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.1

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.".

(d) 23 *

[Repealed-1966]

(e) 24 Volunteers shall receive such health care during their service, applicants for enrollment shall receive such health examinations preparatory to their service, applicants for enrollment who have accepted an invitation to begin a period of training under section 8(a) of this Act shall receive such immunization and dental care preparatory to their service, and former volunteers shall receive such health examinations within six months after termination of their service, 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 maintaining and operating such facility shall be reimbursed from appropriations available under this Act.

(f) 25 (1) Any period of satisfactory service of a volunteer under this Act shall be credited in connection with subsequent employ

23 Public Law 89-554 repealed subsec. (d), which related to Federal Employees' Compensation Act coverage and enacted a substantially identical provision, 5 U.S.C. 8142, which read as follows:

"(a) For the purpose of this section, 'volunteer' means

"(1) a volunteer enrolled in the Peace Corps under section 2504 of title 22;

"(2) a volunteer leader enrolled in the Peace Corps under section 2505 of title 22; and

"(3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under section 2507(a) of title 22 before enrollment.

"(b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his services as a volunteer.

"(c) For the purposes of this subchapter

"(1) a volunteer is deemed receiving monthly pay at the minimum rate for GS-7;

“(2) a volunteer leader referred to by section 2505 of title 22 is deemed receiving monthly pay at the minimum rate for GS-11;

"(3) an injury suffered by a volunteer when he is outside the several States, territories, and possessions of the United States, and the District of Columbia is deemed proximately caused by his employment unless the injury or disease is

"(A) caused by willful misconduct of the volunteer;

"(B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or

"(C) proximately caused by the intoxication of the injured volunteer; and

"(4) the period of service of an individual as a volunteer includes

"(A) any period of training, under section 2507(a) of title 22 before enrollment as a volunteer,

and

"(B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation.".

24 Sec. 2(b) of Public Law 89-134 substantially amended this subsection which previously read as follows:

"(e) Volunteers shall receive such health care during their service and such health examinations and immunization preparatory to their service, as the President may deem necessary or appropriate. Subject to such conditions as the President may prescribe, such health care, examinations, and immunizations may be provided for volunteers in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this Act.".

25 Public Law 89-554 repealed subsec. (f) insofar as it applied to the Civil Service Retirement Act, as amended, and enacted a provision, 5 U.S.C. 8332(b), which provides the same benefit. 5 U.S.C. 8332(p), in pertinent part reads as follows:

"(b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes

(5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter. For the purpose of paragraph (5) of

this subsection

"(A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under sections 2504(c) and 2505(1) of title 22; and

"(B) the period of an individual's service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation.".

ment in the same manner as a like period of civilian employment by the United States Government

(A) for the purposes of section 816(a) of the Foreign Service Act of 1980 26 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 seniority, reduction in force, and layoff rights, leave entitlement, and other rights and privileges based upon length of service under the laws administered by the Civil Service Commission, the Foreign Service Act of 1980, and every other Act establishing 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 completion of any probationary or trial period or completion of any service requirement for career appoint

ment.

(2) For the purposes of paragraph (1)(A) of this subsection, volunteers and volunteer leaders shall be deemed to be receiving compensation during their service at the respective rates of readjustment allowances 27 payable under sections 5(c) and (6)(1) of this Act.

(g) The President may detail or assign volunteers or otherwise make them available to any entity referred to in paragraph (1) of section 10(a) on such terms and conditions as he may determine: Provided, That not to exceed two hundred volunteers may be assigned to carry out secretarial or clerical duties on the staffs of the Peace Corps representatives abroad: 28 Provided, however, That any volunteer so detailed or assigned shall continue to be entitled to the allowances, benefits and privileges of volunteers authorized under or pursuant to this Act.

(h) 29 Volunteers shall be deemed employees of the United States Government for the purposes of the Federal Tort Claims Act 30 and any other Federal tort liability statute, 31 the Federal Voting As

26 This reference to the Foreign Service Act of 1980 was substituted in lieu of a reference to the Foreign Service Act of 1946 by sec. 2202(a) of Public Law 96-465 (94 Stat. 2157).

27 Sec. 2(c) of Public Law 88-200 substituted the words "readjustment allowances" for the words "termination payments".

28 The first proviso was added by sec. 2(d) of Public Law 88-200. Sec. 2(e) of Public Law 89-134 substituted "two" for "one" and struck out "in the aggregate" which had followed "volunteers" in this proviso as originally enacted.

29 Public Law 89-554 repealed subsec. (h) insofar as it applied to the Act of June 4, 1954, ch. 264, sec. 4, which related to the payment or reimbursement of general average contribution from appropriation chargeable to certain types of transportation. Public Law 89-554 also enacted a provision which provided the same benefit (5 U.S.C. 5732) which read as follows: "Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the United States, volunteers as defined by section 8142(a) of this title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions

"(1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported; “(2) when the individual concerned is allowed under statute of regulation a commutation instead of actual transportation expenses; or

"(3) when the individual concerned selected the means of shipment.".

30 28 U.S.C. 2671-2680 and notes.

31 Sec. 2(e) of Public Law 88-200 deleted the words "and for the purposes of" at this point and substituted "the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June 4, 1954, chapter 264, section 4 (5 U.S.C. 73b-5); and".

sistance Act of 1955 (5 U.S.C. 2171 et seq.), 32 the Act of June 4, 1954, chapter 264, section 4 (5 U.S.C. 73b-75), the Act of December 23, 1944, chapter 716, section 1, as amended (31 U.S.C. 492a), 33 section 5584 of title 5, United States Code (and readjustment allowances paid under this Act shall be considered as pay for purposes of such section,34 and section 1 of the Act of June 4, 1920 (41 Stat. 750), as amended (22 U.S.C. 214),35

(i) The service of a volunteer may be terminated at any time at the pleasure of the President.

(j) Upon enrollment in the Peace Corps, every volunteer shall take the oath prescribed for persons appointed to any office of honor or profit by section 1757 of the Revised Statutes of the United States, as amended (5 U.S.C. 16) 36 and shall swear (or affirm) that he does not advocate the overthrow of our constitutional form of government in the United States, and that he is not a member of an organization that advocates the overthrow of our constitutional form of government in the United States, knowing that such organization so advocates.

(k) 37 In order to assure that the skills and experience which former volunteers have derived from their training and their service abroad are best utilized in the national interest, the President may, in cooperation with agencies of the United States, private employers, educational institutions and other entities of the United States, undertake programs under which volunteers would be counseled with respect to opportunities for further education and employment.

(1) 38 Notwithstanding any other provision of law, counsel may be employed and counsel fees, court costs, bail, and other expenses incident to the defense of volunteers may be paid in foreign judicial or administrative proceedings to which volunteers have been made parties.

(m) 39 The minor children of a volunteer living with the volunteer may receive

(1) such living, travel, education, and leave allowances, such housing, transportation, subsistence, and essential special items of clothing as the President may determine;

(2) such health care, including health care following the volunteer's service for illness or injury incurred during such service, and health and accident insurance, as the President may determine and upon such terms as he may determine, including health care in any facility referred to in subsection (e) of this section, subject to such conditions as the President may prescribe and subject to reimbursement of appropriations as provided in such subsection (e);

Recodified as 50 U.S.C. 1451 et seq.

33 The reference to the Act of Dec. 23, 1944, was added by sec. 2(d) of Public Law 89-134.

34 The reference to sec. 5584 of title 5, United States Code, was added by sec. 2 of Public Law 91-99.

35 The final two sentences of subsec. (h), as added by sec. 4(2) of Public Law 95-331 (92 Stat 414) and amended by sec. 2202(a)(2) of Public Law 96-465 (94 Stat. 2157), were deleted by sec. 604(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1543). These sentences concerned malpractice protection for Peace Corps volunteers and can now be found at sec. 10(j) of this Act.

36 Recodified as 5 U.S.C. 3331.

37 Added by sec. 2(f) of Public Law 88-200 (77 Stat. 360). 38 Added by sec. 2(a) of Public Law 89-572 (80 Stat. 765). 39 Added by sec. 3(b) of Public Law 91-352 (84 Stat. 464).