such prescription for the development of any side effects (or determine that the volunteer has been so monitored), evaluate the volunteer at the completion of such course for evidence of neuropsychiatric symptoms (or determine that the volunteer has been so evaluated), and report to the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs any such side effects or symptoms. A volunteer may only switch to the use of mefloquine from another drug for the prophylaxis of malaria while serving at a post if another medication for the prophylaxis of malaria is simultaneously provided to such volunteer in a manner that ensures continuous protection against malaria.
removed
“(p) It is the policy of the United States to recognize the importance of Peace Corps volunteers and the core function that such volunteers play within the agency. The President should therefore prioritize the provision of health care services and necessary safety and security support for all volunteers.
removed
“(q)
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“(1) Whoever engages in conduct outside the United States against a volunteer that would constitute an offense under any section listed in paragraph (2) if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code) shall be punished as provided for that offense.
removed
“(2) The sections listed in this paragraph are sections 113, 1111, 1112, 1113, 1117 (to the extent that such section applies to section 1111), 1201, 2241, 2242, 2244, and 2261A of title 18, United States Code.
removed
“(3) For purposes of this subsection, paragraph (9)(B) (regarding residences in foreign countries) of section 7 of title 18, United States Code, shall include the residences used by volunteers in foreign countries and the land appurtenant or ancillary thereto, irrespective of ownership.”
Sec. 3 Provisions regarding employees of the peace corps
removed
removed
Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended—
removed
“(8)
removed
“(A) The Director of the Peace Corps may designate a position as a “critical management position” or a “critical management support position” if the position requires specialized technical or professional skills and knowledge of Peace Corps operations, such as positions that involve volunteer health services, financial management, information technology, procurement, personnel, legal services, or safety or security.
removed
“(B) Notwithstanding any limitation set forth in paragraph (2) and subject to subparagraph (C), an appointment or assignment to a critical management position or a critical management support position designated under subparagraph (A) of this paragraph and any extension of such appointment or assignment shall be for a term of not more than five years.
removed
“(C) The Director shall ensure that any decision regarding an appointment, assignment, or extension of such appointment or assignment to a critical management position or a critical management support position shall be consistent with Peace Corps policies and based on operational and programmatic factors.”
removed
“(d)
removed
“(1)
removed
“(A) 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.
removed
“(B) An individual may be hired as a Peace Corps Medical Officer after consideration of the following criteria:
removed
“(i) Medical training, experience, accreditations, and other qualifications.
removed
“(ii) Administrative capabilities.
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“(iii) Understanding of the local language and culture.
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“(iv) Ability to work in the English language.
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“(v) Interpersonal skills.
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“(vi) Record of performance.
removed
“(vii) Any other factors the Director of the Peace Corps determines appropriate.
removed
“(2) 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 caused by the use of mefloquine and the data supporting the patient information handouts required by the Food and Drug Administration regarding mefloquine, including the potential capacity of the drug to cause permanent neuropsychiatric effects.”
Sec. 4 Monitoring training records
removed
removed
Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended—
removed
“(c) The President shall implement procedures to maintain a written record verifying the attendance of each individual completing training provided to meet each requirement in this section and sections 8A, 8B, 8F, and 8G(b).”
Sec. 5 Additional disclosures to applicants for enrollment as volunteers
removed
removed
Section 8A of the Peace Corps Act (22 U.S.C. 2507a) is amended—
removed
“(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 an overview of past crimes against volunteers in such country, the current early termination rate of volunteers serving in such country, any health risks prevalent in such country, and the level of satisfaction reported by volunteers serving in such country. Upon receiving such information, the applicant shall have the option to timely decline the invitation without retaliation and with priority to be invited to serve in a different country.”
Sec. 6 Reporting requirements with respect to victims of sexual assault
removed
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Paragraph (3) of section 8B(a) of the Peace Corps Act (22 U.S.C. 2507b(a)) is amended—
Sec. 7 Office of victim advocacy
removed
removed
Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended—
Sec. 8 Reform and extension of the sexual assault advisory council
removed
removed
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended—
Sec. 9 Publication requirement for volunteer surveys
removed
removed
Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended—
Sec. 10 Experts and consultants for the inspector general
removed
removed
Section 13 of the Peace Corps Act (22 U.S.C. 2512) is amended—
removed
“(c) An expert, consultant, or organization thereof employed pursuant to subsection (a) by the Inspector General of the Peace Corps may be compensated without regard to the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code.”
Sec. 11 Report and survey on volunteer access to health care benefits
removedSec. 101 Peace Corps volunteer medical care reform
addedadded “(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.”
added “5A. Health care for volunteers at Peace Corps posts
added “(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.
added “(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—
added “(1) medical training, experience, and accreditations or other qualifications;
added “(2) record of performance;
added “(3) administrative capabilities;
added “(4) understanding of the local language and culture;
added “(5) ability to work in the English language;
added “(6) interpersonal skills; and
added “(7) such other factors that the Director determines appropriate.
added “(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.
added “(d) Review and evaluation
added “(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—
added “(A) ensure compliance with all relevant Peace Corps policies, practices, and guidelines; and
added “(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.
added “(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.
added “(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.”
Sec. 102 Post-service peace corps volunteer medical care reform
addedadded Section 8142 of title 5, United States Code, is amended by adding at the end the following new subsection:
added “(d)
added “(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.
added “(2) The Secretary shall prescribe the form and content of the certification required under paragraph (1).
added “(3) A certification under paragraph (1) will cease to be effective if the volunteer sustains compensable disability in connection with volunteer service.
added “(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
addedSec. 104 Extension of positions for Peace Corps employees
addedadded 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:
added “(8)
added “(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:
added “(i) Volunteer health services.
added “(ii) Financial management.
added “(iii) Information technology.
added “(iv) Procurement.
added “(v) Personnel.
added “(vi) Legal services.
added “(vii) Safety and security.
added “(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).
added “(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)—
added “(i) are consistent with Federal law and Peace Corps policy; and
added “(ii) are based upon operational and programmatic factors.
added “(D) The term of any appointment or assignment to any position designated pursuant to subparagraph (A) may not exceed 5 years.”
Sec. 201 Peace Corps volunteer access to Inspector General
addedadded Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended—
added “(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).”
Sec. 202 Publication requirement for volunteer surveys
addedadded Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended—
Sec. 203 Consultation with Congress required before opening or closing overseas offices and country programs
addedadded Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended by adding at the end the following new subsection:
added “(k)
added “(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.
added “(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.
added “(3) For the purposes of this subsection, the term “appropriate congressional committees” means—
added “(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added “(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.”
Sec. 301 Independent review of volunteer death
addedadded 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:
added “(p)
added “(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—
added “(A)
added “(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
added “(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
added “(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—
added “(i) a description of the steps the Peace Corps took to determine further inquiry was not necessary; and
added “(ii) the basis for such determination.
added “(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—
added “(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;
added “(B) a copy of any report or study received from the entity or used by the Peace Corps to perform the analysis; and
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.”
Sec. 302 Additional disclosures to applicants for enrollment as volunteers
addedadded Section 8A of the Peace Corps Act (22 U.S.C. 2507a(d)) is amended—
added “(d) Information regarding crimes and risks
added “(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—
added “(A) an overview of past crimes against volunteers in such country, including statistics regarding unreported crime collected through anonymous surveys;
added “(B) the current early termination rate of volunteers serving in such country;
added “(C) health risks prevalent in such country;
added “(D) the nature and frequency of sexual harassment reported by volunteers serving in such country;
added “(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
added “(F) the level of satisfaction reported by volunteers serving in such country.
added “(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.”
Sec. 303 Additional protections against sexual misconduct
addedadded Section 8B(a) of the Peace Corps Act (22 U.S.C. 2507b(a)) is amended—
added “(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;
added “(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;
added “(9) provides orientation or information regarding the awareness and prevention of sexual assault and sexual harassment to—
added “(A) Peace Corps-selected host families; and
added “(B) a designated person of authority at the volunteer’s initial workplace; and
added “(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—
added “(A) documented in an appropriate site history file and in the global tracking and recording system established pursuant to section 8H(c); and
added “(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.”
Sec. 304 Extension of the office of victim advocacy
addedadded Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended—
added “(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.”
Sec. 305 Reform and extension of the Sexual Assault Advisory Council
addedadded Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended—
Sec. 306 Definitions
addedadded Section 26 of the Peace Corps Act (22 U.S.C. 2522) is amended—
added “(1)”
added “(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.”