[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4060 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4060

To amend the Peace Corps Act to establish an Ombudsman and an Office of 
    Safety and Security of the Peace Corps, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2004

  Mr. Hyde (for himself, Mr. Lantos, Mr. Smith of New Jersey, and Mr. 
Smith of Michigan) introduced the following bill; which was referred to 
   the Committee on International Relations, and in addition to the 
    Committee on Government Reform, 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

_______________________________________________________________________

                                 A BILL


 
To amend the Peace Corps Act to establish an Ombudsman and an Office of 
    Safety and Security of the Peace Corps, 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.

    This Act may be cited as the ``Health, Safety, and Security of 
Peace Corps Volunteers Act of 2004''.

SEC. 2. OMBUDSMAN OF THE PEACE CORPS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by 
inserting after section 4 the following new section:

``SEC. 4A. OMBUDSMAN OF THE PEACE CORPS.

    ``(a) Establishment.--There is established in the Peace Corps the 
Office of the Ombudsman of the Peace Corps (hereinafter in this section 
referred to as the `Office'). The Office shall be headed by the 
Ombudsman of the Peace Corps (hereinafter in this section referred to 
as the `Ombudsman'), who shall be appointed by and report directly to 
the Director of the Peace Corps.
    ``(b) Volunteer Complaints and Other Matters.--The Ombudsman shall 
receive and, as appropriate, inquire into complaints, questions, or 
concerns submitted by current or former volunteers regarding services 
or support provided by the Peace Corps to its volunteers, including 
matters pertaining to--
            ``(1) the safety and security of volunteers;
            ``(2) due process, including processes relating to 
        separation from the Peace Corps;
            ``(3) benefits and assistance that may be due to current or 
        former volunteers;
            ``(4) medical or other health-related assistance; and
            ``(5) access to files and records of current or former 
        volunteers.
    ``(c) Employee Complaints and Other Matters.--The Ombudsman shall 
receive and, as appropriate, inquire into complaints, questions, or 
concerns submitted by current or former employees of the Peace Corps on 
any matters of grievance.
    ``(d) Additional Duties.--The Ombudsman shall--
            ``(1) recommend responses to individual matters received 
        under subsections (b) and (c);
            ``(2) make recommendations for administrative or regulatory 
        adjustments to address recurring problems or other difficulties 
        of the Peace Corps;
            ``(3) identify systemic issues that relate to the 
        practices, policies, and administrative procedures of the Peace 
        Corps affecting volunteers and employees; and
            ``(4) call attention to problems not yet adequately 
        considered by the Peace Corps.
    ``(e) Standards of Operation.--The Ombudsman shall carry out the 
duties under this section in a manner that is--
            ``(1) independent, impartial in the conduct of inquiries, 
        and confidential; and
            ``(2) consistent with the revised Standards for the 
        Establishment and Operation of Ombudsman Offices (August 2003) 
        as endorsed by the American Bar Association.
    ``(f) Involvement in Matters Subject to Ongoing Adjudication, 
Litigation, or Investigation.--The Ombudsman shall refrain from any 
involvement in the merits of individual matters that are the subject of 
ongoing adjudication or litigation, or investigations related to such 
adjudication or litigation.
    ``(g) Reports.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, and semiannually thereafter, 
        the Ombudsman shall submit to the Director of the Peace Corps, 
        the Chair of the Peace Corps National Advisory Council, and 
        Congress a report containing a summary of--
                    ``(A) the complaints, questions, and concerns 
                considered by the Ombudsman;
                    ``(B) the inquiries completed by the Ombudsman;
                    ``(C) recommendations for action with respect to 
                such complaints, questions, concerns, or inquiries; and
                    ``(D) any other matters that the Ombudsman 
                considers relevant.
            ``(2) Confidentiality.--Each report submitted under 
        paragraph (1) shall maintain confidentiality on any matter that 
        the Ombudsman considers appropriate in accordance with 
        subsection (e).
    ``(h) Definition.--In this section, the term `employee' means an 
employee of the Peace Corps, an employee of the Office of Inspector 
General of the Peace Corps, an individual appointed or assigned under 
the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) to carry out 
functions under this Act, or an individual subject to a personal 
services contract with the Peace Corps.''.

SEC. 3. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS.

    The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by section 
2 of this Act, is further amended by inserting after section 4A the 
following new section:

``SEC. 4B. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS.

    ``(a) Establishment.--There is established in the Peace Corps the 
Office of Safety and Security of the Peace Corps (hereinafter in this 
section referred to as the `Office'). The Office shall be headed by the 
Associate Director of Safety and Security of the Peace Corps, who shall 
be appointed by and report directly to the Director of the Peace Corps.
    ``(b) Responsibilities.--The Office established under subsection 
(a) shall be responsible for all safety and security activities of the 
Peace Corps, including background checks of volunteers and staff, 
safety and security of volunteers and staff (including training), 
safety and security of facilities, security of information technology, 
and other responsibilities as required by the Director.
    ``(c) Sense of Congress.--It is the sense of Congress that--
            ``(1) the Associate Director of Safety and Security of the 
        Peace Corps, as appointed pursuant to subsection (a) of this 
        section, should assign a Peace Corps country security 
        coordinator for each country where the Peace Corps has a 
        program of volunteer service for the purposes of carrying out 
        the field responsibilities of the Office established under 
        subsection (a); and
            ``(2) each country security coordinator--
                    ``(A) should be under the supervision of the Peace 
                Corps country director in each such country;
                    ``(B) should report directly to the Associate 
                Director of Safety and Security of the Peace Corps, as 
                appointed pursuant to subsection (a) of this section, 
                on all matters of importance as the country security 
                coordinator considers necessary;
                    ``(C) should be responsible for coordinating with 
                the regional security officer of the Peace Corps 
                responsible for the country to which such country 
                security officer is assigned; and
                    ``(D) should be a United States citizen who has 
                access to information, including classified 
                information, relating to the possible threats against 
                Peace Corps volunteers.''.

SEC. 4. OFFICE OF MEDICAL SERVICES OF THE PEACE CORPS.

    (a) Report on Medical Screening and Placement Coordination.--Not 
later than 120 days after the date of the enactment of this Act, the 
Director of the Peace Corps shall submit to the appropriate 
congressional committees a report that--
            (1) describes the medical screening procedures and 
        guidelines used by the office responsible for medical services 
        of the Peace Corps to determine whether an applicant for Peace 
        Corps service has worldwide clearance, limited clearance, a 
        deferral period, or is not medically, including 
        psychologically, qualified to serve in the Peace Corps as a 
        volunteer;
            (2) describes the procedures and guidelines used by the 
        Peace Corps to ensure that applicants for Peace Corps service 
        are matched with a host country where the applicant, reasonable 
        accommodations notwithstanding, can complete at least two years 
        of volunteer service without interruption due to foreseeable 
        medical conditions; and
            (3) with respect to each of the fiscal years 2000 through 
        2003 and the first six months of fiscal year 2004, states the 
        number of--
                    (A) medical screenings of applicants conducted;
                    (B) applicants who have received worldwide 
                clearance, limited clearance, deferral periods, and 
                medical disqualifications to serve;
                    (C) appeals to the Medical Screening Review Board 
                of the Peace Corps and the number of times that an 
                initial screening decision was upheld;
                    (D) requests to the head of the office responsible 
                for medical services of the Peace Corps for 
                reconsideration of a decision of the Medical Screening 
                Review Board and the number of times that the decision 
                of the Medical Screening Review Board was upheld by the 
                head of such office;
                    (E) Peace Corps volunteers who became medically 
                qualified to serve because of a decision of the Medical 
                Screening Review Board and who were later evacuated or 
                terminated their service early due to medical reasons;
                    (F) Peace Corps volunteers who became medically 
                qualified to serve because of a decision of the head of 
                the office responsible for medical services of the 
                Peace Corps and who were later evacuated or terminated 
                their service early due to medical reasons;
                    (G) Peace Corps volunteers who the agency has had 
                to separate from service due to the discovery of 
                undisclosed medical information; and
                    (H) Peace Corps volunteers who have terminated 
                their service early due to medical, including 
                psychological, reasons.
    (b) Definition.--In subsection (a), the term ``appropriate 
congressional committees'' means the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate.
    (c) Full Time Director of Medical Services.--Section 4(c) of the 
Peace Corps Act (22 U.S.C. 2503(c)) is amended by adding at the end the 
following new paragraph:
            ``(5) The Director of the Peace Corps shall ensure that the 
        head of the office responsible for medical services of the 
        Peace Corps does not occupy any other position in the Peace 
        Corps.''.

SEC. 5. REPORTS ON THE ``FIVE YEAR RULE'' AND ON WORK ASSIGNMENTS OF 
              VOLUNTEERS OF THE PEACE CORPS.

    (a) Report by the Comptroller General.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the appropriate congressional committees a report on the 
        effects of the limitation on the duration of employment, 
        appointment, or assignment of officers and employees of the 
        Peace Corps under section 7 of the Peace Corps Act (22 U.S.C. 
        2506) on the ability of the Peace Corps to effectively manage 
        Peace Corps operations.
            (2) Contents.--The report described in paragraph (1) shall 
        include--
                    (A) a description of such limitation;
                    (B) a description of the history of such limitation 
                and the purposes for which it was enacted and amended;
                    (C) an analysis of the impact of such limitation on 
                the ability of the Peace Corps to recruit capable 
                volunteers, establish productive and worthwhile 
                assignments for volunteers, provide for the health, 
                safety, and security of volunteers, and, as declared in 
                section 2(a) of the Peace Corps Act (22 U.S.C. 
                2501(a)), ``promote a better understanding of the 
                American people on the part of the peoples served and a 
                better understanding of other peoples on the part of 
                the American people'';
                    (D) an assessment of whether the application of 
                such limitation has accomplished the objectives for 
                which it was intended; and
                    (E) recommendations, if any, for legislation to 
                amend provisions of the Peace Corps Act relating to 
                such limitation.
    (b) Report on Work Assignments of Volunteers.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Peace Corps 
        shall submit to the appropriate congressional committees a 
        report on the extent to which the work assignments of Peace 
        Corps volunteers fulfill the commitment of the Peace Corps to 
        ensuring that such assignments are well developed, with clear 
        roles and expectations, and that volunteers are well-suited for 
        their assignments.
            (2) Contents.--The report described in paragraph (1) shall 
        include--
                    (A) an assessment of the extent to which agreements 
                between the Peace Corps and host countries delineate 
                clear roles for volunteers in assisting host 
                governments to advance their national development 
                strategies;
                    (B) an assessment of the extent to which the Peace 
                Corps recruits volunteers who have skills that 
                correlate with the expectations cited in the country 
                agreements and assigns such volunteers to such posts;
                    (C) a description of procedures for determining 
                volunteer work assignments and minimum standards for 
                such assignments;
                    (D) a volunteer survey on health, safety, and 
                security issues as well as satisfaction surveys which 
                will have been conducted after the date of the 
                enactment of this Act; and
                    (E) an assessment of the plan of the Peace Corps to 
                increase the number of volunteers who are assigned to 
                projects in sub-Saharan Africa, Asia, and the Western 
                Hemisphere, particularly among communities of African 
                descent within countries in the Western Hemisphere, 
                which help combat HIV/AIDS and other global infectious 
                diseases.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate.

SEC. 6. INSPECTOR GENERAL OF THE PEACE CORPS.

    (a) Establishment of Independent Inspector General.--
            (1) In general.--The Inspector General Act of 1978 (5 
        U.S.C. App.) is amended--
                    (A) in section 8G(a)(2), by striking ``, the Peace 
                Corps'';
                    (B) in section 9(a)(1), by adding at the end the 
                following new subparagraph:
                    ``(X) of the Peace Corps, the office of that agency 
                referred to as the `Office of Inspector General'; 
                and''; and
                    (C) in section 11--
                            (i) in paragraph (1), by striking ``or the 
                        Office of Personnel Management'' and inserting 
                        ``the Office of Personnel Management, or the 
                        Peace Corps''; and
                            (ii) in paragraph (2), by inserting ``, the 
                        Peace Corps'' after ``the Office of Personnel 
                        Management''.
            (2) Technical amendment.--Section 9(a)(1)(U) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
        striking ``and'' at the end.
    (b) Temporary Appointment.--The Director of the Peace Corps may 
appoint an individual to assume the powers and duties of the Inspector 
General of the Peace Corps under the Inspector General Act of 1978 (5 
U.S.C. App.) on an interim basis until such time as a person is 
appointed by the President, by and with the advice and consent of the 
Senate, pursuant to the amendments made in this section.
    (c) Exemption From Employment Term Limits Under the Peace Corps 
Act.--
            (1) In general.--Section 7 of the Peace Corps Act (22 
        U.S.C. 2506) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (b); and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) The provisions of this section that limit the duration of 
service, appointment, or assignment of individuals shall not apply to--
            ``(1) the Inspector General of the Peace Corps;
            ``(2) officers of the Office of the Inspector General of 
        the Peace Corps;
            ``(3) any individual whose official duties primarily 
        include the safety and security of Peace Corps volunteers or 
        employees;
            ``(4) the head of the office responsible for medical 
        services of the Peace Corps; or
            ``(5) any health care professional within the office 
        responsible for medical services of the Peace Corps.''.
            (2) Conforming amendment.--The first proviso of section 
        15(d)(4) of the Peace Corps Act (22 U.S.C. 2514(d)(4)) is 
        amended by striking ``7(c)'' and inserting ``7(b)''.
    (d) Compensation.--Section 7 of the Peace Corps Act (22 U.S.C. 
2506), as amended by subsection (c) of this section, is further amended 
by adding at the end the following new subsection:
    ``(d) The Inspector General of the Peace Corps shall be compensated 
at the rate provided for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.''.
                                 <all>