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1. The Peace Corps Act, as amended

Public Law 87-293 [H.R. 7500], 75 Stat. 612, 22 U.S.C. 2501-2523, approved September 22, 1961; as amended by Public Law 87-442 [H.R. 10700], 76 Stat. 62, approved April 27, 1962; Public Law 87-793 [H.R. 7927], 76 Stat. 632, approved October 11, 1962; Public Law 88–200 [H.R. 9009], 77 Stat. 359, approved December 13, 1963; Public Law 88–285 [S. 2455], 78 Stat. 166, approved March 17, 1965; Public Law 88-426 [H.R. 11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484, approved August 19, 1964; Public Law 89134 [S. 2054], 79 Stat. 59, approved August 24, 1965; Public Law 89-554 [H.R. 10104], 80 Stat. 378, approved September 6, 1966; Public Law 89-572 (S. 3418], 80 Stat. 764, approved September 13, 1966; Public Law 90-175 [S. 1031], 81 Stat. 542, approved December 5, 1967; Public Law 90-362 [S. 2914], 82 Stat. 250, approved June 27, 1968; Public Law 91-99 [H.R. 11039], 83 Stat. 166, approved October 29, 1969; Public Law 91-352 [S. 3430], 84 Stat. 464, approved July 24, 1970; Public Law 92-135 [S. 2260], 85 Stat. 376, approved October 8, 1971; Public Law 92-352 [H.R. 14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-49 [H.R. 5293], 87 Stat. 99, approved June 25, 1973; Public Law 93–302 [H.R. 12920], 88 Stat. 191, approved June 1, 1974; Public Law 94-130 [H.R. 6334], 89 Stat. 684, approved November 14, 1975; Public Law 94-274 [S. 2444], 90 Stat. 383, approved April 21, 1976; by Public Law 94-281 [H.R. 12226], 90 Stat. 458, approved May 7, 1976; Public Law 95-102 [S. 1235] 91 Stat. 841, approved August 15, 1977; Public Law 95-331 [H.R. 11877], 92 Stat. 414, approved August 2, 1978; Public Law 96-53 [International Development Cooperation Act of 1979; H.R. 3324], 93 Stat. 359 at 370, approved August 14, 1979; Public Law 96-465 [Foreign Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2157 and 2160, approved October 17, 1980; Public Law 96-533 [International Security and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at 3155, approved December 16, 1980; Public Law 97-113 [International Security and Development Cooperation Act of 1981; S. 1196], 95 Stat. 1519 at 1540, approved December 29, 1981; Public Law 97-387 [S. 2611], 96 Stat. 1947, approved December 23, 1982; Public Law 98-473 [Continuing Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, approved October 12, 1984; by Public Law 99-83 [International Security and Development Cooperation Act of 1985; S. 960], 99 Stat. 190 at 272, approved August 8, 1985, by Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 897, approved August 27, 1986; and by Public Law 100-202 [Continuing Appropriations Act for Fiscal Year 1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987

AN ACT To provide for a Peace Corps to help the peoples of interested countries and areas in meeting their needs for skilled manpower.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-THE PEACE CORPS

SHORT TITLE

Section 1.1 This Act may be cited as the "Peace Corps Act".

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DECLARATION OF PURPOSE

Sec. 2.2 (a) The Congress of the United States declares that it is the policy of the United States and the purpose of this Act to promote world peace and friendship through a Peace Corps, which shall make available to interested countries and areas men and women of the United States qualified for service abroad and willing to serve, under conditions of hardship if necessary, to help the peoples of such countries and areas in meeting their needs for trained manpower, particularly in meeting the basic needs of those living in the poorest areas of such countries, and to help promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people.

(b) 3 The Congress declares that it is the policy of the United States and a purpose of the Peace Corps to maintain, to the maximum extent appropriate and consistent with programmatic and fiscal considerations, a volunteer corps of at least 10,000 individuals.

PEACE CORPS AS AN INDEPENDENT AGENCY

Sec. 2A.5 Effective on the date of the enactment of the International Security and Development Cooperation Act of 1981, the Peace Corps shall be an independent agency within the executive branch and shall not be an agency within the ACTION Agency or any other department or agency of the United States.

AUTHORIZATION

Sec. 3.6 (a) The President is authorized to carry out programs in furtherance of the purposes of this Act, on such terms and conditions as he may determine.

(b) There are authorized to be appropriated to carry out the purposes of this Act $130,000,000 for the fiscal year 1986 and $137,200,000 for the fiscal year 1987.7 Unobligated balances of

2 22 U.S.C. 2501.

3 The subsec. designation “(a)" and a new subsec. (b) were added by sec. 1102(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272). The words beginning with "particularly in meeting were added by sec. 2 of Public

Law 95-331 (92 Stat. 414).

522 U.S.C. 2501-1. Sec. 2A was added by sec. 601(a) of the International Security and Develop ment Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1540). For additional information concerning the establishment of the Peace Corps as an independent agency, see text of sec. 601 of Public Law 97-113, page 1555.

622 U.S.C. 2502.

7 Congress did not enact an authorization for fiscal year 1992. Fiscal year 1992 appropriations for the Peace Corps are $200,000,000 [$197,044,000 after reduced by 1.4781 per cent, as required by sec. 126 of Public Law 102-145, as amended]. Such funds were provided in H.R. 2621 as passed by the House on June 19, 1991, pursuant to sec. 115 of the Further Continuing Appro priations, Fiscal Year 1992 (Public Law 102-145, as amended), to remain available until September 30, 1993.

The authorization for fiscal years 1986 and 1987 was provided by sec. 1101 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). Sec. 1301 of Public Law 99-399 (100 Stat. 897) increased the 1987 authorization by $7,200,000.

Authorizations in prior years for the Peace Corps included: fiscal year 1976 $88,468,000, fiscal year 1977T-$27,887,800; fiscal year 1977-$81,000,000; fiscal year 1978 $86,544,000 (increased from $82,900,000 by Public Law 95-331); fiscal year 1979 $112,424,000; fiscal year 1980 $105,404,000; fiscal year 1981-$118,000,000; fiscal year 1982-$105,000,000; fiscal year 1983 - $105,000,000; fiscal year 1984 $116,000,000; fiscal year 1985-none enacted; fiscal year 1988-none enacted; fiscal year 1989-none enacted; fiscal year 1990-none enacted; fiscal year 1991-none enacted.

funds made available hereunder are hereby authorized to be continued available for the general purposes for which appropriated and may at any time be consolidated with appropriations hereunder. None of the funds authorized to carry out the purposes of this Act shall be used to carry out the Volunteers to America Program conducted under the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), or any similar program involving the service or training of foreign nationals in the United States.

(c) In addition to the amount authorized to be appropriated by subsection (b) to carry out the purposes of this Act, there are authorized to be appropriated for increases in salary, pay, retirement, or other employee benefits authorized by law, each fiscal year,9 such sums as may be necessary.

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(d) 10 (e) 10 (f) 10 *

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(d) 11 In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process, the Peace Corps shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economics of developing countries, thus improving their status and assisting the total development effort.

(h) 12 In recognition of the fact that there are over 400,000,000 disabled people in the world, 95 percent of whom are among the poorest of the poor, the Peace Corps shall be administered so as to give particular attention to programs, projects, and activities which tend to integrate disabled people into the national economies of developing countries, thus improving their status and assisting the total development effort.

Subsec. (c) was added by sec. 2 of Public Law 93-302 (88 Stat. 191) and amended by sec. 2 of Public Law 94-130, sec. 2 of Public Law 94-281, and Public Law 95-102 (91 Stat. 841).

• The reference to "each fiscal year" was inserted in lieu of a reference to fiscal year 1981 by sec. 602(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542). Authorizations for prior years under this subsection included: fiscal years 1978 $1,069,000 (increased from $1,000,000 by Public Law 95-331); fiscal years 1979, 1980, and 1981-"such sums as may be necessary".

10 Subsecs. (d), (e), and (f) were repealed by sec. 601(e)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542). Sec. 601(e)(2) of Public Law 97-113 further stated that such repeals shall not 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 repealed by that amendment, or (B) the liability of any person for any payment described in section 3(f) of the Peace Corps Act as in effect immediately before the date of the enactment of this Act.". Subsec. (d), as added by sec. 2 of Public Law 93-302 and amended by sec. 3 of Public Law 94-130, had stipulated that the Director of ACTION should transfer by Dec. 31, 1975, $315,000 from the fiscal year 1976 appropriations to the readjustment allowance, ACTION, account at the Treasury Department in order to rectify the imbalance in the Peace Corps readjustment allowance account for the period Mar. 1, 1961, to Feb. 28, 1973. Subsec. (e), as added by sec. 2 of Public Law 93-302 (88 Stat. 191), had authorized the Director of ACTION to waive claims resulting from erroneous payments of readjustment allowances to Peace Corps volunteers who terminated their service between Mar. 1, 1961, and Feb. 28, 1973. Subsec. (f), also added by sec. 2 of Public Law 93-302, had relieved disbursing and certifying officers of the Peace Corps and ACTION from liability for improper or incorrect payment of readjustment allowances made to Volunteers between Mar. 1, 1961, and Feb. 28, 1973, except in the case of fraud.

11 Subsec. (d), originally added as subsec. (g) by sec. 3(3) of Public Law 95-331 (92 Stat. 414), was redesignated as subsec. (d) by sec. 601(e)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542).

12 Subsec. (h) was added by sec. 603 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542).

DIRECTOR OF THE PEACE CORPS AND DELEGATION OF FUNCTIONS

Sec. 4.13 (a) The President may appoint, by and with the advice and consent of the Senate, a Director of the Peace Corps 14 and a Deputy Director of the Peace Corps. 14

(b) 15 The President may exercise any functions vested in him by this Act through the Director of the Peace Corps. The Director of the Peace Corps may promulgate such rules and regulations as he may deem necessary or appropriate to carry out such functions, and may delegate to any of his subordinates authority to perform any of such functions.

(c)(1) Nothing contained in this Act shall be construed to infringe upon the powers or functions 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 Act, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby. (4) 16 The Director of the Peace Corps may prescribe such regulations as may be necessary to assure that no individual performing service for the Peace Corps under any authority contained in this Act shall engage in any activity determined by the Director to be detrimental to the best interest of the United States.

(d) 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 concerned.

PEACE CORPS VOLUNTEERS

Sec. 5.17 (a) The President may enroll in the Peace Corps for service abroad qualified citizens and nationals of the United States (referred to in this Act as "volunteers"). The terms and conditions of the enrollment, training, compensation, hours of work, benefits, leave, termination, and all other terms and conditions of the service of volunteers shall be exclusively those set forth in this Act and those consistent therewith which the President may prescribe; and, except as provided in this Act, volunteers 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

13 22 U.S.C. 2503.

14 The words ", whose compensation shall be fixed by the President at a rate not in excess of $20,000 per annum," and ", whose compensation shall be fixed by the President at a rate not in excess of $19,500 per annum", which appeared at these points, respectively, were repealed by sec. 305(27) of the Government Employees Salary Reform Act of 1964 (Public Law 88-426).

15 The references in subsec. (b) to the Director of the Peace Corps were substituted in lieu of references to the head of any agency or any officer of the United States Government by sec. 601(d)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1541).

16 Par. (4) was added by sec. 2 of Public Law 91-352 (84 Stat. 426). The function prescribed in this paragraph was transferred to the President by sec. 2(b) of Reorganization Plan No. 1 of 17 22 U.S.C. 2504. Sec. 4 of Public Law 94-130 added "sex" to the bases for nondiscrimination.

out this subsection there shall be no discrimination against any person on account of race, sex, creed, or color. 18

(b) Volunteers shall be provided with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the President may determine to be necessary for their maintenance and to insure their health and their capacity to serve effectively. Supplies or equipment provided volunteers to insure their capacity to serve effectively may be transferred to the government 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 Act.19 Transportation and travel allowances may also be provided in such circumstances as the President may determine, or 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) 20 Volunteers shall be entitled to receive a readjustment allowance at a rate not less than $125 21 for each month of satisfactory service as determined by the President.22 The readjustment allowance of each volunteer shall be payable on his return to the United States: Provided, however, That, under such circumstances as the President may determine, the accrued readjustment 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, United States Code. For purposes of the Internal Revenue Code of 1954 (26 U.S.C.), a volunteer 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 Act to the fund from which such readjustment allowance is payable.

18 This last sentence of sec. 5(a) was amended by sec. 1105(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276), which removed the prohibition that "no political request shall be required to be taken into consideration".

19 This sentence was added by sec. 2(a) of Public Law 88-200.

20 Sec. 2(b) of Public Law 88-200 substituted this language, except for the final sentence, for former subsec. (c), which read as follows:

"(c) Volunteers shall be entitled to receive termination payments at a rate not to exceed $75 for each month of satisfactory service as determined by the President. The termination payment of each volunteer shall be payable at the termination of his service, or may be paid during the course of his service to the volunteer, to members of his family or to others, under such circumstances as the President may determine. In the event of the volunteer's death during the period of his service, the amount of any unpaid termination payment shall be paid in accordance with the provisions of section 61f of title 5 of the United States Code.".

The final sentence was added by sec. 2(a) of Public Law 89-134.

21 The words "not less than $125" were inserted in lieu of the words "not to exceed $125" by sec. 606 of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1543).

22 A phrase, which had been added by sec. 2(b) of Public Law 91-352 and had previously appeared at this point, was struck by sec. 4(1) of Public Law 95-331 (92 Stat. 414). It formerly read as follows: "except that, in the cases of volunteers who have one or more minor children at the time of their entering a period of preenrollment training, one parent shall be entitled to receive a readjustment allowance at a rate not to exceed $125 for each month of satisfactory service as determined by the President.".

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