Nick Castle Peace Corps Reform Act of 2018
This bill provides for certain support services and crime risk protections for Peace Corps volunteers.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2286 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2286
To amend the Peace Corps Act to provide greater protection and services
for Peace Corps volunteers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 10, 2018
Mr. Corker (for himself, Mrs. Feinstein, Mr. Isakson, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Peace Corps Act to provide greater protection and services
for Peace Corps volunteers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nick Castle Peace
Corps Reform Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PEACE CORPS VOLUNTEER SUPPORT
Sec. 101. Peace Corps volunteer medical care reform.
Sec. 102. Post-service Peace Corps volunteer medical care reform.
Sec. 103. Peace Corps impact survey.
Sec. 104. Extension of positions for Peace Corps employees.
TITLE II--PEACE CORPS OVERSIGHT AND ACCOUNTABILITY
Sec. 201. Peace Corps volunteer access to Inspector General.
Sec. 202. Consultation with Congress required before opening or closing
overseas offices and country programs.
Sec. 203. Publication requirement for volunteer surveys.
TITLE III--CRIME RISK REDUCTION ENHANCEMENTS
Sec. 301. Independent review of volunteer death.
Sec. 302. Monitoring training records.
Sec. 303. Additional disclosures to applicants for enrollment as
volunteers.
Sec. 304. Additional protections against sexual misconduct.
Sec. 305. Immediate victim advocacy notification.
Sec. 306. Extension of the Office of Victim Advocacy.
Sec. 307. Reform and extension of the Sexual Assault Advisory Council.
Sec. 308. Definitions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Director.--The term ``Director'' means the Director of
the Peace Corps.
(3) Peace corps volunteer.--The term ``Peace Corps
volunteer'' means an individual described in section 5(a) of
the Peace Corps Act (22 U.S.C. 2504(a)).
TITLE I--PEACE CORPS VOLUNTEER SUPPORT
SEC. 101. PEACE CORPS VOLUNTEER MEDICAL CARE REFORM.
(a) In General.--The Peace Corps Act (22 U.S.C. 2501 et seq.) is
amended by inserting after section 5 (22 U.S.C. 2504) the following:
``SEC. 5A. HEALTH CARE FOR VOLUNTEERS AT PEACE CORPS POSTS.
``(a) Health Care Medical Officers Selection Criteria.--In
selecting medical officers and support staff for overseas Peace Corps
posts, the Director shall strive to hire well-qualified and capable
personnel to support the effectiveness of health care for Peace Corps
volunteers by evaluating each candidate's--
``(1) medical training, experience, and accreditations or
other qualifications;
``(2) record of performance;
``(3) administrative capabilities;
``(4) understanding of the local language and culture;
``(5) ability to work in the English language;
``(6) interpersonal skills; and
``(7) such other factors that the Director considers to be
appropriate.
``(b) Review and Evaluation.--
``(1) In general.--The Director, acting through the
Associate Director of the Office of Health Services and the
country directors, shall review and evaluate the performance
and health care delivery of all Peace Corps medical staff,
including medical officers--
``(A) to ensure compliance with all relevant Peace
Corps policies, practices, and guidelines; and
``(B) to ensure that medical staff complete the
necessary continuing medical education to maintain
their skills and satisfy licensing and credentialing
standards, as designated by the Director.
``(2) Report to congress.--The Director shall include, in
the annual Peace Corps congressional budget justification, a
confirmation that the review and evaluation of all Peace Corps
medical staff required under paragraph (1) has been completed.
``(c) Antimalarial Drugs.--The Director shall consult with experts
at the Centers for Disease Control and Prevention regarding
recommendations for prescribing malaria prophylaxis, in order to
provide the best standard of care within the context of the Peace Corps
environment.''.
(b) Implementation of Recommendations by the Inspector General of
the Peace Corps.--
(1) Inspector general report.--As promptly as practicable,
the Director shall implement the actions outlined in the agency
response for all open recommendations of the Inspector General
of the Peace Corps set forth in the report entitled ``Final
Program Evaluation Report: OIG Follow-up Evaluation of Issues
Identified in the 2010 Peace Corps/Morocco Assessment of
Medical Care'' (Report No. IG-16-01-E).
(2) Semiannual reports.--
(A) Initial report.--Not later than 6 months after
the date of the enactment of this Act, the Director
shall submit a report to the appropriate congressional
committees that describes the Director's strategy for
implementing the recommendations referred to in
paragraph (1).
(B) Subsequent reports.--Not later than 6 months
after the submission of the report required under
subparagraph (A), and semiannually thereafter, the
Director shall submit a report to the appropriate
congressional committees that describes the progress in
implementing the recommendations referred to in
paragraph (1) until all such recommendations have been
implemented in accordance with the agency's response to
the report referred to in such paragraph.
(3) Notification.--After the submission of each report
required under paragraph (2), the Inspector General of the
Peace Corps may notify the appropriate congressional committees
of any recommendations from the report referred to in paragraph
(1) that the Inspector General determines remain unresolved.
SEC. 102. POST-SERVICE PEACE CORPS VOLUNTEER MEDICAL CARE REFORM.
Section 8142 of title 5, United States Code, is amended by adding
at the end the following:
``(d)(1) The Secretary shall authorize the Director of the Peace
Corps to furnish medical benefits to a volunteer, who is injured during
the volunteer's period of service, for a period of 120 days following
the termination of such service if the Director certifies that the
volunteer's injury probably meets the requirements under subsection
(c)(3). The Secretary may then certify vouchers for these expenses for
such volunteer out of the Employees' Compensation Fund.
``(2) The Secretary shall prescribe the form and content of the
certification required under paragraph (1).
``(3) A certification under paragraph (1) will cease to be
effective if the volunteer sustains compensable disability in
connection with volunteer service.
``(4) Nothing in this subsection may be construed to authorize the
furnishing of any medical benefit that the Secretary of Labor is not
otherwise authorized to reimburse for former Peace Corps volunteers who
receive treatment for injury or disease proximately caused by their
service in the Peace Corps in accordance with this chapter.''.
SEC. 103. PEACE CORPS IMPACT SURVEY.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act and once every 2 years for the following 6
years, the Director shall conduct a survey of former Peace Corps
volunteers.
(b) Scope of Survey.--The survey required under subsection (a)
shall assess, with respect to each former Peace Corps volunteer
completing the survey, the impact of the Peace Corps on the former
volunteer, including the volunteer's--
(1) well-being;
(2) career;
(3) civic engagement; and
(4) commitment to public service.
(c) Report.--The Director shall submit a report containing the
results of the survey conducted under subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Paperwork Reduction Act Exemption.--Subchapter I of chapter 35
of title 44, United States Code (commonly known as the ``Paperwork
Reduction Act of 1980''), shall not apply to the collection of
information through the survey required under this section.
SEC. 104. EXTENSION OF POSITIONS FOR PEACE CORPS EMPLOYEES.
Section 7(a) of the Peace Corps Act (22 U.S.C. 2506(a)) is amended
by adding at the end the following:
``(8) Designation of critical positions.--
``(A) In general.--The Director of the Peace Corps
may designate Peace Corps positions as critical
management or management support positions that require
specialized technical or professional skills and
knowledge of Peace Corps operations. Such positions may
include positions in the following fields:
``(i) Volunteer health services.
``(ii) Financial management.
``(iii) Information technology.
``(iv) Procurement.
``(v) Personnel.
``(vi) Legal services.
``(vii) Safety and security.
``(B) Authority.--Subject to subparagraphs (C) and
(D), with respect to positions designated pursuant to
subparagraph (A), the Director may make or extend
renewable appointments or assignments under paragraph
(2) notwithstanding limitations under subparagraphs (A)
and (B) of paragraph (2) and paragraph (5).
``(C) Requirements.--In exercising authority under
subparagraph (B), the Director shall ensure that all
decisions regarding the appointment, assignment, or
extension of employees to any such position--
``(i) are consistent with Federal law and
Peace Corps policy; and
``(ii) are based upon operational and
programmatic factors.
``(D) Duration of appointments.--The term of any
appointment or assignment to any position designated
under subparagraph (A) may not exceed 5 years.''.
TITLE II--PEACE CORPS OVERSIGHT AND ACCOUNTABILITY
SEC. 201. PEACE CORPS VOLUNTEER ACCESS TO INSPECTOR GENERAL.
Section 8 of the Peace Corps Act (22 U.S.C. 2507) is amended--
(1) in subsection (a), by striking ``he'' and inserting
``the President''; and
(2) by adding at the end the following:
``(c) Availability of the Office of Inspector General.--
``(1) Training requirement.--As part of the training
provided to all volunteers under subsection (a), and in
coordination with the Inspector General of the Peace Corps, the
President shall provide all volunteers with--
``(A) information regarding the mandate of the
Inspector General and the availability of the Inspector
General as a resource for volunteers; and
``(B) the contact information of the Inspector
General.
``(2) Frequency of training.--The President shall ensure
that volunteers receive the information described in paragraph
(1) not less frequently than--
``(A) once during pre-enrollment training; and
``(B) once during each significant training
provided by the Peace Corps to volunteers after
enrollment.''.
SEC. 202. CONSULTATION WITH CONGRESS REQUIRED BEFORE OPENING OR CLOSING
OVERSEAS OFFICES AND COUNTRY PROGRAMS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 10 (22 U.S.C. 2509) the following:
``SEC. 10A. CONSULTATION WITH CONGRESS REQUIRED BEFORE OPENING OR
CLOSING OVERSEAS OFFICES AND COUNTRY PROGRAMS.
``(a) In General.--Except as provided in subsection (b), the
Director of the Peace Corps may not open, close, significantly reduce,
or suspend a domestic or overseas office or country program unless the
Director has notified and consulted with the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(b) Waiver.--The Director may waive the application of subsection
(a) if an action described in such subsection is necessary to
ameliorate a substantial security risk to Peace Corps volunteers or
other Peace Corps personnel.''.
SEC. 203. PUBLICATION REQUIREMENT FOR VOLUNTEER SURVEYS.
Section 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended--
(1) in subsection (b), by inserting after the first
sentence the following: ``The President shall ensure that each
performance plan established under this subsection for a Peace
Corps representative includes a consideration of the results,
with respect to such representative and the country of service
of such representative, of each survey conducted under
subsection (c).''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``2018'' and
inserting ``2023''; and
(B) by adding at the end the following: ``The
President shall publish, on a publicly available
website of the Peace Corps, a report summarizing the
results of each survey related to volunteer
satisfaction in each country in which volunteers serve,
and the early termination rate of volunteers serving in
each such country. The information published shall be
posted in an easily accessible place near the
description of the appropriate country and shall be
written in an easily understood manner.''.
TITLE III--CRIME RISK REDUCTION ENHANCEMENTS
SEC. 301. INDEPENDENT REVIEW OF VOLUNTEER DEATH.
Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended by
inserting after subsection (c) the following:
``(d)(1) Consistent with the Inspector General Act of 1978 (5
U.S.C. App.), the Inspector General of the Peace Corps may
independently review the facts and circumstances surrounding the death
of a volunteer and the actions taken by the Peace Corps in responding
to such incident.
``(2) Not later than 10 days after receiving notification of the
death of a volunteer, the President shall provide a briefing to the
Inspector General, which shall include--
``(A)(i) the available facts and circumstances surrounding
the death of the volunteer, including a preliminary timeline of
the events immediately preceding the death of the volunteer,
subsequent actions taken by the Peace Corps, and any
information available to the Peace Corps reflecting on the
cause or root cause of the volunteer's death; and
``(ii) a description of any steps the Peace Corps plans to
take to inquire further into the cause or root cause of the
volunteer's death, including the anticipated date of the
completion of such inquiry; or
``(B) an explanation of why the Peace Corps has determined
that no further inquiry into the cause or root cause of the
volunteer's death is necessary, including--
``(i) a description of the steps the Peace Corps
took to determine further inquiry was not necessary;
and
``(ii) the basis for such determination.
``(3) If the Peace Corps has performed or engaged another entity to
perform a root cause analysis or similar report that describes the root
cause or proximate cause of a volunteer death, the President shall
provide the Inspector General of the Peace Corps with--
``(A) a copy of all information provided to such entity at
the time such information is provided to such entity or used by
the Peace Corps to perform the analysis;
``(B) a copy of any report or study received from the
entity or used by the Peace Corps to perform the analysis; and
``(C) any supporting documentation upon which the Peace
Corps or such entity relied to make its determination,
including the volunteer's complete medical record, as soon as
such information is available to the Peace Corps.
``(4) If a volunteer dies, the Peace Corps shall take reasonable
measures, in accordance with local laws, to preserve any information or
material, in any medium or format, that may be relevant to determining
the cause or root cause of the volunteer's death, including personal
effects, medication, and other tangible items belonging to the
volunteer, as long as such measures do not interfere with the legal
procedures of the host country if the government of the host country is
exercising jurisdiction over the investigation of such death. The
Inspector General of the Peace Corps shall be provided an opportunity
to inspect such items before their final disposition.
``(5) For the purposes of undertaking a review under this section,
an officer or employee of the United States or a member of the Armed
Forces may be detailed to the Inspector General of the Peace Corps from
another department of the United States Government on a nonreimbursable
basis, as jointly agreed to by the Inspector General and the detailing
department, for a period not to exceed 1 year. This paragraph may not
be construed to limit or modify any other source of authority for
reimbursable or nonreimbursable details. A nonreimbursable detail made
under this section shall not be considered an augmentation of the
appropriations of the Peace Corps.
``(6) Upon request, the Peace Corps may make available necessary
funds to the Inspector General of the Peace Corps for reviews conducted
by the Inspector General under this section. The request shall be
limited to costs relating to hiring, procuring, or otherwise obtaining
medical-related experts or expert services, and associated travel.
``(7) The undertaking of a review under this section shall not be
considered a transfer of program operating responsibilities to the
Inspector General of the Peace Corps.''.
SEC. 302. MONITORING TRAINING RECORDS.
Section 8 of the Peace Corps Act (22 U.S.C. 2507), as amended by
section 201, is further amended by adding at the end the following:
``(d) Training Records.--The President shall implement procedures
to maintain a written record verifying the attendance of each
individual completing the training required under this section and
sections 8A, 8B, and 8F.''.
SEC. 303. ADDITIONAL DISCLOSURES TO APPLICANTS FOR ENROLLMENT AS
VOLUNTEERS.
Section 8A(d) of the Peace Corps Act (22 U.S.C. 2507a(d)) is
amended to read as follows:
``(d) Information Regarding Crimes and Risks.--Each applicant for
enrollment as a volunteer shall be provided, with respect to the
country in which the applicant has been invited to serve, with
information regarding crimes against and risks to volunteers,
including--
``(1) an overview of past crimes against volunteers in such
country;
``(2) the current early termination rate of volunteers
serving in such country;
``(3) health risks in such country; and
``(4) the level of satisfaction reported by volunteers
serving in such country.''.
SEC. 304. ADDITIONAL PROTECTIONS AGAINST SEXUAL MISCONDUCT.
Section 8B(a) of the Peace Corps Act (22 U.S.C. 2507b(a)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) maintains a record of the resignation of any employee
or volunteer of the Peace Corps who resigns before a
determination has been made regarding an allegation that such
person committed a sexual assault or other serious misconduct;
``(8) takes into account the record maintained under
paragraph (7) before such employee or volunteer is hired, is
enrolled, or otherwise work with the Peace Corps; and
``(9) provides orientation to families who host volunteers
regarding the awareness and prevention of sexual assault.''.
SEC. 305. IMMEDIATE VICTIM ADVOCACY NOTIFICATION.
Section 8B(a)(3) of the Peace Corps Act (22 U.S.C. 2507b(a)(3)) is
amended by striking ``SARLs to immediately contact'' and inserting
``the Peace Corps to designate the staff at each post who shall be
responsible for providing the services described in subsection (c) and
for immediately contacting''.
SEC. 306. EXTENSION OF THE OFFICE OF VICTIM ADVOCACY.
Section 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended--
(1) in the heading to subsection (a), by striking
``Victims'' and inserting ``Victim''; and
(2) in subsection (e), by striking ``2018'' and inserting
``2023''.
SEC. 307. REFORM AND EXTENSION OF THE SEXUAL ASSAULT ADVISORY COUNCIL.
Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended--
(1) in subsection (b), by striking ``not less than 8
individuals selected by the President, not later than 180 days
after the date of the enactment of this section,'' and
inserting ``not fewer than 8 and not more than 14 individuals
selected by the President''; and
(2) in subsection (g), by striking ``2018'' and inserting
``2023''.
SEC. 308. DEFINITIONS.
Section 26 of the Peace Corps Act (22 U.S.C. 2522) is amended--
(1) by redesignating subsections (a), (b), (c), (d), (e),
(f), and (g) as paragraphs (1), (6), (2), (3), (8), (7), and
(5), respectively, by arranging such redesignated paragraphs in
numerical order, and by moving such paragraphs 2 ems to the
right;
(2) in paragraph (1), as redesignated, by striking ``(1)''
and inserting the following:
``In this Act:
``(1)''; and
(3) by inserting after paragraph (3), as redesignated, the
following:
``(4) The term `medical officer' means a physician, nurse
practitioner, physician's assistant, or registered nurse with
the professional qualifications, expertise, and abilities
consistent with the needs of the Peace Corps and the post to
which he or she is assigned, as determined by the Director of
the Peace Corps.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with amendments favorably.
Committee on Foreign Relations. Reported by Senator Corker with amendments. Without written report.
Committee on Foreign Relations. Reported by Senator Corker with amendments. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 308.
Measure laid before Senate by unanimous consent. (consideration: CR S1688-1693)
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.(text as passed: CR S1691-1693)
Passed Senate with amendments by Voice Vote. (text as passed: CR S1691-1693)
Received in the House.
Message on Senate action sent to the House.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Foreign Affairs, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.