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108th Congress                                            Rept. 108-481
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================
 
   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;

           *       *       *       *       *       *       *