[House Report 108-481]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-481
HOUSE OF REPRESENTATIVES
2d Session Part 1
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HEALTH, SAFETY, AND SECURITY OF PEACE CORPS VOLUNTEERS ACT OF 2004
_______
May 6, 2004.--Ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
[To accompany H.R. 4060]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (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, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 9
Committee Consideration.......................................... 9
Votes of the Committee........................................... 9
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 10
Performance Goals and Objectives................................. 11
Constitutional Authority Statement............................... 11
Section-by-Section Analysis...................................... 11
New Advisory Committees.......................................... 15
Congressional Accountability Act................................. 15
Federal Mandates................................................. 15
Changes in Existing Law Made by the Bill, as Reported............ 15
Purpose and Summary
The purpose of ``Health, Safety and Security of Peace Corps
Volunteers Act of 2004'' (H.R. 4060) is to make several
amendments to the Peace Corps Act (22 U.S.C. 2501 et. seq.) to
provide better health, safety, and security for Peace Corps
Volunteers.
H.R. 4060 addresses safety and security issues in the Peace
Corps by establishing a more independent Inspector General of
the Peace Corps; establishing an Ombudsman of the Peace Corps;
establishing an Office of Safety and Security; requiring a
report on medical screening and placement of volunteers;
exempting Inspector General, safety and security personnel, and
key medical personnel from the ``five year rule''; and
requiring a GAO report on the impact of the ``five year rule''
on the effectiveness of the Peace Corps in achieving its
mission.
The reforms of H.R. 4060 were prompted by recent reports by
the General Accounting Office and by the Committee's oversight
of the Peace Corps, including an important oversight hearing
held on March 24, 2004, entitled ``Safety and Security of Peace
Corps Volunteers.''
Background and Need for the Legislation
The House of Representatives has demonstrated its support
for the Peace Corps, most recently through the passage of H.R.
1950, the ``Millennium Challenge Account, Peace Corps
Expansion, and Foreign Relations Act of 2003,'' of which the
``Peace Corps Expansion Act'' is included as Division B. The
``Peace Corps Expansion Act'' responds to the President's call
for the doubling of the size of the Peace Corps by 2008, and
authorizes Peace Corps programs through that date.
H.R. 4060, the ``Health, Safety, and Security of Peace
Corps Volunteers Act of 2004'' takes into account the changing
nature of security of American citizens overseas since the
Committee considered last year's legislation, and promotes a
more accountable Peace Corps better able to expand over the
next several years.
The Members of the Committee support the Peace Corps and
are admirers of the sacrifice of its volunteers and of the
important work that they do. The Committee wants to ensure that
the Peace Corps has the necessary procedures in place to
protect our nation's citizens who dedicate 2 years of their
lives to helping people of the developing world improve their
circumstances.
A July 2002 GAO report on Peace Corps safety and security
stated that the Peace Corps ``is embarking on a major expansion
of its volunteer workforce during a time of heightened risk for
Americans living abroad. Providing safety and security for its
volunteers is the Peace Corps' highest priority. Our review of
the agency's efforts to ensure compliance with its basic safety
and security policies and guidelines shows that there are cases
of uneven implementation of key elements of the safety and
security framework that could pose risks to volunteers. These
include uneven performance in developing safe and secure
housing and work sites, responding to volunteer concerns, and
planning for emergencies.''
At the hearing on March 24, 2004, Members heard about some
of the past problems and current challenges the Peace Corps
faces as it expands the number of volunteers around the world,
while at the same time taking into account the changed
circumstances for American citizens living abroad during the
post-September 11th period. The hearing also provided Committee
Members with the context for the consideration of H.R. 4060,
which was ordered favorably reported by the Committee at its
meeting on March 31, 2004.
The hearing on March 24, 2004, inquired into the adequacy
of safety and security practices that govern volunteers'
assignments, and provided Members with necessary background
information on the problems that have existed in recent years,
and, as a case study, examined the specific problems and
management failures which are alleged to have led to and
followed the disappearance of a volunteer in Bolivia, Walter J.
Poirier. The hearing also provided Members with an opportunity
to understand the policy and organizational changes made within
the Peace Corps over the past 2 years toward the goal of
improving safety and security of volunteers.
The Committee heard testimony from the family of Walter
Poirier which stated that, in Bolivia in 2001, the Peace Corps
did not have in place the necessary management procedures to
monitor or account for missing volunteer Walter J. Poirier. The
family further stated that they notified the Peace Corps their
son was missing. The Committee has been informed by the General
Accounting Office that the Peace Corps has taken important
steps to remedy some of these problems, but still has room for
improvement.
A GAO report dated July 20, 2001, requested by Congressman
Martin Meehan following the disappearance of volunteer Walter
J. Poirier, stated that [both] ``the Country Director and
Deputy Country Director for the Peace Corps in Bolivia told
[the GAO] that the Associate Director was not keeping close
enough contact with Mr. Poirier.'' The report also stated that
the ``Associate Director also said that he became so busy
supervising the other volunteers that Mr. Poirier `dropped off
my radar screen.' He said he made no further attempt to contact
Mr. Poirier.'' The July 2001 GAO report is summarized in the
following statement: ``The Peace Corps failed to properly
supervise Mr. Poirier and lost track of him.''
The Committee believes that the highest priority of the
Peace Corps should be volunteer safety and security. Prior to
embarking on a major expansion as envisioned by the President,
it is imperative that the Peace Corps demonstrate competency in
management practices, including safety and security. There
appear to have been clear management failures in 2001 in the
case of missing volunteer Walter J. Poirier. One such
management failure was the inappropriately large ``span of
control'' of Peace Corps staff in Bolivia. According to the
GAO, the Peace Corps associate director in Bolivia who was
directly responsible for Mr. Poirier was also responsible for
``over 40 other volunteers in Bolivia.'' According to the same
GAO report, the associate director was ``responsible for
helping the volunteers find housing and set up meetings with
their Bolivian project supervisors, was also supposed to
periodically check on the volunteers' well-being.''
The Committee urges the Director of the Peace Corps and the
Inspector General of the Peace Corps to review the existing
management practices to ensure that Peace Corps staff
responsible for the supervision of Peace Corps volunteers have
an appropriate ``span of control,'' that volunteers are placed
in meaningful assignments, and that the Peace Corps provides an
appropriate level of contact and communication with volunteers.
In testimony at the March 24, 2004 hearing, the General
Accounting Office provided an update of its July 2002 report,
and testified that ``[t]he full extent of crime against Peace
Corps volunteers is unknown because there is significant
underreporting of crime by volunteers. We reported that Peace
Corps had initiated efforts to encourage reporting and collect
additional data but that there were also other unrealized
opportunities for additional examination of data. For example,
our analysis showed that newer volunteers may be more likely to
become victims of crime than their more experienced colleagues.
In response to our findings, in April 2003, Peace Corps hired
an analyst to enhance its capacity for gathering and analyzing
crime data. The analyst has focused on upgrading the crime data
system and shifting the responsibility for data collection and
analysis from the medical office to the newly created safety
and security office, to place the responsibility for crime data
in an office dedicated to safety and security. According to the
analyst, additional crime analyses have not yet been conducted,
as the focus has been on upgrading the process for collecting
and reporting data.''
The Committee remains concerned that the Peace Corps crime
data system records and tracks data by criminal ``event''
rather than by volunteer; those charged with filing reports are
instructed to count events involving more than one volunteer
only once. The Committee believes that the use of such
methodology serves to underreport the true nature of crime
against volunteers. The Committee suggests that the Associate
Director for Safety and Security should establish improved
crime data methodology that tracks incidents of crime against
individual volunteers.
The March 24, 2004 testimony by the GAO also reported that
the Peace Corps headquarters had developed a safety and
security framework, ``but that the field's implementation of
the framework had produced varying results.''
The testimony further reported that while volunteers were
generally satisfied with the agency's training programs,
``there was mixed performance in key elements of the framework
such as in developing safe and secure housing sites, monitoring
volunteers, and planning for emergencies. For example, at each
of the five posts we visited, we found instances of volunteers
who began their service in housing that had not been inspected
and had not met Peace Corps' guidelines. We also found that the
frequency of staff contact with volunteers and the quality and
comprehensiveness of emergency action plans varied.''
The Committee encourages the Director of the Peace Corps to
ensure that the agency institutes policies on a worldwide or
country-specific basis concerning frequency of staff contact
with volunteers.
The GAO testimony stated further that ``recent Inspector
General reports indicate that safety and security shortcomings
in the field are still occurring. We reported that a number of
factors, including staff turnover, informal supervision and
oversight mechanisms, and unclear guidance hampered Peace
Corps' efforts to ensure high-quality performance for the
agency as a whole.''
The GAO testimony states that ``high staff turnover, caused
in part by the agency's statutorily imposed 5-year limit on
employment for U.S. direct hire staff, had resulted in a lack
of institutional memory, producing a situation in which agency
staff are continually ``reinventing the wheel.'' This is know
as the ``five year rule.''
The GAO's July 2002 report recommended that the Peace Corps
develop a strategy to address staff turnover, including an
assessment of the ``five year rule''--a statutory restriction
on the tenure of U.S. direct hire employees of the Peace Corps.
In response to the GAO recommendation on staff turnover and the
difficulties it created, Congress has granted the Peace Corps
authority to exempt safety and security staff from the 5-year
rule (P.L. 108-7 and 108-199).
H.R. 4060 is responsive to GAO's recommendations on the
subject of the 5-year rule by establishing that the rule shall
not apply to the Inspector General of the Peace Corps; officers
of the Office of the Inspector General of the Peace Corps; any
individual whose official duties primarily include the safety
and security of Peace Corps volunteers or employees; the head
of the office responsible for medical services of the Peace
Corps; or any health care professional within the office
responsible for medical services of the Peace Corps.
The Committee included the exemptions to the 5-year rule
for the head of the office which is responsible for medical
services of the Peace Corps and any other health care
professional within that office due to credible reports which
it received about serious failings in the medical services
office over the last 2 years. The reports allege, among other
things, that for the first time in recent memory the head of
the office responsible for medical services, who traditionally
has been a civil servant, is now also the Associate Director
for Volunteer Safety, a political appointee. As a result, the
medical office is suffering from a lack of attention,
continuity and direction and may be compromising volunteer
health and safety. In large part because of these concerns, the
Committee required in H.R. 4060 that the director of medical
services and the Associate Director for Volunteer Safety be two
different individuals. The Committee urges the Director of the
Peace Corps to evaluate the management and procedures within
the office of medical services to ensure that volunteers
continue to receive the highest standard of care possible.
H.R. 4060 requires the GAO to perform its own independent
review of the 5-year rule by requesting that the Comptroller
General report on the effects the rule on the ability of the
Peace Corps to effectively manage its operations. The report
required by H.R. 4060 shall include a description of the 5-year
rule; a description of the history of the rule and the purposes
for which it was enacted and amended; an analysis of the impact
of the rule on the ability of the Peace Corps to recruit
capable volunteers, establish productive and worthwhile
assignments for volunteers; an assessment of whether the
application of the rule has accomplished the objectives for
which it was intended; and recommendations, if any, for
legislation to amend provisions of the Peace Corps Act relating
to the rule.
The Committee recognizes and applauds the recent
establishment by the Director of Peace Corps of the Office of
Safety and Security within the Peace Corps. H.R. 4060
establishes such an office by law, in amending the Peace Corps
Act. This measure, and the enumeration of responsibilities of
such office in the Peace Corps Act, will emphasize the
importance of safety and security as the Peace Corps embarks
upon its expansion.
The Committee also believes that it is essential that there
be Peace Corps security coordinators posted in each Peace Corps
country. Such coordinators should function in a manner
analogous to the Department of State's ``Regional Security
Officers,'' and should have access to threat information
through Embassy channels in order to take active steps to
provide up-to-date information to enhance the safety and
security of Peace Corps volunteers in a changing security
environment. Such security coordinators should be United States
citizens. The Committee is aware that existing Peace Corps
plans provide for foreign nationals to serve in such positions
in the majority of countries overseas. The Committee recommends
that the Director of the Peace Corps reassess such plans.
At the March 24, 2004 hearing, the Committee heard from Mr.
Walter R. Poirier, the father of missing volunteer Walter J.
Poirier, who testified that following his son's disappearance,
he spoke with the Peace Corps country director for Bolivia, and
asked ``what safety protocols were in place for volunteers
whose assignments were in remote areas such as my son, and what
provisions were made to enable them to communicate with Peace
Corps Bolivia headquarters.'' Mr. Poirier testified that the
country director replied that there was a radio telephone
within two or three kilometers of the younger Poirier's site.
Mr. Poirier testified that ``The radio telephone was actually
several miles upriver. When asked why these young people had no
cell phones, satellite phones, or GPS devices, [the country
director's] response was `we've been doing it this way for
forty years.' This attitude that the Peace Corps had no need
for change is a recurring theme in Peace Corps liturgy.''
The Committee is concerned about these assertions and the
concerns of other returned volunteers about their level of
communication with Peace Corps in-country staff. The Committee
urges the Director of the Peace Corps to respond to the
questions which were submitted for the record on this topic in
a timely manner so the Committee may have the benefit of that
information before the House considers the bill. The Committee
also urges the Director of the Peace Corps to consider
employing appropriate telecommunications technology, such as
cellular telephones, satellite telephones, and digital data
transmission technology, where available and consistent with
budgetary allocations, to improve the ability of Peace Corps
volunteers to communicate with country offices. Such improved
use of telecommunications technology could assist Peace Corps
country offices better manage and supervise volunteers, without
sacrificing the unique nature of the Peace Corps experience.
Improved lines of communication could also allow volunteers to
contact Peace Corps staff or other authorities in the event of
an emergency.
The Committee has received numerous communications from
current and former volunteers expressing support for the
creation of an Ombudsman of the Peace Corps. The Committee
notes that this proposal was originally suggested by former
Peace Corps volunteer and former Representative Tony Hall of
Ohio. The Committee has included a provision in H.R. 4060 that
creates the position of Ombudsman in order to serve the
community of current and former Peace Corps volunteers and
staff.
The Committee has provided in H.R. 4060 that the Ombudsman
shall carry out its duties in a manner that is independent,
impartial in the conduct of inquiries, confidential, and
consistent with the revised Standards for the Establishment and
Operation of Ombudsman Offices (August 2003) as endorsed by the
American Bar Association.
The Committee believes that work of the Ombudsman can and
should complement, but not overlap, with the work of the
Inspector General. A well-functioning Office of the Ombudsman
will serve as a channel for dispute resolution, while at the
same time assisting in areas not appropriate for review by the
Inspector General.
The Committee expresses appreciation for the Ombudsperson
of the Department of Justice, Ella Wheaton, and the Ombudsman
of the National Institutes of Health, Howard Gadlin, who
assisted the Committee in the drafting of the provisions of
H.R. 4060 that relate to the establishment of the Ombudsman of
the Peace Corps.
Members of the Committee heard testimony at the March 24,
2004 oversight hearing by the current Inspector General of the
Peace Corps, who testified that ``the Peace Corps Act itself
invites and even requires intrusion through the [Peace Corps]
Director's discretion into the I.G.'s personnel decisions and
his or her own tenure. Both affect the I.G.'s independence.
Amending the I.G. Act as proposed would be the most sure
resolution of this problem. Amending the Peace Corps Act to
lift the 5-year rule from the I.G. and staff would also resolve
the most important structural and legal impediment to
independence.''
The Committee believes that volunteer safety and security
partially depends upon the proper and independent establishment
of the Office of Inspector General. The past work of the Office
of Inspector General of the Peace Corps with respect to safety
and security is known and appreciated by the Committee.
However, the Committee believes that by elevating the Peace
Corps Inspector General to a position that is nominated by the
President and confirmed by the Senate, the Inspector General
will have the necessary stature to adequately and independently
examine the management practices, including with respect to
safety and security of volunteers.
On March 24, 2004, the Committee also heard testimony from
Kevin Quigley, the President of the National Peace Corps
Association (NPCA). The NPCA, a network of over 30,000
individuals from across the country, is the only national
organization for current and former Peace Corps volunteers,
staff, family, and friends. Mr. Quigley stated that while the
Peace Corps community agrees that safety and security of
volunteers should be paramount, the discussion surrounding
safety and security issues tends to obscure other concerns.
First, Mr. Quigley continued, many in the community question
``whether the Peace Corps experience is, relatively speaking,
any more risky in terms of homicides assaults than life for a
comparable cohort in urban America . . .'' The Committee notes
that the 2002 FBI Crime Report documents that 42 homicides
occurred in 2002 in Dayton, Ohio, with a population of
approximately 166,000. In comparison, approximately 170,000
volunteers have served in Peace Corps during its 43-year
history in over 130 developing countries and unfortunately 20
volunteers have been killed in incidents which have been ruled
to be homicides. Second, Mr. Quigley testified that the Peace
Corps community is concerned that efforts to improve safety and
security should not unnecessarily compromise the ability of
volunteers ``to live and work alongside host country
counterparts.'' Lastly, Mr. Quigley expressed concern that
safety and security measures should not be funded at the
expense of programming requirements for volunteers.
The Committee is cognizant of the concerns raised by Mr.
Quigley. H.R. 4060 addresses these concerns by requiring that
the Director of the Peace Corps evaluate the effectiveness and
merit of assignments for volunteers and report to Congress with
the director's findings. The report required of the director
also mandates an assessment of the Peace Corps' plan to
increase the number of volunteers assigned to projects,
particularly in communities of African descent in the Western
Hemisphere, which help combat HIV/AIDS and other global
infectious diseases.
The Committee notes that approximately 100 million
individuals of African descent live in Latin America and the
Caribbean, making this population the largest group of African
descendants living outside of Africa. While it is largely known
that Afro-descendants constitute the majority of Caribbean
populations, Afro-descendants are also present in almost all
Latin American countries, including Belize, Brazil, Colombia,
and Venezuela. Oftentimes Afro-descendant communities in the
region constitute the majority of the poor, have shorter life
expectancies, higher rates of infant mortality, higher
incidences of HIV/AIDS, and higher rates of illiteracy. As
such, the poor social and economic situation of Afro-descendant
populations is in many ways comparable to that of indigenous
populations living in Latin American countries. However, while
a number of efforts have been targeted to address the
situations of indigenous persons, relatively few efforts have
focused on Afro-descendant communities in Latin America. The
Committee is pleased that Peace Corps has engaged in efforts
that target Afro-descendant communities in Honduras and
encourages the agency to expand those efforts in Honduras and
throughout Latin America.
By establishing for a more independent Inspector General,
by creating the position of Ombudsman, by establishing the
Office of Safety and Security, by exempting certain positions
from the 5-year rule, and by calling for further examination of
the rule by the Comptroller General, H.R. 4060 will improve
accountability for safety and security matters in the Peace
Corps, and will provide for the improved safety and security of
Peace Corps volunteers by preparing the Peace Corps for
expansion in a dangerous world.
THE LEGISLATION
The ``Health, Safety and Security of Peace Corps Volunteers
Act of 2004'' (H.R. 4060) makes a number of important changes
to the Peace Corps Act.
The legislation creates the position of Ombudsman to
receive and inquire into complaints, questions, or concerns
raised by current or former volunteers or employees regarding
services or support provided by the Peace Corps.
The legislation statutorily creates an Office of Safety and
Security within the Peace Corps, to be headed by an Associate
Director for Safety and Security, who shall be responsible for
all safety and security activities of the Peace Corps.
This bill requires a report on the medical screening
procedures and guidelines used by the Peace Corps to determine
whether an applicant is medically and psychologically qualified
to serve in the Peace Corps as a volunteer.
The legislation also requires a report by the Comptroller
General on the ``five year rule,'' which was cited by the GAO
in previous reports as one of the reasons for an unacceptably
high degree of staff turnover and loss of institutional memory,
especially on safety and security matters.
The legislation also creates a more independent Inspector
General of the Peace Corps, exempting that individual and the
staff of the I.G. from the 5-year rule and creating more
accountable oversight by this Committee through the increased
access to information from the I.G. on all matters relating to
the management of the Peace Corps.
This legislation responds to the concerns addressed by our
witnesses last week, and also responds to the concerns raised
by current and former volunteers who have contacted the
Committee to discuss their experience with the Peace Corps.
Hearings
The Committee held an oversight hearing entitled ``Safety
and Security of Peace Corps Volunteers'' on March 24, 2004.
Committee Consideration
H.R. 4060 was introduced by Chairman Henry J. Hyde on March
30, 2004, co-sponsored by Ranking Democratic Member Tom Lantos,
and was referred to the Committee on International Relations.
The Committee considered H.R. 4060 at a meeting on March 31,
2004.
Votes of the Committee
The measure passed by voice vote. There were no recorded
votes.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 7, 2004.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4060, the Health,
Safety, and Security of Peace Corps Volunteers Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Joseph C.
Whitehill, who can be reached at 226-2840.
Sincerely,
Douglas Holtz-Eakin
Enclosure
cc:
Honorable Tom Lantos,
Ranking Member.
H.R. 4060--Health, Safety, and Security of Peace Corps Volunteers Act
of 2004
H.R. 4060 would establish within the Peace Corps an Office
of the Ombudsman, an Office of Safety and Security, an Office
of Medical Services, and an independent Inspector General. In
addition, the bill would require semi-annual reports from the
Ombudsman, a report on medical screening and placement of
volunteers, and reports on work assignments. Out of all these
offices established by the bill, only the Office of the
Ombudsman would be new--the other offices exist under more
general authority. CBO estimates that implementing the bill
would require the hiring of an additional four personnel and
would cost about $500,000 each year, assuming the appropriation
of the necessary funds. The bill would not affect direct
spending or receipts.
Based on information from the Peace Corps, CBO estimates
that staffing an Office of the Ombudsman would require three
additional staff. H.R. 4060 would also require that the head of
the Office of Medical Services not occupy any other position
within the Peace Corps. Thus, providing a full-time head for
the office would require hiring an additional senior officer.
Staffing is currently in place within the Director of the Peace
Corps' organization, for an Office of Volunteer Safety and
Security and an Office of Medical Services. Under the bill, the
Inspector General would be appointed by the President and
control his own budget. CBO estimates that the change in status
of the Inspector General and the new reporting requirements
would not significantly affect spending.
H.R. 4060 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact is Joseph C. Whitehill, who can be
reached at 226-2840. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The goals and objectives of this legislation are to improve
the health, safety and security of Peace Corps volunteers,
administered under the authority of the Peace Corps Act of
1961.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 18 of the
Constitution (relating to making all laws necessary and proper
for carrying into execution powers vested by the Constitution
in the Government of the United States).
Section-by-Section Analysis and Discussion
Section 1. Short Title. Section 1 contains a short title,
the ``Health, Safety, and Security of Peace Corps Volunteers
Act of 2004.''
Section 2. Ombudsman of the Peace Corps. Section 2 amends
the Peace Corps Act (22 U.S.C. 2501 et seq.) by inserting after
section 4 a new section 4A ``Ombudsman of the Peace Corps.''
Section 4A is divided into six subsections.
Section 4A(a) establishes in the Peace Corps the Office of
the Ombudsman of the Peace Corps, which shall be headed by the
Ombudsman of the Peace Corps, who shall be appointed by and
report directly to the Director of the Peace Corps.
Section 4A(b) provides that 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 the safety and
security of volunteers; due process, including processes
relating to separation from the Peace Corps; benefits and
assistance that may be due to current or former volunteers;
medical or other health-related assistance; and access to files
and records of current or former volunteers.
Section 4A(c) provides that 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.
Section 4A(d) provides that the Ombudsman shall recommend
responses to individual matters received under subsections (b)
and (c) of section 4A; make recommendations for administrative
or regulatory adjustments to address recurring problems or
other difficulties of the Peace Corps; identify systemic issues
that relate to the practices, policies, and administrative
procedures of the Peace Corps affecting volunteers and
employees; and call attention to problems not yet adequately
considered by the Peace Corps.
Section 4A(e) provides that the Ombudsman shall carry out
the duties under this section in a manner that is independent,
impartial in the conduct of inquiries, and confidential; and
consistent with the revised Standards for the Establishment and
Operation of Ombudsman Offices (August 2003) as endorsed by the
American Bar Association.
Section 4A(f) provides that 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.
Section 4A(g) requires that not later than 180 days after
the date of the enactment of section 4A, 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 the
complaints, questions, and concerns considered by the
Ombudsman; the inquiries completed by the Ombudsman;
recommendations for action with respect to such complaints,
questions, concerns, or inquiries; and any other matters that
the Ombudsman considers relevant. This subsection further
requires that each report submitted by the Ombudsman in
furtherance of this subsection shall maintain confidentiality
on any matter that the Ombudsman considers appropriate in
accordance with section 4A(e).
Section 4A(g) provides that in section 4A, 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.'.
Section 3. Office of Safety and Security of the Peace
Corps. Section 3 amends the Peace Corps Act inserting a new
section 4B after the new section 4A as amended by section 2.
Section 4B, ``Office of Safety and Security of the Peace
Corps'', is divided into three subsections.
Section 4B(a) establishes in the Peace Corps the Office of
Safety and Security of the Peace Corps, which 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.
Section 4B(b) provides that the office established by
section 4B(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.
Section 4B(c) includes a sense of Congress that the
Associate Director of Safety and Security of the Peace Corps,
as appointed pursuant to section 4B(a), 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 section 4B(a); and that each country security
coordinator should be under the supervision of the Peace Corps
country director in each such country; should report directly
to the Associate Director of Safety and Security of the Peace
Corps on all matters of importance as the country security
coordinator considers necessary; 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 should be a United States
citizen who has access to information, including classified
information, relating to the possible threats against Peace
Corps volunteers.
Section 4. Office of Medical Services of the Peace Corps.
Section 4 is divided into three subsections.
Section 4(a) requires that 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 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; 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 2 years of volunteer service without
interruption due to foreseeable medical conditions; and with
respect to each of the fiscal years 2000 through 2003 and the
first 6 months of fiscal year 2004, states the number of
medical screenings of applicants conducted; applicants who have
received worldwide clearance, limited clearance, deferral
periods, and medical disqualifications to serve; appeals to the
Medical Screening Review Board of the Peace Corps and the
number of times that an initial screening decision was upheld;
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; 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; 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; Peace Corps volunteers who the agency has had to
separate from service due to the discovery of undisclosed
medical information; and Peace Corps volunteers who have
terminated their service early due to medical, including
psychological, reasons.
Section 4(b) includes a definition of the term
``appropriate congressional committees.''
Section 4(c) amends section 4(c) of the Peace Corps Act (22
U.S.C. 2503(c)) by adding at the end a new paragraph which
requires the Director of the Peace Corps to 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.
Section 5. Reports on the ``Five Year Rule'' and on Work
Assignments of Volunteers of the Peace Corps. Section 5 is
divided into three subsections.
Section 5(a) requires that not later than 1 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. The report shall include a description
of such limitation; a description of the history of such
limitation and the purposes for which it was enacted and
amended; 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''; an assessment of whether the application of such
limitation has accomplished the objectives for which it was
intended; and recommendations, if any, for legislation to amend
provisions of the Peace Corps Act relating to such limitation.
Section 5(b) requires that 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. The report shall include 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; 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; a description of
procedures for determining volunteer work assignments and
minimum standards for such assignments; 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 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.
Section 5(c) includes a definition of the term
``appropriate congressional committees.''
Section 6. Inspector General of the Peace Corps. Section 6
is divided into four subsections.
Section 6(a) amends the Inspector General Act of 1978 (5
U.S.C. App.) in section 8G(a)(2), by striking ``, the Peace
Corps''; 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 in section 11, in paragraph (1), by striking ``or the
Office of Personnel Management'' and inserting ``the Office of
Personnel Management, or the Peace Corps''; and in paragraph
(2), by inserting ``, the Peace Corps'' after ``the Office of
Personnel Management''.
Section 6(b) provides that 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.
Section 6(c) amends section 7 of the Peace Corps Act (22
U.S.C. 2506) is amended by redesignating subsection (c) as
subsection (b); and by adding at the end a new subsection which
provides that the provisions of such section that limit the
duration of service, appointment, or assignment of individuals
shall not apply to the Inspector General of the Peace Corps;
officers of the Office of the Inspector General of the Peace
Corps; any individual whose official duties primarily include
the safety and security of Peace Corps volunteers or employees;
the head of the office responsible for medical services of the
Peace Corps; or any health care professional within the office
responsible for medical services of the Peace Corps.
Section 6(d) amends section 7 of the Peace Corps Act (22
U.S.C. 2506), as amended by section 6(c), by adding at the end
a new subsection (d) which provides that 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.
New Advisory Committees
H.R. 4060 establishes no new advisory committees.
Congressional Accountability Act
H.R. 4060 does not apply to the legislative branch.
Federal Mandates
H.R. 4060 imposes no Federal mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
PEACE CORPS ACT
* * * * * * *
TITLE I--THE PEACE CORPS
* * * * * * *
director of the peace corps and delegation of functions
Sec. 4. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(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. 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. 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.
* * * * * * *
peace corps employees
Sec. 7. (a) * * *
[(c)] (b) In each country or area in which volunteers serve
abroad, the President may appoint an employee or a volunteer as
a Peace Corps representative to have direction of other
employees of the Peace Corps abroad and to oversee the
activities carried on under this Act in such country or area.
Unless a representative is a volunteer, the compensation,
allowances and benefits, and other terms and conditions of
service of each such representative, shall be the same as those
of a person appointed or assigned pursuant to paragraph (1) or
(2) of subsection (a) of this section, except that any such
representative may, notwithstanding any provision of law, be
removed by the President in his discretion.
(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.
(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.
* * * * * * *
utilization of funds
Sec. 15. (a) * * *
* * * * * * *
(d) Funds available for the purposes of this Act shall be
available for--
(1) * * *
* * * * * * *
(4) purchase and hire of passenger motor vehicles:
Provided, That, except as may otherwise be provided in
an appropriation or other Act, passenger motor vehicles
for administrative purposes abroad may be purchased for
replacement only, and such vehicles may be exchanged or
sold and replaced by an equal number of such vehicles,
and the cost, including exchange allowance, of each
such replacement shall not exceed the applicable cost
limitation described in section 636(a)(5) of the
Foreign Assistance Act of 1961 in the case of an
automobile for any Peace Corps country representative
appointed under section [7(c)] 7(b): Provided further,
That the provisions of section 1343 of Title 31, United
States Code, shall not apply to the purchase of
vehicles for the transportation, maintenance, or direct
support of volunteers overseas: Provided further, That
passenger motor vehicles may be purchased for use in
the United States only as may be specifically provided
in an appropriation or other Act;
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
REQUIREMENTS FOR FEDERAL ENTITIES AND DESIGNATED FEDERAL ENTITIES
Sec. 8G. (a) Notwithstanding section 11 of this Act, as
used in this section--
(1) * * *
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System, the Board
for International Broadcasting, the Commodity Futures
Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting,
the Equal Employment Opportunity Commission, the Farm
Credit Administration, the Federal Communications
Commission, the Federal Deposit Insurance Corporation,
the Federal Election Commission, the Election
Assistance Commission, the Federal Housing Finance
Board, the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Trade
Commission, the Legal Services Corporation, the
National Archives and Records Administration, the
National Credit Union Administration, the National
Endowment for the Arts, the National Endowment for the
Humanities, the National Labor Relations Board, the
National Science Foundation, the Panama Canal
Commission[, the Peace Corps], the Pension Benefit
Guaranty Corporation, the Securities and Exchange
Commission, the Smithsonian Institution, the United
States International Trade Commission, and the United
States Postal Service;
* * * * * * *
TRANSFER OF FUNCTIONS
Sec. 9. (a) There shall be transferred--
(1) to the Office of Inspector General--
(A) * * *
* * * * * * *
(U) of the Veterans' Administration, the
offices of that agency referred to as the
``Office of Audits'' and the ``Office of
Investigations''; [and]
* * * * * * *
(X) of the Peace Corps, the office of that
agency referred to as the ``Office of Inspector
General''; and
* * * * * * *
DEFINITIONS
Sec. 11. As used in this Act--
(1) the term ``head of the establishment'' means
the Secretary of Agriculture, Commerce, Defense,
Education, Energy, Health and Human Services, Housing
and Urban Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, [or the Office
of Personnel Management] the Office of Personnel
Management, or the Peace Corps; the Chairman of the
Nuclear Regulatory Commission or the Railroad
Retirement Board; the Chairperson of the Thrift
Depositor Protection Oversight Board; the Chief
Executive Officer of the Corporation for National and
Community Service; the Administrator of the Community
Development Financial Institutions Fund; the chief
executive officer of the Resolution Trust Corporation;
the Chairperson of the Federal Deposit Insurance
Corporation; the Commissioner of Social Security,
Social Security Administration; the Board of Directors
of the Tennessee Valley Authority; or the President of
the Export-Import Bank; as the case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Peace Corps, the Railroad Retirement
Board, the Resolution Trust Corporation, the Federal
Deposit Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, or the Veterans' Administration, the
Social Security Administration, the Tennessee Valley
Authority, or the Export-Import Bank, as the case may
be;
* * * * * * *