22 U.S.C. § 2509 — Presidential powers and authorities

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 Page 1011 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2509 1 So in original. activities of the agencies of the United States Government to which such funds are allocated or transferred. (f) Utilization of other Government agency serv- ices 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 di- rect, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be estab- lished 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 fa- cility procured from any agency of the United States Government under this chapter, reim- bursement or payment shall be made to such agency from funds available under this chapter. Such reimbursement or payment shall be at re- placement 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 pay- ment shall be credited to current applicable ap- propriations, 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 there- for shall be covered into the Treasury as mis- cellaneous receipts. (h) Hospitalization and medical treatment for Foreign Service local employees The President may provide hospitalization and medical treatment to Foreign Service local em- ployees 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 begin- ning 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 ref- erence to a person employed, appointed, or as- signed 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 ref- erence 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 coun- try programs (1) Except as provided in paragraph (2), the Di- rector 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 ap- propriate 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 sub- stantial 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 Sen- ate. (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.) 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)(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, which was classified principally to section 1211 et seq. Page 1012 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2510 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 Ad- ministrative 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 Per- sonnel Management (except that the President may de- termine the applicability to such individuals of provi- sions 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 ‘‘sec- tion 1342 of title 31’’ for ‘‘31 U.S.C. 665(b)’’. 1994—Subsec. (c). Pub. L. 103–236, § 602(a), which di- rected amendment of subsec. (c) by substituting ‘‘five years’’ for ‘‘thirty six months’’, was executed by mak- ing the substitution for ‘‘thirty-six months’’ to reflect the probable intent of Congress. Subsec. (j). Pub. L. 103–236, § 602(b), inserted before pe- riod at end of first sentence ‘‘, and to individuals em- ployed 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 vol- unteers 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 trans- fer’’ after ‘‘and employ’’ and struck out ‘‘, and transfer such money or property to the government or other en- tities of the country or area with which the volunteers are serving, when such transfers would further the gen- eral 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–331, § 5(b), Aug. 2, 1978, 92 Stat. 415, pro- vided 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].’’ PROHIBITION AGAINST USE OF FUNDS APPROPRIATED AFTER FEBRUARY 15, 1981, AND BEFORE DECEMBER 29, 1981, FOR LEGAL SERVICES OR MALPRACTICE PROTEC- TION Pub. L. 97–113, title VI, § 604(c), Dec. 29, 1981, 95 Stat. 1543, provided: ‘‘To the extent that the authorities pro- vided by the amendments made by subsection (a) [en- acting subsecs. (i) and (j) of this section] are authori- ties 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.’’ Executive Documents DELEGATION OF FUNCTIONS; ALLOCATION OF FUNDS Funds available to President under this chapter allo- cated to and functions of President under this section, except subsec. (d) and those functions under subsec. (f) relating to directing agencies to provide services, fa- cilities, and commodities to officers carrying out func- tions 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. 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. § 2510. Omitted Editorial Notes 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 de- signed 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