[House Report 106-18]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-18
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TO AMEND THE PEACE CORPS ACT TO AUTHORIZE APPROPRIATIONS FOR FISCAL
YEARS 2000 THROUGH 2003 TO CARRY OUT THAT ACT
_______
February 16, 1999.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Gilman, from the Committee on International Relations, submitted
the following
R E P O R T
[To accompany H.R. 669]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 669) to amend the Peace Corps Act to
authorize appropriations for fiscal years 2000 through 2003 to
carry out that Act, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Committee Action
Introduction and Consideration of the Bill
H.R. 669, to reauthorize appropriations for the Peace
Corps, was introduced on February 10, 1999, by Mr. Campbell,
Mr. Gilman and Mr. Gejdenson along with 32 additional original
cosponsors and referred to the Committee on International
Relations. It was considered by the Committee on February 11,
1999, and, a quorum being present, was ordered reported to the
House by voice vote with the recommendation that the bill do
pass.
Record Votes on Amendments and Motion to Report
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the committee
report. No record votes were taken during the consideration of
H.R. 669.
Background and Purpose
The main purpose of the bill is to authorize the expansion
of the Peace Corps to President Reagan's original goal of
10,000 volunteers. Under the bill, the 10,000 volunteer target
would be reached by Fiscal Year 2003. The bill also updates
several outdated provisions of the Peace Corps Act.
Peace Corps Legacy
The Peace Corps was established by an Executive Order of
President Kennedy on March 1, 1961 and later affirmed by an Act
of Congress on September 22, 1962 (P.L. 87-293). Since that
time, 153,000 Americans have served in 134 countries through
the Peace Corps. These volunteers have learned 180 languages
and dialects. Five current Members of the House (Messrs. Farr,
Hall, Petri, Shays, and Walsh) and one current Senator (Sen.
Dodd) served in the Peace Corps as well as one member of the
Cabinet (the Secretary of Health and Human Services, Donna
Shalala) and seven current U.S. Ambassadors (Algeria, Armenia,
Guyana, Malawi, Nigeria, Togo, and Senegal).
In 1985, President Reagan set a policy for the Peace Corps
to expand to 10,000 volunteers. This goal was later set into
law by the International Security and Development Cooperation
Act of 1985 (P.L. 99-83). Despite this target set by both the
President and Congress, the Peace Corps has not yet reached its
goal.
After the establishment of the Peace Corps, volunteer
numbers peaked at 15,556 in 1966. In adjusted 1992 dollars,
Congress appropriated $470 million for the operation of the
Corps. Since1966, the numbers of volunteers declined to a low
of 4,219 volunteers at the end of Fiscal Year 1987. Since then, Peace
Corps volunteer numbers expanded to last year's total of 6,700
volunteers and a Fiscal Year 1999 appropriation of $241 million.
The Peace Corps has been rated as an effective foreign
assistance program by many U.S. ambassadors serving in the
field. For example:
Ambassador Littrel reported that Tunisia became the
first Arab nation to welcome the Peace Corps in 1962.
2,382 Americans served the Corps in Tunisia as that
country became a key player in the Middle East peace
process. During their service, Volunteers planned two
major towns, taught 50,000 students, coached the
national basketball team and built dozens of water,
sanitation and health projects.
Ambassador Walker reported that the Peace Corps was
``in many respects, the face of this embassy, and of
America, to countless small Czech communities.'' When
the Peace Corps left the Czech Republic, the government
established the ``Bohemia Corps'' to begin Czech
overseas volunteer work in the image of the Peace
Corps.
Ambassador Bosworth reported that despite the Peace
Corps' departure 18 years ago from South Korea, ``there
are a great many Koreans, many in key positions, who
vividly and positively remember their experiences
working with, or being taught by, Peace Corps
volunteers.'' Like the Czech Republic, Korea
established its own international volunteer corps in
the image of the Peace Corps.
Ambassador Frank reported from Nepal that ``I know
firsthand what a difference the Peace Corps has made to
Nepal and even if I did not know it, I would be
reminded by every Nepali I meet, from the King and the
Prime Minister to ordinary Nepalis at the village
level.''
Expansion to 10,000 Volunteers
President Clinton renewed President Reagan's call for
increasing the size of the Peace Corps last year. Originally,
the Administration planned to expand the Corps to ``10,000 by
2000.'' The Committee held a hearing on this goal on March 18,
1998. Given the funding restraints of the appropriations bill,
this plan was amended this year to expand the Corps more
slowly--reaching 10,000 volunteers three years later than
originally planned, in Fiscal Year 2003. Last year, Congress
increased funding for the Corps from $222 million to $241
million. In the President's budget request for Fiscal Year
2000, he requested $270 million for the Peace Corps.
The President's Fiscal Year 2000 request would allow the
Corps to expand to 8,000 volunteers, expanding in South Africa,
Jordan, China, Bangladesh and Mozambique. Primary growth areas
will be the Caucasus, Central Asia and Africa. Additional
volunteers will be sent for hurricane relief missions in
Central America. Programs in North Africa, the Middle East,
Asia Central and Eastern Europe, South America and the Pacific
will receive smaller increases. The Corps will also expand the
work of the ``Crisis Corps,'' a cadre of experienced Peace
Corps volunteers who have the language skills and background to
make major contributions to very difficult emergencies such as
in Central America or West Africa.
The growth of the Corps has been moderated by management,
income and safety concerns. Since Fiscal Year 1992, the Corps
closed 15 missions (Cook Islands, Nigeria, Seychelles, Comoros,
Marshall Islands, Sao Tome and Principe, Tunisia, Czech
Republic, Hungary, Swaziland, Uruguay, Chile, Botswana, Fiji
and Tuvalu). Safety concerns also mandated the closure of
missions in seven countries including the Central African
Republic, Albania, the Republic of Congo, Sri Lanka, Eritrea,
Chad and Guinea-Bissau. The Corps has also established new
safety and security protocols for volunteers and retained a new
Coordinator for Volunteer Safety and Overseas Security.
The Peace Corps has also reduced headquarters staffing by
13% since 1993, and closed five of sixteen domestic recruiting
offices. Support costs per volunteer in constant dollars have
dropped 14% from FY93 to FY98.
In sum, the bill would authorize the appropriation of $270
million in Fiscal Year 2000 (the President's request) and
amounts through Fiscal Year 2003 to reach the 10,000 volunteer
goal by the end of FY03. These amounts would remain subject to
appropriation and would therefore fall under the budget caps
and subcommittee allocations of the budget and appropriations
process.
Other Matters
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports 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.
Committee on Government Reform Findings
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the Government Reform Committee pursuant to clause 4(c)(2) of
rule X of those Rules. The Committee on International Relations
has received no such findings or recommendations from the
Committee onGovernment Reform.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Constitutional Authority Statement
In compliance with clause 3(d)(1) of rule XIII of the Rules
of the House of Representatives, the Committee cites the
following specific powers granted to the Congress in the
Constitution as authority for enactment of H.R. 669 as reported
by the Committee: Article I, section 8, clause 1 (relating to
providing for the common defense and general welfare of the
United States); Article I, section 8, clause 3 (relating to the
regulation of commerce with foreign nations); and Article I,
section 8, clause 18 (relating to making all laws necessary and
proper for carrying into execution powers vested by the
Constitution in the government of the United States).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. The Committee states that H.R. 669 is not
intended to preempt any state or local law.
New Budget Authority and Tax Expenditures, Congressional Budget Office
Cost Estimate, and Federal Mandates Statements
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority, new spending
authority, or new credit authority or changing revenues or tax
expenditures to contain a cost estimate, as required by section
308(a)(1) of the Congressional Budget Act of 1974, as amended,
and, when practicable with respect to estimates of new budget
authority, a comparison of the estimated funding level for the
relevant program (or programs) to the appropriate levels under
current law.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives requires committees to include their own cost
estimates in certain committee reports, which include, when
practicable, a comparison of the total estimated funding level
for the relevant program (or programs) with the appropriate
levels under current law.
Clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives requires the report of any committee on a
measure which has been approved by the Committee to include a
cost estimate prepared by the Director of the Congressional
Budget Office, pursuant to section 403 of the Congressional
Budget Act of 1974, if the cost estimate is timely submitted.
Section 423 of the Congressional Budget Act requires the
report of any committee on a bill or joint resolution that
includes any Federal mandate to include specific information
about such mandates. The Committee states that H.R. 669 does
not include any Federal mandate.
The Committee adopts the cost estimate of the Congressional
Budget Office as its own submission of any new required
information with respect to H.R. 669 on new budget authority,
new spending authority, new credit authority, or an increase or
decrease in the national debt. It also adopts the estimate of
Federal mandates prepared by the Director of the Congressional
Budget Office pursuant to section 423 of the Unfunded Mandates
Reform Act. The estimate and report which has been received is
set out below.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 16, 1999.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office (CBO)
has prepared the enclosed cost estimate for H.R. 669, a bill to
amend the Peace Corps Act to authorize appropriations for
fiscal years 2000 through 2003 to carry out that act, and for
other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Joseph C.
Whitehall.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 669--A bill to amend the Peace Corps Act to authorize
appropriations for fiscal years 2000 through 2003 to carry out
that act, and for other purposes
Summary: H.R. 669 would authorize appropriations for the
Peace Corps for fiscal years 2000 through 2003. CBO estimates
that appropriation of the authorized amounts would result in
additional outlays of $1.23 billion over the next five years.
Because H.R. 669 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) and would
not affect the budgets of state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 669 is shown in the table below. The
costs of this legislation fall within budget function 150
(international affairs).
Basis of estimate: The estimate assumes enactment of the
bill and subsequent appropriation of the authorized amounts by
the beginning of fiscal year 2000. CBO used historical spending
rates to estimate outlays.
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by fiscal year, in millions of dollars--
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1999 2000 2001 2002 2003 2004
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SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\............................ 240 0 0 0 0 0
Estimated outlays............................... 235 49 6 1 0 0
Proposed changes:
Authorization level............................. 0 270 298 327 365 0
Estimated outlays............................... 0 211 281 314 351 73
Spending under H.R. 669:
Authorization level \1\......................... 240 270 298 327 365 0
Estimated outlays............................... 235 260 287 315 351 73
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\1\ The 1999 level is the amount appropriated for that year.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: The bill
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Joseph C. Whitehall.
Impact on State, Local, and Tribal Governments: Leo Lex. Impact
on the Private Sector: Leslie Frymier.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Section-by-Section Analysis
Sec. 1. Authorization of Appropriations for Fiscal years 2000 through
2003 to Carry Out the Peace corps Act
This section amends the Peace Corps Act to provide the
following authorizations of appropriations: Fiscal Year 2000--
$270 million, Fiscal Year 2001--$298 million, Fiscal Year
2002--$327 million, Fiscal Year 2003--$365 million. The
Committee understands that these amounts are consistent with
Office of Management & Budget and Peace Corps estimates of
amounts required to meet the 10,000 volunteer target by the end
of Fiscal Year 2003. The Committee also understands that these
amounts are already part of the Administration's outyear
projections for Fiscal Years 2001-2003.
Sec. 2. Miscellaneous Amendments to the Peace Corps Act
Section 2(a) adds a new paragraph (13) to subsection
15(d).1 The new paragraph would exempt the Peace
Corps from 49 U.S.C. 40118 with respect to flights between two
points abroad to the same extent other foreign service agencies
are exempt from that section.
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\1\ 22 U.S.C. subsection 2214(d).
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Under 49 U.S.C. subsection 40118(d), the Department of
State and the Agency for International Development (AID) are
exempt from the requirements of 49 U.S.C. 40118 for travel
between two places outside the United States by employees and
their dependents. Determining which carriers overseas are U.S.
certified or have agreements with the U.S. that qualify them
under section 40118 is a complex undertaking. Posts and
individuals must make decisions in this area at the risk of
having their travel costs disallowed. The Committee believes
that administrative provisions affecting foreign service
agencies should be as consistent as possible. For instance, a
Peace Corps employee who is flying with an AID employee to
attend a meeting should be able to fly on the same plane
without fear of being penalized under section 40118. This
provision would extend to Peace Corps employees and Volunteers
the same treatment now available to other foreign service
agency employees.
Section 2(b) makes technical changes to sections 5, 10 and
15 of the Peace Corps Act (hereinafter the Act) to reflect
changes in statutory citations that have occurred since
enactment of the Act.
Section 2(b)(1) strikes out ``Civil Service Commission'' in
section 5(f)(1)(B) and inserts in lieu thereof ``Office of
Personnel Management.'' The Civil Service Commission was
replaced by the Office of Personnel Management in 1966.
Section 2(b)(2) amends section 5(h) of the Act (22 U.S.C.
2504(h)) in several respects. It strikes out references to the
Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.),
the Act of June 4, 1954, chapter 264, section 4 (5 U.S.C. 73b-
5, the Act of December 23, 1944, chapter 716, section 1, as
amended (31 U.S.C. 492a) and inserts references to 5 U.S.C.
5732 and 31 U.S.C. 3342. The Federal Voting Assistance Act has
been repealed and replaced by a provision (42 U.S.C. 1973cc et
seq.) which is available to all American citizens overseas. It
is unnecessary, therefore, to consider Volunteers federal
employees to provide them with the benefits of the Act;
therefore, the reference to voter assistance in this provision
can be deleted. The replacement of references to sections of
titles 5 and 31 with references to 5 U.S.C. 5732 and 31 U.S.C.
3342 reflect recodification of provisions relating to
reimbursement for the cost of transportation of baggage and
effects, and check cashing privileges in those titles. No
substantive change is involved.
Section 2(b)(3) replaces the reference to ``section 1757 of
the Revised Statutes of the United States, as amended (5 U.S.C.
16)'' with ``section 3331 of title 5, United States Code,''
reflecting the codification of the statutory oath for employees
in 1966.
Section 2(b)(4) replaces the reference to 31 U.S.C. 665(b)
with ``31 U.S.C. 1342,'' reflecting the 1982 revision of title
31.
Section 2(b)(5) amends section 15(c) 2 by
striking out ``Public Law 84-918 (7 U.S.C. 1881 et seq.)'' and
inserting in lieu thereof ``subchapter VI of chapter 33, title
5, United States Code (5 U.S.C. 3371 et seq.).'' Section 15(c)
of the Peace Corps Act authorizes training for employees at
private and public agencies. The statutory provisions relating
to employee training were transferred from title 7 to title 5
in 1970.
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\2\ 22 U.S.C. subsection 2514(c).
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Section 2(b)(6) amends paragraph 15(d)(2) 3 by
striking out ``section 9 of Public Law 60-328 (31 U.S.C. 673)''
and inserts in lieu thereof ``31 U.S.C. 1346.'' This section of
the Peace Corps Act authorizes the payment of expenses to
attend meetings related to the Peace Corps Act. No substantive
change is intended. It is another change required by the 1982
revision of title 31.
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\3\ 22 U.S.C. subsection 2514(d)(2).
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Section 2(b)(7) strikes out ``without regard to section
3561 of the Revised Statutes (31 U.S.C. 543)''. This statute,
which contained a restriction on currency exchanges, has been
repealed and apparently was not replaced.
Section 2(b)(8) strikes out ``Foreign Service Act of 1946,
as amended (22 U.S.C. 801 et seq.)'' and inserts in lieu
thereof: ``Foreign Service Act of 1980, as amended (22 U.S.C.
3901 et seq.)''. The Foreign Service Act was rewritten and
renamed in 1980.
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 italic, existing law in which no change is
proposed is shown in roman):
PEACE CORPS ACT
TITLE I--THE PEACE CORPS
* * * * * * *
authorization
Sec. 3. (a) * * *
[(b) Authorizations of Appropriations.--There are authorized
to be appropriated to carry out the purposes of this Act
$218,146,000 for fiscal year 1993, which are authorized to
remain available until September 30, 1994.]
(b)(1) There are authorized to be appropriated to carry out
the purposes of this Act $270,000,000 for fiscal year 2000,
$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year
2002, and $365,000,000 for fiscal year 2003.
(2) Amounts authorized to be appropriated under paragraph (1)
for a fiscal year are authorized to remain available for that
fiscal year and the subsequent fiscal year.
* * * * * * *
peace corps volunteers
Sec. 5. (a) * * *
* * * * * * *
(f)(1) Any period of satisfactory service of a volunteer
under this Act shall be credited in connection with subsequent
employment in the same manner as a like period of civilian
employment by the United States Government--
(A) * * *
(B) except as otherwise determined by the President,
for the purposes of determining seniority, reduction in
force, and layoff rights, leave entitlement, and other
rights and privileges based upon length of service
under the laws administered by the [Civil Service
Commission] Office of Personnel Management, the Foreign
Service Act of 1980, and every other Act establishing
or governing terms and conditions of service of
civilian employees of the United States Government:
Provided, That service of a volunteer shall not be
credited toward completion of any probationary or trial
period or completion of any service requirement for
career appointment.
* * * * * * *
(h) Volunteers shall be deemed employees of the United States
Government for the purposes of the Federal Tort Claims Act and
any other Federal tort liability statute, [the Federal Voting
Assistance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June
4, 1954, chapter 264, section 4 (5 U.S.C. 73b-75), the Act of
December 23, 1944, chapter 716, section 1, as amended (31
U.S.C. 492a),] section 3342 of title 31, United States Code,
section 5732 and section 5584 of title 5, United States Code
(and readjustment allowances paid under this Act shall be
considered as pay for purposes of such section, and section 1
of the Act of June 4, 1920 (41 Stat. 750), as amended (22
U.S.C. 214).
* * * * * * *
(j) Upon enrollment in the Peace Corps, every volunteer shall
take the oath prescribed for persons appointed to any office of
honor or profit by [section 1757 of the Revised Statutes of the
United States, as amended (5 U.S.C. 16) and shall swear (or
affirm) that he does not advocate the overthrow of our
constitutional form of government in the United States, and
that he is not a member of an organization that advocates the
overthrow of our constitutional form of government in the
United States, knowing that such organization so advocates.]
section 3331 of title 5, United States Code.
* * * * * * *
general powers and authorities
Sec. 10. (a) In the furtherance of the purposes of this Act,
the President may--
(1) * * *
* * * * * * *
(4) accept in the name of the Peace Corps and employ
or transfer in furtherance of the purposes of this Act
(A) voluntary services notwithstanding the provisions
of [31 U.S.C. 665(b)] section 1342 of title 31, United
States Code, and (B) any money or property (real,
personal or mixed, tangible or intangible) received by
gift, devise, bequest, or otherwise; and
* * * * * * *
utilization of funds
Sec. 15. (a) * * *
* * * * * * *
(c) Funds available under this Act may be used to pay costs
of training employees employed or assigned pursuant to section
7(a)(2) of this Act (through interchange or otherwise) at any
State or local unit of government, public or private nonprofit
institution, trade, labor, agricultural, or scientific
association or organization, or commercial firms; and the
provisions of [Public Law 84-918 (7 U.S.C. 1881 et seq.)]
subchapter VI of chapter 33 of title 5, United States Code may
be used to carry out the foregoing authority notwithstanding
that interchange of personnel may not be involved or that the
training may not take place at the institutions specified in
that Act. Any payments or contributions in connection therewith
may, as deemed appropriate by the head of the agency of the
United States Government authorizing such training, be made by
private or public sources and be accepted by any trainee, or
may be accepted by and credited to the current applicable
appropriation of such agency: Provided, however, That any such
payments to an employee in the nature of compensation shall be
in lieu, or in reduction, of compensation received from the
United States Government.
(d) Funds available for the purposes of this Act shall be
available for--
(1) * * *
(2) expenses of attendence at meetings concerned with
the purposes of this Act, including (notwithstanding
the provisions of [section 9 of Public Law 60-328 (31
U.S.C. 673)] section 1346 of title 31, United States
Code) expenses in connection with meetings of persons
whose employment is authorized by section 13(a) of this
Act;
* * * * * * *
(6) exchange of funds [without regard to section 3561
of the Revised Statutes (31 U.S.C. 543)] and loss by
exchange;
* * * * * * *
(11) use in accordance with authorities of the
[Foreign Service Act of 1946, as amended (22 U.S.C. 801
et seq.)] Foreign Service Act of 1980 (22 U.S.C. 3901
et seq.) not otherwise provided for; [and]
(12) ice and drinking water for use abroad[.]; and
(13) the transportation of Peace Corps employees,
Peace Corps volunteers, dependents of such employees
and volunteers, and accompanying baggage, by a foreign
air carrier when the transportation is between two
places outside the United States without regard to
section 40118 of title 49, United States Code.
* * * * * * *