S.Amdt. 2762

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

At the end of title X, add the following:

Subtitle I--Peace Corps Act of 2024

SEC. 1096. SHORT TITLE.

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

SEC. 1097. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING
TO EXISTING NONCOMPETITIVE ELIGIBILITY FEDERAL
HIRING STATUS FOR RETURNING VOLUNTEERS AND
EXTENSION OF THE PERIOD OF SUCH STATUS.

The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5A the following:

``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO
NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING
STATUS FOR RETURNING VOLUNTEERS.

``(a) In General.--Subject to subsection (b), Executive
Order 11103 (22 U.S.C. 2504 note; relating to Providing for
the Appointment of Former Peace Corps Volunteers to the
Civilian Career Services), as amended by Executive Order
12107 (44 Fed. Reg. 1055; relating to the Civil Service
Commission and Labor-Management in the Federal Service), as
in effect on the day before the date of the enactment of the
Peace Corps Act of 2024, shall remain in effect and have the
full force and effect of law.
``(b) Period of Eligibility.--
``(1) Definitions.--In this subsection:
``(A) Executive agency.--The term `Executive agency'--
``(i) has the meaning given such term in section 105 of
title 5, United States Code;
``(ii) includes the United States Postal Service and the
Postal Regulatory Commission; and
``(iii) does not include the Government Accountability
Office.
``(B) Hiring freeze.--The term `hiring freeze' means any
memorandum, Executive order, or other action by the President
that prohibits an Executive agency from filling vacant
Federal civilian employee positions or creating new such
positions.
``(2) In general.--The period of eligibility for
noncompetitive appointment to the civil service provided to
an individual under subsection (a), including any individual
who is so eligible on the date of the enactment of the Peace
Corps Act of 2024, shall be extended by the total number of
days, during such period, that--
``(A) a hiring freeze for civilian employees of the
executive branch is in effect by order of the President with
respect to any Executive agency at which the individual has
applied for employment;
``(B) there is a lapse in appropriations with respect to
any Executive agency at which the individual has applied for
employment; or
``(C) the individual is receiving disability compensation
under section 8142 of title 5, United States Code, based on
the individual's service as a Peace Corps volunteer,
retroactive to the date the individual applied for such
compensation.
``(3) Applicability.--The period of eligibility for
noncompetitive appointment status to the civil service under
subsection (a) shall apply to a Peace Corps volunteer--
``(A) whose service ended involuntarily as a result of a
suspension of volunteer operations by the Director, but may
not last longer than 1 year after the date on which such
service ended involuntarily; or
``(B) who re-enrolls as a volunteer in the Peace Corps
after completion of a term of service.''.

SEC. 1098. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.

The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5B, as added by section 1097 of this
Act, the following:

``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.

``(a) In General.--Subject to section 5B, Executive Order
11103 (22 U.S.C. 2504 note; relating to Providing for the
Appointment of Former Peace Corps Volunteers to the Civilian
Career Services), as amended by Executive Order 12107 (44
Fed. Reg. 1055; relating to the Civil Service Commission and
Labor-Management in the Federal Service), as in effect on the
day before the date of the enactment of the Peace Corps Act
of 2024, shall remain in effect and have the full force and
effect of law.
``(b) Noncompetitive Eligibility Federal Hiring Status.--
Subject to subsection (d), any volunteer whose Peace Corps
service was terminated after April 1, 2020, and who has been
certified by the Director as having satisfactorily completed
a full term of service, may be appointed not later than 2
years after completion of qualifying service to a position in
any United States department, agency, or establishment in the
competitive service under title 5, United States Code,
without competitive examination, in accordance with such
regulations and conditions as may be prescribed by the
Director of the Office of Personnel Management.
``(c) Extension.--The appointing authority may extend the
noncompetitive appointment eligibility under subsection (b)
to not more than 3 years after a volunteer's separation from
the Peace Corps if the volunteer, following such service, was
engaged in--
``(1) military service;
``(2) the pursuit of studies at a recognized institution of
higher learning; or
``(3) other activities which, in the view of the appointing
authority, warrant an extension of such eligibility.
``(d) Exception.--The appointing authority may not extend
the noncompetitive appointment eligibility under subsection
(b) to any volunteer who chooses to be subject to early
termination.''.

SEC. 1099. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST
REPRISAL OR RETALIATION.

Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is
amended by adding at the end the following:
``(d) Prohibition Against Reprisal or Retaliation.--
``(1) Definitions.--In this subsection:
``(A) Covered official or office.--The term `covered
official or office' means--
``(i) any Peace Corps employee, including an employee of
the Office of Inspector General;
``(ii) a Member of Congress or a designated representative
of a committee of Congress;
``(iii) an Inspector General (other than the Inspector
General for the Peace Corps);
``(iv) the Government Accountability Office;
``(v) any authorized official of the Department of Justice
or other Federal law enforcement agency; and
``(vi) a United States court, including any Federal grand
jury.

[[Page S5031]]

``(B) Relief.--The term `relief' includes all affirmative
relief necessary to make a volunteer whole, including
monetary compensation, equitable relief, compensatory
damages, and attorney fees and costs.
``(C) Reprisal or retaliation.--The term `reprisal or
retaliation' means taking, threatening to take, or initiating
adverse administrative action against a volunteer because the
volunteer made a report described in subsection (a) or
otherwise disclosed to a covered official or office any
information pertaining to waste, fraud, abuse of authority,
misconduct, mismanagement, violations of law, or a
significant threat to health and safety, if the activity or
occurrence complained of is based upon the reasonable belief
of the volunteer.
``(2) In general.--The Director of the Peace Corps shall
take all reasonable measures, including through the
development and implementation of a comprehensive policy, to
prevent and address reprisal or retaliation against a
volunteer by any Peace Corps officer or employee, or any
other person with supervisory authority over the volunteer
during the volunteer's period of service.
``(3) Reporting and investigation; relief.--
``(A) In general.--A volunteer may report a complaint or
allegation of reprisal or retaliation--
``(i) directly to the Inspector General of the Peace Corps,
who may conduct such investigations and make such
recommendations with respect to the complaint or allegation
as the Inspector General considers appropriate; and
``(ii) through other channels provided by the Peace Corps,
including through the process for confidential reporting
implemented pursuant to subsection (a).
``(B) Relief.--The Director of the Peace Corps--
``(i) may order any relief for an affirmative finding of a
proposed or final resolution of a complaint or allegation of
reprisal or retaliation in accordance with policies, rules,
and procedures of the Peace Corps; and
``(ii) shall ensure that such relief is promptly provided
to the volunteer.
``(4) Appeal.--
``(A) In general.--A volunteer may submit an appeal to the
Director of the Peace Corps of any proposed or final
resolution of a complaint or allegation of reprisal or
retaliation.
``(B) Rule of construction.--Nothing in this paragraph may
be construed to affect any other right of recourse a
volunteer may have under any other provision of law.
``(5) Notification of rights and remedies.--The Director of
the Peace Corps shall ensure that volunteers are informed in
writing of the rights and remedies provided under this
section.
``(6) Dispute mediation.--The Director of the Peace Corps
shall offer the opportunity for volunteers to resolve
disputes concerning a complaint or allegation of reprisal or
retaliation through mediation in accordance with procedures
developed by the Peace Corps.
``(7) Volunteer cooperation.--The Director of the Peace
Corps may take such disciplinary or other administrative
action, including termination of service, with respect to a
volunteer who unreasonably refuses to cooperate with an
investigation into a compliant or allegation of reprisal or
retaliation conducted by the Inspector General of the Peace
Corps.''.

SEC. 1099A. SEXUAL ASSAULT ADVISORY COUNCIL.

(a) Report and Extension of the Sexual Assault Advisory
Council.--Section 8D of the Peace Corps Act (22 U.S.C. 2507d)
is amended--
(1) by amending subsection (d) to read as follows:
``(d) Reports.--On an annual basis through the date
specified in subsection (g), the Council shall submit a
report to the Director of the Peace Corps, the Committee on
Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes
its findings based on the reviews conducted pursuant to
subsection (c) and includes relevant recommendations. Each
such report shall be made publicly available.''; and
(2) in subsection (g), by striking ``October 1, 2023'' and
inserting ``October 1, 2029''.

SEC. 1099B. SUSPENSION WITHOUT PAY.

Section 7 of the Peace Corps Act (22 U.S.C. 2506) is
amended by inserting after subsection (a) the following:
``(b) Suspension Without Pay.--(1) The Peace Corps may
suspend (without pay) any employee appointed or assigned
under this section if the Director has determined that the
employee engaged in serious misconduct that could impact the
efficiency of the service and could lead to removal for
cause.
``(2) Any employee for whom a suspension without pay is
proposed under this subsection shall be entitled to--
``(A) written notice stating the specific reasons for such
proposed suspension;
``(B)(i) up to 15 days to respond orally or in writing to
such proposed suspension if the employee is assigned in the
United States; or
``(ii) up to 30 days to respond orally or in writing to
such proposed suspension if the employee is assigned outside
of the United States;
``(C) representation by an attorney or other
representative, at the employee's own expense;
``(D) a written decision, including the specific reasons
for such decision, as soon as practicable;
``(E) a process through which the employee may submit an
appeal to the Director of the Peace Corps not later than 10
business days after the issuance of a written decision; and
``(F) a final decision personally rendered by the Director
of the Peace Corps not later than 30 days after the receipt
of such appeal.
``(3) Notwithstanding any other provision of law, a final
decision under paragraph (2)(F) shall be final and not
subject to further review.
``(4) If the Director fails to establish misconduct by an
employee under paragraph (1) and no disciplinary action is
taken against such employee based upon the alleged grounds
for the suspension, the employee shall be entitled to
reinstatement, back pay, full benefits, and reimbursement of
attorney fees of up to $20,000.''.
______