22 U.S.C. § 2514 — Use of funds

Page 1015 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2514 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 fol- lowing Aug. 19, 1964, see Pub. L. 88–448, title IV, § 403, Aug. 19, 1964, 78 Stat. 496. PEACE CORPS NATIONAL ADVISORY COUNCIL Abolition of Peace Corps National Advisory Council, see section 2511 of this title. Executive Documents 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. § 2513. Assignment of personnel to foreign gov- ernments 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 em- ployee of his agency (1) to serve with, or as a member of, the international staff of any inter- national organization, or (2) to any office or po- sition 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 de- tailed 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 Govern- ment 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, rep- resentation allowances similar to those allowed under section 4085 of this title. The authoriza- tion of such allowances and other benefits, and the payment thereof out of any appropriations available therefor, shall be considered as meet- ing 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 orga- nization or foreign government; (2) upon agreement by the international or- ganization or foreign government to reimburse the United States Government for compensa- tion, travel expenses, and allowances, or any part thereof, payable to such officer or em- ployee during the period of assignment or de- tail in accordance with subsection (b) of this section; and such reimbursement shall be cred- ited to the appropriation, fund, or account uti- lized for paying such compensation, travel ex- penses, 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 ac- cepted with the approval of the President for specified uses in furtherance of the purposes of this chapter; and funds so advanced may be es- tablished as a separate fund in the Treasury of the United States Government, to be available for the specified uses, and to be used for reim- bursement of appropriations or direct expendi- ture subject to the provisions of this chapter, any unexpended balance of such account to be returned to the foreign government or inter- national 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.) Editorial Notes 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, 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’’. Statutory Notes and Related Subsidiaries 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. Executive Documents 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, allow- ances and travel of employees, including mem- bers of the Foreign Service whose services are utilized primarily for the purposes of this chap- ter, for printing and binding without regard to the provisions of any other law, and for expendi- tures outside the United States for the procure- ment of supplies and services and for other ad- ministrative and operating purposes (other than compensation of employees) without regard to such laws and regulations governing the obliga- tion and expenditure of Government funds as may be necessary to accomplish the purposes of this chapter. Page 1016 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2514 1 So in original. Probably should be ‘‘that subchapter.’’ (b) Travel expenses abroad; transportation of personal effects, household goods and auto- mobiles; storage Funds made available for the purposes of this chapter may be used to pay expenses in connec- tion with travel abroad of employees and, to the extent otherwise authorized by this chapter, of volunteers, including travel expenses of depend- ents (including expenses during necessary stop- overs while engaged in such travel), and trans- portation of personal effects, household goods, and automobiles when any part of such travel or transportation begins in one fiscal year pursu- ant 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 pub- lic interest or more economical to authorize storage. (c) Costs of training personnel employed or as- signed overseas Funds available under this chapter may be used to pay costs of training employees em- ployed 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, ag- ricultural, or scientific association or organiza- tion, or commercial firm; and the provisions of subchapter VI of chapter 33 of title 5 may be used to carry out the foregoing authority not- withstanding 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 connec- tion therewith may, as deemed appropriate by the head of the agency of the United States Gov- ernment 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 pay- ments to an employee in the nature of com- pensation 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 chap- ter 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 con- cerned with the purposes of this chapter, in- cluding (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 ve- hicles: Provided, That, except as may other- wise be provided in an appropriation or other Act, passenger motor vehicles for administra- tive purposes abroad may be purchased for re- placement only, and such vehicles may be ex- changed or sold and replaced by an equal num- ber 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 sec- tion 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 pro- vided in an appropriation or other Act) not otherwise authorized by law to meet unfore- seen 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 ac- quired 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 alter- ations 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 for- eign 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 activi- ties 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 em- ployees, Peace Corps volunteers, dependents of such employees and volunteers, and accom- panying baggage, by a foreign air carrier when the transportation is between two places out- side the United States without regard to sec- tion 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, Page 1017 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2515 1329–145; Pub. L. 106–30, § 2(a), (b)(5)–(8), May 21, 1999, 113 Stat. 55, 56.) Editorial Notes 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, 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, 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 sec- tion 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 sec- tion 1343 of title 31 not apply to the purchase of vehi- cles for the transportation, maintenance, or direct sup- port of volunteers overseas. 1980—Subsec. (a). Pub. L. 96–465 substituted ‘‘mem- bers of the Foreign Service’’ for ‘‘Foreign Service per- sonnel’’. 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). Statutory Notes and Related Subsidiaries 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. § 2514a. Authorization for Peace Corps to provide separation pay for host country resident per- sonal 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 pro- vide 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 de- scribed 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 depos- ited 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 coun- tries where such payments are legally author- ized. (Pub. L. 110–86, § 1, Sept. 27, 2007, 121 Stat. 979.) Editorial Notes 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 pur- pose of providing funds to pay expenses for oper- ations of the Peace Corps outside the United States which, as a result of fluctuations in cur- rency exchange rates, exceed the amount appro- priated 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 nec- essary to reflect fluctuations in exchange rates from those used in preparing the budget submis- sion. (c) Exchange rates applicable to obligations An obligation of the Peace Corps payable in the currency of a foreign country may be re- corded 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 obliga- tions incurred because of fluctuations in cur- rency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; or (2) because of subsequent favorable fluctua- tions in the rates or because other funds are, or become, available to pay such obligations.