22 U.S.C. § 2506 — Peace Corps employees

Page 999 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2506 leave allowances, and such housing, transpor- tation, 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 cir- cumstances; (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, in- cluding 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 nec- essary 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.) 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 1982—Par. (1). Pub. L. 97–387 substituted ‘‘not less than $125’’ for ‘‘not to exceed $125’’. 1970—Pub. 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. 1965—Pub. L. 89–134 extended the health care provi- sions of cl. (3) to a married volunteer’s child if born during the volunteer’s service. 1963—Pub. L. 88–200 substituted ‘‘a readjustment al- lowance’’ for ‘‘termination payments’’ in cl. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–387, § 1(b), Dec. 23, 1982, 96 Stat. 1947, pro- vided that: ‘‘This amendment [amending this section] shall be effective as of December 29, 1981.’’ Executive Documents 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, allow- ances, and benefits; utilization of Presi- dential authority respecting Foreign Service; additional compensation and differentials; additional governmental employment by per- son 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 offi- cers 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 there- under; and persons so employed or assigned shall be entitled, except to the extent that the Presi- dent may specify otherwise in cases in which the period of the employment or assignment exceeds thirty months, to the same benefits as are pro- vided 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 Gov- ernment officers and employees as the President deems necessary to carry out functions under this chapter, except that— (A) no Foreign Service appointment or as- signment 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 ap- pointment or assignment under this paragraph has been terminated shall be reappointed or reassigned under this paragraph before the ex- piration of a period of time equal to the pre- ceding tour of duty of that individual. Subparagraphs (A) and (B) do not apply with re- spect to foreign national employees. Such provi- sions 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 ap- pointed or assigned under this paragraph, in- cluding 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 gen- erally performed by members of the Foreign Service assigned to class 9 in the Foreign Serv- ice Schedule may be appointed to an unenumerated class ranking below class 9 in the Foreign Service Schedule and be paid basic com- Page 1000 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2506 pensation 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 sec- tion 2509(a)(5) of this title, and may determine the rates thereof not to exceed the rates other- wise granted to employees under the sections of title 5 referred to in this paragraph. (4) An individual who has received an appoint- ment or assignment in the Foreign Service under this subsection may, not later than Sep- tember 30, 1982, or three years after separation from such appointment or assignment, which- ever is later, be appointed to a position in any United States department, agency, or establish- ment— (A) in the competitive service under title 5 without competitive examination and in ac- cordance with such regulations and conditions consistent with this subsection as may be pre- scribed by the Director of the Office of Per- sonnel Management, or (B) in an established merit system in the ex- cepted 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 quali- fied for the position in question. (5) Except as provided in paragraph (6), the Di- rector of the Peace Corps may make appoint- ments or assignments of United States citizens under paragraph (2) for periods of more than five years only in the case of individuals whose per- formance 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 ap- pointment 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 ap- pointment 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 ap- pointment or assignment in a recruitment, se- lection, 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 appoint- ment 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 ap- prove an extension of an appointment or assign- ment 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 man- agement or management support positions that require specialized technical or professional skills and knowledge of Peace Corps operations. Such positions may include positions in the fol- lowing 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 sub- paragraph (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 subpara- graph (B), the Director shall ensure that all de- cisions regarding the appointment, assignment, or extension of employees to any position des- ignated pursuant to subparagraph (A)— (i) are consistent with Federal law and Peace Corps policy; and (ii) are based upon operational and pro- grammatic factors. (D) The term of any appointment or assign- ment 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 con- ditions of service; removal In each country or area in which volunteers serve abroad, the President may appoint an em- ployee or a volunteer as a Peace Corps rep- resentative to have direction of other employees of the Peace Corps abroad and to oversee the ac- tivities carried on under this chapter in such country or area. Unless a representative is a vol- unteer, the compensation, allowances and bene- fits, and other terms and conditions of service of each such representative, shall be the same as those of a person appointed, or assigned pursu- ant to paragraph (1) or (2) of subsection (a) of this section, except that any such representa- tive 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. Page 1001 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2506 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.) 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. (a)(1), (2), 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. 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 en- acted 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 sec- tion 2509(a)(5) of this title,’’ after ‘‘employed, ap- pointed, 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), sub- stituted ‘‘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 ap- proves an extension of not more than one year on an in- dividual 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 re- spect to foreign national employees. 1980—Subsec. (a)(1). Pub. L. 96–465, § 2202(b)(1)(A), sub- stituted ‘‘which are not authorized to utilize the For- eign Service personnel system, who shall receive com- pensation 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 applica- bility 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 Serv- ice 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 leg- islation, 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 reen- acted 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), redesig- nated subsec. (c) as (a), incorporated into par. (1) mate- rial formerly set out as introductory material, spelled out the authority of the President to utilize his author- ity 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 Offi- cers, Foreign Service Staff officers and employees, alien clerks and employees and other Government offi- cers and employees apart from the Foreign Service, limited to five-year duration all Foreign Service Re- serve or Staff appointments and assignments unless the Director of the Peace Corps personally approved one- years extensions on an individual basis, prohibited re- appointment or reassignment under this par. before ex- piration 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 sub- sec. (c). Former subsec. (a), relating to domestic em- ployment, was repealed. Subsec. (b). Pub. L. 89–134, § 4(c), redesignated subsec. (d) as (b), inserted ‘‘for the purpose of performing func- tions under this chapter outside the United States’’ after ‘‘or assigned’’, and substituted reference to sub- sec. (a)(2) for reference to subsec. (c)(2). Former subsec. (b), relating to compensation for domestic employ- ment, 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), redesig- nated subsecs. (d) and (e) as (b) and (c), respectively. 1963—Subsec. (b). Pub. L. 88–200 struck out ‘‘so’’ be- fore ‘‘employed’’. 1962—Subsec. (b). Pub. L. 87–793 substituted ‘‘but not in excess of the highest grade 18 of such general sched- ule’’ for ‘‘and of these not to exceed two may be com- pensated 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’’. Statutory Notes and Related Subsidiaries 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 sec- tion 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, pro- vided that: ‘‘Section 4 of this Act [amending this sec- Page 1002 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2507 tion] 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. 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 ex- tend 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 Gen- eral, involves the safety of Peace Corps volunteers: Pro- vided further, That the Director of the Peace Corps may make such appointments or assignments notwith- standing the provisions of section 7 of the Peace Corps Act [this section] limiting the length of an appoint- ment or assignment, the circumstances under which such an appointment or assignment may exceed 5 years, and the percentage of appointments or assign- ments 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 cer- tain appointment authority granted under section 1103(a) of Pub. L. 99–83 (amending subsec. (a) of this sec- tion), 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. TRANSFER OF WASHINGTON HEADQUARTERS PERSONNEL FROM CIVIL SERVICE TO FOREIGN SERVICE APPOINT- MENTS Pub. L. 89–134, § 5(b), Aug. 24, 1965, 79 Stat. 551, pro- vided 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] imme- diately prior to the effective date of that section [see Effective Date of 1965 Amendment note above] shall ef- fective on that date be appointed a Foreign Service Re- serve officer or Foreign Service staff officer or em- ployee 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-condi- tional appointment immediately prior to the effec- tive 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 du- ration 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 re- ceive basic compensation at the rate of his class deter- mined by the President to be appropriate, but the rate of basic compensation received by such person imme- diately prior to the effective date of his appointment under this subsection shall not be reduced by the provi- sions 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 su- perseded by section 1–707 of Ex. Ord. No. 12137.] 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. 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 sec- tion 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. BENEFITS FOR PERSONS APPOINTED OR ASSIGNED UNDER SUBSEC. (a) Persons appointed, employed, or assigned under sub- sec. (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 appoint- ment, 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. § 2507. Training program (a) Applicants for enrollment and enrolled volun- teers 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 provi- sions of this chapter applicable respectively to volunteers and volunteer leaders shall be appli- cable to applicants for enrollment as such dur- ing any period of training occurring prior to en- rollment, and the respective terms ‘‘volunteers’’ and ‘‘volunteer leaders’’ shall include such ap- plicants 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 in- formation regarding the mandate of the Inspec- tor General and the availability (including con- tact information) of the Inspector General and