[USC02] 22 USC Ch. 34: THE PEACE CORPS
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22 USC Ch. 34: THE PEACE CORPS
From Title 22—FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 34—THE PEACE CORPS

Sec.
2501.
Congressional declaration of purpose.
2501–1.
Independent agency status of Peace Corps.
2501a.
Voluntary service programs.
2502.
Presidential authorization; appropriations and financial readjustments.
2503.
Director and Deputy Director; delegation of functions.
2504.
Peace Corps volunteers.
2504a.
Health care for volunteers at Peace Corps posts.
2505.
Peace Corps volunteer leaders; number; applicability of chapter; benefits.
2506.
Peace Corps employees.
2507.
Training program.
2507a.
Sexual assault risk-reduction and response training.
2507b.
Sexual assault policy.
2507c.
Office of Victim Advocacy.
2507d.
Establishment of Sexual Assault Advisory Council.
2507e.
Volunteer feedback and Peace Corps review.
2507f.
Establishment of a policy on stalking.
2507g.
Establishment of a confidentiality protection policy.
2507h.
Removal and assessment and evaluation.
2507i.
Reporting requirements.
2508.
Foreign participants; admission into the United States as nonimmigrants; removal.
2509.
Presidential powers and authorities.
2510.
Omitted.
2511.
Peace Corps National Advisory Council.
2512.
Experts and consultants.
2513.
Assignment of personnel to foreign governments or international organizations.
2514.
Use of funds.
2514a.
Authorization for Peace Corps to provide separation pay for host country resident personal services contractors of the Peace Corps.
2515.
Foreign Currency Fluctuations Account.
2516.
Use of foreign currencies.
2517.
Activities promoting Americans' understanding of other peoples.
2518.
Seal and name.
2519.
Security investigations.
2520.
Military training and service exemption.
2521.
Foreign language proficiency.
2521a.
Nonpartisan appointments.
2522.
Definitions.
2523.
Separability.

        

§2501. Congressional declaration of purpose

(a) The Congress of the United States declares that it is the policy of the United States and the purpose of this chapter to promote world peace and friendship through a Peace Corps, which shall make available to interested countries and areas men and women of the United States qualified for service abroad and willing to serve, under conditions of hardship if necessary, to help the peoples of such countries and areas in meeting their needs for trained manpower, particularly in meeting the basic needs of those living in the poorest areas of such countries, and to help 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.

(b) The Congress declares that it is the policy of the United States and a purpose of the Peace Corps to maintain, to the maximum extent appropriate and consistent with programmatic and fiscal considerations, a volunteer corps of at least 10,000 individuals.

(Pub. L. 87–293, title I, §2, Sept. 22, 1961, 75 Stat. 612; Pub. L. 95–331, §2, Aug. 2, 1978, 92 Stat. 414; Pub. L. 99–83, title XI, §1102(a), Aug. 8, 1985, 99 Stat. 272.)

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

1985Pub. L. 99–83 designated existing provisions as subsec. (a) and added subsec. (b).

1978Pub. L. 95–331 inserted "particularly in meeting the basic needs of those living in the poorest areas of such countries" after "manpower".

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date

Pub. L. 87–293, title I, §28, formerly §27, Sept. 22, 1961, 75 Stat. 625, as renumbered by Pub. L. 99–83, title XI, §1105(a)(1), Aug. 8, 1985, 99 Stat. 276, provided that: "This Act [see Short Title note below] shall take effect on the date of its enactment [Sept. 22, 1961]."

Short Title of 2018 Amendment

Pub. L. 115–256, §1(a), Oct. 9, 2018, 132 Stat. 3650, provided that: "This Act [enacting section 2504a of this title, amending sections 2504, 2506 to 2507e, 2509, and 2522 of this title and section 8142 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 2504 of this title, may be cited as the 'Sam Farr and Nick Castle Peace Corps Reform Act of 2018'."

Short Title of 2011 Amendment

Pub. L. 112–57, §1, Nov. 21, 2011, 125 Stat. 736, provided that: "This Act [enacting sections 2507a to 2507i of this title, amending sections 2504, 2506, 2507, and 2509 of this title, and enacting provisions set out as notes under sections 2503 and 2507a of this title] may be cited as the 'Kate Puzey Peace Corps Volunteer Protection Act of 2011'."

Short Title of 1978 Amendment

Pub. L. 95–331, §1, Aug. 2, 1978, 92 Stat. 414, provided: "That this Act [amending this section and sections 2501a, 2502, 2504, 2509, and 2510 of this title and enacting provisions set out as notes under sections 2501a and 2509 of this title] may be cited as the 'Peace Corps Act Amendments of 1978'."

Short Title

Pub. L. 87–293, title I, §1, Sept. 22, 1961, 75 Stat. 612, provided that: "This Act [enacting this chapter, amending section 2253 of former Title 5, Executive Departments and Government Officers and Employees, section 425 of Title 20, Education, sections 912, 1303, 3121, 3122, 3401, and 6051 of Title 26, Internal Revenue Code, and sections 405, 409, and 410 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 912 and 3121 of Title 26] may be cited as the 'Peace Corps Act'."

Designation of Paul D. Coverdell Peace Corps Headquarters

Pub. L. 107–21, §1, July 26, 2001, 115 Stat. 194, provided that:

"(a) In General.—Effective on the date of enactment of this Act [July 26, 2001], the headquarters offices of the Peace Corps, wherever situated, shall be referred to as the 'Paul D. Coverdell Peace Corps Headquarters'.

"(b) References.—Any reference before the date of enactment of this Act [July 26, 2001] in any law, regulation, order, document, record, or other paper of the United States to the headquarters or headquarters offices of the Peace Corps shall, on and after such date, be considered to refer to the Paul D. Coverdell Peace Corps Headquarters."

Executive Order No. 10924

Ex. Ord. No. 10924, Mar. 1, 1961, 26 F.R. 1789, relating to the establishment and administration of the Peace Corps, was superseded by Ex. Ord. No. 11041, Aug. 6, 1962, 27 F.R. 7859, formerly set out below.

Executive Order No. 11041

Ex. Ord. No. 11041, Aug. 7, 1962, 27 F.R. 7859, as amended by Ex. Ord. No. 11250, Oct. 10, 1965, 30 F.R. 13003, which provided for the continuance and administration of the Peace Corps in the Department of State, was superseded by Ex. Ord. No. 11603, June 30, 1971, 36 F.R. 12675, formerly set out below.

Executive Order No. 11603

Ex. Ord. No. 11603, June 30, 1971, 36 F.R. 12675, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for the continuance and administration of the Peace Corps within ACTION, was superseded by Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out below.

Ex. Ord. No. 12137. Administration of Peace Corps as an Agency Within ACTION

Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, as amended by Ex. Ord. No. 12245, Oct. 6, 1980, 45 F.R. 66769; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379; Ex. Ord. No. 13724, §1, Apr. 8, 2016, 81 F.R. 22021, provided:

By virtue of the authority vested in me by the Peace Corps Act, as amended (22 U.S.C. 2501–2523) and Section 301 of Title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows:

1–1. Peace Corps

1–101. The Peace Corps, which was established as an agency in the Department of State pursuant to Executive Order No. 10924 of March 1, 1961 (26 FR 1789) [formerly set out under this section], which was continued in existence in that Department under the Peace Corps Act (the "Act") [this chapter] pursuant to Section 102 of Executive Order No. 11041 of August 6, 1962 (27 FR 7859) [formerly set out under this section], and which was transferred to and continued as a component of ACTION [now Corporation for National and Community Service] by Executive Order No. 11603 of June 30, 1971 (36 FR 12675) [formerly set out under this section], shall be an agency within ACTION pursuant to the provisions of this Order.

1–102. All references to the "Director" in Part 1–1 of this Order shall refer to the Director of the Peace Corps for whom provision is made in Section 4(a) of the Act (22 U.S.C. 2503).

1–103. Exclusive of the functions otherwise delegated by or reserved to the President by this Order, and subject to the provisions of this Order, there are hereby delegated to the Director all functions conferred upon the President by the Act [this chapter] and by Section 2(b) of Reorganization Plan No. 1 of 1971 [5 U.S.C. App.].

1–104. The function of determining the portion of living allowances constituting basic compensation, conferred upon the President by Section 201(a) of Public Law 87–293 (26 U.S.C. 912(3)), is hereby delegated to the Director and shall be performed in consultation with the Secretary of the Treasury.

1–105. The functions of prescribing regulations and making determinations (relating to appointment of Peace Corps employees in the Foreign Service System), conferred upon the President by Section 5 of Public Law 89–135 (79 Stat. 551) [probably means section 5(b) of Pub. L. 89–134, Aug. 24, 1965, 79 Stat. 551, set out as a note under section 2506 of this title], are hereby delegated to the Director.

1–106. The functions of prescribing conditions, conferred upon the President by the second sentence of Section 5(e), as amended (22 U.S.C. 2504(e)), and the third proviso of Section 6 of the Act (22 U.S.C. 2505) (relating to providing health care in Government facilities) and hereinabove delegated to the Director, shall be exercised in consultation with the head of the United States Government agency responsible for the facility.

1–107. The reports required by Section 11 of the Act, as amended ([former] 22 U.S.C. 2510), shall be prepared by the Director and submitted to the Congress through the President.

1–108. Subject to applicable provisions of law, all funds appropriated or otherwise made available to the President for carrying out the provisions of the Act [this chapter] shall be deemed to be allocated without any further action of the President to the Director or to such subordinate officer as the Director may designate. The Director or such officer may allocate or transfer, as appropriate, any of such funds to any United States Government agency or part thereof for obligation or expenditures thereby consistent with applicable law.

1–109. Nothing in this Order shall be deemed to impair or limit the powers or functions vested in the Secretary of State by the Act [this chapter].

1–110. The negotiation, conclusion, and termination of international agreements pursuant to the Act [this chapter] shall be under the direction of the Secretary of State.

1–111. Any substantial change in policies in effect on the date of this Order for the utilization of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], pursuant to Section 7 of the Act (22 U.S.C. 2506), shall be coordinated with the Secretary of State.

1–112. The Director shall consult and coordinate with the Director of ACTION to assure that the functions delegated to the Director by this Order are carried out consistently with the functions conferred upon the Director of ACTION by the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), ("Volunteer Service Act"), Reorganization Plan No. 1 of 1971 [5 U.S.C. App.] and this Order.

1–113. The functions of adopting, altering, and using an official seal or emblem of the Peace Corps as set forth in section 19 of the Peace Corps Act (22 U.S.C. 2518) is hereby delegated to the Director of the Peace Corps.

1–2. The Peace Corps Advisory Council [Revoked by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379]

1–3. Reservation of Functions to the President

1–301. There are hereby excluded from the delegations made by Section 1–1 of this Order the following powers and functions of the President:

(a) All authority conferred by Sections 4(b), 4(c)(2), 4(c)(3), 10(d), and 18 of the Act (22 U.S.C. 2503(b), (c)(2), (c)(3), 2509(d), and 2517).

(b) The authority conferred by Section 4(a) of the Act (22 U.S.C. 2503(a)) to appoint the Director and the Deputy Director of the Peace Corps.

(c) The authority conferred on the President by Section 5(f)(1)(B) of the Act (22 U.S.C. 2504(f)(1)(B)).

(d) The authority conferred by Section 10(f) of the Act (22 U.S.C. 2509(f)) to direct any agency of the United States Government to provide services, facilities, and commodities to officers carrying out functions under the Act [this chapter].

1–4. Incidental Provisions

1–401. Persons appointed, employed, or assigned under Section 7(a) of the Act (22 U.S.C. 2506(a)) shall not, unless otherwise agreed by the agency in which such benefits may be exercised, be entitled to the benefits provided by Section 310 of the Foreign Service Act of 1980 (22 U.S.C. 3950) in cases in which their service under the appointment, employment, or assignment exceeds thirty months.

1–402. Pursuant to Section 10(d) of the Act (22 U.S.C. 2509(d)), it is hereby determined to be in furtherance of the purposes of the Act [this chapter] that functions authorized thereby may be performed without regard to the applicable laws specified in Section 1 and 2 of Executive Order No. 11223 of May 12, 1965 [22 U.S.C. 2393 note], and with or without consideration as specified in Section 3 of that Order, but subject to the limitations set forth in that Order.

1–403. As used in this Order, the words "Volunteers," "functions," "United States," and "United States Government agency" shall have the same meanings, respectively, as they have under the Act [this chapter].

1–5. National Voluntary Action Program

1–501. The National Voluntary Action Program to encourage and stimulate more widespread and effective voluntary action for solving public domestic problems, established in the Executive Branch of the Government by Section 1 of Executive Order No. 11470 of May 26, 1969 [formerly set out as a note under section 2701 of Title 42, the Public Health and Welfare], is continued in ACTION. That program shall supplement corresponding action by private and other non-Federal organizations such as the National Center for Voluntary Action. As used in this Order, the term "voluntary action" means the contribution or application of non-governmental resources of all kinds (time, money, goods, services, and skills) by private and other organizations of all types (profit and nonprofit, national and local, occupational, and altruistic) and by individual citizens.

1–6. Director of ACTION

1–601. In addition to the functions vested in the Director of ACTION by the Domestic Volunteer Service Act of 1973 (42 U.S.C., Section 4951 et seq.), Reorganization Plan No. 1 of 1971 [5 U.S.C. App.], and Section 1–401 of this Order, the Director of ACTION shall:

(a) Encourage local, national and international voluntary activities directed toward the solution or mitigation of community problems.

(b) Provide for the development and operation of a clearinghouse for information on Government programs designed to foster voluntary action.

(c) Initiate proposals for the greater and more effective application of voluntary action in connection with Federal programs, and coordinate, as consistent with law, Federal activities involving such action.

(d) Make grants of seed money, as authorized by law, for stimulating the development or deployment of innovative voluntary action programs directed toward community problems.

1–602. The head of each Federal department and agency, or a designated representative, when so requested by the Director of ACTION or the Director of the Peace Corps, shall, to the extent permitted by law and funds available, furnish information and assistance, and participate in all ways appropriate to carry out the objectives of this Order, the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4951 et seq.] and Reorganization Plan No. 1 of 1971 [5 U.S.C. App.].

1–603. The head of each Federal department or agency shall, when so requested by the Director of ACTION, designate a senior official to have primary and continuing responsibility for the participation and cooperation of that department or agency in matters concerning voluntary action.

1–604. The head of each Federal department or agency, or a designated representative, shall keep the Director of ACTION informed of proposed budgets, plans, and programs of that department or agency affecting voluntary action programs.

1–605. Under the direction of the President and subject to the responsibilities of the Secretary of State, the Director of ACTION shall be responsible for the general direction of those ACTION functions, which jointly serve ACTION domestic volunteer components and the Peace Corps, and for advising the Director of the Peace Corps to ensure that the functions delegated under this Order to the Director of the Peace Corps are carried out.

1–7. General Provisions

1–701. Except to the extent that they may be inconsistent with this Order, all determinations, authorizations, regulations, rulings, certifications, orders, directives, contracts, agreements, and other actions made, issued or entered into with respect to any function affected by this Order and not revoked, superseded, or otherwise made inapplicable before the effective date of this Order shall continue in full force and effect until amended, modified, or terminated by appropriate authority.

1–702. Except as otherwise expressly provided herein, nothing in this Order shall be construed as subjecting any department, establishment, or other instrumentality of the Executive Branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other agency or head or as abrogating, modifying, or restricting any such function in any manner.

1–703. So much of the personnel, property, records, and unexpended balances or appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions assigned to the Director of the Peace Corps or to the Director of ACTION by this Order as the Director of the Office of Management and Budget shall determine, shall be transferred to the Director of the Peace Corps or the Director of ACTION at such time or times as the Director of the Office of Management and Budget shall direct.

1–704. To the extent permitted by law, such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate the provisions of this Order shall be carried out by such agencies as the Director of the Office of Management and Budget shall specify.

1–705. The authority conferred by Sections 1–703 and 1–704 of this Order shall supplement, not limit, the provisions of Section 1–108 of this Order.

1–706. Executive Order Nos. 11041, 11250, 11470 and 11603 are hereby superseded.

1–707. This Order shall become effective May 16, 1979.

Executive Order No. 12468

Ex. Ord. No. 12468, Mar. 22, 1984, 49 F.R. 11139, which established the Presidential Advisory Council on the Peace Corps and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.

§2501–1. Independent agency status of Peace Corps

Effective on December 29, 1981, the Peace Corps shall be an independent agency within the executive branch and shall not be an agency within the ACTION Agency, the successor to the ACTION Agency, or any other department or agency of the United States.

(Pub. L. 87–293, title I, §2A, as added Pub. L. 97–113, title VI, §601(a), Dec. 29, 1981, 95 Stat. 1540; amended Pub. L. 103–82, title IV, §405(e), Sept. 21, 1993, 107 Stat. 921.)

Amendments

1993Pub. L. 103–82 inserted ", the successor to the ACTION Agency,".

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

Transfer of Functions, Personnel, Etc., to Peace Corps

Pub. L. 97–113, title VI, §601(b), (c), Dec. 29, 1981, 95 Stat. 1540, provided that:

"(b) There are transferred to the Director of the Peace Corps all functions relating to the Peace Corps which were vested in the Director of the ACTION Agency [now Corporation for National and Community Service] on the day before the date of the enactment of this Act [Dec. 29, 1981].

"(c)(1) All personnel, assets liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds are are determined by the Director of the Office of Management and Budget, after consultation with the Comptroller General of the United States, the Director of the Peace Corps, and the Director of the ACTION Agency, to be employed, held, used, or assumed primarily in connection with any function relating to the Peace Corps before the date of the enactment of this Act [Dec. 29, 1981] are transferred to the Peace Corps. The transfer of unexpended balances pursuant to the preceding sentence shall be subject to section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31 U.S.C. 1531].

"(2)(A) The transfer pursuant to this subsection of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any employee to be separated or reduced in rank, class, grade, or compensation, or otherwise suffer a loss of employment benefits for one year after—

"(i) the date on which the director of the Office of Management and Budget submits the report required by subsection (f)(l) of this section, or

"(ii) the effective date of the transfer of such employee,

whichever occurs later.

"(B) The personnel transferred pursuant to this subsection shall, to the maximum extent feasible, be assigned to such related functions and organizational units in the Peace Corps as such personnel were assigned to immediately before the date of the enactment of this Act [Dec. 29, 1981].

"(C) Collective-bargaining agreements in effect on the date of the enactment of this Act [Dec. 29, 1981] covering personnel transferred pursuant to this subsection or employed on such date of enactment [Dec. 29, 1981] by the Peace Corps shall continue to be recognized by the Peace Corps until the termination date of such agreements or until such agreements are modified in accordance with applicable procedures.

"(3) Under such regulations as the President may prescribe, each person who, immediately before the date of the enactment of this Act [Dec. 29, 1981], does not hold an appointment under section 7(a)(2) of the Peace Corps Act [22 U.S.C. 2506(a)(2)] and who is determined under paragraph (1) of this subsection to be employed primarily in connection with any function relating to the Peace Corps shall, effective on the date of the enactment of this Act [Dec. 29, 1981], and notwithstanding subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be appointed a member of the Foreign Service under section 7(a)(2) of the Peace Corps Act [22 U.S.C. 2506(a)(2)], and be appointed or assigned to an appropriate class of the Foreign Service, except that—

"(A) any person who, immediately before such date of enactment [Dec. 29, 1981], holds a career or career-conditional appointment shall not, without the consent of such person, be so appointed until three years after such date of enactment [Dec. 29, 1981], during which period any such person not consenting to be so appointed may continue to hold such career or career-conditional appointment; and

"(B) each person so appointed who, immediately before such date of enactment [Dec. 29, 1981], held a career or career-conditional appointment at grade GS–8 or lower of the General Schedule established by section 5332 of title 5, United States Code, shall be appointed a member of the Foreign Service for the duration of operations under the Peace Corps Act [this chapter].

Each person appointed under this paragraph shall receive basic compensation at the rate of such person's class determined by the President to be appropriate, except that the rate of basic compensation received by such person immediately before the effective date of such person's appointment under this paragraph shall not be reduced as a result of the provisions of this paragraph."

References to ACTION Agency or Director of ACTION Agency With Respect to Peace Corps or Director Functions or Activities

Pub. L. 97–113, title VI, §601(g), Dec. 29, 1981, 95 Stat. 1542, provided that: "References in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding to the ACTION Agency [now Corporation for National and Community Service] or the Director of the ACTION Agency with respect to functions or activities relating to the Peace Corps shall be deemed to refer to the Peace Corps or the Director of the Peace Corps, respectively."

§2501a. Voluntary service programs

(a) Congressional declaration of policy of encouragement

The Congress declares that it is the policy of the United States and a further purpose of this chapter (1) to encourage countries and areas to establish programs under which their citizens and nationals would volunteer to serve in order to help meet the needs of less developed countries or areas for trained manpower; (2) to encourage less developed countries or areas to establish programs under which their citizens and nationals would volunteer to serve in order to meet their needs for trained manpower; and (3) to encourage the development of, and participation in, international voluntary service programs and activities.

(b) Limitations on executive activities and use of funds

(1) Activities carried out by the President in furtherance of the purposes of clauses (1) and (2) of subsection (a) shall be limited to—

(A) furnishing technical assistance, materials, tools, supplies, and training appropriate to the support of volunteer programs in such countries or areas; and

(B) conducting demonstration projects in such countries or areas.


None of the funds made available to carry out the purposes of clauses (1) and (2) of subsection (a) may be used to pay the administrative costs of any program or project, other than a demonstration project, or to assist any program or project of a paramilitary or military nature. Funds allocated for activities set forth in this paragraph should be kept to a minimum so that such allocation will not be detrimental to other Peace Corps programs and activities.

(2) Not more than 2 per centum of the amount appropriated to the Peace Corps for a fiscal year may be used in such fiscal year to carry out the provisions of clause (3) of subsection (a) of this section. Such funds may be contributed to educational institutions, private voluntary organizations, international organizations, and foreign governments or agencies thereof, to pay a fair and proportionate share of the costs of encouraging the development of, and participation in, international voluntary programs and activities.

(c) Compromise of national character

Such activities shall not compromise the national character of the Peace Corps.

(Pub. L. 87–293, title III, §301, as added Pub. L. 88–200, §8, Dec. 13, 1963, 77 Stat. 360; amended Pub. L. 91–99, §3, Oct. 29, 1969, 83 Stat. 166; Pub. L. 91–352, §9, July 24, 1970, 84 Stat. 465; Pub. L. 92–352, title IV, §402, July 13, 1972, 86 Stat. 495; Pub. L. 95–331, §§7, 8(a), Aug. 2, 1978, 92 Stat. 415, 416.)

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1978—Subsec. (b)(1). Pub. L. 95–331, §7, substituted provisions limiting activities to furnishing technical assistance, etc., in support of volunteer programs, and conducting demonstration projects and provisions relating to payment of costs of any program or project for provisions limiting activities to furnishing of knowledge and skills relating to the selection, training, and programming of voluntary manpower and provisions relating to use of available funds.

Subsec. (b)(2). Pub. L. 95–331, §8(a), substituted provisions authorizing use of 2 per centum of amount appropriated in a fiscal year for provisions authorizing use of $350,000 in a fiscal year.

1972—Subsec. (b)(2). Pub. L. 92–352 substituted "$350,000" for "$300,000" and "in any fiscal year to carry" for "in fiscal year 1971 to carry".

1970—Subsec. (a)(3). Pub. L. 91–352, §9(a), changed the policy objective from encouragement of participation in any international register which seeks to provide volunteers to serve in less developed countries or areas, training, or other assistance in order to help such countries or areas to meet their needs for trained manpower to encouragement of participation in international voluntary service programs and activities.

Subsec. (b)(2). Pub. L. 91–352, §9(b), substituted fiscal year 1971 for fiscal year 1970 and changed the authorization of the contribution of funds from a fair and proportionate share of the costs of the international registers to a fair and proportionate share of the costs of encouraging the development of and participation in international voluntary programs and activities.

1969—Subsec. (a). Pub. L. 91–99, §3(1), redesignated existing provisions as cls. (1) and (2), and added cl. (3).

Subsec. (b). Pub. L. 91–99, §3(2), redesignated existing provisions as cl. (1), struck out the provision which authorized the use of not more than $300,000 in carrying out the purposes of this section in fiscal year 1964 and inserted references to cls. (1) and (2) of subsec. (a) of this section, and added cl. (2).

Effective Date of 1978 Amendment

Pub. L. 95–331, §8(b), Aug. 2, 1978, 92 Stat. 416, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1978."

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

§2502. Presidential authorization; appropriations and financial readjustments

(a) Terms and conditions of authorization

The President is authorized to carry out programs in furtherance of the purposes of this chapter, on such terms and conditions as he may determine.

(b) Authorization of appropriations

(1) There are authorized to be appropriated to carry out the purposes of this chapter $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.

(c) Appropriations for increases in salary, pay, etc.

In addition to the amount authorized to be appropriated by subsection (b) to carry out the purposes of this chapter, there are authorized to be appropriated for increases in salary, pay, retirement, or other employee benefits authorized by law, for each fiscal year, such sums as may be necessary.

(d) Integration of women into national economics

In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process, the Peace Corps shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economics of developing countries, thus improving their status and assisting the total development effort.

(e), (f) Repealed. Pub. L. 97–113, title VI, §601(e)(1), Dec. 29, 1981, 95 Stat. 1542

(g) Redesignated (d)

(h) Integration of disabled people

In recognition of the fact that there are over 400,000,000 disabled people in the world, 95 percent of whom are among the poorest of the poor, the Peace Corps shall be administered so as to give particular attention to programs, projects, and activities which tend to integrate disabled people into the national economies of developing countries, thus improving their status and assisting the total development effort.

(Pub. L. 87–293, title I, §3, Sept. 22, 1961, 75 Stat. 612; Pub. L. 87–442, Apr. 27, 1962, 76 Stat. 62; Pub. L. 88–200, §1, Dec. 13, 1963, 77 Stat. 359; Pub. L. 88–285, Mar. 17, 1964, 78 Stat. 166; Pub. L. 89–134, §1, Aug. 24, 1965, 79 Stat. 549; Pub. L. 89–572, §1, Sept. 13, 1966, 80 Stat. 764; Pub. L. 90–175, Dec. 5, 1967, 81 Stat. 542; Pub. L. 90–362, June 27, 1968, 82 Stat. 250; Pub. L. 91–99, §1, Oct. 29, 1969, 83 Stat. 166; Pub. L. 91–352, §1, July 24, 1970, 84 Stat. 464; Pub. L. 92–135, Oct. 8, 1971, 85 Stat. 376; Pub. L. 92–352, title IV, §401, July 13, 1972, 86 Stat. 495; Pub. L. 93–49, §1, June 25, 1973, 87 Stat. 99; Pub. L. 93–302, §§1, 2, June 1, 1974, 88 Stat. 191; Pub. L. 94–130, §§1–3, Nov. 14, 1975, 89 Stat. 684; Pub. L. 94–281, §§1, 2, May 7, 1976, 90 Stat. 458; Pub. L. 95–102, §§1, 2, Aug. 15, 1977, 91 Stat. 841; Pub. L. 95–331, §3, Aug. 2, 1978, 92 Stat. 414; Pub. L. 96–53, title III, §301, Aug. 14, 1979, 93 Stat. 370; Pub. L. 96–533, title VI, §601(a), (b), Dec. 16, 1980, 94 Stat. 3155; Pub. L. 97–113, title VI, §§601(e)(1), 602, 603, Dec. 29, 1981, 95 Stat. 1542; Pub. L. 99–83, title XI, §1101, Aug. 8, 1985, 99 Stat. 272; Pub. L. 99–399, title XIII, §1301, Aug. 27, 1986, 100 Stat. 897; Pub. L. 102–565, §1, Oct. 28, 1992, 106 Stat. 4265; Pub. L. 106–30, §1, May 21, 1999, 113 Stat. 55.)

References in Text

This chapter, referred to in subsecs. (a) to (c), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1999—Subsec. (b). Pub. L. 106–30 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated to carry out the purposes of this chapter $218,146,000 for fiscal year 1993, which are authorized to remain available until September 30, 1994."

1992—Subsec. (b). Pub. L. 102–565 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated to carry out the purposes of this chapter $130,000,000 for the fiscal year 1986 and $137,200,000 for the fiscal year 1987."

1986—Subsec. (b). Pub. L. 99–399 in amending subsec. (b) generally, substituted provision authorizing appropriations of $130,000,000 for fiscal year 1986 and $137,200,000 for fiscal year 1987 for provision authorizing appropriations of $130,000,000 for fiscal years 1986 and 1987, providing that unobligated balances continue to be made available for the general purposes for which appropriated, and prohibiting the use of funds to carry out this chapter for the Volunteers to America Program or any similar program involving the service or training of foreign nationals in the United States.

1985—Subsec. (b). Pub. L. 99–83 substituted provisions authorizing appropriations of $130,000,000 for fiscal years 1986 and 1987 for provisions authorizing appropriations of not to exceed $105,000,000 for fiscal years 1982 and 1983, and struck out provisos limiting use of funds in fiscal year 1967, and limiting contracts and agreements for research.

1981—Subsec. (b). Pub. L. 97–113, §602(a), substituted "the fiscal year 1982 not to exceed $105,000,000 and for the fiscal year 1983 not to exceed $105,000,000" for "fiscal year 1981 not to exceed $118,000,000".

Subsec. (c). Pub. L. 97–113, §602(b), substituted "each fiscal year" for "fiscal year 1981".

Subsec. (d). Pub. L. 97–113, §601(e)(1), redesignated subsec. (g) as (d) and struck out former subsec. (d) which provided for rectification of imbalance in readjustment allowance for the period Mar. 1, 1961, to Feb. 28, 1973.

Subsec. (e). Pub. L. 97–113, §601(e)(1), struck out subsec. (e) which related to waiver of claims resulting from erroneous payments to volunteers who terminated their volunteer service between Mar. 1, 1961, and Feb. 28, 1973.

Subsec. (f). Pub. L. 97–113, §601(e)(1), struck out subsec. (f) which related to relief from liability for improper payment of readjustment allowances made to volunteers between Mar. 1, 1961, and Feb. 28, 1973.

Subsec. (g). Pub. L. 97–113, §601(e)(1), redesignated subsec. (g) as (d).

Subsec. (h). Pub. L. 97–113, §603, added subsec. (h).

1980—Subsec. (b). Pub. L. 96–533, §601(a), substituted appropriations authorization of $118,000,000 for fiscal year 1981 for such authorization of $105,404,000 for fiscal year 1980.

Subsec. (c). Pub. L. 96–533, §601(b), substituted "1981" for "1980".

1979—Subsec. (b). Pub. L. 96–53, §301(1), substituted provisions authorizing to be appropriated for fiscal year 1980 not to exceed $105,404,000, for provisions authorizing to be appropriated for fiscal year 1978 not to exceed $86,544,000, and for fiscal year 1979 not to exceed $112,424,000, and setting forth availability of funds for the United Nations contributions by the Corps.

Subsec. (c). Pub. L. 96–53, §301(2), substituted "1980" for "1978, $1,069,000, and for fiscal year 1979".

1978—Subsec. (b). Pub. L. 95–331, §3(1), substituted provisions authorizing to be appropriated for fiscal year 1978 not to exceed $86,544,000 and for fiscal year 1979 not to exceed $112,424,000 and limitation with respect to volunteer program, for provisions authorizing to be appropriated for fiscal year 1978 not to exceed $82,900,000.

Subsec. (c). Pub. L. 95–331, §3(2), inserted provisions increasing 1978 appropriation from $1,000,000 to $1,069,000, and provisions authorizing to be appropriated such sums as necessary for fiscal year 1979.

Subsec. (g). Pub. L. 95–331, §3(3), added subsec. (g).

1977—Subsec. (b). Pub. L. 95–102, §1, substituted provisions authorizing appropriations for fiscal year 1978 not to exceed $82,900,000 for provisions authorizing appropriations for fiscal year 1976 not to exceed $88,468,000, for the period July 1, 1976, through Sept. 30, 1976, not to exceed $27,887,800, for fiscal year 1977 not to exceed $81,000,000.

Subsec. (c). Pub. L. 95–102, §2, substituted provisions authorizing additional appropriations for fiscal year 1978 of $1,000,000 for increases in salary, pay, etc., for provisions authorizing additional appropriations for fiscal year 1976 and the period July 1, 1976, through Sept. 30, 1976, not in excess of $1,000,000, and for fiscal year 1977 such sums as may be necessary for increases in salary, pay, etc.

1976—Subsec. (b). Pub. L. 94–281, §1, authorized appropriation of not to exceed $81,000,000 for fiscal year 1977.

Subsec. (c). Pub. L. 94–281, §2, inserted provisions relating to fiscal year 1977 and authorization of such sums as may be necessary for such year.

1975—Subsec. (b). Pub. L. 94–130, §1, authorized appropriation of $88,468,000 for fiscal year 1976, and $27,887,800 for period July 1, 1976, through Sept. 30, 1976, and struck out appropriation authorization of $82,256,000 for fiscal year 1975.

Subsec. (c). Pub. L. 94–130, §2, authorized appropriation of $1,000,000 for fiscal year 1976, for increase in employee benefits, in addition to amounts authorized for fiscal year 1976, and for period July 1, 1976, through Sept. 30, 1976, and deleted prior appropriation authorization of $1,000,000 for fiscal year 1975, for increase in employee benefits, in addition to amounts authorized for fiscal year 1975.

Subsec. (d). Pub. L. 94–130, §3, substituted "shall transfer", "no later than December 31, 1975, not to exceed $315,000 from any sums available to carry out the purposes of this chapter in fiscal year 1976" for "is authorized to transfer" and "from any sums appropriated to carry out the purposes of this chapter in fiscal year 1975 not to exceed $315,000".

1974—Subsec. (b). Pub. L. 93–302, §1, substituted "There are authorized to be appropriated for fiscal year 1975 not to exceed $82,256,000 to carry out the purposes of this chapter" for "There are authorized to be appropriated to the President for the fiscal year 1974 not to exceed $77,001,000 to carry out the purposes of this chapter".

Subsecs. (c) to (f). Pub. L. 93–302, §2, added subsecs. (c) to (f).

1973—Subsec. (b). Pub. L. 93–49 substituted "1974" for "1973" and "$77,001,000" for "$88,027,000".

1972—Subsec. (b). Pub. L. 92–352 substituted "1973" for "1972" and "$88,027,000" for "$77,200,000".

1971—Subsec. (b). Pub. L. 92–135 substituted "1972" for "1971" and "$77,200,000" for "$98,800,000".

1970—Subsec. (b). Pub. L. 91–352 substituted "1971" for "1970" and "$98,800,000" for "$98,450,000".

1969—Subsec. (b). Pub. L. 91–99 substituted "1970" for "1969" and "$98,450,000" for "$112,800,000", and inserted provision prohibiting funds authorized to carry out the purposes of this chapter to be used to carry out the Volunteers to America Program conducted under the Mutual Educational and Cultural Exchange Act of 1961, or any similar program.

1968—Subsec. (b). Pub. L. 90–362 substituted "1969" for "1968" and "$112,800,000" for "$115,700,000".

1967—Subsec. (b). Pub. L. 90–175 substituted "1968" for "1967" and "$115,700,000" for "$110,000,000".

1966—Subsec. (b). Pub. L. 89–572 authorized an appropriation of $110,000,000 for the fiscal year 1967 and provided for obligation of limited amount of funds under contracts or agreements to carry out research relating to the basic responsibilities of the Peace Corps and for continuing availability of unobligated balances of funds.

1965—Subsec. (b). Pub. L. 89–134 substituted "1966" for "1965" and inserted $500,000 limit on funds available for research.

1964—Subsec. (b). Pub. L. 88–285 authorized an appropriation of $115,000,000 for fiscal year 1965.

1963—Subsec. (b). Pub. L. 88–200 substituted "1964" and "$102,000,000" for "1963" and "$63,750,000", respectively.

1962—Subsec. (b). Pub. L. 87–442 authorized an appropriation of $63,750,000 for the fiscal year 1963.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.

Effective Date of 1977 Amendment

Pub. L. 95–102, §3, Aug. 15, 1977, 91 Stat. 841, provided that: "The amendments made by this Act [amending this section] shall take effect on October 1, 1977."

Delegation of Functions; Allocation of Funds

Functions of President under this section delegated to and funds available to President under this chapter allocated to Director of Peace Corps by sections 1–103 and 1–108 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Applicability of Pub. L. 97–113 to Actions Prior to December 29, 1981

Pub. L. 97–113, title VI, §601(e)(2), Dec. 29, 1981, 95 Stat. 1542, provided that: "The amendment made by paragraph (1) of this subsection [redesignating former subsec. (g) as (d) and striking out subsecs. (d) to (f) of this section] shall not alter or affect (A) the validity of any action taken before the date of the enactment of this Act [Dec. 29, 1981] under those provisions of law repealed by that amendment, or (B) the liability of any person for any payment described in section 3(f) of the Peace Corps Act [former subsec. (f) of this section] as in effect immediately before the date of the enactment of this Act."

Payment of Readjustment Allowances From Amount Appropriated for Fiscal Year 1977; Limitation on Amount Available

Pub. L. 94–281, §3, May 7, 1976, 90 Stat. 458, provided that: "Of the amount appropriated for fiscal year 1977 to carry out the purposes of the Peace Corps Act [see Short Title note set out under section 2501 of this title], $10,100,000 shall be available only for payment of the readjustment allowances authorized by sections 5(c) and 6(1) of such Act [sections 2504(c) and 2505(1) of this title]."

§2503. Director and Deputy Director; delegation of functions

(a) Appointment

The President may appoint, by and with the advice and consent of the Senate, a Director of the Peace Corps and a Deputy Director of the Peace Corps.

(b) Exercise of functions by Director

The President may exercise any functions vested in him by this chapter through the Director of the Peace Corps. The Director of the Peace Corps may promulgate such rules and regulations as he may deem necessary or appropriate to carry out such functions, and may delegate to any of his subordinates authority to perform any of such functions.

(c) Powers and functions of Secretary of State; coordination of activities; responsibility for supervision and direction of programs

(1) Nothing contained in this chapter shall be construed to infringe upon the powers or functions of the Secretary of State.

(2) The President shall prescribe appropriate procedures to assure coordination of Peace Corps activities with other activities of the United States Government in each country, under the leadership of the chief of the United States diplomatic mission.

(3) Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of the programs authorized by this chapter, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

(4) The Director of the Peace Corps may prescribe such regulations as may be necessary to assure that no individual performing service for the Peace Corps under any authority contained in this chapter shall engage in any activity determined by the Director to be detrimental to the best interests of the United States.

(d) Prohibition on performance of services more usefully performed by other agencies

Except with the approval of the Secretary of State, the Peace Corps shall not be assigned to perform services which could more usefully be performed by other available agencies of the United States Government in the country concerned.

(Pub. L. 87–293, title I, §4, Sept. 22, 1961, 75 Stat. 612; Pub. L. 88–426, title III, §305(27), Aug. 14, 1964, 78 Stat. 426; Pub. L. 91–352, §2, July 24, 1970, 84 Stat. 464; Pub. L. 97–113, title VI, §601(d)(1), Dec. 29, 1981, 95 Stat. 1541.)

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1981—Subsec. (b). Pub. L. 97–113 substituted provision authorizing the President to exercise functions vested in him under this chapter through the Director of the Peace Corps and the Director of the Peace Corps to promulgate rules and regulations as deemed appropriate for provision authorizing the President to exercise functions vested in him under this chapter through such agency or officer of the United States Government as he directs and the head of such agency or such officer to promulgate rules and regulations as deemed appropriate.

1970—Subsec. (c). Pub. L. 91–352 added par. (4).

1964—Subsec. (a). Pub. L. 88–426 repealed provisions which prescribed the compensation of the Director and Deputy Director. See sections 5314 and 5315 of Title 5, Government Organization and Employees.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see Pub. L. 88–426, title V, §501(a), Aug. 14, 1964, 78 Stat. 435.

Transfer of Functions

Transfer to President of the United States of functions conferred upon Director of Peace Corps by subsec. (c)(4) of this section, see section 2(b) of Reorg. Plan No. 1 of 1971, eff. July 1, 1971, 36 F.R. 11181, 85 Stat. 819, set out in the Appendix to Title 5, Government Organization and Employees.

Delegation of Functions

Functions of President under subsecs. (c)(1), (4), (d) delegated to Director of Peace Corps by sections 1–103 and 1–301(a), (b) of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Conforming Safety and Security Agreement Regarding Peace Corps Volunteers Serving in Foreign Countries

Pub. L. 112–57, §7, Nov. 21, 2011, 125 Stat. 744, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Nov. 21, 2011], the Director of the Peace Corps shall consult with the Assistant Secretary of State for Diplomatic Security and enter into a memorandum of understanding that specifies the duties and obligations of the Peace Corps and the Bureau of Diplomatic Security of the Department of State with respect to the protection of Peace Corps volunteers and staff members serving in foreign countries, including with respect to investigations of safety and security incidents and crimes committed against volunteers and staff members.

"(b) Inspector General Review.—

"(1) Review.—The Inspector General of the Peace Corps shall review the memorandum of understanding described in subsection (a) and be afforded the opportunity to recommend changes that advance the safety and security of Peace Corps volunteers before entry into force of the memorandum of understanding.

"(2) Report.—The Director of the Peace Corps shall consider the recommendations of the Inspector General of the Peace Corps regarding the memorandum of understanding described in subsection (a). If the Director enters into the memorandum of understanding without implementing a recommendation of the Inspector General, the Director shall submit to the Inspector General a written explanation relating thereto.

"(c) Failure to Meet Deadline.—

"(1) Requirement to submit report.—If, by the date that is 180 days after the date of the enactment of this Act, the Director of the Peace Corps is unable to obtain agreement with the Assistant Secretary of State for Diplomatic Security and certification by the Inspector General of the Peace Corps, the Director shall submit to the committees of Congress specified in paragraph (2) a report explaining the reasons for such failure and a certification that substantial steps are being taken to make progress toward agreement.

"(2) Committees of congress specified.—The committees of Congress specified in this paragraph are the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives."

Continuing Functions of Director of Peace Corps From December 14, 1981

Pub. L. 97–113, title VI, §601(d)(2), Dec. 29, 1981, 95 Stat. 1542, provided: "The Director of the Peace Corps shall continue to exercise all the functions under the Peace Corps Act [this chapter] or any other law or authority which the Director was performing on December 14, 1981."

§2504. Peace Corps volunteers

(a) Persons eligible; terms and conditions of service; Federal employee status; racial, sex, religious, or color discrimination

The President may enroll in the Peace Corps for service abroad qualified citizens and nationals of the United States (referred to in this chapter as "volunteers"). The terms and conditions of the enrollment, training (including training under section 2507a of this title), compensation, hours of work, benefits, leave, termination, and all other terms and conditions of the service of volunteers shall be exclusively those set forth in this chapter and those consistent therewith which the President may prescribe; and, except as provided in this chapter, volunteers shall not be deemed officers or employees or otherwise in the service or employment of, or holding office under, the United States for any purpose. In carrying out this subsection, there shall be no discrimination against any person on account of race, sex, creed, or color.

(b) Living allowances, travel, leave and related items; transfers of supplies and equipment

Volunteers shall be provided with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the President may determine to be necessary for their maintenance and to insure their health and their capacity to serve effectively. Supplies or equipment provided volunteers to insure their capacity to serve effectively may be transferred to the government or to other entities of the country or area with which they have been serving, when no longer necessary for such purpose, and when such transfers would further the purposes of this chapter. Transportation and travel allowances may also be provided, in such circumstances as the President may determine, for applicants for enrollment to or from places of training and places of enrollment, and for former volunteers from places of termination to their homes in the United States.

(c) Readjustment allowances

Volunteers shall be entitled to receive a readjustment allowance at a rate not less than $125 for each month of satisfactory service as determined by the President. The readjustment allowance of each volunteer shall be payable on his return to the United States: Provided, however, That, under such circumstances as the President may determine, the accrued readjustment allowance, or any part thereof, may be paid to the volunteer, members of his family or others, during the period of his service, or prior to his return to the United States. In the event of the volunteer's death during the period of his service, the amount of any unpaid readjustment allowance shall be paid in accordance with the provisions of section 5582(b) of title 5. For purposes of the Internal Revenue Code of 1986, a volunteer shall be deemed to be paid and to receive each amount of a readjustment allowance to which he is entitled after December 31, 1964, when such amount is transferred from funds made available under this chapter to the fund from which such readjustment allowance is payable.

(d) Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 661

(e) Health care

Volunteers shall receive such health care (including, if necessary, for volunteers and trainees, services under section 2507b of this title) during their service, applicants for enrollment shall receive such health examinations preparatory to their service, applicants for enrollment who have accepted an invitation to begin a period of training under section 2507(a) of this title shall receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (f), and former volunteers shall receive such health examinations within six months after termination of their service, including services provided in accordance with section 2507b of this title (except that the six-month limitation shall not apply in the case of such services), as the President may deem necessary or appropriate. Subject to such conditions as the President may prescribe, such health care may be provided in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this chapter. Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

(f) Prescription of medications

The Director of the Peace Corps shall consult with health experts outside the Peace Corps, including experts licensed in the field of mental health, and follow guidance by the Centers for Disease Control and Prevention regarding the prescription of medications to a volunteer.

(g) Retirement and other credits based upon length of service

(1) Any period of satisfactory service of a volunteer under this chapter 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) for the purposes of section 816(a) of the Foreign Service Act of 1980 [22 U.S.C. 4056(a)] and every other Act establishing a retirement system for civilian employees of any United States Government agency; and

(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 Office of Personnel Management, the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], 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.


(2) For the purposes of paragraph (1)(A) of this subsection, volunteers and volunteer leaders shall be deemed to be receiving compensation during their service at the respective rates of readjustment allowances payable under subsection (c) and section 2505(1) of this title.

(h) Assignment to other entities

The President may detail or assign volunteers or otherwise make them available to any entity referred to in paragraph (1) of section 2509(a) of this title on such terms and conditions as he may determine: Provided, That not to exceed two hundred volunteers may be assigned to carry out secretarial or clerical duties on the staffs of the Peace Corps representatives abroad: Provided, however, That any volunteer so detailed or assigned shall continue to be entitled to the allowances, benefits and privileges of volunteers authorized under or pursuant to this chapter.

(i) Tort claims; absentee voting; general average contributions for transportation of baggage; check cashing and currency exchange; claims for overpayment of pay; passport fees

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, section 3342 of title 31, section 5732 and section 5584 of title 5 (and readjustment allowances paid under this chapter shall be considered as pay for purposes of such section), and section 214 of this title.

(j) Termination of service

The service of a volunteer may be terminated at any time at the pleasure of the President.

(k) Oath of office

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 3331 of title 5.

(l) Counseling programs for returned volunteers

In order to assure that the skills and experience which former volunteers have derived from their training and their service abroad are best utilized in the national interest, the President may, in cooperation with agencies of the United States, private employers, educational institutions and other entities of the United States, undertake programs under which volunteers would be counseled with respect to opportunities for further education and employment.

(m) Legal expenses of defendant in judicial or administrative proceedings

Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incident to the defense of volunteers may be paid in foreign judicial or administrative proceedings to which volunteers have been made parties and counsel may be employed and counsel fees, court costs and other expenses may be paid in the support of volunteers who are parties, complaining witnesses, or otherwise participating in the prosecution of crimes committed against such volunteers.

(n) Allowances and expenses of minor children

The minor children of a volunteer living with the volunteer may receive—

(1) such living, travel, education, and leave allowances, such housing, transportation, subsistence, and essential special items of clothing as the President may determine;

(2) such health care, including health care following the volunteer's service for illness or injury incurred during such service, and health and accident insurance, as the President may determine and upon such terms as he may determine, including health care in any facility referred to in subsection (e) of this section, subject to such conditions as the President may prescribe and subject to reimbursement of appropriations as provided in such subsection (e);

(3) such orientation, language, and other training necessary to accomplish the purposes of this chapter as the President may determine; and

(4) the benefits of subsection (l) 1 of this section on the same basis as volunteers.

(o) Moving expenses

The costs of packing and unpacking, transporting to and from a place of storage, and storing the furniture and household and personal effects of a volunteer who has one or more minor children at the time of his entering a period of pre-enrollment training may be paid from the date of his departure from his place of residence to enter training until no later than three months after termination of his service.

(p) Independent review of volunteer death

(1) Not later than 10 days after receiving notification of the death of a volunteer, the President shall provide a briefing to the Inspector General of the Peace Corps that includes—

(A)(i) the available facts and circumstances surrounding the death of the volunteer, including a preliminary timeline of the events immediately preceding the death of the volunteer, subsequent actions taken by the Peace Corps, and any information available to the Peace Corps reflecting on the cause or root cause of the death of the volunteer; and

(ii) a description of any steps the Peace Corps plans to take to inquire further into the cause or root cause of the death of the volunteer, including the anticipated date of the completion of such inquiry; or

(B) an explanation of why the Peace Corps has determined that no further inquiry into the cause or root cause of the death of the volunteer is necessary, including—

(i) a description of the steps the Peace Corps took to determine further inquiry was not necessary; and

(ii) the basis for such determination.


(2) If the Peace Corps has performed or engaged another entity to perform a root cause analysis or similar report that describes the cause or root cause of a volunteer death, the President shall provide the Inspector General of the Peace Corps with—

(A) a copy of all information provided to such entity at the time such information is provided to such entity or used by the Peace Corps to perform the analysis;

(B) a copy of any report or study received from the entity or used by the Peace Corps to perform the analysis; and

(C) any supporting documentation upon which the Peace Corps or such entity relied to make its determination, including the volunteer's complete medical record, as soon as such information is available to the Peace Corps.


(3) If a volunteer dies, the Peace Corps shall take reasonable measures, in accordance with local laws, to preserve any information or material, in any medium or format, that may be relevant to determining the cause or root cause of the death of the volunteer, including personal effects, medication, and other tangible items belonging to the volunteer, as long as such measures do not interfere with the legal procedures of the host country if the government of the host country is exercising jurisdiction over the investigation of such death. The Inspector General of the Peace Corps shall be provided an opportunity to inspect such items before their final disposition.

(4) Consistent with the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General of the Peace Corps may independently review the facts and circumstances surrounding the death of a volunteer and the actions taken by the Peace Corps in responding to such incident.

(5) For the purposes of undertaking a review under this section, an officer or employee of the United States or a member of the Armed Forces may be detailed to the Inspector General of the Peace Corps from another department of the United States Government on a nonreimbursable basis, as jointly agreed to by the Inspector General and the detailing department, for a period not to exceed 1 year. This paragraph may not be construed to limit or modify any other source of authority for reimbursable or nonreimbursable details. A nonreimbursable detail made under this section may not be considered an augmentation of the appropriations of the Peace Corps.

(6) Upon request, the Peace Corps may make available necessary funds to the Inspector General of the Peace Corps for reviews conducted by the Inspector General under this section. The request shall be limited to costs relating to hiring, procuring, or otherwise obtaining medical-related experts or expert services, and associated travel.

(7) The undertaking of a review under this section may not be considered a transfer of program operating responsibilities to the Inspector General of the Peace Corps.

(Pub. L. 87–293, title I, §5, Sept. 22, 1961, 75 Stat. 613; Pub. L. 88–200, §2, Dec. 13, 1963, 77 Stat. 359; Pub. L. 89–134, §2, Aug. 24, 1965, 79 Stat. 549; Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 661, 662; Pub. L. 89–572, §2(a), Sept. 13, 1966, 80 Stat. 765; Pub. L. 91–99, §2, Oct. 29, 1969, 83 Stat. 166; Pub. L. 91–352, §3, July 24, 1970, 84 Stat. 464; Pub. L. 94–130, §§4, 6, Nov. 14, 1975, 89 Stat. 684; Pub. L. 95–331, §4, Aug. 2, 1978, 92 Stat. 414; Pub. L. 96–465, title II, §2202(a), Oct. 17, 1980, 94 Stat. 2157; Pub. L. 97–113, title VI, §§604(b), 606, Dec. 29, 1981, 95 Stat. 1543; Pub. L. 99–83, title XI, §1105(b), Aug. 8, 1985, 99 Stat. 276; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105–12, §9(j), Apr. 30, 1997, 111 Stat. 27; Pub. L. 106–30, §2(b)(1)–(3), May 21, 1999, 113 Stat. 55; Pub. L. 112–57, §§3, 8(a)(1), (b), Nov. 21, 2011, 125 Stat. 744, 745; Pub. L. 115–256, title I, §101(a)(1), title III, §301, Oct. 9, 2018, 132 Stat. 3651, 3655.)

References in Text

This chapter, referred to in subsecs. (a), (e) to (i), and (n), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.

The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (e), is Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (§14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of Title 42 and Tables.

The Foreign Service Act of 1980, referred to in subsec. (g)(1), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

The Federal Tort Claims Act, referred to in subsec. (i), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.

Subsection (l) of this section, referred to in subsec. (n)(4), was redesignated as subsec. (m) by Pub. L. 115–256, title I, §101(a)(1)(B), Oct. 9, 2018, 132 Stat. 3651.

The Inspector General Act of 1978, referred to in subsec. (p)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

2018—Subsec. (e). Pub. L. 115–256, §101(a)(1)(A), substituted "receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (f)" for "receive such immunization and dental care preparatory to their service".

Subsecs. (f), (g). Pub. L. 115–256, §101(a)(1)(B), (C), added subsec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 115–256, §101(a)(1)(B), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 115–256, §101(a)(1)(D), which directed substitution of "section), and" for "section, and" could not be executed because "section, and" did not appear in text.

Pub. L. 115–256, §101(a)(1)(B), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsecs. (j) to (o). Pub. L. 115–256, §101(a)(1)(B), redesignated subsecs. (i) to (n) as (j) to (o), respectively.

Subsec. (p). Pub. L. 115–256, §301, added subsec. (p).

2011—Subsec. (a). Pub. L. 112–57, §8(a)(1), inserted "(including training under section 2507a of this title)" after "training".

Subsec. (e). Pub. L. 112–57, §8(b), in first sentence, inserted "(including, if necessary, for volunteers and trainees, services under section 2507b of this title)" after "health care" and "including services provided in accordance with section 2507b of this title (except that the six-month limitation shall not apply in the case of such services)," before "as the President".

Subsec. (l). Pub. L. 112–57, §3, inserted "and counsel may be employed and counsel fees, court costs and other expenses may be paid in the support of volunteers who are parties, complaining witnesses, or otherwise participating in the prosecution of crimes committed against such volunteers" before period at end.

1999—Subsec. (f)(1)(B). Pub. L. 106–30, §2(b)(1), substituted "Office of Personnel Management" for "Civil Service Commission".

Subsec. (h). Pub. L. 106–30, §2(b)(2), substituted "section 3342 of title 31, section 5732 and" for "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),".

Subsec. (j). Pub. L. 106–30, §2(b)(3), substituted "section 3331 of title 5." for "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."

1997—Subsec. (e). Pub. L. 105–12 inserted at end "Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997."

1986—Subsec. (c). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".

1985—Subsec. (a). Pub. L. 99–83 in amending last sentence generally, struck out provisions prohibiting political tests.

1981—Subsec. (c). Pub. L. 97–113, §606, substituted "not less than $125" for "not to exceed $125".

Subsec. (h). Pub. L. 97–113, §604(b), struck out provision making section 2702 of this title, relating to malpractice protection, applicable to volunteers and vesting the President with the authority reposed in the Secretary of State in section 2702(f) of this title, and deeming a Peace Corps representative to be a principal representative of the United States for purposes of section 2702(g) of this title. See section 2509(i) and (j) of this title.

1980—Subsec. (f)(1)(A). Pub. L. 96–465, §2202(a)(1)(A), substituted "section 816(a) of the Foreign Service Act of 1980" for "section 852(a)(1) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1092(a)(1)),".

Subsec. (f)(1)(B). Pub. L. 96–465, §2202(a)(1)(B), substituted "Foreign Service Act of 1980" for "Foreign Service Act of 1946".

Subsec. (h). Pub. L. 96–465, §2202(a)(2), substituted "section 2702 of this title" for "section 817 of this title" and "President" for "Director of ACTION".

1978—Subsec. (c). Pub. L. 95–331, §4(1), struck out provisions relating to allowances for volunteers with minor children at the time of their entering a period of pre-enrollment training.

Subsec. (h). Pub. L. 95–331, §4(2), inserted provisions relating to applicability of malpractice protection.

1975—Subsec. (a). Pub. L. 94–130, §4, prohibited discrimination against any person on account of sex.

Subsec. (c). Pub. L. 94–130, §6, substituted $125 for $75 in initial clause of first sentence.

1970—Subsec. (c). Pub. L. 91–352, §3(a), inserted exception that in case of volunteers having one or more children at time of entering a period of pre-enrollment training, one parent would be entitled to receive a readjustment allowance not exceeding $125 for each month of satisfactory service as determined by the President, and substituted "section 5582(b) of title 5" for "section 61f of title 5".

Subsecs. (m), (n). Pub. L. 91–352, §3(b), added subsecs. (m) and (n).

1969—Subsec. (h). Pub. L. 91–99 inserted provision that for purposes of section 5584 of title 5 (and readjustment allowances made thereto) volunteers are to be deemed employees of the United States Government.

1966—Subsec. (d). Repealed by Pub. L. 89–554, and now covered by section 8142 of Title 5, Government Organization and Employees.

Subsec. (f). Repealed, as applicable to the Civil Service Retirement Act, as amended, by Pub. L. 89–554, and now covered by section 8332(b) of Title 5.

Subsec. (h). Repealed, as applicable to act June 4, 1954, chapter 264, section 5 (5 U.S.C. 73b-5), by Pub. L. 89–554, and now covered by section 5732 of Title 5.

Subsec. (l). Pub. L. 89–572 added subsec. (l).

1965—Subsec. (c). Pub. L. 89–134, §2(a), provided that, for purposes of the Internal Revenue Code of 1954, a volunteer is deemed to be paid and to receive readjustment allowance to which he is entitled after December 31, 1964, when the amount is transferred from funds made available under this chapter to the fund from which the readjustment allowance is paid.

Subsec. (e). Pub. L. 89–134, §2(b), extended health care provisions to include health examinations for applicants for enrollment preparatory to their service, immunization and dental care for applicants who have accepted an invitation to begin a period of training under section 2507(a) of this title, and health examinations to former volunteers within six months after termination of their service.

Subsec. (g). Pub. L. 89–134, §2(c), authorized an increase from 100 to 200 in the number of volunteer secretaries and clerical workers permitted to serve on the staffs of Peace Corps representatives abroad.

Subsec. (h). Pub. L. 89–134, §2(d), extended check cashing and currency exchange transaction privileges of government employees to Peace Corps volunteers.

1963—Subsec. (b). Pub. L. 88–200, §2(a), inserted provision for transfer of supplies and equipment.

Subsec. (c). Pub. L. 88–200, §2(b), substituted "a readjustment allowance" for "termination payments" in first sentence, the second sentence reading "The readjustment allowance of each volunteer shall be payable on his return to the United States: Provided, however, That, under such circumstances as the President may determine, the accrued readjustment allowance, or any part thereof, may be paid to the volunteer, members of his family or others, during the period of his service, or prior to his return to the United States" for "The termination payment of each volunteer shall be payable at the termination of his service, or may be paid during the course of his service to the volunteer, to members of his family or to others, under such circumstances as the President may determine" and "readjustment allowance" for "termination payment" in third sentence.

Subsec. (f)(2). Pub. L. 88–200, §2(c), substituted "readjustment allowances" for "termination payments."

Subsec. (g). Pub. L. 88–200, §2(d), provided for assignment of volunteers to duties on staffs of Peace Corps representatives abroad.

Subsec. (h). Pub. L. 88–200, §2(e), provided that volunteers shall be deemed employees of the U.S. Government for the purposes of absentee voting assistance and payment of general average contributions for transportation of baggage.

Subsec. (k). Pub. L. 88–200, §2(f), added subsec. (k).

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–12 effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as an Effective Date note under section 14401 of Title 42, The Public Health and Welfare.

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

Delegation of Functions

Functions of President under this section, except those under subsec. (f)(1)(B), delegated to Director of Peace Corps, with function of prescribing conditions in subsec. (e) to be exercised in consultation with head of agency responsible for facility, by sections 1–103, 1–106, and 1–301(c) of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Implementation of Recommendations by the Inspector General of the Peace Corps

Pub. L. 115–256, title I, §101(b), Oct. 9, 2018, 132 Stat. 3652, provided that:

"(1) Inspector general report.—As promptly as practicable, the Director [of the Peace Corps] shall implement the actions outlined in the agency response for all open recommendations of the Inspector General of the Peace Corps set forth in the report entitled 'Final Program Evaluation Report: OIG Follow-up Evaluation of Issues Identified in the 2010 Peace Corps/Morocco Assessment of Medical Care' (Report No. IG–16–01–E).

"(2) Semiannual reports.—

"(A) Initial report.—Not later than 180 days after the date of the enactment of this Act [Oct. 9, 2018], the Director shall submit a report to the appropriate congressional committees that describes the Director's strategy for implementing the recommendations referred to in paragraph (1).

"(B) Subsequent reports.—Not later than 180 days after the submission of the report required under subparagraph (A), and semiannually thereafter, the Director shall submit a report to the appropriate congressional committees that describes the progress in implementing the recommendations referred to in paragraph (1) until all such recommendations have been implemented in accordance with the agency's response to the report referred to in such paragraph.

"(3) Notification.—After the submission of each report required under paragraph (2), the Inspector General of the Peace Corps may notify the appropriate congressional committees of any recommendations from the report referred to in paragraph (1) that the Inspector General determines remain unresolved."

[For definition of "appropriate congressional committees" as used in section 101(b) of Pub. L. 115–256, set out above, see section 2 of Pub. L. 115–256, set out as a note below.]

Evaluation of Health-Care Services Provided to Peace Corps Volunteers

Pub. L. 102–565, §3, Oct. 28, 1992, 106 Stat. 4266, provided that:

"(a) In General.—The Director of the Peace Corps shall contract with an eligible organization or organizations to conduct before January 1, 1997, a total of three evaluations of the health-care needs of the Peace Corps volunteers and the adequacy of the system through which the Peace Corps provides health-care services in meeting those needs.

"(b) Requirements of the Evaluations.—Each evaluation shall include an assessment of the adequacy of the Peace Corps health-care system—

"(1) to provide diagnostic, treatment, and referral services to meet the health-care needs of Peace Corps volunteers, and

"(2) to conduct health examinations of applicants for enrollment as Peace Corps volunteers and to provide immunization and dental care preparatory to service of applicants for enrollment who have accepted an invitation to begin a period of training for service as a Peace Corps volunteer.

"(c) Reports to the Peace Corps.—An organization making an evaluation under this section shall submit to the Director of the Peace Corps a report containing its findings and recommendations not later than May 31, 1993, December 31, 1994, and December 31, 1996, as the case may be. Each report shall include recommendations regarding appropriate standards and procedures for ensuring the furnishing of quality medical care and for measuring the quality of care provided to Peace Corps volunteers.

"(d) Report to Congress.—Not later than 90 days after receipt of a report required by subsection (c), the Director of the Peace Corps shall transmit the report, together with the Director's comments, to the appropriate congressional committees.

"(e) Definitions.—For purposes of this section—

"(1) the term 'appropriate congressional committees' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

"(2) the term 'eligible organization' means an independent health-care accreditation organization or other independent organization with expertise in evaluating health-care systems similar to that of the Peace Corps."

Legal Expenses Incurred Prior to Sept. 13, 1966

Pub. L. 89–572, §2(b), Sept. 13, 1966, 80 Stat. 765, provided that: "The authority contained in subsection (a) [adding subsec. (l) to this section] shall extend to counsels fees, costs, and other expenses of the types specified therein that were incurred prior to the date of enactment of this Act [Sept. 13, 1966]."

Definitions

Pub. L. 115–256, §2, Oct. 9, 2018, 132 Stat. 3650, provided that: "In this Act [see Short Title of 2018 Amendment note set out as a note under section 2501 of this title]:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Foreign Relations of the Senate;

"(B) the Committee on Appropriations of the Senate;

"(C) the Committee on Foreign Affairs of the House of Representatives; and

"(D) the Committee on Appropriations of the House of Representatives.

"(2) Director.—The term 'Director' means the Director of the Peace Corps.

"(3) Peace corps volunteer.—The term 'Peace Corps volunteer' means an individual described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a))."

Ex. Ord. No. 11103. Appointment of Former Volunteers to Civilian Career Services

Ex. Ord. No. 11103, Apr. 10, 1963, 28 F.R. 3571, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) [see, generally, section 1101 et seq. of Title 5, Government Organization and Employers], and section 1753 of the Revised Statutes [section 3301 of Title 5], and as President of the United States, it is hereby ordered as follows:

Section 1. Under such regulations as the Office of Personnel Management may prescribe, the head of any agency in the Executive Branch may appoint in the competitive service any person who is certified by the Director of the Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps Act [see Short Title note set out under section 2501 of this title] and who passes such examination as the Office of Personnel Management may prescribe. Any person so appointed shall, upon completion of the prescribed probationary period, acquire a competitive status.

Sec. 2. The head of any agency in the Executive Branch having an established merit system in the excepted service may appoint in such service any person who is certified by the Director of the Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps Act [see Short Title note set out under section 2501 of this title] and who passes such examination as such agency head may prescribe.

Sec. 3. Certificates of satisfactory service for the purposes of this order shall be issued only to persons who have completed a full term of service (approximately two years) under the Peace Corps Act [see Short Title note set out under section 2501 of this title]: Provided, That such certificates may be issued to persons who have completed a lesser period of satisfactory service if, in the judgment of the Director of the Peace Corps, (1) their service was of sufficient duration to demonstrate their capability to complete satisfactorily a full term, and (2) their failure to complete a full term was due to circumstances beyond their control.

Sec. 4. Any appointment under this order shall be effected within a period of one year after completion of the appointee's service under the Peace Corps Act [see Short Title note set out under section 2501 of this title]: Provided, That such period may be extended to not more than three years in the case of persons who, following such service, are engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities which, in the view of the appointing authority, warrant an extension of such period.

Sec. 5. Any law, Executive Order, or regulation which would disqualify an applicant for appointment in the competitive service or in the excepted service concerned shall also disqualify an applicant for appointment under this order.

1 See References in Text note below.

§2504a. Health care for volunteers at Peace Corps posts

(a) In general

The President shall ensure that each overseas post has the services of a medical office that is consistent in size and scope with the needs of the Peace Corps at such post, including, if necessary, by detailing to any such post the licensed medical staff of other United States departments, agencies, or establishments.

(b) Hiring criteria

In selecting medical officers and support staff for overseas Peace Corps posts, the Director of the Peace Corps shall hire well-qualified and capable personnel to support the effectiveness of health care for Peace Corps volunteers by evaluating each candidate's—

(1) medical training, experience, and accreditations or other qualifications;

(2) record of performance;

(3) administrative capabilities;

(4) understanding of the local language and culture;

(5) ability to work in the English language;

(6) interpersonal skills; and

(7) such other factors that the Director determines appropriate.

(c) Certain training

The Director of the Peace Corps shall ensure that each Peace Corps medical officer serving in a malaria-endemic country receives training in the recognition of the side effects of such medications.

(d) Review and evaluation

(1) In general

The Director of the Peace Corps, acting through the Associate Director of the Office of Health Services and the country directors, shall review and evaluate the performance and health care delivery of all Peace Corps medical staff, including medical officers, to—

(A) ensure compliance with all relevant Peace Corps policies, practices, and guidelines; and

(B) ensure that medical staff complete the necessary continuing medical education to maintain their skills and satisfy licensing and credentialing standards, as designated by the Director.

(2) Report to Congress

The Director of the Peace Corps shall include, in the annual Peace Corps congressional budget justification, a confirmation that the review and evaluation of all Peace Corps medical staff required under paragraph (1) has been completed.

(e) Antimalarial drugs

The Director of the Peace Corps shall consult with experts at the Centers for Disease Control and Prevention regarding recommendations for prescribing malaria prophylaxis, in order to provide the best standard of care within the context of the Peace Corps environment.

(Pub. L. 87–293, title I, §5A, as added Pub. L. 115–256, title I, §101(a)(2), Oct. 9, 2018, 132 Stat. 3651.)

§2505. Peace Corps volunteer leaders; number; applicability of chapter; benefits

The President may enroll in the Peace Corps qualified citizens or nationals of the United States whose services are required for supervisory or other special duties or responsibilities in connection with programs under this chapter (referred to in this chapter as "volunteer leaders"). The ratio of the total number of volunteer leaders to the total number of volunteers in service at any one time shall not exceed one to twenty-five. Except as otherwise provided in this chapter, all of the provisions of this chapter applicable to volunteers shall be applicable to volunteer leaders, and the term "volunteers" shall include "volunteer leaders": Provided, however, That—

(1) volunteer leaders shall be entitled to receive a readjustment allowance at a rate not less than $125 for each month of satisfactory service as determined by the President;

(2) spouses and minor children of volunteer leaders may receive such living, travel, and leave allowances, and such housing, transportation, subsistence, and essential special items of clothing, as the President may determine, but the authority contained in this paragraph shall be exercised only under exceptional circumstances;

(3) spouses and minor children of volunteer leaders accompanying them may receive such health care as the President may determine and upon such terms as he may determine, including health care in any facility referred to in section 2504(e) of this title, subject to such conditions as the President may prescribe and subject to reimbursement of appropriations as provided in section 2504(e) of this title; and

(4) spouses and minor children of volunteer leaders accompanying them may receive such orientation, language, and other training necessary to accomplish the purposes of this chapter as the President may determine.

(Pub. L. 87–293, title I, §6, Sept. 22, 1961, 75 Stat. 615; Pub. L. 88–200, §3, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89–134, §3, Aug. 24, 1965, 79 Stat. 549; Pub. L. 91–352, §4, July 24, 1970, 84 Stat. 465; Pub. L. 97–387, §1(a), Dec. 23, 1982, 96 Stat. 1947.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1982—Par. (1). Pub. L. 97–387 substituted "not less than $125" for "not to exceed $125".

1970Pub. L. 91–352 struck out provisions extending health care under cl. (3) to a married volunteer's child if born during the volunteer's service.

1965Pub. L. 89–134 extended the health care provisions of cl. (3) to a married volunteer's child if born during the volunteer's service.

1963Pub. L. 88–200 substituted "a readjustment allowance" for "termination payments" in cl. (1).

Effective Date of 1982 Amendment

Pub. L. 97–387, §1(b), Dec. 23, 1982, 96 Stat. 1947, provided that: "This amendment [amending this section] shall be effective as of December 29, 1981."

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps with functions relating to providing health care in government facilities under clause (3) to be exercised in consultation with head of agency responsible for facility by sections 1–103 and 1–106 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Appointment to Civilian Career Services

Appointment of former volunteer leaders to civilian career services, see Ex. Ord. No. 11103, Apr. 10, 1963, 28 F.R. 3571, set out as a note under section 2504 of this title.

§2506. Peace Corps employees

(a) Foreign employment; compensation, allowances, and benefits; utilization of Presidential authority respecting Foreign Service; additional compensation and differentials; additional governmental employment by person receiving Foreign Service Reserve or staff appointment or assignment; limitation on length of employment

(1) For the purpose of performing functions under this chapter outside the United States, the President may employ or assign persons, or authorize the employment or assignment of officers or employees of agencies of the United States Government which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates established under section 402 or 403 of the Foreign Service Act of 1980 [22 U.S.C. 3962, 3963], together with allowances and benefits thereunder; and persons so employed or assigned shall be entitled, except to the extent that the President may specify otherwise in cases in which the period of the employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of that Act [22 U.S.C. 3950] for persons appointed to the Foreign Service.

(2) The President may utilize such authority contained in the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.] relating to members of the Foreign Service and other United States Government officers and employees as the President deems necessary to carry out functions under this chapter, except that—

(A) no Foreign Service appointment or assignment under this paragraph shall be for a period of more than seven and one-half years, subject to paragraph (5) and except as provided in paragraph (6); and

(B) no individual whose Foreign Service appointment or assignment under this paragraph has been terminated shall be reappointed or reassigned under this paragraph before the expiration of a period of time equal to the preceding tour of duty of that individual.


Subparagraphs (A) and (B) do not apply with respect to foreign national employees. Such provisions of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.] (other than the provisions of section 309 [22 U.S.C. 3949]) as the President deems appropriate shall apply to individuals appointed or assigned under this paragraph, including in all cases, the provisions of section 310 of that Act [22 U.S.C. 3950], except that (i) the President may by regulation make exceptions to the application of section 310 [22 U.S.C. 3950] in cases in which the period of the appointment or assignment exceeds thirty months, (ii) members of the Foreign Service appointed or assigned pursuant to this paragraph shall receive within-class salary increases in accordance with such regulations as the President may prescribe, and (iii) under such regulations as the President may prescribe, individuals who are to perform duties of a more routine nature than are generally performed by members of the Foreign Service assigned to class 9 in the Foreign Service Schedule may be appointed to an unenumerated class ranking below class 9 in the Foreign Service Schedule and be paid basic compensation at rates lower than those for class 9, except that such rates may be no less than the then applicable minimum wage rate specified in section 206(a)(1) of title 29.

(3) The President may specify what additional allowance authorized by section 5941 of title 5 and which of the allowances and differentials authorized by sections 5923 through 5925 of such title 5, may be granted to any person employed, appointed, or assigned under this subsection, or contracted with for personal services under section 2509(a)(5) of this title, and may determine the rates thereof not to exceed the rates otherwise granted to employees under the sections of title 5 referred to in this paragraph.

(4) An individual who has received an appointment or assignment in the Foreign Service under this subsection may, not later than September 30, 1982, or three years after separation from such appointment or assignment, whichever is later, be appointed to a position in any United States department, agency, or establishment—

(A) in the competitive service under title 5 without competitive examination and in accordance with such regulations and conditions consistent with this subsection as may be prescribed by the Director of the Office of Personnel Management, or

(B) in an established merit system in the excepted service,


if such individual (i) served satisfactorily under the authority of this subsection, as certified by the President, for not less than thirty-six months on a continuous basis without a break in service of more than three days, and (ii) is qualified for the position in question.

(5) Except as provided in paragraph (6), the Director of the Peace Corps may make appointments or assignments of United States citizens under paragraph (2) for periods of more than five years only in the case of individuals whose performance as employees of the Peace Corps has been exceptional and only in order to achieve one or more of the following purposes:

(A) To permit individuals who have served at least two and one-half years of such an appointment or assignment abroad to serve in the United States thereafter.

(B) To permit individuals who have served at least two and one-half years of such an appointment or assignment in the United States to serve abroad thereafter.

(C) To permit individuals who have served at least two and one-half years of such an appointment or assignment in a recruitment, selection, or training activity to be reassigned to an activity other than the one in which they have most recently so served.

(D) To promote the continuity of functions in administering the Peace Corps.


At no time may the number of appointments or assignments of United States citizens in effect under paragraph (2) for periods in excess of five years exceed fifteen percent of the total of all appointments and assignments of United States citizens then in effect under paragraph (2).

(6) Notwithstanding the limitation set forth in paragraph (2)(A) on the length of an appointment or assignment under paragraph (2) and notwithstanding the limitations set forth in paragraph (5) on the circumstances under which such an appointment or assignment may exceed five years, the Director of the Peace Corps, under special circumstances, may personally approve an extension of an appointment or assignment under paragraph (2) for not more than one year on an individual basis.

(7) The limitations specified in subparagraphs (A) and (B) of paragraph (2) and in paragraph (5) shall not apply to—

(A) the Inspector General of the Peace Corps; and

(B) officers and employees of the Office of the Inspector General of the Peace Corps.


(8)(A) The Director of the Peace Corps may designate Peace Corps positions as critical management or management support positions that require specialized technical or professional skills and knowledge of Peace Corps operations. Such positions may include positions in the following fields:

(i) Volunteer health services.

(ii) Financial management.

(iii) Information technology.

(iv) Procurement.

(v) Personnel.

(vi) Legal services.

(vii) Safety and security.


(B) Subject to subparagraphs (C) and (D), with respect to positions designated pursuant to subparagraph (A), the Director may make or extend renewable appointments or assignments under paragraph (2) notwithstanding limitations under subparagraphs (A) and (B) of paragraph (2) and paragraph (5).

(C) In exercising authority under subparagraph (B), the Director shall ensure that all decisions regarding the appointment, assignment, or extension of employees to any position designated pursuant to subparagraph (A)—

(i) are consistent with Federal law and Peace Corps policy; and

(ii) are based upon operational and programmatic factors.


(D) The term of any appointment or assignment to any position designated pursuant to subparagraph (A) may not exceed 5 years.

(b) Repealed. Pub. L. 96–465, title II, §2205(9), Oct. 17, 1980, 94 Stat. 2160

(c) Peace Corps representatives; terms and conditions of service; removal

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 chapter 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.

(Pub. L. 87–293, title I, §7, Sept. 22, 1961, 75 Stat. 615; Pub. L. 87–793, §1001(l), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88–200, §4, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89–134, §4, Aug. 24, 1965, 79 Stat. 549; Pub. L. 91–352, §5, July 24, 1970, 84 Stat. 465; Pub. L. 96–53, title III, §302, Aug. 14, 1979, 93 Stat. 371; Pub. L. 96–465, title II, §§2202(b), 2205(9), Oct. 17, 1980, 94 Stat. 2157, 2160; Pub. L. 98–473, title I, §101(1) [title V, §541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title XI, §1103(a), Aug. 8, 1985, 99 Stat. 272; Pub. L. 112–57, §§5(1), 6, Nov. 21, 2011, 125 Stat. 744; Pub. L. 115–256, title I, §104, Oct. 9, 2018, 132 Stat. 3653.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The Foreign Service Act of 1980, referred to in subsec. (a)(1), (2), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

Codification

Amendment by Pub. L. 98–473 is based on section 703 of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives May 10, 1984, which was enacted into permanent law by Pub. L. 98–473.

Amendments

2018—Subsec. (a)(8). Pub. L. 115–256 added par. (8).

2011—Subsec. (a)(3). Pub. L. 112–57, §5(1), inserted ", or contracted with for personal services under section 2509(a)(5) of this title," after "employed, appointed, or assigned under this subsection".

Subsec. (a)(7). Pub. L. 112–57, §6, added par. (7).

1985—Subsec. (a)(2)(A). Pub. L. 99–83, §1103(a)(1), substituted "seven and one-half" for "five", substituted ", subject to paragraph (5) and except as provided in paragraph (6)" for "unless the Director of the Peace Corps, under special circumstances, personally approves an extension of not more than one year on an individual basis", and inserted reference to section 309 of the Foreign Service Act of 1980.

Subsec. (a)(5), (6). Pub. L. 99–83, §1103(a)(2), added pars. (5) and (6).

1984—Subsec. (a)(2). Pub. L. 98–473 inserted provision that subparagraphs (A) and (B) do not apply with respect to foreign national employees.

1980—Subsec. (a)(1). Pub. L. 96–465, §2202(b)(1)(A), substituted "which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates established under section 402 or 403 of the Foreign Service Act of 1980" for ", who shall receive compensation at any of the rates provided for persons appointed to the Foreign Service Reserve and Staff under the Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)" and "section 310" for "section 528" and struck out reference to the applicability of section 1005 of the Foreign Service Act of 1946.

Subsec. (a)(2). Pub. L. 96–465, §2202(b)(1)(B), among other changes, substituted references to the Foreign Service Act of 1980 for references to the Foreign Service Act of 1946 and references to class 9 for class 10, and inserted provision relating to section 206(a)(1) of title 29.

Subsec. (a)(4). Pub. L. 96–465, §2202(b)(2), among other changes, struck out provisions relating to the time Congress enacts Foreign Service personnel reform legislation, inserted reference to September 30, 1982, and substituted "such individual" for "such person" and "continuous basis without a break in service of more than three days" for "substantially continuous basis".

Subsec. (b). Pub. L. 96–465, §2205(9), struck out subsec. (b) which related to criteria for performance of foreign employment, separation, and severance benefits. See sections 3922 and 4007 to 4009 of this title.

1979—Subsec. (a)(4). Pub. L. 96–53 added par. (4).

1970—Subsec. (a)(3). Pub. L. 91–352 substantially reenacted provisions and substituted references to section 5941 of title 5, and sections 5923 through 5925 of such title 5, for references to section 118h of title 5 and title II of the Overseas Differentials and Allowances Act.

1965—Subsec. (a). Pub. L. 89–134, §4(a), (b), redesignated subsec. (c) as (a), incorporated into par. (1) material formerly set out as introductory material, spelled out the authority of the President to utilize his authority to appoint and assign persons under the Foreign Service Act of 1946 by making specific reference to his authority as it related to Foreign Service Reserve Officers, Foreign Service Staff officers and employees, alien clerks and employees and other Government officers and employees apart from the Foreign Service, limited to five-year duration all Foreign Service Reserve or Staff appointments and assignments unless the Director of the Peace Corps personally approved one-years extensions on an individual basis, prohibited reappointment or reassignment under this par. before expiration of a period of time equal to the length of the appointee's preceding tour of duty, inserted proviso in par. (2) allowing appointment of an unenumerated class of Foreign Service staff officers and employees ranking below class 10 to be paid basic compensation at rates lower than those of class 10 to perform duties of a more routine nature than are usually performed by Foreign Service staff officers and employees of class 10, and, in par. (3), inserted reference to section 118h of title 5 and substituted reference to subsec. (a) for reference to subsec. (c). Former subsec. (a), relating to domestic employment, was repealed.

Subsec. (b). Pub. L. 89–134, §4(c), redesignated subsec. (d) as (b), inserted "for the purpose of performing functions under this chapter outside the United States" after "or assigned", and substituted reference to subsec. (a)(2) for reference to subsec. (c)(2). Former subsec. (b), relating to compensation for domestic employment, was repealed.

Subsec. (c). Pub. L. 89–134, §4(d), redesignated subsec. (e) as (c) and substituted reference to subsec. (a) of this section for reference to subsec. (c) of this section. Former subsec. (c) redesignated (a).

Subsecs. (d), (e). Pub. L. 89–134, §4(c), (d), redesignated subsecs. (d) and (e) as (b) and (c), respectively.

1963—Subsec. (b). Pub. L. 88–200 struck out "so" before "employed".

1962—Subsec. (b). Pub. L. 87–793 substituted "but not in excess of the highest grade 18 of such general schedule" for "and of these not to exceed two may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year".

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.

Effective Date of 1965 Amendment

Pub. L. 89–134, §5(a), Aug. 24, 1965, 79 Stat. 551, provided that: "Section 4 of this Act [amending this section] shall not become effective until the first day of the fourth pay period which begins after the date this Act becomes law. [Aug. 24, 1965]."

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–793 effective on first day of first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87–793.

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Coordination of Changes in Policy With Secretary of State

Any substantial changes in policies in effect on May 16, 1979, for the utilization of the Foreign Service Act of 1980 (§3901 et seq. of this title) pursuant to this section are to be coordinated with the Secretary of State, see section 1–111 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out as a note under section 2501 of this title.

Peace Corps Appointments or Assignments

Pub. L. 108–199, div. D, title II, Jan. 23, 2004, 118 Stat. 156, provided in part: "That during fiscal year 2004 and any subsequent fiscal year, the Director of the Peace Corps may make appointments or assignments, or extend current appointments or assignments, to permit United States citizens to serve for periods in excess of 5 years in the case of individuals whose appointment or assignment, such as regional safety security officers and employees within the Office of the Inspector General, involves the safety of Peace Corps volunteers: Provided further, That the Director of the Peace Corps may make such appointments or assignments notwithstanding the provisions of section 7 of the Peace Corps Act [this section] limiting the length of an appointment or assignment, the circumstances under which such an appointment or assignment may exceed 5 years, and the percentage of appointments or assignments that can be made in excess of 5 years."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 108–7, div. E, title II, Feb. 20, 2003, 117 Stat. 171.

Reports to Congress

Pub. L. 99–83, title XI, §1103(b), Aug. 8, 1985, 99 Stat. 273, which required the Director of the Peace Corps to submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives reports on the exercise of certain appointment authority granted under section 1103(a) of Pub. L. 99–83 (amending subsec. (a) of this section), terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 189 of House Document No. 103–7.

Benefits for Persons Appointed or Assigned Under Subsec. (a)

Persons appointed, employed, or assigned under subsec. (a) of this section are not, unless otherwise agreed by the agency in which such benefits may be exercised, entitled to the benefits provided by section 928 of this title in cases in which their service under the appointment, employment, or assignment exceeds thirty months, see section 1–401 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out as a note under section 2501 of this title.

Transfer of Washington Headquarters Personnel from Civil Service to Foreign Service Appointments

Pub. L. 89–134, §5(b), Aug. 24, 1965, 79 Stat. 551, provided that: "Under such regulations as the President may prescribe, each person employed under authorities repealed by section 4(a) of this Act [which repealed former subsecs. (a) and (b) of this section providing for employment of Washington headquarters personnel in accordance with standard civil service laws] immediately prior to the effective date of that section [see Effective Date of 1965 Amendment note above] shall effective on that date be appointed a Foreign Service Reserve officer or Foreign Service staff officer or employee under the authority of section 7(a)(2) of the Peace Corps Act [subsec. (a)(2) of this section], as amended, and appointed or assigned to an appropriate class thereof; except that—

"(1) no person who holds a career or career-conditional appointment immediately prior to the effective date of section 4(a) of this Act [see effective date of 1965 Amendment note above] shall, without his consent, be so appointed until three years after such effective date; and

"(2) each person so appointed who, immediately prior to the effective date of section 4(a) of this Act [see effective date of 1965 Amendment note above], held a career or career-conditional appointment at grade 8 or below of the General Schedule established by the Classification Act of 1949, as amended [see §5101 et seq. of Title 5, Government Organization and Employees], shall receive an appointment for the duration of operations under the Peace Corps Act, as amended [see Short Title note set out under section 2501 of this title].

Each person appointed under this subsection shall receive basic compensation at the rate of his class determined by the President to be appropriate, but the rate of basic compensation received by such person immediately prior to the effective date of his appointment under this subsection shall not be reduced by the provisions of this subsection."

[Functions of the President conferred by section 5(b) of Pub. L. 89–134, set out above, to prescribe regulations and make determinations (relating to appointment of Peace Corps Employees in the Foreign Service System) were delegated to the Director of the Peace Corps, by section 1–105 of Ex. Ord. No. 12137, May 16, 1976, 44 F.R. 29023, set out as a note under section 2501 of this title. Such functions were previously transferred from the President to the Director of ACTION [now Corporation for National and Community Service] by section 102(c) of Ex. Ord. No. 11603, June 30, 1971, 36 F.R. 12675, set out as a note under section 2501 of this title, which was superseded by section 1–707 of Ex. Ord. No. 12137.]

§2507. Training program

(a) Applicants for enrollment and enrolled volunteers

The President shall make provision for such training, including training under section 2507a of this title, as the President deems appropriate for each applicant for enrollment as a volunteer and each enrolled volunteer. All of the provisions of this chapter applicable respectively to volunteers and volunteer leaders shall be applicable to applicants for enrollment as such during any period of training occurring prior to enrollment, and the respective terms "volunteers" and "volunteer leaders" shall include such applicants during any such period of training. As part of the training provided to all volunteers under subsection (a), and in coordination with the Inspector General of the Peace Corps, the President shall provide all volunteers with information regarding the mandate of the Inspector General and the availability (including contact information) of the Inspector General and the Office of Victim Advocacy as a resource for volunteers. The President shall ensure that volunteers receive such information at least once during training that occurs prior to enrollment and at least once during each significant instance of training after enrollment.

(b) Citizen trainees for voluntary programs; foreign nationals as trainees; advances of funds or reimbursement basis; use of credits

The President may also make provision, on the basis of advances of funds or reimbursement to the United States, for training for citizens of the United States, other than those referred to in subsection (a) of this section, who have been selected for service abroad in programs not carried out under authority of this chapter which are similar to those authorized by this chapter. The provisions of section 2508 of this title shall apply, on a similar advance of funds or a reimbursement basis, with respect to persons while within the United States for training under authority of this subsection. Advances or reimbursements received under this subsection may be credited to the current applicable appropriation, fund, or account and shall be available for the purposes for which such appropriation, fund, or account is authorized to be used.

(c) Training records

The President shall implement procedures to maintain a record verifying each individual completing training provided to meet each requirement in this section and sections 2507a, 2507b, 2507f, and 2507g(b) of this title.

(Pub. L. 87–293, title I, §8, Sept. 22, 1961, 75 Stat. 616; Pub. L. 102–511, title IX, §904, Oct. 24, 1992, 106 Stat. 3356; Pub. L. 112–57, §8(a)(2), Nov. 21, 2011, 125 Stat. 745; Pub. L. 115–256, title II, §201, Oct. 9, 2018, 132 Stat. 3654.)

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–256, §201(1) substituted "the President deems" for "he deems" and inserted at end: "As part of the training provided to all volunteers under subsection (a), and in coordination with the Inspector General of the Peace Corps, the President shall provide all volunteers with information regarding the mandate of the Inspector General and the availability (including contact information) of the Inspector General and the Office of Victim Advocacy as a resource for volunteers. The President shall ensure that volunteers receive such information at least once during training that occurs prior to enrollment and at least once during each significant instance of training after enrollment."

Subsec. (c). Pub. L. 115–256, §201(2), added subsec. (c).

2011—Subsec. (a). Pub. L. 112–57 inserted ", including training under section 2507a of this title," after "for such training".

1992—Subsec. (c). Pub. L. 102–511 struck out subsec. (c) which read as follows: "Training hereinabove provided for shall include instruction in the philosophy, strategy, tactics, and menace of communism."

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

§2507a. Sexual assault risk-reduction and response training

(a) In general

As part of the training provided to all volunteers under section 2507(a) of this title, the President shall develop and implement comprehensive sexual assault risk-reduction and response training that, to the extent practicable, conforms to best practices in the sexual assault field.

(b) Development and consultation with experts

In developing the sexual assault risk-reduction and response training under subsection (a), the President shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault field.

(c) Subsequent training

Once a volunteer has arrived in his or her country of service, the President shall provide the volunteer with training tailored to the country of service that includes cultural training relating to gender relations, risk-reduction strategies, treatment available in such country (including sexual assault forensic exams, post-exposure prophylaxis (PEP) for HIV exposure, screening for sexually transmitted diseases, and pregnancy testing), MedEvac procedures, and information regarding a victim's right to pursue legal action against a perpetrator.

(d) Information regarding crimes and risks

(1) In general

Each applicant for enrollment as a volunteer shall be provided, with respect to each country in which the applicant may be invited to serve, with specific, aggregated, and easily accessible information regarding crimes against and risks to volunteers, including—

(A) an overview of past crimes against volunteers in such country, including statistics regarding unreported crime collected through anonymous surveys;

(B) the current early termination rate of volunteers serving in such country;

(C) health risks prevalent in such country;

(D) the nature and frequency of sexual harassment reported by volunteers serving in such country;

(E) the extent and types of services provided by the Peace Corps to volunteers serving in such country, including access to medical care, counseling services, and assistance from the Office of Victim Advocacy; and

(F) the level of satisfaction reported by volunteers serving in such country.

(2) Option to timely decline

Upon receiving information 1 described in paragraph (1), the applicant shall have the option to change the country of consideration and identify a substitute country.

(e) Contact information

The President shall provide each applicant, before the applicant enrolls as a volunteer, with—

(1) the contact information of the Inspector General of the Peace Corps for purposes of reporting sexual assault mismanagement or any other mismanagement, misconduct, wrongdoing, or violations of law or policy whenever it involves a Peace Corps employee, volunteer, contractor, or outside party that receives funds from the Peace Corps;

(2) clear, written guidelines regarding whom to contact, including the direct telephone number for the designated Sexual Assault Response Liaison (SARL) and the Office of Victim Advocacy and what steps to take in the event of a sexual assault or other crime; and

(3) contact information for a 24-hour sexual assault hotline to be established for the purpose of providing volunteers a mechanism to anonymously—

(A) report sexual assault;

(B) receive crisis counseling in the event of a sexual assault; and

(C) seek information about Peace Corps sexual assault reporting and response procedures.

(f) Definitions

In this section and sections 2507b through 2507g of this title:

(1) Personally identifying information

The term "personally identifying information" means individually identifying information for or about a volunteer who is a victim of sexual assault, including information likely to disclose the location of such victim, including the following:

(A) A first and last name.

(B) A home or other physical address.

(C) Contact information (including a postal, email, or Internet protocol address, or telephone or facsimile number).

(D) A social security number.

(E) Any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in combination with information described in subparagraphs (A) through (D), would serve to identify the victim.

(2) Restricted reporting

(A) In general

The term "restricted reporting" means a system of reporting that allows a volunteer who is sexually assaulted to confidentially disclose the details of his or her assault to specified individuals and receive the services outlined in section 2507b(c) of this title without the dissemination of his or her personally identifying information except as necessary for the provision of such services, and without automatically triggering an official investigative process.

(B) Exceptions

In cases in which volunteers elect restricted reporting, disclosure of their personally identifying information is authorized to the following persons or organizations when disclosure would be for the following reasons:

(i) Peace Corps staff or law enforcement when authorized by the victim in writing.

(ii) Peace Corps staff or law enforcement to prevent or lessen a serious or imminent threat to the health or safety of the victim or another person.

(iii) SARLs, Victim's Advocates, or healthcare providers when required for the provision of victim services.

(iv) State and Federal courts when ordered, or if disclosure is required by Federal or State statute.

(C) Notice of disclosure and privacy protection

In cases in which information is disclosed pursuant to subparagraph (B), the President shall—

(i) make reasonable attempts to provide notice to the volunteer with respect to whom such information is being released; and

(ii) take such action as is necessary to protect the privacy and safety of the volunteer.

(3) Sexual assault

The term "sexual assault" means any conduct prescribed by chapter 109A of title 18, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States, and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim.

(4) Stalking

The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

(A) fear for his or her safety or the safety of others; or

(B) suffer substantial emotional distress.

(Pub. L. 87–293, title I, §8A, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 736; amended Pub. L. 115–256, title III, §302, Oct. 9, 2018, 132 Stat. 3656.)

Amendments

2018—Subsec. (d). Pub. L. 115–256, §302(1), amended subsec. (d) generally. Prior to amendment, text read as follows: "Each applicant for enrollment as a volunteer shall be provided with information regarding crimes against and risks to volunteers in the country in which the applicant has been invited to serve, including an overview of past crimes against volunteers in the country."

Subsec. (f)(2)(B)(iii). Pub. L. 115–256, §302(2), substituted "Victim's Advocates," for "victim advocates".

Offset of Costs and Personnel

Pub. L. 112–57, §9, Nov. 21, 2011, 125 Stat. 745, provided that: "Notwithstanding any other provision of law, the Direct [probably should be "Director"] of the Peace Corps shall—

"(1) eliminate such initiatives, positions, and programs within the Peace Corps (other than within the Office of Inspector General) as the Director deems necessary to ensure any and all costs incurred to carry out the provisions of this Act [see Short Title of 2011 Amendment note set out under section 2501 of this title], and the amendments made by this Act, are entirely offset;

"(2) ensure no net increase in personnel are added to carry out the provisions of this Act, with any new full or part time employees or equivalents offset by eliminating an equivalent number of existing staff (other than within the Office of Inspector General);

"(3) report to Congress not later than 60 days after the date of the enactment of this Act [Nov. 21, 2011] the actions taken to ensure compliance with paragraphs (1) and (2), including the specific initiatives, positions, and programs within the Peace Corps that have been eliminated to ensure that the costs of carrying out this Act will be offset; and

"(4) not implement any other provision of this Act (other than paragraphs (1), (2), and (3)) or any amendment made by this Act until the Director has certified that the actions specified in paragraphs (1), (2), and (3) have been completed."

1 So in original. Probably should be preceded by "the".

§2507b. Sexual assault policy

(a) In general

The President shall develop and implement a comprehensive sexual assault policy that—

(1) includes a system for restricted and unrestricted reporting of sexual assault;

(2) mandates, for each Peace Corps country program, the designation of a Sexual Assault Response Liaison (SARL), who shall receive comprehensive training on procedures to respond to reports of sexual assault, with duties including ensuring that volunteers who are victims of sexual assault are moved to a safe environment and accompanying victims through the in-country response at the request of the victim;

(3) requires any employee of the Peace Corps to immediately contact a Victim's Advocate upon receiving a report of sexual assault in accordance with the restricted and unrestricted reporting guidelines promulgated by the Peace Corps and require the Peace Corps to designate the staff at each post who shall be responsible for providing the services described in subsection (c);

(4) to the extent practicable, conforms to best practices in the sexual assault field;

(5) is applicable to all posts at which volunteers serve;

(6) includes a guarantee that volunteers will not suffer loss of living allowances for reporting a sexual assault; and

(7) maintains a record documenting the resignation of any employee or volunteer of the Peace Corps who resigns before a determination has been made regarding an alleged violation of the sexual misconduct policy or other serious policy violations;

(8) takes into account the record maintained under paragraph (7) before such employee or volunteer is hired, enrolled, or otherwise invited to work with the Peace Corps;

(9) provides orientation or information regarding the awareness and prevention of sexual assault and sexual harassment to—

(A) Peace Corps-selected host families; and

(B) a designated person of authority at the volunteer's initial workplace; and


(10) ensures, to the extent practicable and appropriate, that any assault on, or any harm or injury to, a volunteer that is committed by any member of a host family or any national of a host country that was assigned by the Peace Corps to facilitate volunteer work is—

(A) documented in an appropriate site history file and in the global tracking and recording system established pursuant to section 2507h(c) of this title; and

(B) taken into account with respect to determinations regarding placements of future volunteers at such post and the provision of any funds or other benefit by the Peace Corps.

(b) Development and consultation with experts

In developing the sexual assault policy under subsection (a), the President shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault field, including experts with international experience.

(c) Elements

The sexual assault policy developed under subsection (a) shall include, at a minimum, the following services with respect to a volunteer who has been a victim of sexual assault:

(1) The option of pursuing either restricted or unrestricted reporting of an assault.

(2) Provision of a SARL and Victim's Advocate to the volunteer.

(3) At a volunteer's discretion, provision of a sexual assault forensic exam in accordance with applicable host country law.

(4) If necessary, the provision of emergency health care, including a mechanism for such volunteer to evaluate such provider.

(5) If necessary, the provision of counseling and psychiatric medication.

(6) Completion of a safety and treatment plan with the volunteer, if necessary.

(7) Evacuation of such volunteer for medical treatment, accompanied by a Peace Corps staffer at the request of such volunteer. When evacuated to the United States, such volunteer shall be provided, to the extent practicable, a choice of medical providers including a mechanism for such volunteers to evaluate the provider.

(8) An explanation to the volunteer of available law enforcement and prosecutorial options, and legal representation.

(d) Training

The President shall train all staff outside the United States regarding the sexual assault policy developed under subsection (a).

(Pub. L. 87–293, title I, §8B, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 738; amended Pub. L. 115–256, title III, §303, Oct. 9, 2018, 132 Stat. 3657.)

Amendments

2018—Subsec. (a)(3). Pub. L. 115–256, §303(1), substituted "any employee of the Peace Corps" for "SARLs", "Victim's Advocate" for "Victim Advocate", and inserted "and require the Peace Corps to designate the staff at each post who shall be responsible for providing the services described in subsection (c)" before semicolon at end.

Subsec. (a)(7) to (10). Pub. L. 115–256, §303(2)–(4), added pars. (7) to (10).

§2507c. Office of Victim Advocacy

(a) Establishment of Office of Victims 1 Advocacy

(1) In general

The President shall establish an Office of Victim Advocacy in Peace Corps headquarters headed by a full-time Victim's Advocate who shall report directly to the Director. The Office of Victim Advocacy may deploy personnel abroad when necessary to help assist victims.

(2) Prohibition

Peace Corps Medical Officers, Safety and Security Officers, and program staff may not serve as Victim's Advocates. The Victim's Advocate referred to in paragraph (1) may not have any other duties in the Peace Corps that are not reasonably connected to victim advocacy.

(3) Exemption

The Victim's Advocate and any additional Victim's Advocates shall be exempt from the limitations specified in subparagraphs (A) and (B) of paragraph (2) and paragraph (5) under section 2506(a) of this title.

(b) Responsibilities

(1) Victims of sexual assault

The Office of Victim Advocacy shall help develop and update the sexual assault risk-reduction and response training described in section 2507a of this title and the sexual assault policy described in section 2507b of this title, ensure that volunteers who are victims of sexual assault receive services specified in section 2507b(c) of this title, and facilitate their access to such services.

(2) Other crimes

In addition to assisting victims of sexual assault in accordance with paragraph (1), the Office of Victim Advocacy shall assist volunteers who are victims of crime by making such victims aware of the services available to them and facilitating their access to such services.

(3) Priority

The Office of Victim Advocacy shall give priority to cases involving serious crimes, including sexual assault and stalking.

(c) Status updates

The Office of Victim Advocacy shall provide to volunteers who are victims regular updates on the status of their cases if such volunteers have opted to pursue prosecution.

(d) Transition

The Office of Victim Advocacy shall assist volunteers who are victims of crime and whose service has terminated in receiving the services specified in section 2507b(c) of this title requested by such volunteer.

(e) Policymaking

The Director of the Peace Corps shall include the head of the Office of Victim Advocacy in agency-wide policymaking processes in the same manner and to the same extent as the directors or associate directors of other offices within the Peace Corps.

(Pub. L. 87–293, title I, §8C, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 739; amended Pub. L. 115–256, title III, §304, Oct. 9, 2018, 132 Stat. 3658.)

Amendments

2018—Subsec. (a). Pub. L. 115–256, §304(1), (2), substituted "Victim's Advocate" for "victim advocate" and "Victim's Advocates" for "victim advocates" wherever appearing.

Subsec. (e). Pub. L. 115–256, §304(3), amended subsec. (e) generally. Prior to amendment, text read as follows: "This section shall cease to be effective on October 1, 2018."

1 So in original. Probably should be "Victim".

§2507d. Establishment of Sexual Assault Advisory Council

(a) Establishment

There is established a Sexual Assault Advisory Council (in this section referred to as the "Council").

(b) Membership

The Council shall be composed of not fewer than 8 and not more than 14 individuals selected by the President who are returned volunteers (including volunteers who were victims of sexual assault and volunteers who were not victims of sexual assault) and governmental and nongovernmental experts and professionals in the sexual assault field. At least one member should be licensed in the field of mental health and have prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization. No Peace Corps employee shall be a member of the Council. The number of governmental experts appointed to the Council shall not exceed the number of nongovernmental experts.

(c) Functions; meetings

The Council shall meet not less often than annually to review the sexual assault risk-reduction and response training developed under section 2507a of this title, the sexual assault policy developed and implemented under section 2507b of this title, and such other matters related to sexual assault the Council views as appropriate, to ensure that such training and policy conform to the extent practicable to best practices in the sexual assault field. To carry out this subsection, the Council may conduct case reviews and is authorized to have access, including through interviews, to current and former volunteers (to the extent that such volunteers provide the Peace Corps express consent to be interviewed by the Council), to volunteer surveys under section 2507e of this title, to all data collected from restricted reporting, and to any other information necessary to conduct case reviews, except that the Council may not have access to any personally identifying information associated with such surveys, data, or information.

(d) Reports

On an annual basis for 5 years after November 21, 2011, and at the discretion of the Council thereafter, the Council shall submit to the President and the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on its findings based on the reviews conducted pursuant to subsection (c).

(e) Employee status

Members of the Council shall not be considered employees of the United States Government for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.

(f) Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

(g) Sunset

This section shall cease to be effective on October 1, 2023.

(Pub. L. 87–293, title I, §8D, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 740; amended Pub. L. 115–256, title III, §305, Oct. 9, 2018, 132 Stat. 3658.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

2018—Subsec. (b). Pub. L. 115–256, §305(1), substituted "not fewer than 8 and not more than 14 individuals selected by the President" for "not less than 8 individuals selected by the President, not later than 180 days after November 21, 2011," and inserted "At least one member should be licensed in the field of mental health and have prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization." after "sexual assault field."

Subsec. (c). Pub. L. 115–256, §305(2), inserted "and implemented" after "sexual assault policy developed" and inserted at end "To carry out this subsection, the Council may conduct case reviews and is authorized to have access, including through interviews, to current and former volunteers (to the extent that such volunteers provide the Peace Corps express consent to be interviewed by the Council), to volunteer surveys under section 2705e of this title, to all data collected from restricted reporting, and to any other information necessary to conduct case reviews, except that the Council may not have access to any personally identifying information associated with such surveys, data, or information."

Subsec. (g). Pub. L. 115–256, §305(3), substituted "2023" for "2018".

§2507e. Volunteer feedback and Peace Corps review

(a) Monitoring and evaluation

Not later than 1 year after November 21, 2011, the President shall establish goals, metrics, and monitoring and evaluation plans for all Peace Corps programs. Monitoring and evaluation plans shall incorporate best practices from monitoring and evaluation studies and analyses.

(b) Performance plans and elements

The President shall establish performance plans with performance elements and standards for Peace Corps representatives, ensure that each such plan includes a consideration of the results, with respect to each such representative and the country of service of each such representative, of each survey conducted under subsection (c),,1 and review the performance of Peace Corps representatives not less than annually to determine whether they have met these performance elements and standards. Nothing in this subsection shall be construed as limiting the discretion of the President to remove a Peace Corps representative.

(c) Annual volunteer surveys

Annually through September 30, 2023, the President shall conduct a confidential survey of volunteers regarding the effectiveness of Peace Corps programs and staff and the safety of volunteers. The results shall be provided in aggregate form without identifying information to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Results from the annual volunteer survey shall be considered in reviewing the performance of Peace Corps representatives under subsection (b). The President shall publish, on a publicly available website of the Peace Corps, a report summarizing the results of each survey related to volunteer satisfaction in each country in which volunteers serve, and the early termination rate of volunteers serving in each such country. The information published shall be posted in an easily accessible place near the description of the appropriate country and shall be written in an easily understood manner.

(d) Peace Corps Inspector General

The Inspector General of the Peace Corps shall—

(1) submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives—

(A) a report, not later than one year after November 21, 2011, and biennially through September 30, 2018, on reports received from volunteers relating to misconduct, mismanagement, or policy violations of Peace Corps staff, any breaches of the confidentiality of volunteers, and any actions taken to assure the safety of volunteers who provide such reports;

(B) a report, not later than two years and five years after November 21, 2011, evaluating the effectiveness and implementation of the sexual assault risk-reduction and response training developed under section 2507a of this title and the sexual assault policy developed under section 2507b of this title, including a case review of a statistically significant number of cases; and

(C) a report, not later than two years after November 21, 2011, describing how Peace Corps representatives are hired, how Peace Corps representatives are terminated, and how Peace Corps representatives hire staff, including an assessment of the implementation of the performance plans described in subsection (b); and


(2) when conducting audits or evaluations of Peace Corps programs overseas, notify the Director of the Peace Corps about the results of such evaluations, including concerns the Inspector General has noted, if any, about the performance of Peace Corps representatives, for appropriate action.

(e) Portfolio reviews

(1) In general

The President shall, at least once every 3 years, perform a review to evaluate the allocation and delivery of resources across the countries the Peace Corps serves or is considering for service. Such portfolio reviews shall at a minimum include the following with respect to each such country:

(A) An evaluation of the country's commitment to the Peace Corps program.

(B) An analysis of the safety and security of volunteers.

(C) An evaluation of the country's need for assistance.

(D) An analysis of country program costs.

(E) An evaluation of the effectiveness of management of each post within a country.

(F) An evaluation of the country's congruence with the Peace Corp's 2 mission and strategic priorities.

(2) Briefing

Upon request of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall brief such committees on each portfolio review required under paragraph (1). If requested, each such briefing shall discuss performance measures and sources of data used (such as project status reports, volunteer surveys, impact studies, reports of Inspector General of the Peace Corps, and any relevant external sources) in making the findings and conclusions in such review.

(Pub. L. 87–293, title I, §8E, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 740; amended Pub. L. 115–256, title II, §202, Oct. 9, 2018, 132 Stat. 3654.)

Amendments

2018—Subsec. (b). Pub. L. 115–256, §202(1), inserted ", ensure that each such plan includes a consideration of the results, with respect to each such representative and the country of service of each such representative, of each survey conducted under subsection (c)," after "standards for Peace Corps representatives" and substituted ", and review" for "and shall review".

Subsec. (c). Pub. L. 115–256, §202(2), substituted "2023" for "2018", "subsection (b)" for "subsection (a)", and inserted at end "The President shall publish, on a publicly available website of the Peace Corps, a report summarizing the results of each survey related to volunteer satisfaction in each country in which volunteers serve, and the early termination rate of volunteers serving in each such country. The information published shall be posted in an easily accessible place near the description of the appropriate country and shall be written in an easily understood manner."

1 So in original.

2 So in original. Probably should be "Corps' ".

§2507f. Establishment of a policy on stalking

(a) In general

The President shall develop and implement a comprehensive policy on stalking that—

(1) requires an immediate, effective, and thorough response from the Peace Corps upon receipt of a report of stalking;

(2) provides, during training, all Peace Corps volunteers with a point of contact for the reporting of stalking; and

(3) protects the confidentiality of volunteers who report stalking to the maximum extent practicable.

(b) Development and consultation with experts

In developing the stalking policy under subsection (a), the President shall consult with and incorporate, as appropriate, the recommendations and views of those with expertise regarding the crime of stalking.

(c) Training of in-country staff

The President shall provide for the training of all in-country staff regarding the stalking policy developed under subsection (a).

(Pub. L. 87–293, title I, §8F, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 742.)

§2507g. Establishment of a confidentiality protection policy

(a) In general

The President shall establish and maintain a process to allow volunteers to report incidents of misconduct or mismanagement, or violations of any policy, of the Peace Corps in order to protect the confidentiality and safety of such volunteers and of the information reported, and to ensure that such information is acted on appropriately. This process shall conform to existing best practices regarding confidentiality.

(b) Guidance

The President shall provide additional training to officers and employees of the Peace Corps who have access to information reported by volunteers under subsection (a) in order to protect against the inappropriate disclosures of such information and ensure the safety of such volunteers.

(c) Penalty

Any Peace Corps volunteer or staff member who is responsible for maintaining confidentiality under subsection (a) and who breaches such duty shall be subject to disciplinary action, including termination, and in the case of a staff member, ineligibility for re-employment with the Peace Corps.

(Pub. L. 87–293, title I, §8G, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 742.)

§2507h. Removal and assessment and evaluation

(a) In general

If a volunteer requests removal from the site in which such volunteer is serving because the volunteer feels at risk of imminent bodily harm, the President shall, as expeditiously as practical after receiving such request, remove the volunteer from the site. If the President receives such a request, the President shall assess and evaluate the safety of such site and may not assign another volunteer to the site until such time as the assessment and evaluation is complete and the site has been determined to be safe. Volunteers may remain at a site during the assessment and evaluation.

(b) Determination of site as unsafe

If the President determines that a site is unsafe for any remaining volunteers at the site, the President shall, as expeditiously as practical, remove all volunteers from the site.

(c) Tracking and recording

The President shall establish a global tracking and recording system to track and record incidents of crimes against volunteers.

(Pub. L. 87–293, title I, §8H, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 743.)

§2507i. Reporting requirements

(a) In general

The President shall annually through September 30, 2018, submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report summarizing information on—

(1) sexual assault of volunteers;

(2) other crimes against volunteers;

(3) the number of arrests, prosecutions, and incarcerations for crimes involving Peace Corps volunteers for every country in which volunteers serve; and

(4) the annual rate of early termination of volunteers, including demographic data associated with such early termination.

(b) GAO

Not later than one year after November 21, 2011, the Comptroller General of the United States shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report evaluating the quality and accessibility of health care provided through the Department of Labor to returned volunteers upon their separation from the Peace Corps.

(c) Access to communications

(1) In general

The President shall determine the level of access to communication, including cellular and Internet access, of each volunteer.

(2) Report

Not later than six months after November 21, 2011, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on the costs, feasibility, and benefits of providing all volunteers with access to adequate communication, including cellular service and Internet access.

(Pub. L. 87–293, title I, §8I, as added Pub. L. 112–57, §2, Nov. 21, 2011, 125 Stat. 743.)

§2508. Foreign participants; admission into the United States as nonimmigrants; removal

In order to provide for assistance by foreign nationals in the training of volunteers, and to permit effective implementation of Peace Corps projects with due regard for the desirability of cost-sharing arrangements, where appropriate, the President may make provision for transportation, housing, subsistence, or per diem in lieu thereof, and health care or health and accident insurance for foreign nationals engaged in activities authorized by this chapter while they are away from their homes, without regard to the provisions of any other law: Provided, however, That per diem in lieu of subsistence furnished to such persons shall not be at rates higher than those prescribed by the Secretary of State pursuant to section 2679 of title 22. Such persons, and persons coming to the United States under contract pursuant to section 2509(a)(5) of this title, may be admitted to the United States, if otherwise qualified, as nonimmigrants under section 1101(a)(15) of title 8 for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General. A person admitted under this section who fails to maintain the status under which he was admitted or who fails to depart from the United States at the expiration of the time for which he was admitted, or who engages in activities of a political nature detrimental to the interests of the United States, or in activities not consistent with the security of the United States, shall, upon the warrant of the Attorney General, be taken into custody and promptly removed pursuant to chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.1 proceedings under this section shall be summary and the findings of the Attorney General as to matters of fact shall be conclusive.

(Pub. L. 87–293, title I, §9, Sept. 22, 1961, 75 Stat. 617; Pub. L. 97–113, title VI, §605(a), Dec. 29, 1981, 95 Stat. 1543; Pub. L. 104–208, div. C, title III, §308(e)(18), Sept. 30, 1996, 110 Stat. 3009–621.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Chapter 4 of title II of the Act is classified generally to part IV (§1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Amendments

1996Pub. L. 104–208 substituted "removed pursuant to chapter 4 of title II of the Immigration and Nationality Act" for "deported pursuant to sections 1251, 1252, and 1253 of title 8. Deportation".

1981Pub. L. 97–113 substituted reference to section "2509(a)(5)" for "2509(a)(4)" of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

1 So in original. Probably should be followed by a period and "Removal".

§2509. Presidential powers and authorities

(a) Contract authority; assignment of volunteers; acceptance of voluntary services and gifts and transfers of property; personal service contracts

In furtherance of the purposes of this chapter, the President may—

(1) enter into, perform, and modify contracts and agreements and otherwise cooperate with any agency of the United States Government or of any State or any subdivision thereof, other governments and departments and agencies thereof, and educational institutions, voluntary agencies, farm organizations, labor unions, and other organizations, individuals and firms;

(2) assign volunteers in special cases to temporary duty with international organizations and agencies when the Secretary of State determines that such assignment would serve the purposes of this chapter;

(3) assign volunteers to duty or otherwise make them available to any entity referred to in paragraph (1), in order to assist such organizations and agencies in providing development or other relief assistance to displaced persons and refugees in any country, if the government of the country agrees to such assignment;

(4) accept in the name of the Peace Corps and employ or transfer in furtherance of the purposes of this chapter (A) voluntary services notwithstanding the provisions of section 1342 of title 31, and (B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise; and

(5) contract with individuals for personal services abroad, and with aliens (abroad or within the United States) for personal services within the United States: Provided, That no such person shall be deemed an officer or employee or otherwise in the service or employment of the United States Government for the purposes of any law administered by the Office of Personnel Management (except that the President may determine the applicability to such individuals of provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)).

(b) Claim settlements

Notwithstanding any other provision of law, whenever the President determines that it will further the purposes of this chapter, the President, under such regulations as he may prescribe, may settle and pay, in an amount not exceeding $20,000, any claim against the United States, for loss of or damage to real or personal property (including loss of occupancy or use thereof) belonging to, or for personal injury or death of, any person not a citizen or resident of the United States, where such claim arises abroad out of the act or omission of any Peace Corps employee or out of the act or omission of any volunteer, but only if such claim is presented in writing within one year after it accrues. Any amount paid in settlement of any claim under this subsection shall be accepted by the claimant in full satisfaction thereof and shall bar any further action or proceeding thereon.

(c) Five-year contract authority

Subject to any future action of the Congress, a contract or agreement which entails commitments for the expenditure of funds available for the purposes of this chapter, including commitments for the purpose of paying or providing for allowances and other benefits of volunteers authorized by sections 2504 and 2505 of this title, may extend at any time for not more than five years.

(d) Waiver of certain Federal laws

Whenever the President determines it to be in furtherance of the purposes of this chapter, functions authorized by this chapter may be performed without regard to such provisions of law (other than sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41, and the Renegotiation Act of 1951, as amended) regulating the making, performance, amendment, or modification of contracts and the expenditure of Government funds as the President may specify.

(e) Allocation of funds

The President may allocate or transfer to any agency of the United States Government any funds available for carrying out the purposes of this chapter including any advance received by the United States from any country or international organization under authority of this chapter, but not to exceed 20 per centum in the aggregate of such funds may be allocated or transferred to agencies other than the Peace Corps. Such funds shall be available for obligation and expenditure for the purposes of this chapter in accordance with authority granted in this chapter or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.

(f) Utilization of other Government agency services and facilities

Any officer of the United States Government carrying out functions under this chapter may utilize the services and facilities of, or procure commodities from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.

(g) Reimbursement for commodities, services, and facilities

In the case of any commodity, service, or facility procured from any agency of the United States Government under this chapter, reimbursement or payment shall be made to such agency from funds available under this chapter. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or at any other price authorized by law and agreed to by the owning or disposing agency. The amount of any such reimbursement or payment shall be credited to current applicable appropriations, funds, or accounts from which there may be procured replacements of similar commodities, services, or facilities, except that where such appropriations, funds, or accounts are not reimbursable except by reason of this subsection, and when the owning or disposing agency determines that such replacement is not necessary, any funds received in payment therefor shall be covered into the Treasury as miscellaneous receipts.

(h) Hospitalization and medical treatment for Foreign Service local employees

The President may provide hospitalization and medical treatment to Foreign Service local employees who are within the United States for training related to their employment under this chapter, for illnesses, injuries, or conditions other than those arising out of and in the course of employment, which, in the judgment of the President, began during such employee's travel related to such training or so near to the beginning of such travel that the onset of the illness, injury, or condition could not have been known, and for which immediate medical treatment or hospitalization is reasonably required.

(i) Procurement of legal services

The Director of the Peace Corps shall have the same authority as is available to the Secretary of State under section 2698(a) of this title. For purposes of this subsection, the reference in such section 2698(a) of this title to a principal officer of the Foreign Service shall be deemed to be a reference to a Peace Corps representative and the reference in such section to a member of the Foreign Service shall be deemed to be a reference to a person employed, appointed, or assigned under this chapter.

(j) Malpractice protection

The provisions of section 2702 of this title shall apply to volunteers and persons employed, appointed, or assigned under this chapter, and to individuals employed under personal services contracts to furnish medical services abroad pursuant to subsection (a)(5) of this section..1 For purposes of this subsection, references to the Secretary in subsection (b) of such section shall be deemed to be references to the Director of the Peace Corps, references to the Secretary in subsection (f) of such section shall be deemed to be references to the President, and the reference in subsection (g) of such section to a principal representative of the United States shall be deemed to be a reference to a Peace Corps representative.

(k) Opening or closing overseas offices and country programs

(1) Except as provided in paragraph (2), the Director of the Peace Corps may not open, close, significantly reduce, or suspend a domestic or overseas office or country program unless the Director has notified and consulted with the appropriate congressional committees at least 15 days in advance.

(2) The Director of the Peace Corps may waive the application of paragraph (1) for a period of not more than 5 days after an action described in such paragraph if the Director determines such action is necessary to ameliorate a substantial security risk to Peace Corps volunteers or other Peace Corps personnel.

(3) For the purposes of this subsection, the term "appropriate congressional committees" means—

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(Pub. L. 87–293, title I, §10, Sept. 22, 1961, 75 Stat. 617; Pub. L. 88–200, §5, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89–134, §6, Aug. 24, 1965, 79 Stat. 551; Pub. L. 89–572, §6, Sept. 13, 1966, 80 Stat. 765; Pub. L. 93–49, §2, June 25, 1973, 87 Stat. 99; Pub. L. 95–331, §5(a), (c), Aug. 2, 1978, 92 Stat. 414, 415; Pub. L. 97–113, title VI, §604(a), Dec. 29, 1981, 95 Stat. 1543; Pub. L. 103–236, title VI, §602, Apr. 30, 1994, 108 Stat. 491; Pub. L. 106–30, §2(b)(4), May 21, 1999, 113 Stat. 56; Pub. L. 112–57, §5(2), Nov. 21, 2011, 125 Stat. 744; Pub. L. 115–256, title II, §203, Oct. 9, 2018, 132 Stat. 3655.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The Foreign Service Act of 1980, referred to in subsec. (a)(5), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

The Renegotiation Act of 1951, as amended, referred to in subsec. (d), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code.

Codification

In subsec. (d), "sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States, as amended, section 302 of the Federal Property and Administrative Services Act of 1949," on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2018—Subsec. (k). Pub. L. 115–256 added subsec. (k).

2011—Subsec. (a)(5). Pub. L. 112–57 substituted "the purposes of any law administered by the Office of Personnel Management (except that the President may determine the applicability to such individuals of provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.))" for "any purpose".

1999—Subsec. (a)(4). Pub. L. 106–30 substituted "section 1342 of title 31" for "31 U.S.C. 665(b)".

1994—Subsec. (c). Pub. L. 103–236, §602(a), which directed amendment of subsec. (c) by substituting "five years" for "thirty six months", was executed by making the substitution for "thirty-six months" to reflect the probable intent of Congress.

Subsec. (j). Pub. L. 103–236, §602(b), inserted before period at end of first sentence ", and to individuals employed under personal services contracts to furnish medical services abroad pursuant to subsection (a)(5) of this section."

1981—Subsecs. (i), (j). Pub. L. 97–113 added subsecs. (i) and (j).

1978—Subsec. (a)(2). Pub. L. 95–331, §5(a)(1), struck out proviso limiting to no more than 125 Peace Corps volunteers or volunteer leaders the number assignable to the described organizations.

Subsec. (a)(3) to (5). Pub. L. 95–331, §5(c), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (b). Pub. L. 95–331, §5(a)(2), substituted "$20,000" for "$10,000".

Subsec. (h). Pub. L. 95–331, §5(a)(3), added subsec. (h).

1973—Subsec. (d). Pub. L. 93–49 excepted from waiver of Federal laws the application of sections 5 and 252 of title 41.

1966—Subsec. (a)(3). Pub. L. 89–572 inserted "or transfer" after "and employ" and struck out ", and transfer such money or property to the government or other entities of the country or area with which the volunteers are serving, when such transfers would further the general purposes of the chapter".

1965—Subsec. (a)(3). Pub. L. 89–134 inserted "money or" after "and transfer such".

1963—Subsec. (a)(3). Pub. L. 88–200 inserted provision for transfer of property.

Effective Date of 1978 Amendment

Pub. L. 95–331, §5(b), Aug. 2, 1978, 92 Stat. 415, provided that: "The amendment made by paragraph (2) of subsection (a) [amending this section] shall apply to claims made after the date of the enactment of this Act [Aug. 2, 1978]."

Delegation of Functions; Allocation of Funds

Funds available to President under this chapter allocated to and functions of President under this section, except subsec. (d) and those functions under subsec. (f) relating to directing agencies to provide services, facilities, and commodities to officers carrying out functions under this chapter, were delegated to Director of Peace Corps by sections 1–103 and 1–301(a), (d) of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29203, eff. May 16, 1979, set out as a note under section 2501 of this title.

Prohibition Against Use of Funds Appropriated After February 15, 1981, and Before December 29, 1981, for Legal Services or Malpractice Protection

Pub. L. 97–113, title VI, §604(c), Dec. 29, 1981, 95 Stat. 1543, provided: "To the extent that the authorities provided by the amendments made by subsection (a) [enacting subsecs. (i) and (j) of this section] are authorities which are not applicable with respect to the Peace Corps immediately before the enactment of this Act [Dec. 29, 1981] and which require the expenditure of funds, those authorities may not be exercised using any funds appropriated after February 15, 1981, and before the date of the enactment of this Act."

Waiver of Certain Laws by President Under Subsec. (d)

For determination under subsec. (d) of this section that it is in the furtherance of the purposes of this chapter and that the functions under this chapter may be performed without regard to the applicable laws specified in section 1 and 2 of Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of this title, with certain limitations see section 1–402 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29203, set out as a note under section 2501 of this title.

1 So in original.

§2510. Omitted

Codification

Section, Pub. L. 87–293, title I, §11, Sept. 22, 1961, 75 Stat. 619; Pub. L. 95–331, §6, Aug. 2, 1978, 92 Stat. 415; Pub. L. 99–83, title XI, §1102(b), Aug. 8, 1985, 99 Stat. 272, which required the President to transmit to Congress, at least once in each fiscal year, a report on operations under this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 26 of House Document No. 103–7.

§2511. Peace Corps National Advisory Council

(a) Establishment

A Peace Corps National Advisory Council (hereinafter in this section referred to as the "Council") shall be established in accordance with the provisions of this section.

(b) Functions

(1) The Council shall advise and consult with the President and the Director of the Peace Corps with regard to policies and programs designed to further the purposes of this chapter and shall, as the Council considers appropriate, periodically report to the Congress with regard to the Peace Corps.

(2) Members of the Council shall (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Peace Corps in the United States and in other countries in order to—

(A) evaluate the accomplishments of the Peace Corps;

(B) assess the potential capabilities and the future role of the Peace Corps;

(C) make recommendations to the President, the Director of the Peace Corps, and, as the Council considers appropriate, the Congress, for the purpose of guiding the future direction of the Peace Corps and of helping to ensure that the purposes and programs of the Peace Corps are carried out in ways that are economical, efficient, responsive to changing needs in developing countries and to changing relationships among people, and in accordance with law; and

(D) make such other evaluations, assessments, and recommendations as the Council considers appropriate.


(3) The Council may provide for public participation in its activities.

(c) Membership

(1) Persons appointed as members of the Council shall be broadly representative of the general public, including educational institutions, private volunteer agencies, private industry, farm organizations, labor unions, different regions of the United States, different educational, economic, racial, and national backgrounds and age groupings, and both sexes.

(2)(A) The Council shall consist of fifteen voting members who shall be appointed by the President, by and with the advice and consent of the Senate. At least seven of such members shall be former Peace Corps volunteers, and not more than eight of such members shall be members of the same political party.

(B) The first appointments of members of the Council under this paragraph shall be made not more than sixty days after August 8, 1985, and, solely for purposes of determining the expiration of their terms, shall be deemed to take effect on the sixtieth day after August 8, 1985.

(C) No member appointed under this paragraph may be an officer or employee of the United States Government.

(D) Of the members initially appointed under this paragraph, eight shall be appointed to 1-year terms and seven shall be appointed to 2-year terms. Thereafter, all appointed members shall be appointed to 2-year terms.

(E) A member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term.

(F) No member of the Council may serve for more than two consecutive 2-year terms.

(G) Members of the Council shall serve at the pleasure of the President.

(H) An appointed member of the Council may be removed by a vote of nine members for malfeasance in office, for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.

(I) Within thirty days after any vacancy occurs in the office of an appointed member of the Council, the President shall nominate an individual to fill the vacancy.

(3) In addition to the voting members of the Council, the Secretary of State and the Administrator of the Agency for International Development, or their designees, and the Director and Deputy Director of the Peace Corps, shall be non-voting members, ex officio, of the Council.

(d) Compensation

(1) Except as provided in paragraph (2), a member of the Council who is not an officer or employee of the United States Government—

(A) shall be paid compensation out of funds made available for the purposes of this chapter at the daily equivalent of the highest rate payable under section 5332 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of duties as a Council member, and

(B) while away from his or her home or regular place of business on necessary travel, as determined by the Director of the Peace Corps, in the actual performance of duties as a Council member, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5.


(2) A member of the Council may not be paid compensation under paragraph (1)(A) for more than twenty days in any calendar year.

(e) Quorum

A majority of the voting members of the Council shall constitute a quorum for the purposes of transacting any business.

(f) Financial interests of members

A member of the Council shall disclose to the Council the existence of any direct or indirect financial interest of that member in any particular matter before the Council and may not vote or otherwise participate as a Council member with respect to that particular matter.

(g) Chair and Vice Chair

At its first meeting and at its first regular meeting in each calendar year thereafter, the Council shall elect a Chair and Vice Chair from among its appointed members who are citizens of the United States. The Chair and Vice Chair may not both be members of the same political party.

(h) Meetings, bylaws, and regulations

(1) The Council shall hold a regular meeting during each calendar quarter and shall meet at the call of the President, the Director of the Peace Corps, the Council's Chair, or one-fourth of its members.

(2) The Council shall prescribe such bylaws and regulations as it considers necessary to carry out its functions. Such bylaws and regulations shall include procedures for fixing the time and place of meetings, giving or waiving of notice of meetings, and keeping of minutes of meetings.

(i) Reports to the President and the Director

Not later than January 1, 1988, and not later than January 1 of each second year thereafter, the Council shall submit to the President and the Director of the Peace Corps a report on its views on the programs and activities of the Peace Corps. Each report shall contain a summary of the advice and recommendations provided by the Council to the President and the Director during the period covered by the report and such recommendations (including recommendations for administrative or legislative action) as the Council considers appropriate to make to the Congress. Within ninety days after receiving each such report, the President shall submit to the Congress a copy of the report, together with any comments concerning the report that the President or the Director considers appropriate.

(j) Administrative assistance

The Director of the Peace Corps shall make available to the Council such personnel, administrative support services, and technical assistance as are necessary to carry out its functions effectively.

(Pub. L. 87–293, title I, §12, as added Pub. L. 99–83, title XI, §1104(a), Aug. 8, 1985, 99 Stat. 273.)

References in Text

This chapter, referred to in subsecs. (b)(1) and (d)(1)(A), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Prior Provisions

A prior section 2511, Pub. L. 87–293, title I, §12, Sept. 22, 1961, 75 Stat. 619, established Peace Corps National Advisory Council and set forth its composition, functions, and terms of members, prior to repeal by Pub. L. 92–352, title IV, §403, July 13, 1972, 86 Stat. 495, effective 90 days after July 13, 1972.

Effective Date

Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amendment note under section 2151–1 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (i) of this section relating to requirement that the President submit to Congress a copy of each report received under subsec. (i), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 14 of House Document No. 103–7.

Termination of Advisory Councils

Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

Termination of Similar Advisory Body

Pub. L. 99–83, title XI, §1104(b), Aug. 8, 1985, 99 Stat. 275, provided that: "Any advisory body carrying out functions similar to those assigned to the Peace Corps National Advisory Council provided for in subsection (a) [enacting this section] shall cease to exist sixty days after the date of the enactment of this Act [Aug. 8, 1985]."

§2512. Experts and consultants

(a) Employment; compensation, travel expenses and per diem; renewal of contracts

Experts and consultants or organizations thereof may, as authorized by section 3109 of title 5, be employed by the President for the performance of functions under this chapter, and individuals so employed may be compensated at rates not in excess of the per diem equivalent of the highest rate payable under section 5332 of title 5, and while away from their homes or regular places of business, they may be paid actual travel expenses and per diem in lieu of subsistence and other expenses at the applicable rate prescribed in the Standardized Government Travel Regulations, as amended from time to time, while so employed: Provided, That contracts for such employment may be renewed annually.

(b) Exemption from restrictions upon receipt of retirement benefits

Service of an individual as a member of the Council authorized to be established by section 2511 1 of this title or as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of sections 3323(b) and 8344 of title 5, section 4064 of this title, or any other law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities.

(Pub. L. 87–293, title I, §13, Sept. 22, 1961, 75 Stat. 619; Pub. L. 88–200, §6, Dec. 13, 1963, 77 Stat. 360; Pub. L. 88–448, title IV, §401(c), Aug. 19, 1964, 78 Stat. 490; Pub. L. 91–352, §6, July 24, 1970, 84 Stat. 465; Pub. L. 96–465, title II, §2202(c), Oct. 17, 1980, 94 Stat. 2158; Pub. L. 107–107, div. A, title X, §1048(i)(9), Dec. 28, 2001, 115 Stat. 1229.)

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Section 2511 of this title, referred to in subsec. (b), was repealed by Pub. L. 92–352, title IV, §403, July 13, 1972, 86 Stat. 495.

Amendments

2001—Subsec. (b). Pub. L. 107–107 struck out ", subject to section 5532 of title 5" before period at end.

1980—Subsec. (b). Pub. L. 96–465 substituted "section 4064 of this title" for "section 1112 of this title".

1970—Subsec. (a). Pub. L. 91–352, §6(a), substituted "section 3109 of title 5" for "section 55a of title 5" and "the per diem equivalent of the highest rate payable under section 5332 of title 5" for "$75 per diem".

Subsec. (b). Pub. L. 91–352, §6(b), substituted "sections 3323(b) and 8344 of title 5" and "section 5532 of title 5" for "section 2263 of title 5" and "section 3102 of title 5", respectively.

1964—Subsec. (b). Pub. L. 88–448 struck out provisions providing that such service shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of title 5, and inserted ", subject to section 3102 of title 5".

1963—Subsec. (a). Pub. L. 88–200, §6(a), substituted "President" for "Peace Corps".

Subsec. (b). Pub. L. 88–200, §6(b), struck out provisions for exemption from conflict-of-interest laws and restrictions upon receipt of compensation.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–448 effective on first day of first month which begins later than ninetieth day following Aug. 19, 1964, see Pub. L. 88–448, title IV, §403, Aug. 19, 1964, 78 Stat. 496.

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

Peace Corps National Advisory Council

Abolition of Peace Corps National Advisory Council, see section 2511 of this title.

1 See References in Text note below.

§2513. Assignment of personnel to foreign governments or international organizations

(a) Authority; oath of allegiance

In furtherance of the purposes of this chapter, the head of any agency of the United States Government is authorized to detail, assign, or otherwise make available any officer or employee of his agency (1) to serve with, or as a member of, the international staff of any international organization, or (2) to any office or position to which no compensation is attached with any foreign government or agency thereof: Provided, That such acceptance of such office or position shall in no case involve the taking of an oath of allegiance to another government.

(b) Benefits of detailed personnel

Any such officer or employee, while so detailed or assigned, shall be considered, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and he shall continue to receive compensation, allowances, and benefits from funds authorized by this chapter. He may also receive, under such regulations as the President may prescribe, representation allowances similar to those allowed under section 4085 of this title. The authorization of such allowances and other benefits, and the payment thereof out of any appropriations available therefor, shall be considered as meeting all of the requirements of section 5536 of title 5.

(c) Reimbursement provisions

Details or assignments may be made under this section—

(1) without reimbursement to the United States Government by the international organization or foreign government;

(2) upon agreement by the international organization or foreign government to reimburse the United States Government for compensation, travel expenses, and allowances, or any part thereof, payable to such officer or employee during the period of assignment or detail in accordance with subsection (b) of this section; and such reimbursement shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, or allowances, or to the appropriation, fund, or account currently available for such purpose; or

(3) upon an advance of funds, property or services to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this chapter; and funds so advanced may be established as a separate fund in the Treasury of the United States Government, to be available for the specified uses, and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this chapter, any unexpended balance of such account to be returned to the foreign government or international organization.

(Pub. L. 87–293, title I, §14, Sept. 22, 1961, 75 Stat. 620; Pub. L. 91–352, §7, July 24, 1970, 84 Stat. 465; Pub. L. 96–465, title II, §2202(d), Oct. 17, 1980, 94 Stat. 2158.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1980—Subsec. (b). Pub. L. 96–465 substituted "section 4085 of this title" for "section 1131 of this title".

1970—Subsec. (b). Pub. L. 91–352 substituted "section 5536 of title 5" for "section 70 of title 5".

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

§2514. Use of funds

(a) Administrative and other expenses

Funds made available for the purposes of this chapter may be used for compensation, allowances and travel of employees, including members of the Foreign Service whose services are utilized primarily for the purposes of this chapter, for printing and binding without regard to the provisions of any other law, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of employees) without regard to such laws and regulations governing the obligation and expenditure of Government funds as may be necessary to accomplish the purposes of this chapter.

(b) Travel expenses abroad; transportation of personal effects, household goods and automobiles; storage

Funds made available for the purposes of this chapter may be used to pay expenses in connection with travel abroad of employees and, to the extent otherwise authorized by this chapter, of volunteers, including travel expenses of dependents (including expenses during necessary stopovers while engaged in such travel), and transportation of personal effects, household goods, and automobiles when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting to and from a place of storage, and the cost of storing automobiles of employees when it is in the public interest or more economical to authorize storage.

(c) Costs of training personnel employed or assigned overseas

Funds available under this chapter may be used to pay costs of training employees employed or assigned pursuant to section 2506(a)(2) of this title (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 firm; and the provisions of subchapter VI of chapter 33 of title 5 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.1 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) Payment of expenses

Funds available for the purposes of this chapter shall be available for—

(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;

(2) expenses of attendance at meetings concerned with the purposes of this chapter, including (notwithstanding the provisions of section 1346 of title 31) expenses in connection with meetings of persons whose employment is authorized by section 2512(a) of this title;

(3) rental and hire of aircraft;

(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 2396(a)(5) of this title in the case of an automobile for any Peace Corps country representative appointed under section 2506(c) of this title: Provided further, That the provisions of section 1343 of title 31 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;

(5) entertainment (not to exceed $5,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act);

(6) exchange of funds and loss by exchange;

(7) expenditures (not to exceed $20,000 in any fiscal year except as may be otherwise provided in an appropriation or other Act) not otherwise authorized by law to meet unforeseen emergencies or contingencies arising in the Peace Corps: Provided, That a certificate of the amount only of each such expenditure and that such expenditure was necessary to meet an unforeseen emergency or contingency, made by the Director of the Peace Corps or his designee, shall be deemed a sufficient voucher for the amount therein specified;

(8) insurance of official motor vehicles acquired for use abroad;

(9) rent or lease abroad for not to exceed five years of offices, health facilities, buildings, grounds, and living quarters, and payments therefor in advance; maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for its use abroad; and costs of fuel, water, and utilities for such properties;

(10) expenses of preparing and transporting to their former homes, or, with respect to foreign participants engaged in activities under this chapter, to their former homes or places of burial, and of care and disposition of, the remains of persons or members of the families of persons who may die while such persons are away from their homes participating in activities under this chapter;

(11) use in accordance with authorities of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), not otherwise provided for;

(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.

(Pub. L. 87–293, title I, §15, Sept. 22, 1961, 75 Stat. 621; Pub. L. 89–134, §7, Aug. 24, 1965, 79 Stat. 551; Pub. L. 89–572, §3, Sept. 13, 1966, 80 Stat. 765; Pub. L. 96–465, title II, §2202(e), Oct. 17, 1980, 94 Stat. 2158; Pub. L. 96–533, title VI, §601(c), Dec. 16, 1980, 94 Stat. 3155; Pub. L. 100–202, §101(e) [title II, §201], Dec. 22, 1987, 101 Stat. 1329–131, 1329-145; Pub. L. 106–30, §2(a), (b)(5)–(8), May 21, 1999, 113 Stat. 55, 56.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The Foreign Service Act of 1980, referred to in subsec. (d)(11), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

Amendments

1999—Subsec. (c). Pub. L. 106–30, §2(b)(5), substituted "subchapter VI of chapter 33 of title 5" for "sections 1881 to 1888 of title 7".

Subsec. (d)(2). Pub. L. 106–30, §2(b)(6), substituted "section 1346 of title 31" for "section 9 of Public Law 60–328 (31 U.S.C. 673)".

Subsec. (d)(6). Pub. L. 106–30, §2(b)(7), struck out "without regard to section 3561 of the Revised Statutes (31 U.S.C. 543)" after "exchange of funds".

Subsec. (d)(11). Pub. L. 106–30, §2(b)(8), substituted "Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)" for "Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)".

Subsec. (d)(13). Pub. L. 106–30, §2(a), added par. (13).

1987—Subsec. (d)(4). Pub. L. 100–202 substituted "the applicable cost limitation described in section 2396(a)(5) of this title" for "$2,500" and inserted proviso that section 1343 of title 31 not apply to the purchase of vehicles for the transportation, maintenance, or direct support of volunteers overseas.

1980—Subsec. (a). Pub. L. 96–465 substituted "members of the Foreign Service" for "Foreign Service personnel".

Subsec. (d)(7). Pub. L. 96–533 increased to $20,000 from $5,000 fiscal year expenditures limitation.

1966—Subsec. (c). Pub. L. 89–572, §3(a), substituted "2506(a)(2)" for "2506(c)(2)".

Subsec. (d)(4). Pub. L. 89–572, §3(b), substituted "2506(c)" for "2506(e)".

1965—Subsec. (c). Pub. L. 89–134 struck out provision that training not be considered employment or holding of office under section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

1 So in original. Probably should be "that subchapter."

§2514a. Authorization for Peace Corps to provide separation pay for host country resident personal services contractors of the Peace Corps

(a) Establishment of fund

There is established in the Treasury of the United States a fund for the Peace Corps to provide separation pay for host country resident personal services contractors of the Peace Corps.

(b) Funding

The Director of the Peace Corps may deposit in the fund established under subsection (a)—

(1) amounts previously obligated and not canceled to provide the separation pay described in such subsection; and

(2) amounts obligated for fiscal years after fiscal year 2006 for current and future costs of providing such separation pay.

(c) Availability

Beginning in fiscal year 2007, amounts deposited in the fund established under subsection (a) shall be available without fiscal year limitation for severance, retirement, or other separation payments to host country resident personal services contractors of the Peace Corps in countries where such payments are legally authorized.

(Pub. L. 110–86, §1, Sept. 27, 2007, 121 Stat. 979.)

Codification

Section was not enacted as part of the Peace Corps Act which comprises this chapter.

§2515. Foreign Currency Fluctuations Account

(a) Establishment

(1) There is established in the Treasury of the United States an account to be known as the "Foreign Currency Fluctuations, Peace Corps, Account". The account shall be used for the purpose of providing funds to pay expenses for operations of the Peace Corps outside the United States which, as a result of fluctuations in currency exchange rates, exceed the amount appropriated for such expenses.

(2) Funds in the account may be transferred, upon the certification of the Director of the Peace Corps (or the Director's designee) that the transfer is necessary for the purpose specified in paragraph (1), to the account containing funds appropriated for the expenses of the Peace Corps.

(b) Use of funds in account

Funds transferred under subsection (a) shall be merged with, and be available for the same time period, as the appropriation to which they are applied. Notwithstanding any provision of law limiting the amount of funds the Peace Corps may obligate in any fiscal year, such amount shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Exchange rates applicable to obligations

An obligation of the Peace Corps payable in the currency of a foreign country may be recorded as an obligation based upon exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(d) Transfers back to account

Funds transferred from the Foreign Currency Fluctuations, Peace Corps, Account may be transferred back to that account—

(1) if the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; or

(2) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay such obligations.

(e) Limitation on transfers back

A transfer of funds back to the account under subsection (d) may not be made after the end of the fiscal year or other period for which the appropriation, to which the funds were originally transferred, is available for obligation.

(f) Transfers to account from regular appropriations

(1) At the end of the fiscal year or other period for which appropriations for the expenses of the Peace Corps are made available, unobligated balances of such appropriation may be transferred into the Foreign Currency Fluctuations, Peace Corps, Account, to be merged with, and to be available for the same period and purposes as, that account.

(2) The authority of this subsection shall be exercised only to the extent that specific amounts are provided in advance in an appropriation Act.

(g) Authorization of appropriations

There are authorized to be appropriated to the Foreign Currency Fluctuations, Peace Corps, Account for each fiscal year such sums as may be necessary to maintain a balance of $5,000,000 in such account at the beginning of such fiscal year.

(h) Reports

Each year the Director of the Peace Corps shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, a report on funds transferred under this section.

(Pub. L. 87–293, title I, §16, as added Pub. L. 102–565, §2(a), Oct. 28, 1992, 106 Stat. 4265.)

Prior Provisions

A prior section 2515, Pub. L. 87–293, title I, §16, Sept. 22, 1961, 75 Stat. 622, related to appointment of persons serving under prior law, prior to repeal by Pub. L. 89–572, §5(a), Sept. 13, 1966, 80 Stat. 765.

Effective Date

Pub. L. 102–565, §2(b), Oct. 28, 1992, 106 Stat. 4266, provided that: "The amendment made by subsection (a) [enacting this section] applies with respect to each fiscal year after fiscal year 1992."

Repeals; Amendments and Application of Amendments Unaffected; Continuation of Determinations, Authorization, Regulations, Orders, Contracts, Agreements, and Other Actions

Pub. L. 89–572, §5, Sept. 13, 1966, 80 Stat. 765, provided that:

"(a) Section 16 of the Peace Corps Act, as amended [former section 2515 of this title], which relates to appointment of persons serving under prior law, section 20 of the Peace Corps Act, as amended, which relates to moratorium on student loans [amending section 425 of Title 20, Education], section 21 of the Peace Corps Act, as amended, which amends the Civil Service Retirement Act [section 8301 et seq. of Title 5, Government Organization and Employees], and title II of the Act, which relates to Internal Revenue Code and Social Security Act amendments [amending sections 912, 1303, 3121, 3122, 3401 and 6051 of Title 26, Internal Revenue Code, and sections 405, 409 and 410 of Title 42, The Public Health and Welfare, and notes under sections 912 and 3121 of Title 26] are hereby repealed.

"(b) Such repeal shall not be deemed to affect amendments contained in such provisions and the application of the amendments contained in the title. All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the provisions of law repealed by subsection (a) shall continue in full force and effect until modified by appropriate authority."

§2516. Use of foreign currencies

Whenever possible, expenditures incurred in carrying out functions under this chapter shall be paid for in such currency of the country or area where the expense is incurred as may be available to the United States.

(Pub. L. 87–293, title I, §17, Sept. 22, 1961, 75 Stat. 623.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

§2517. Activities promoting Americans' understanding of other peoples

In order to further the goal of the Peace Corps, as set forth in section 2501 of this title, relating to the promotion of a better understanding of other peoples on the part of the American people, the Director, utilizing the authorities under section 2509(a)(1) of this title and other provisions of law, shall, as appropriate, encourage, facilitate, and assist activities carried out by former volunteers in furtherance of such goal and the efforts of agencies, organizations, and other individuals to support or assist in former volunteers' carrying out such activities.

(Pub. L. 87–293, title I, §18, as added Pub. L. 100–202, §101(e) [title II, §201], Dec. 22, 1987, 101 Stat. 1329–131, 1329-145.)

Prior Provisions

A prior section 2517, Pub. L. 87–293, title I, §18, Sept. 22, 1961, 75 Stat. 623, provided that Mutual Defense Assistance Control Act of 1951 (22 U.S.C. 1611 et seq.) applied, subject to an exception, to functions carried out under this chapter, prior to repeal by Pub. L. 97–113, title VI, §605(b), Dec. 29, 1981, 95 Stat. 1543. The 1951 Act was superseded by the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.).

Paul D. Coverdell World Wise Schools Program

Pub. L. 106–570, title VI, Dec. 27, 2000, 114 Stat. 3051, as amended by Pub. L. 107–21, §2, July 26, 2001, 115 Stat. 194, provided that:

"SEC. 601. SHORT TITLE.

"This title may be cited as the 'Paul D. Coverdell World Wise Schools Act of 2000'.

"SEC. 602. FINDINGS.

"Congress makes the following findings:

"(1) Paul D. Coverdell was elected to the Georgia State Senate in 1970 and later became Minority Leader of the Georgia State Senate, a post he held for 15 years.

"(2) As the 11th Director of the Peace Corps from 1989 to 1991, Paul Coverdell's dedication to the ideals of peace and understanding helped to shape today's Peace Corps.

"(3) Paul D. Coverdell believed that Peace Corps volunteers could not only make a difference in the countries where they served but that the greatest benefit could be felt at home.

"(4) In 1989, Paul D. Coverdell founded the Peace Corps World Wise Schools Program to help fulfill the Third Goal of the Peace Corps, 'to promote a better understanding of the people served among people of the United States'.

"(5) The World Wise Schools Program is an innovative education program that seeks to engage learners in an inquiry about the world, themselves, and others in order to broaden perspectives; promote cultural awareness; appreciate global connections; and encourage service.

"(6) In a world that is increasingly interdependent and ever changing, the World Wise Schools Program pays tribute to Paul D. Coverdell's foresight and leadership. In the words of one World Wise Schools teacher, 'It's a teacher's job to touch the future of a child; it's the Peace Corps' job to touch the future of the world. What more perfect partnership.'.

"(7) Paul D. Coverdell served in the United States Senate from the State of Georgia from 1993 until his sudden death on July 18, 2000.

"(8) Senator Paul D. Coverdell was beloved by his colleagues for his civility, bipartisan efforts, and his dedication to public service.

"SEC. 603. DESIGNATION OF PAUL D. COVERDELL WORLD WISE SCHOOLS PROGRAM.

"(a) In General.—Effective on the date of enactment of this Act [Dec. 27, 2000], the program under section 18 of the Peace Corps Act (22 U.S.C. 2517) referred to before such date as the 'World Wise Schools Program' is redesignated as the 'Paul D. Coverdell World Wise Schools Program'.

"(b) References.—Any reference before the date of enactment of this Act [Dec. 27, 2000] in any law, regulation, order, document, record, or other paper of the United States to the Peace Corps World Wise Schools Program shall, on and after such date, be considered to refer to the Paul D. Coverdell World Wise Schools Program.

"(c) New References in Peace Corps Documents.—The Director of the Peace Corps shall ensure that any reference in any public document, record, or other paper of the Peace Corps, including any promotional material, produced on or after the date of enactment of this subsection [July 26, 2001], to the program described in subsection (a) be a reference to the 'Paul D. Coverdell World Wise Schools Program'."

Paul D. Coverdell Fellows Program

Pub. L. 106–309, title IV, §408, Oct. 17, 2000, 114 Stat. 1100, provided that:

"(a) Short Title.—This section may be cited as the 'Paul D. Coverdell Fellows Program Act of 2000'.

"(b) Findings.—Congress makes the following findings:

"(1) Paul D. Coverdell was elected to the George [sic] State Senate in 1970 and later became Minority Leader of the Georgia State Senate, a post he held for 15 years.

"(2) Paul D. Coverdell served with distinction as the 11th Director of the Peace Corps from 1989 to 1991, where he promoted a fellowship program that was composed of returning Peace Corps volunteers who agreed to work in underserved American communities while they pursued educational degrees.

"(3) Paul D. Coverdell served in the United States Senate from the State of Georgia from 1993 until his sudden death on July 18, 2000.

"(4) Senator Paul D. Coverdell was beloved by his colleagues for his civility, bipartisan efforts, and his dedication to public service.

"(c) Designation of Paul D. Coverdell Fellows Program.—

"(1) In general.—Effective on the date of the enactment of this Act [Oct. 17, 2000], the program under section 18 of the Peace Corps Act (22 U.S.C. 2517) referred to before such date as the 'Peace Corps Fellows/ USA Program' is redesignated as the 'Paul D. Coverdell Fellows Program'.

"(2) References.—Any reference before the date of the enactment of this Act [Oct. 17, 2000] in any law, regulation, order, document, record, or other paper of the United States to the Peace Corps Fellows/ USA Program shall, on and after such date, be considered to refer to the Paul D. Coverdell Fellows Program."

§2518. Seal and name

(a) Judicial notice

The President may adopt, alter, and use an official seal or emblem of the Peace Corps of such design as he shall determine, which shall be judicially noticed.

(b) Exclusiveness of use; penalties for violations; injunctions

(1) The use of the official seal or emblem and the use of the name "Peace Corps" shall be restricted exclusively to designate programs authorized under this chapter.

(2) Whoever, whether an individual, partnership, corporation, or association, uses the seal for which provision is made in this section, or any sign, insignia, or symbol in colorable imitation thereof, or the words "Peace Corps" or any combination of these or other words or characters in colorable imitation thereof, other than to designate programs authorized under this chapter, shall be fined not more than $500 or imprisoned not more than six months, or both. A violation of this subsection may be enjoined at the suit of the Attorney General, United States attorneys, or other persons duly authorized to represent the United States.

(Pub. L. 87–293, title I, §19, Sept. 22, 1961, 75 Stat. 623; Pub. L. 88–200, §7, Dec. 13, 1963, 77 Stat. 360.)

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Amendments

1963Pub. L. 88–200 designated existing provisions as subsec. (a) and added subsec. (b).

Delegation of Functions

Functions of President under this section, except authority to adopt and alter an official seal or emblem, delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

§2519. Security investigations

All persons employed or assigned to duties under this chapter shall be investigated to insure that the employment or assignment is consistent with the national interest in accordance with standards and procedures established by the President. If an investigation made pursuant to this section develops any data reflecting that the person who is the subject of the investigation is of questionable loyalty or is a questionable security risk, the investigating agency shall refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation. The results of that full field investigation shall be furnished to the initial investigating agency, and to the agency by which the subject person is employed, for information and appropriate action. Volunteers shall be deemed employees of the United States Government for the purpose of this section.

(Pub. L. 87–293, title I, §22, Sept. 22, 1961, 75 Stat. 624.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Delegation of Functions

Functions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of this title.

§2520. Military training and service exemption

Notwithstanding the provisions of any other law or regulation, service in the Peace Corps as a volunteer shall not in any way exempt such volunteer from the performance of any obligations or duties under the provisions of the Universal Military Training and Service Act [50 U.S.C. 3801 et seq.].

(Pub. L. 87–293, title I, §23, Sept. 22, 1961, 75 Stat. 624.)

References in Text

The Universal Military Training and Service Act, referred to in text, subsequently renamed the Military Selective Service Act, is act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

§2521. Foreign language proficiency

No person shall be assigned to duty as a volunteer under this chapter in any foreign country or area unless at the time of such assignment he possesses such reasonable proficiency as his assignment requires in speaking the language of the country or area to which he is assigned.

(Pub. L. 87–293, title I, §24, Sept. 22, 1961, 75 Stat. 624.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

§2521a. Nonpartisan appointments

In carrying out this chapter, no political test or political qualification may be used in—

(1) selecting any person for enrollment as a volunteer or for appointment to a position at, or for assignment to (or for employment for assignment to), a duty station located abroad, or

(2) promoting or taking any other action with respect to any volunteer or any person assigned to such a duty station.

(Pub. L. 87–293, title I, §25, as added Pub. L. 99–83, title XI, §1105(a)(2), Aug. 8, 1985, 99 Stat. 276.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Prior Provisions

A prior section 25 of Pub. L. 87–293 was renumbered section 26 and is classified to section 2522 of this title.

Effective Date

Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amendment note under section 2151–1 of this title.

§2522. Definitions

In this chapter:

(1) The term "abroad" means any area outside the United States.

(2) The term "function" includes any duty, obligation, right, power, authority, responsibility, privilege, discretion, activity, and program.

(3) The term "health care" includes all appropriate examinations, preventive, curative and restorative health and medical care, and supplementary services when necessary.

(4) The term "medical officer" means a physician, nurse practitioner, physician's assistant, or registered nurse with the professional qualifications, expertise, and abilities consistent with the needs of the Peace Corps and the post to which he or she is assigned, as determined by the Director of the Peace Corps.

(5) The word "transportation" in sections 2504(b), 2504(m),1 and 2505(2) of this title includes transportation of not to exceed three hundred pounds per person of unaccompanied necessary personal and household effects.

(6) The term "United States" means the several States and the District of Columbia.

(7) The term "United States Government agency" includes any department, board, wholly or partly owned corporation, or instrumentality, commission, or establishment of the United States Government.

(8) For the purposes of this chapter or any other Act, the period of any individual's service as a volunteer under this chapter shall include—

(i) except for the purposes of section 2504(f) 1 of this title, any period of training under section 2507(a) of this title prior to enrollment as a volunteer under this chapter; and

(ii) the period between enrollment as a volunteer and the termination of service as such volunteer by the President or by death or resignation.

(Pub. L. 87–293, title I, §26, formerly §25, Sept. 22, 1961, 75 Stat. 624; Pub. L. 89–572, §4, Sept. 13, 1966, 80 Stat. 765; Pub. L. 91–352, §8, July 24, 1970, 84 Stat. 465; renumbered §26, Pub. L. 99–83, title XI, §1105(a)(1), Aug. 8, 1985, 99 Stat. 276; Pub. L. 115–256, title III, §306, Oct. 9, 2018, 132 Stat. 3659.)

References in Text

This chapter, referred to in introductory provisions and par. (8), was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Section 2504(m) of this title, referred to in par. (5), was redesignated section 2504(n) by Pub. L. 115–256, title I, §101(a)(1)(B), Oct. 9, 2018, 132 Stat. 3651.

Section 2504(f) of this title, referred to in par. (8)(i), was redesignated section 2504(g) by Pub. L. 115–256, title I, §101(a)(1)(B), Oct. 9, 2018, 132 Stat. 3651.

Prior Provisions

A prior section 26 of Pub. L. 87–293 was renumbered section 27 and is classified to section 2523 of this title.

Amendments

2018Pub. L. 115–256 inserted introductory provisions, redesignated subsecs. (a), (b), (c), (d), (e), (f), and (g) as pars. (1), (6), (2), (3), (8), (7), and (5), respectively, so as to appear in numerical order, realigned margins, and added par. (4) defining "medical officer" after par. (3).

1970—Subsec. (g). Pub. L. 91–352 inserted reference to section 2504(m) of this title.

1966—Subsec. (b). Pub. L. 89–572 struck out territories from definition of "United States".

1 So in original. See References in Text note below.

§2523. Separability

If any provision of this chapter or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this chapter and the applicability of such provision to other circumstances or persons shall not be affected thereby.

(Pub. L. 87–293, title I, §27, formerly §26, Sept. 22, 1961, 75 Stat. 625; renumbered §27, Pub. L. 99–83, title XI, §1105(a)(1), Aug. 8, 1985, 99 Stat. 276.)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, as amended, known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

Prior Provisions

A prior section 27 of Pub. L. 87–293 was renumbered section 28 and is set out as an Effective Date note under section 2501 of this title.