C. THE PEACE CORPS

CONTENTS

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1. The Peace Corps Act, as amended..

989

2. Establishment of the Peace Corps as an Independent Agency (Public Law 97-113) (partial text).

1017

3. Peace Corps Authorization for Fiscal Years 1986 and 1987 (Public Law 9983) (partial text)..

1020

4. Independent Implementing Provisions of Public Law 89-134. 5. The Peace Corps (Executive Order 12137)...

1021

1022

6. Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Civil Service (Executive Order 11103)....

1027

The Peace Corps was initially established pursuant to Executive Order, 10924, March 1, 1961, 26 F.R. 1789, as an agency in the Department of State, under authority of the Mutual Security Act of 1954, as amended. Pursuant to that order, Department of State Delegation of Authority No. 85-11, March 3, 1961, 26 F.R. 2196, and Department of State Redelegation of Authority No. 85-10B, March 4, 1961, 26 F.R. 2196, the Peace Corps was empowered to exercise authority under section 400(a) of the Mutual Security Act of 1954, as amended ("Special Assistance"), and under certain other provisions of that act. Its operations were funded from appropriations available under the Mutual Security Act and Mutual Security Program funds appropriated by the joint resolution making temporary appropriations for fiscal year 1962. The authorities, functions, offices, personnel, property, records, and funds available to the Peace Corps were preserved, pending enactment of the Peace Corps Act, by section 643(d) of the Foreign Assistance Act of 1961, notwithstanding the repeal by that act of much of the Mutual Security Act of 1954, as amended. Section 643(d) was repealed by the Foreign Assistance Act of 1962. Pursuant to Executive Order 11603 of July 1, 1971 (36 F.R. 12675), the Peace Corps was transferred to the agency created by Reorganization Plan No. 1 of 1971 and designated as ACTION. The ACTION Agency was established by law under Title IV of the Domestic Volunteer Service Act of 1973. Executive Order 12137 of May 16, 1979 superseded Executive Order 11603 but continued the policy of the Peace Corps operating as an agency within ACTION. Sec. 601 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113), in amending the Peace Corps Act, removed the Peace Corps from ACTION and established the Peace Corps as an independent agency within the executive branch, effective December 29, 1981. All functions relating to the Peace Corps previously vested in the Director of ACTION were transferred to the Director of the Peace Corps on the day before the effective date.

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".

1 22 U.S.C. 2501 note.

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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.

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(b) 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.3

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). 4 The words beginning with "particularly in meeting were added by sec. 2 of Public Law 95-331 (92 Stat. 414).

5 22 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 the balance of sec. 601 of Public Law 97-113 (page 1017).

6 22 U.S.C. 2502.

Congress did not enact an authorization for fiscal year 1988. Instead, the Continuing Appro priations Act for Fiscal Year 1988 (Public Law 100-202, 101 Stat. 1329) waived the requirement for authorizations and appropriated the following:

"For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612, $146,200,000, including the purchase of not to exceed five passenger motor vehicles for adminis trative purposes for use outside of the United States: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions Provided further, That notwithstanding the provisions of section 7(a)(2)(A) of the Peace Corps Act (22 U.S.C. 2506(a)21A), the time-limited appointment as a member of the Foreign Service of an individual (1) who on April 1, 1987, held such appointment pursuant to section 601(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1540), and (2) who previously held an appointment for the duration of operations under the Peace Corps Act pursuant to section 5(b) of Public Law 89-134 (79 Stat. 551), shall, effective on the date of the enactment of this Continued

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, such sums as may be necessary.9

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

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[Repealed-1981] [Repealed-1981] [Repealed-1981]

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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.

Act, be deemed to be an appointment for the duration of operations under the Peace Corps Act

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 197T-$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.

8 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) as 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).