[Congressional Record Volume 150, Number 72 (Thursday, May 20, 2004)]
[Senate]
[Pages S5952-S5954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Mr. Durbin):
  S. 2454. A bill to amend the Peace Corps Act to establish an 
Ombudsman of the Peace Corps and an Office of Safety and Security of 
the Peace Corps, to establish an independent Inspector General of the 
Peace Corps, and for other purposes; to the Committee on Foreign 
Relations.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the Peace 
Corps Volunteers Health, Safety, and Security Act of 2004 be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record.

[[Page S5953]]

                                S. 2454

       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 ``Peace Corps Volunteers 
     Health, Safety, and Security 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 (in this 
     section referred to as the `Office'). The Office shall be 
     headed by the Ombudsman of the Peace Corps (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 legislative, administrative, 
     or regulatory adjustments to address recurring problems or 
     other difficulties of the Peace Corps;
       ``(3) identify systemic issues relating to the practices, 
     policies, and administrative procedures of the Peace Corps 
     that affect 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) Employee Defined.--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 
     (in this section referred to as the `Office'). The Office 
     shall be headed by the Associate Director of the Peace Corps 
     for Safety and Security, 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, the safety and security of 
     volunteers and staff (including training), the safety and 
     security of facilities, the 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; and
       ``(2) each country security coordinator--
       ``(A) should be a United States citizen;
       ``(B) should be under the supervision of the Peace Corps 
     country director in such country;
       ``(C) should report directly to the Associate Director of 
     the Peace Corps for Safety and Security on all matters of 
     importance that the country security coordinator considers 
     necessary;
       ``(D) should be responsible for coordinating security 
     activities with the regional security officer of the Peace 
     Corps responsible for the country to which such country 
     security officer is assigned; and
       ``(E) should have access to information, including 
     classified information, relating to possible threats against 
     Peace Corps volunteers.''.

     SEC. 4. 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.''.

     SEC. 5. 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 can, with 
     reasonable accommodations, complete at least two years of 
     volunteer service without interruption due to foreseeable 
     medical conditions; and
       (3) with respect to each of fiscal years 2000 through 2003 
     and the first six months of fiscal year 2004, states the 
     number of--

[[Page S5954]]

       (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 that have been made 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 such decisions were 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) 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. 6. 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 on the ability of the Peace Corps to effectively 
     manage Peace Corps operations of the limitations 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).
       (2) Contents.--The report described in paragraph (1) shall 
     include--
       (A) a description of such limitations;
       (B) a description of the history of such limitations and 
     the purposes for which it was enacted and amended;
       (C) an analysis of the impact of such limitations 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 
     limitations have accomplished the objectives for which they 
     were intended; and
       (E) recommendations, if any, for legislation to amend 
     provisions of the Peace Corps Act that relate to such 
     limitations.
       (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--
       (A) such assignments are well developed, with clear roles 
     and expectations; and
       (B) 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--
       (i) recruits volunteers who have skills that correlate with 
     the expectations cited in the country agreements; and
       (ii) assigns such volunteers to such posts;
       (C) a description of the procedures in place for 
     determining volunteer work assignments and minimum standards 
     for such assignments;
       (D) the results of a survey of volunteers on health, 
     safety, and security issues and of satisfaction surveys, 
     which are to be 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, that help combat 
     HIV/AIDS and other global infectious diseases.

     SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this Act, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives.
                                 ______