(3) such orientation, language, and other training necessary to accomplish the purposes of this Act as the President may determine; and

(4) the benefits of subsection (1) of this section on the same basis as volunteers.

(n) 39 The costs of packing and unpacking, transportation to and from a place of storage, and storing the furniture and household and personal effects of a volunteer who has one or more minor children at the time of his entering a period of pre-enrollment training may be paid from the date of his departure from his place of residence to enter training until no later than three months after termination of his service.

PEACE CORPS VOLUNTEER LEADERS

Sec. 6.40 The President may enroll in the Peace Corps qualified citizens or nationals of the United States whose services are required for supervisory or other special duties or responsibilities in connection with programs under this Act (referred to in this Act as "volunteer leaders"). The ratio of the total number of volunteer leaders to the total number of volunteers in service at any one time shall not exceed one to twenty-five. Except as otherwise provided in this Act, all of the provisions of this Act applicable to volunteers shall be applicable to volunteer leaders, and the term "volunteers" shall include "volunteer leaders": Provided, however, That

(1) volunteer leaders shall be entitled to receive a readjustment allowance at a rate not less than $125 41 for each month of satisfactory service as determined by the President; 42

(2) spouses and minor children of volunteer leaders may receive such living, travel, and leave allowances, and such housing, transportation, subsistence, and essential special items of clothing, as the President may determine, but authority contained in this paragraph shall be exercised only under exceptional circumstances;

(3) spouses and minor children of volunteer leaders accompanying them may receive such health care as the President may determine and upon such terms as he may determine, including health care in any facility referred to in section 5(e) of this Act, subject to such conditions as the President may prescribe in section 5(e); 43 and

(4) spouses and minor children of volunteer leaders accompanying them may receive such orientation, language, and other training necessary to accomplish the purposes of this Act as the President may determine.

40 22 U.S.C. 2505.

41 Sec. 3 of Public Law 88-200 substituted the words "a readjustment allowance" for the words "termination payments".

Public Law 97-387 (96 Stat. 1947) substituted the words "not less than" in lieu of the words "not to exceed". This amendment became effective as of Dec. 29, 1981.

42 Sec. 3 of Public Law 94-281 (90 Stat. 458) provided that the fiscal year 1977 appropriation to carry out the purposes of the Peace Corps Act, $10,100,000 shall be available only for payment of the readjustment allowances authorized by secs. 5(c) and 6(1).

43 Public Law 89-134 provided health care for children born during the Volunteer's service. Public Law 91-352 struck out this provision.

PEACE CORPS EMPLOYEES

Sec. 7.44 (a)(1) For the purpose of performing functions under this Act outside the United States, the President may employ or assign persons, or authorize the employment or assignment of officers or employees of agencies of the United States Government which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates established under section 402 or 403 of the Foreign Service Act of 1980,45 together with allowances and benefits thereunder; and persons so employed or assigned shall be entitled, except to the extent that the President may specify otherwise in cases in which the period of the employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of that Act 46 for persons appointed to the Foreign Service Reserve.

(2) 47 The President may utilize such authority contained in the Foreign Service Act of 1980 relating to members of the Foreign Service and other United States Government officers and employees as the President deems necessary to carry out functions under this Act, except that

(A) no Foreign Service appointment or assignment under this paragraph shall be for a period of more than seven and one-half years, subject to paragraph (5) and except as provided in paragraph (6) 48 and

44 22 U.S.C. 2506. Sec. 4(a) of Public Law 89-134 struck out the former subsecs. (a) and (b) of this section which read as follows:

"(a) The President may employ such persons, not to exceed 275 persons permanently employed in the United States at any one time in fiscal year 1962, as the President deems necessary to carry out the provisions and purposes of this Act. Except as otherwise provided in this Act, such persons (hereafter sometimes referred to as "employees") shall be employed in accordance with and shall be subject to the laws applicable to personnel employed by the United States Government.

"(b) of the persons employed in the United States in activities authorized by this Act, not to exceed thirty may be compensated without regard to the provisions of the Classification Act of 1949, as amended, of whom not to exceed twenty may be compensated at rates higher than those provided for grade fifteen of the general schedule established by the Classification Act of 1949, as amended, but not in excess of the highest rate of grade 18 of such general schedule. Such positions shall be in addition to those authorized by section 4(a) of this Act to be filled by Presidential appointment, and in addition to the number authorized by section 505 of the Classification Act of 1949, as amended.".

Under the terms of sec. 5 of Public Law 89-134, the independent implementing provisions of that act, persons holding career or career-conditional appointments under the repealed authorities immediately prior to the effective date of sec. 4 of Public Law 89-134 (Oct. 10, 1965) may continue employment under such authority for 3 years. Those whose career or career-conditional appointments were at grade 8 or below of the General Schedule could receive appointment for the duration of operations under the Peace Corps Act.

Sec. 4(b) (1) and (2) of Public Law 89-134 reorganized this subsection by changing its designation from "(c)" to "(aX1)", and striking "—(1)" after the words "the President may".

45 The words to this point beginning with "which are not authorized" were substituted by sec 2202(bX1XA) of Public Law 96-465 (94 Stat. 2157) in lieu of the following: "who shall receive compensation at any of the rates provided for persons appointed to the Foreign Service Reserve and Staff under the Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)".

46 The reference to sec. 310 was substituted in lieu of a reference to sec. 528 by sec. 2202(b)(1)B) of Public Law 96-465 (94 Stat. 2157).

47 Par. (2), as amended by Public Law 89-134, was amended and restated by sec. 2202(b)(1) of Public Law 96-465 (94 Stat. 2157).

48 The words to this point beginning with ", subject to paragraph" were substituted in lieu of the following: "unless the Director of the Peace Corps, under special circumstances, personally approved an extension of not more than one year on an individual basis" by sec. 1103(a)1XA) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272). Such sec. 1103(a)1XA) also increased the period of time of appointments from 5 years to 7.5 years. See sec. 1103(b) of Public Law 99-83 (page 1558) concerning a report from the Peace Corps Director on the criteria for making appointments for periods of more than 5 years.

(B) no individual whose Foreign Service appointment or assignment under this paragraph has been terminated shall be reappointed or reassigned under this paragraph before the expiration of a period of time equal to the preceding tour of duty of that individual. Subparagraphs (A) and (B) do not apply with respect to foreign national employees.49 Such provisions of the Foreign Service Act of 1980 (other than the provision of section 309) 50 as the President deems appropriate shall apply to individuals appointed or assigned under this paragraph, including in all cases, the provisions of section 310 of that Act, except that (i) the President may by regulation make exceptions to the application of section 310 in cases in which the period of the appointment or assignment exceeds thirty months, (ii) members of the Foreign Service appointed or assigned pursuant to this paragraph shall receive within-class salary increases, in accordance with such regulations as the President may prescribe, and (iii) under such regulations as the President may prescribe, individuals who are to perform duties of a more routine nature than are generally performed by members of the Foreign Service assigned to class 9 in the Foreign Service Schedule may be appointed to an unenumerated class ranking below class 9 in the Foreign Service Schedule and be paid basic compensation at rates lower than those for class 9, except that such rates may be no less than the then applicable minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).

(3) 51 The President may specify what additional allowance authorized by section 5941 of title 5, United States Code, and which of the allowances and differentials authorized by sections 5923 through 5925 of such title 5 may be granted to any person employed, appointed, or assigned under this subsection and may determine the rates thereof not to exceed the rates otherwise granted to employees under the sections of title 5, United States Code, referred to in this paragraph.

(4) 52 An individual who has received an appointment or assignment in the Foreign Service under this subsection may, not later than September 30, 1982, or three years after separation from such appointment or assignment, whichever is later, be appointed to a position in any United States department, agency, or establishment

(A) in the competitive service under title 5, United States Code, without competitive examination and in accordance with such regulations and conditions consistent with this subsection

** This sentence was added by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985 (included in sec. 101 of the Continuing Appropriations Act, 1985; Public Law 98-473; 98 Stat. 1903). This amendment had been included as sec. 703 of H.R. 5119, the International Security and Development Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 703 of H.R. 5119.

50 This parenthetical phrase was added by sec. 1103(aX1XB) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272.)

51 As amended and restated by sec. 5 of Public Law 91-352 (84 Stat. 465). Previously amended by sec. 4(b)(4) of Public Law 89-134 (79 Stat. 550).

52 Paragraph (4) was added by sec. 302 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 371). The text of par. (4) up to the words "or three years" were inserted by sec. 2202(b)(2) of Public Law 96-465 (94 Stat. 2158). Former text of par. (4) had contained temporary language pending the enactment of Foreign Service personnel reform legislation which was included in Public Law 96-465.

as may be prescribed by the Director of the Office of Personnel Management, or

(B) in an established merit system in the excepted service, if such individual 53 (i) served satisfactorily under the authority of this subsection, as certified by the President, for not less than thirty-six months on a continuous basis without a break in service of more than three days,54 and (ii) is qualified for the position in question.

(5) 55 Except as provided in paragraph (6), the Director of the Peace Corps may make appointments or assignments of United States citizens under paragraph (2) for periods of more than five years only in the case of individuals whose performance as employees of the Peace Corps has been exceptional and only in order to achieve one or more of the following purposes:

(A) To permit individuals who have served at least two and one-half years of such an appointment or assignment abroad to serve in the United States thereafter.

(B) To permit individuals who have served at least two and one-half years of such an appointment or assignment in the United States to serve abroad thereafter.

(C) To permit individuals who have served at least two and one-half years of such an appointment or assignment in a recruitment, selection, or training activity to be reassigned to an activity other than the one in which they have most recently so served.

(D) To promote the continuity of functions in administering the Peace Corps.

At no time may the number of appointments or assignments of United States citizens in effect under paragraph (2) for periods in excess of five years exceed fifteen percent of the total of all appointments and assignments of United States citizens then in effect under paragraph (2).

(6) 55 Notwithstanding the limitation set forth in paragraph (2)(A) on the length of an appointment or assignment under paragraph (2) and notwithstanding the limitations set forth in paragraph (5) on the circumstances under such an appointment or assignment may exceed five years, the Director of the Peace Corps, under special circumstances, may personally approve an extension of an appointment or assignment under paragraph (2) for not more than one year on an individual basis.

(b) 56 [Repealed-1981]

*

(c) 57 In each country or area in which volunteers serve abroad, the President may appoint an employee or a volunteer as a Peace

53 The word "individual" was substituted in lieu of "person" by sec. 2202(b)(2)(B) of Public Law 96-465 (94 Stat. 2158).

54 The words "continuous basis without a break in service of more than three days," were substituted in lieu of the words "substantially continuous basis" by sec. 2202(b)2XC) of Public Law 96-465 (94 Stat. 2158).

55 Sec. 1103(a)(2) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272) added pars. (5) and (6).

56 Subsec. (b), as amended by Public Law 89-134, was repealed by sec. 2205(9) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160). Subsec. (b) had authorized the President to prescribe by regulation standards for maintaining adequate performance levels for persons performing functions under this Act outside of the United States.

57 Sec. 4(d) of Public Law 89-134 amended this subsection by substituting “(c)" for "(e)" and "(a)" for "(c)".

Corps representative to have direction of other employees of the Peace Corps abroad and to oversee the activities carried on under this Act in such country or area. Unless a representative is a volunteer, the compensation, allowances and benefits, and other terms and conditions of service of each such representative, shall be the same as those of a person appointed or assigned pursuant to paragraph (1) or (2) of subsection (a) of this section, except that any such representative may, notwithstanding any provision of law, be removed by the President in his discretion.

VOLUNTEER TRAINING

Sec. 8.58 (a) The President shall make provision for such training as he deems appropriate for each applicant for enrollment as a volunteer and each enrolled volunteer. All of the provisions of this Act applicable respectively to volunteers and volunteer leaders shall be applicable to applicants for enrollment as such during any period of training occurring prior to enrollment, and the respective terms "volunteers" and "volunteer leaders" shall include such applicants during any such period of training.

(b) The President may also make provision, on the basis of advances of funds or reimbursement to the United States, for training for citizens of the United States, other than those referred to in subsection (a) of this section, who have been selected for service abroad in programs not carried out under authority of this Act which are similar to those authorized by this Act. The provisions of section 9 of this Act shall apply, on a similar advance of funds or a reimbursement basis, with respect to persons while within the United States for training under authority of this subsection. Advances or reimbursements received under this subsection may be credited to the current applicable appropriation, fund, or account and shall be available for the purposes for which such appropriation, fund, or account is authorized to be used.

(c) Training hereinabove provided for, shall include instruction in the philosophy, strategy, tactics, and menace of communism.

PARTICIPATION OF FOREIGN NATIONALS

Sec. 9.59 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 costsharing arrangements, where appropriate, the President may make provision for transportation, housing, subsistence, or per diem in lieu thereof, and health care or health and accident insurance for foreign nationals engaged in activities authorized by this Act while they are away from their homes, without regard to the provisions of any other law: Provided, however, That per diem in lieu of subsistence furnished to such persons shall not be at rates higher than those prescribed by the Secretary of State pursuant to section 12 of Public Law 84-855 60 (70 Stat. 890). Such persons, and persons

58 22 U.S.C. 2507.

59 22 U.S.C. 2508.

60 22 U.S.C. 2679.