22 U.S.C. § 2503 — Director and Deputy Director; delegation

Page 991 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2503 priations 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 appro- priation of not to exceed $81,000,000 for fiscal year 1977. Subsec. (c). Pub. L. 94–281, § 2, inserted provisions re- lating 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 appro- priation 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 appropria- tion of $1,000,000 for fiscal year 1976, for increase in em- ployee benefits, in addition to amounts authorized for fiscal year 1976, and for period July 1, 1976, through Sept. 30, 1976, and deleted prior appropriation author- ization 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 ex- ceed $315,000 from any sums available to carry out the purposes of this chapter in fiscal year 1976’’ for ‘‘is au- thorized 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 appro- priated to the President for the fiscal year 1974 not to exceed $77,001,000 to carry out the purposes of this chap- ter’’. 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 appro- priation of $110,000,000 for the fiscal year 1967 and pro- vided 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 appro- priation 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’’, respec- tively. 1962—Subsec. (b). Pub. L. 87–442 authorized an appro- priation of $63,750,000 for the fiscal year 1963. 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 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.’’ 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 re- pealed 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; LIMI- TATION 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].’’ Executive Documents 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. § 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 Direc- tor of the Peace Corps. The Director of the Peace Corps may promulgate such rules and reg- ulations as he may deem necessary or appro- priate to carry out such functions, and may del- egate to any of his subordinates authority to perform any of such functions. Page 992 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2503 (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 func- tions 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 inte- grated both at home and abroad and the foreign policy of the United States is best served there- by. (4) The Director of the Peace Corps may pre- scribe 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 de- termined 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 con- cerned. (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.) Editorial Notes 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, 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 pro- mulgate 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 offi- cer to promulgate rules and regulations as deemed ap- propriate. 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. Statutory Notes and Related Subsidiaries 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. CONFORMING SAFETY AND SECURITY AGREEMENT RE- GARDING PEACE CORPS VOLUNTEERS SERVING IN FOR- EIGN 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 Di- rector of the Peace Corps shall consult with the Assist- ant Secretary of State for Diplomatic Security and enter into a memorandum of understanding that speci- fies 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 coun- tries, 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 oppor- tunity to recommend changes that advance the safe- ty and security of Peace Corps volunteers before entry into force of the memorandum of under- standing. ‘‘(2) REPORT.—The Director of the Peace Corps shall consider the recommendations of the Inspector Gen- eral of the Peace Corps regarding the memorandum of understanding described in subsection (a). If the Di- rector enters into the memorandum of understanding without implementing a recommendation of the In- spector General, the Director shall submit to the In- spector General a written explanation relating there- to. ‘‘(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 Direc- tor shall submit to the committees of Congress speci- fied in paragraph (2) a report explaining the reasons for such failure and a certification that substantial steps are being taken to make progress toward agree- ment. ‘‘(2) COMMITTEES OF CONGRESS SPECIFIED.—The com- mittees 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 au- thority which the Director was performing on Decem- ber 14, 1981.’’ Executive Documents TRANSFER OF FUNCTIONS Transfer to President of the United States of func- tions 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 Organiza- tion 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 Page 993 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2504 F.R. 29023, eff. May 16, 1979, set out as a note under sec- tion 2501 of this title. § 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 nation- als of the United States (referred to in this chapter as ‘‘volunteers’’). The terms and condi- tions of the enrollment, training (including training under section 2507a of this title), com- pensation, hours of work, benefits, leave, termi- nation, 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, volun- teers 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, subsist- ence, and clothing as the President may deter- mine to be necessary for their maintenance and to insure their health and their capacity to serve effectively. Supplies or equipment pro- vided volunteers to insure their capacity to serve effectively may be transferred to the gov- ernment 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 read- justment allowance at a rate not less than $125 for each month of satisfactory service as deter- mined by the President. The readjustment al- lowance of each volunteer shall be payable on his return to the United States: Provided, how- ever, That, under such circumstances as the President may determine, the accrued readjust- ment 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 pur- poses of the Internal Revenue Code of 1986, a vol- unteer 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 pay- able. (d) Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 661 (e) Health care Volunteers shall receive such health care (in- cluding, if necessary, for volunteers and train- ees, services under section 2507b of this title) during their service, applicants for enrollment shall receive such health examinations pre- paratory to their service, applicants for enroll- ment 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 informa- tion on prescription options and potential inter- actions, as necessary and appropriate and in ac- cordance with subsection (f), and former volun- teers shall receive such health examinations within six months after termination of their service, including services provided in accord- ance 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 main- taining and operating such facility shall be re- imbursed 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, in- cluding 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 vol- unteer under this chapter shall be credited in connection with subsequent employment in the same manner as a like period of civilian employ- ment 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 se- niority, reduction in force, and layoff rights, leave entitlement, and other rights and privi- leges 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 es- tablishing 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 comple- tion of any probationary or trial period or