H.R. 1456 — what changed

Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended—

changed “(f) In recognition of the transformative power of internet access in developing countries, international development efforts, and, as exemplified by its virtual service pilot initiative, the Peace Corps shall be administered to give particular attention to those programs, projects, training, and other activities which leverage the internet, as appropriate, for development, education, and social and economic mobility and to develop positions for volunteers that include such programs, projects, training, and other activities.”to—

added “(1) give particular attention to the expansion of those programs, projects, training, and other activities that leverage the internet, as appropriate, for development, education, and social and economic mobility; and

added “(2) develop positions for Peace Corps volunteers that include such programs, projects, training, and other activities.”

removed “(e) The Director of the Peace Corps shall—

removed “(1) 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

removed “(2) provide mental health care as an eligible health care service to such volunteers during and after their service.”

changed “(p) Notwithstanding any other provision of this section, with respect to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer, volunteer or trainee, the Director of the Peace Corps shall—

changed “(1) waive all such non-medical or non-security application requirements as the Director may determine for the re-enrollment of each such volunteer and trainee during the 1-year 2-year period beginning on the date of such involuntary end of service;

changed “(2) expedite prioritize the medical clearance for each such volunteer and trainee to facilitate re-enrollment;re-enrollment; and

changed “(3) permit each such volunteer, volunteer and trainee, to the extent possible, practicable and in consideration of the needs of overseas posts and the suitability of the volunteer or trainee to meet those needs, to resume the activity of each such volunteer and trainee at the time of the involuntary end of service; andservice.

changed “(4) provide each such volunteer, beginning on the date “(q) The Director of re-enrollment, with the compensation, Peace Corps may authorize separation allowances, benefits, and other terms in amounts determined by the Director, to Peace Corps volunteers and conditions of trainees whose service to which ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer is entitled under this Act.or trainee.”

removed “(q) The Director of the Peace Corps shall authorize a payout allowance, in an amount determined by the Director, to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer.”

changed Section 5(e) Subsection (d) of section 5 of the Peace Corps Act (22 U.S.C. 2504(e)) 2504), as redesignated pursuant to section 4, is amended to read as follows:

changed “(e)“(d)

changed “(1) Volunteers and trainees shall receive such health care (including, if necessary, for volunteers and trainees, services under section 8B of this title) 8B) during their service.service, as the Director of the Peace Corps may determine to be necessary or appropriate.

changed “(2) Applicants for enrollment shall receive such health examinations preparatory to their service, applicants for enrollment who have accepted an invitation to begin a period of training under section 8A of this title 8(a) shall 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).(e).

changed “(3) Returned volunteers shall receive such health examinations within six months after termination of their service, including services provided in accordance with section 8B of this title (except that the six-month limitation shall not apply in the case of such services), as the President may deem necessary or appropriate. Subject to such conditions as the President may prescribe, such health care may be provided in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this chapter. Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997.services).

changed “(4) Returned volunteers Subject to such conditions as the President may prescribe, such health care may be provided in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall receive—be reimbursed from appropriations available under this Act. Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 (Public Law 105–12).

changed “(A) three months “(5) Returned volunteers, including those whose period of health care service is subject to early termination as the result of an emergency, shall receive upon termination of their return service with the Peace Corps two months of short-term non-service-related health insurance for transition and travel (SHIFTT), to provide coverage for a 60-day period within which such volunteer will be advised to obtain qualifying health insurance, and an opportunity to extend for an additional 1 month such SHIFTT insurance, at the United States; andexpense of such volunteer.

changed “(B) “(6) Not later than 30 days before the date on which the period of service of a volunteer or trainee terminates, or 30 days after the date of such termination if such termination is the result of an opportunity emergency, the Director of the Peace Corps, in consultation with the Secretary of Health and Human Services, shall provide detailed information to extend for an additional 3 months such volunteer or trainee on options for health care, at care after termination other than health care provided by the expense of such volunteer.Peace Corps, including—

changed “(5) Not later than 30 days before the date “(A) where additional, detailed information, including on which the period of service of a volunteer or trainee terminates, the Director application process and eligibility requirements for medical assistance through State plans under title XIX of the Peace Corps, in consultation with the Secretary Social Security Act (or waiver of Health and Human Services, shall provide general guidance to such volunteer or trainee on options for State plans), may be obtained, including through external health care after termination other than “navigators” or health care provided by option identification services available within the Peace Corps, including information regarding—public and private sectors;

changed “(A) the application process and eligibility requirements for medical assistance through State “(B) where detailed information on qualified health plans under title XIX of may be obtained, including through external health care “navigators” or health care option identification services available within the Social Security Act (or waiver of State plans);public and private sectors; and

changed “(B) “(C) if such volunteer or trainee is 25 years of age or younger, detailed information regarding the qualified eligibility of such volunteer or trainee to enroll as a dependent child in a group health plans (as defined plan or health insurance coverage in section 1301(a) of which the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a))) offered through an Exchange established under title I parent of such Act, including the enrollment periods for enrolling in volunteer or trainee is enrolled if such plans; andplan or coverage offers such dependent coverage.”

removed “(C) if such volunteer or trainee is 25 years of age or younger, the eligibility of such volunteer or trainee to enroll as a dependent child in a group health plan or health insurance coverage in which the parent of such volunteer or trainee is enrolled if such plan or coverage offers such dependent coverage.

removed “(6) Paragraphs (4) and (5) shall apply to volunteers and trainees whose periods of service were subject to early termination as a result of an emergency or otherwise through no fault of the volunteer or trainee.”

Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is amended—

“(c) Antimalarial drugs

changed “(1) In general—The Director of the Peace Corps shall consult with experts at the Centers for Disease Control and Prevention regarding recommendations for prescribing malaria prophylaxis, and implement such recommendations to the extent practicable, in order to provide the best standard of care within the context of the Peace Corps environment.

“(2) 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) Access to menstrual products

“(1) In general—Not later than 180 days after the date of the enactment of this subsection, the Director of the Peace Corps shall establish a comprehensive policy to ensure Peace Corps volunteers who require menstrual products are able to access such products by—

“(A) increasing stipends for such volunteers to purchase such products; or

changed “(B) providing such volunteers with such products in the generic product types selected by such volunteer.volunteer, if available in the country of service.

“(2) Consideration—The policy required under paragraph (1) shall take into consideration the availability for purchase locally of menstrual products, the price of such products, and cultural norms regarding menstruation.

changed “(3) Cost—If stipends are increased pursuant to the policy required under paragraph (1), the Director of the Peace Corps shall ensure that such increase covers fully is sufficient to cover the average cost within the country of service of menstrual products purchased required by Peace Corps volunteers described in such paragraph.”volunteers.”

changed Section 8G of the The Peace Corps Act (22 U.S.C. 2507g) is amended by adding at the end inserting after section 5A (22 U.S.C. 2504a) the following new subsections:section:

changed “(d) Prohibition against reprisal“5B. Codification of Executive Order 11103

changed “(1) No volunteer may be subject “(a) Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; relating to a reprisal by any Peace Corps employee, volunteer, volunteer supervisor, contractor, subcontractor, agent, or outside party that receives funds from Providing for the Appointment of Former Peace Corps for making a report pursuant Volunteers to section 8G(a) or for reporting waste, fraud, abuse of authority, gross mismanagement, violations of law, discrimination or a threat the Civilian Career Services), as amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to health the Civil Service Commission and safety to persons or bodies identified covered identified Labor-Management in section 4712(a)(2) the Federal Service), as in effect on the day before the date of title 41, United States Code.the enactment of this section, shall remain in effect and have the full force and effect of law, consistent with subsection (b).

changed “(2) The Inspector General for the Peace Corp shall conduct the investigation pursuant to section 4712(b) of such title, and order relief as permitted pursuant to section 4712(c)(1) of such title.“(b)

changed “(3) A volunteer may appeal any action “(1) The period of eligibility for noncompetitive appointment to the Peace Corp Inspector General or otherwise seek judicial review pursuant civil service provided to paragraphs (2) through (7) an individual by operation of section 4712(c) subsection (a), including any individual who is so eligible on the date of the enactment of this section, shall be extended by the total number of days that, during such title.period—

changed “(4) The Peace Corp Inspector General shall ensure that volunteers are informed “(A) a hiring freeze for civilian employees of their rights under this provision consistent with the posting requirements Executive branch is in section 4712(d) effect by order of such title.the President with respect to any Executive agency at which the individual has applied for employment;

changed “(e) Dispute mediation—The Peace Corps shall offer an opportunity to resolve the dispute through mediation “(B) there is a lapse in procedures consistent appropriations with respect to any Executive agency at which the Administrative Dispute Resolution Act (Public Law 101–552; 104 Stat. 2736), as amended.individual has applied for employment; or

changed “(f) Respondent—The “(C) the individual is receiving disability compensation under section 8142 of title 5, United States Code, based on their service as a Peace Corps shall—volunteer, retroactive to the date the individual applied for such compensation.

changed “(1) be considered a respondent in all actions filed pursuant “(2) The period of eligibility for noncompetitive appointment status to this section; andthe civil service by operation of subsection (a) shall apply to a Peace Corps volunteer—

changed “(2) ensure all compensation or other forms “(A) whose service ended involuntarily as the result of relief are promptly provided to a suspension of volunteer operations by the volunteer.”Director of the Peace Corps, but shall not last longer than 12 months from the date on which such service ended involuntarily; or

added “(B) who re-enrolls as a volunteer in the Peace Corps after completion of a term of service.

added “(3) In this subsection:

added “(A) 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.

added “(B) The term “Executive agency” has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission, but does not include the Government Accountability Office.

added “(c) Subject to subsection (b), Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; 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 this section, shall, except as set forth herein, remain in effect and have the full force and effect of law. In the event of a conflict between the language herein and Executive Order 11103, the language herein shall prevail.

added “(d) Any volunteer whose service terminated after January 1, 2020, and who has been certified by the Director as having served satisfactorily as a volunteer under the Act may, for two years after their separation from the Peace Corps, be appointed to a position in any United States department, agency, or establishment in the competitive service under title 5, United States Code without competitive examination and in accordance with such regulations and conditions consistent with this subsection as may be prescribed by the Director of the Office of Personnel Management.”

changed Section 12 of the The Peace Corps Act (22 U.S.C. 2511) is amended—amended by inserting after section 5B, as added by section 6 of this Act, the following new section:

added “5C. Volunteers providing virtual services for the Peace Corps

added “(a) Declaration of policy—Congress declares that the Peace Corps has a demonstrated ability to deliver information, training, and technical assistance virtually through the internet and other electronic means to communities abroad.

added “(b) Authority—The Director of the Peace Corps is authorized to recruit individuals, who may be located within the United States or third countries, to provide services virtually by electronic means to communities in host countries to flexibly meet the expressed needs of those countries.

added “(c) Administrative provisions—The Director of the Peace Corps—

added “(1) may recruit, train, and accept, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals, especially those individuals who face barriers to serving physically in a host country, who shall serve on a part-time basis as virtual service volunteers to meet the expressed needs of host countries, such as information, training, and technical assistance, through the internet or other electronic or virtual means; and

added “(2) may provide for incidental expenses of such individuals, as determined by the Director to be appropriate for the nature of the assignments.

added “(d) Individuals not to be considered volunteers—An individual who provides services under the authority of this section shall not be considered to be a volunteer for purposes of section 5 unless the Director of the Peace Corps requires the individual to physically serve in the host country on a temporary basis.

added “(e) Individuals not to be considered federal employees—An individual who provides services under the authority of this section shall not be considered a Federal employee except for the purposes described in section 5(h).”

removed “(D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps;

removed “(E) make recommendations for increasing recruitment of volunteers from diverse backgrounds and better supporting such volunteers during their training and enrollment in the Peace Corps;

removed “(F) make recommendations to reduce any financial barriers to application, training, or enrollment in the Peace Corps, including a volunteer’s medical expenses and other out-of-pocket costs; and”

removed “(B) No member appointed under this paragraph may be an officer or employee of the Peace Corps.”

removed “(D) The members of the council shall be appointed to 2-year terms.”

removed “(3) The Director of the Peace Corps shall designate one of the voting members of the Council as Chair, who shall serve in such capacity for a term of two years.”

removed “(k) Independence of Inspector General—None of the activities or functions of the Council under subsection (b)(2) may undermine the independence or supersede the duties of the Inspector General of the Peace Corps.

removed “(l) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

removed “(m) Acceptance and use of donations—The Director of the Peace Corps may accept donations of funds, gifts, and in-kind contributions and use such donations without further appropriation for administrative expenses relating to the functions of the Council.

removed “(n) Multi-Year agreement—The Director of the Peace Corps may enter into a multi-year agreement with a nonprofit organization that supports current and returned Peace Corps volunteers, authorizing such nonprofit organization to solicit donations, on behalf of the Peace Corps, solely to support the administrative expenses relating to the functions of the Council. Any agreement under this subsection shall require the nonprofit organization at issue to transfer all donated funds received under such agreement to the Peace Corps for use under subsection (m).”

changed Section 19 8G of the Peace Corps Act (22 U.S.C. 2518) 2507g) is amended—amended by adding at the end the following new subsection:

added “(d) Prohibition against reprisal or retaliation

added “(1) 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.

added “(2) Reporting and investigation; relief

added “(A) In general—A volunteer may report a complaint or allegation of reprisal or retaliation—

added “(i) directly to the Inspector General of the Peace Corps, and the Inspector General may conduct such investigations and make such recommendations with respect to the complaint or allegation as the Inspector General considers appropriate; and

added “(ii) through other channels provided by the Peace Corps, including through the process for confidential reporting required in subsection (a).

added “(B) Relief—The Director of the Peace Corps—

added “(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

added “(ii) shall ensure such relief is promptly provided to the volunteer.

added “(3) Appeal

added “(A) In general—A volunteer may appeal to the Director of the Peace Corps any proposed or final resolution of a complaint or allegation of reprisal or retaliation.

added “(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.

added “(4) 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.

added “(5) 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.

added “(6) Staff member and volunteer cooperation—The Director of the Peace Corps may take such disciplinary or other administrative action, including termination of service or finding of ineligibility for re-employment or reinstatement, with respect to a staff member or volunteer who unreasonably refuses to cooperate with an investigation conducted by the Inspector General of the Peace Corps into a complaint or allegation of reprisal or retaliation.

added “(7) Definitions—In this subsection:

added “(A) 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 pursuant to 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, whenever the activity or occurrence complained of is based upon the reasonable belief of the volunteer that it has taken place.

added “(B) Covered official or office—The term “covered official or office” means any of the following:

added “(i) Any Peace Corps employee, including an employee of the Office of Inspector General.

added “(ii) A Member of Congress or a representative of a committee of Congress.

added “(iii) An Inspector General (other than the Peace Corps Inspector General).

added “(iv) The Government Accountability Office.

added “(v) An authorized official of the Department of Justice or other law enforcement agency.

added “(vi) A United States court or grand jury.”

changed The Peace Corps Act is amended by inserting after section 8I (22 U.S.C. 2501 et seq.) is amended—2507i) the following new section:

added “8J. Comprehensive illegal drug use policy with respect to Peace Corps volunteers

added “(a) In general—The Director shall develop and implement a comprehensive drug use policy with respect to Peace Corps volunteers. Such policy shall—

added “(1) establish a zero tolerance policy regarding volunteer or trainee involvement with illegal drugs; and

added “(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.

added “(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.

added “(c) Report—Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the illegal drug use policy required to be developed and implemented under this section.”

removed “26. Codification of certain Executive order relating to existing noncompetitive eligibility Federal hiring status for returning volunteers

removed “(a) Executive Order 11103 (28 Fed. Reg. 3571; Apr. 10, 1963), as amended by Executive Order 12107 (44 Fed. Reg. 1055; Dec. 28, 1978), as in effect on the day before the date of the enactment of this section, shall remain in effect and have the full force and effect of law, consistent with subsection (b).

removed “(b)

removed “(1) The period of eligibility for noncompetitive appointment to the civil service provided to an individual by operation of subsection (a), including any individual who is so eligible on the date of enactment of this section, shall be extended by the total number of days that, during such period—

removed “(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;

removed “(B) there is a lapse in appropriations with respect to any Executive agency at which the individual has applied for employment; or

removed “(C) the individual is receiving disability compensation under section 8142 of title 5, United States Code, based on their service as a Peace Corp volunteer, retroactive to the date the individual applied for such compensation.

removed “(2) The period of eligibility for noncompetitive appointment status to the civil service by operation of subsection (a) shall apply to a Peace Corps volunteer—

removed “(A) whose service ended involuntarily as the result of a suspension of volunteer operations by the Director of the Peace Corps, but shall not last longer than 12 months from the date on which such service ended involuntarily; or

removed “(B) who re-enrolls as a volunteer in the Peace Corps after completion of a term of service.

removed “(3) In this subsection:

removed “(A) 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.

removed “(B) The term Executive agency has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission, but does not include the Government Accountability Office.”

added Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended—

added “(D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps;

added “(E) make recommendations for increasing recruitment of volunteers from diverse backgrounds and better supporting such volunteers during their training and enrollment in the Peace Corps;

added “(F) make recommendations to reduce any financial barriers to application, training, or enrollment in the Peace Corps, including a volunteer’s medical expenses and other out-of-pocket costs; and”

added “(C) No member of the Council appointed under this paragraph may be an officer or employee of the Peace Corps.”

added “(D) The members of the Council shall be appointed to 2-year terms.”

added “(3) The Director of the Peace Corps shall designate one of the members of the Council as Chair, who shall serve in such capacity for a term of two years.”

added “(k) Independence of Inspector General—None of the activities or functions of the Council under subsection (b)(2) may undermine the independence or supersede the duties of the Inspector General of the Peace Corps.

added “(l) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

added “(m) Funding of the Council—The Council shall be fully funded from amounts made available to the Peace Corps to carry out this Act.”

removed The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

added “14A. Peace Corps volunteers serving within the United States at the request of another agency

added “The Director may recruit, train, and accept, for limited periods of time, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals who are not then serving outside the United States as volunteers or trainees (unless such appointment is made with the consent of the volunteer or trainee serving outside the United States as an extension of such service), who shall serve without compensation as domestic volunteers within the United States to provide assistance at the request of any Federal Government agency with authority to do so. Such service within the United States may be initiated by the Director following the request from the other agency and a determination by the Director that such action is in the best interests of the United States and the Peace Corps. Domestic volunteers shall not be considered volunteers under section 5 and shall not be deemed a Federal employee except for the purposes described in section 5(h). The Director may provide for incidental expenses of domestic volunteers, as determined by the Director to be appropriate for the nature of the assignments.”

removed “(5) The term national of the United States has the meaning given such term in section 101(a)(22)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)(B)).”

added Section 19 of the Peace Corps Act (22 U.S.C. 2518) is amended—

added The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

added “(5) The term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”

removed The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended—

removed “1. Short title; table of contents

removed “(a) Short title—This Act may be cited as the “Peace Corps Act”.

removed “(b) Table of contents—The table of contents for this Act is as follows:”

removed “(2) The term Director means the Director of the Peace Corps.”