22 U.S.C. § 2508 — Foreign participants; admission into the

Page 1009 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2508 1 So in original. Probably should be followed by a period and ‘‘Removal’’. § 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 volun- teer from the site. If the President receives such a request, the President shall assess and evalu- ate 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. Volun- teers may remain at a site during the assess- ment and evaluation. (b) Determination of site as unsafe If the President determines that a site is un- safe for any remaining volunteers at the site, the President shall, as expeditiously as prac- tical, remove all volunteers from the site. (c) Tracking and recording The President shall establish a global tracking and recording system to track and record inci- dents 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 Sep- tember 30, 2018, submit to the Committee on Foreign Relations and the Committee on Appro- priations of the Senate and the Committee on Foreign Affairs and the Committee on Appro- priations of the House of Representatives a re- port 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 asso- ciated 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 For- eign Relations and the Committee on Appropria- tions of the Senate and the Committee on For- eign Affairs and the Committee on Appropria- tions 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 separa- tion 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 Com- mittee 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, feasi- bility, and benefits of providing all volunteers with access to adequate communication, in- cluding 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 transpor- tation, housing, subsistence, or per diem in lieu thereof, and health care or health and accident insurance for foreign nationals engaged in ac- tivities authorized by this chapter while they are away from their homes, without regard to the provisions of any other law: Provided, how- ever, That per diem in lieu of subsistence fur- nished 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 non- immigrants 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 admit- ted 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 pur- suant to chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.] 1 pro- ceedings 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.) 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 Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 4 of title II of the Act is classified generally to part IV Page 1010 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2509 (§ 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 1996—Pub. L. 104–208 substituted ‘‘removed pursuant to chapter 4 of title II of the Immigration and Nation- ality Act’’ for ‘‘deported pursuant to sections 1251, 1252, and 1253 of title 8. Deportation’’. 1981—Pub. L. 97–113 substituted reference to section ‘‘2509(a)(5)’’ for ‘‘2509(a)(4)’’ of this title. Statutory Notes and Related Subsidiaries 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. 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. § 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 agen- cies thereof, and educational institutions, vol- untary agencies, farm organizations, labor unions, and other organizations, individuals and firms; (2) assign volunteers in special cases to tem- porary duty with international organizations and agencies when the Secretary of State de- termines 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 organi- zations and agencies in providing development or other relief assistance to displaced persons and refugees in any country, if the govern- ment of the country agrees to such assign- ment; (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 intan- gible) received by gift, devise, bequest, or oth- erwise; 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 em- ployee or otherwise in the service or employ- ment 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 Presi- dent, under such regulations as he may pre- scribe, may settle and pay, in an amount not ex- ceeding $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 pre- sented in writing within one year after it ac- crues. 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 there- on. (c) Five-year contract authority Subject to any future action of the Congress, a contract or agreement which entails commit- ments for the expenditure of funds available for the purposes of this chapter, including commit- ments for the purpose of paying or providing for allowances and other benefits of volunteers au- thorized 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 per- formed 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 Renegoti- ation Act of 1951, as amended) regulating the making, performance, amendment, or modifica- tion of contracts and the expenditure of Govern- ment 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 inter- national 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 obliga- tion and expenditure for the purposes of this chapter in accordance with authority granted in this chapter or under authority governing the