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 89-134 [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, 170; 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; and by Public Law 95-331 [H.R. 11877], 92 Stat. 414, approved August 2, 1978.

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".

DECLARATION OF PURPOSE

SEC. 2.2 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.

1 22 U.S.C. § 2501 note.

22 U.S.C. § 2501.

3 The words beginning with "particularly in meeting Public Law 95-331 (92 Stat. 414).

were added by Sec. 2 of

36-588 - 79-26

AUTHORIZATION

SEC. 3. (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.

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(b) There are authorized to be appropriated to carry out the purposes of this Act (1) for fiscal year 1978 not to exceed $86.544,000, and (2) for fiscal year 1979 not to exceed $112,424,000 of which $1,000,000 shall be available only for Peace Corps contributions to the United Nations volunteer program: Provided, however, That not to exceed $500,000 of funds made available hereunder for fiscal year 1967 shall be obligated under contracts or agreements to carry out research: Provided further, That no such contracts or agreements shall be executed unless the research in question relates to the basic responsibilities of the Peace Corps. Unobligated balances of 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, for fiscal year 1978, $1,069,000, and for fiscal year 1979 such sums as may be necessary."

(d) The Director of ACTION shall transfer to the readjustment allowance, ACTION, account at the Treasury Department, no later than December 31, 1975, not to exceed $315,000 from any sums available to carry out the purposes of this Act in fiscal year 1976 to rectify the imbalance in the Peace Corps readjustment allowance account for the period March 1, 1961, to February 28, 1973.

(e) The Director of ACTION is authorized to waive claims resulting from erroneous payments of readjustment allowances to Peace Corps Volunteers who terminated their volunteer service between March 1, 1961, and February 28, 1973, notwithstanding the provisions of section 5584 of title 5, United States Code, and notwithstanding the fact that the names of the recipients of such overpayments may be unknown.

(f) Disbursing and certifying officers of the Peace Corps and ACTION are relieved from liability for improper or incorrect pay

22 U.S.C. § 2502.

5 Sec. 3(1) of Public Law 95-331 increased the authorization for fiscal year 1978 from $82,900.000 and added fiscal year 1979 authorization. Authorizations for prior fiscal years include: FY 1976---$88.468,000; FY 19TQ-$27,887,800: FY 1977-$81,000,000.

FA Appropriations Act, 1979: "For expenses necessary for Action to carry out the povisions of the Peace Corps Act, as amended (22 U.S.C. 2051 et seq.), $95.000.000: Provided, That of the funds appropriated under this heading, not more than $320,000 shall be available for the United Nations Volunteer Program: Provided further, That none of the funds appropriated in this paragraph shall be used to pay for abortions."

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).

7 The authorization figure for fiscal year 1978 was increased from $1,000,000 to $1,069.000 by Sec. 3(2) of Public Law 95-331 (92 Stat. 414). Such Act also added the reference to fiscal year 1979.

8 Added by Sec. 2 of Public Law 93-302 and amended by Sec. 3 of Public Law 94-130. Added by Sec. 2 of Public Law 93-302 (88 Stat. 191).

ments of readjustment allowances made to volunteers between March 1, 1961, and February 28, 1973, other than any cases known to have resulted from fraud, notwithstanding the provisions of the first section of the Act entitled "An Act to provide permanent authority for the relief of certain disbursing officers, and for other purposes", approved August 11, 1955 (31 U.S.Č. 82a-2), and of section 2 of the Act entitled "An Act to fix the responsibilities of disbursing and certifying officers, and for other purposes", approved December 29, 1941 (31 U.S.C. 82c). (g) 10 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.

DIRECTOR OF THE PEACE CORPS AND DELEGATION OF FUNCTIONS

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SEC. 4. (a) The President may appoint, by and with the advice and consent of the Senate, a Director of the Peace Corps 12 and a Deputy Director of the Peace Corps.12 13

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(b) The President may exercise any functions vested in him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or any such officer 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) 15 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.

10 Subsection (g) was added by Sec. 3(3) of Public Law 95-331 (92 Stat. 414). 11 22 U.S.C. § 2503.

12 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).

13 Under Sec. 225(h) of Public Law 90-206, 81 Stat. 644, the President's January 15, 1969, salary recommendations (34 F.R. 2241) established the annual basic compensation of: $40,000 for the Director of the Peace Corps; $38,000 for the Deputy Director of the Peace Corps; $36,000 for the Associate Director for Volunteers, Peace Corps; and $36,000 for the Associate Director for Program Development and Operations, Peace Corps. 14 See Executive Order 11603, p. 406.

15 Added by sec. 2 of Public Law 91-352 (84 Stat. 426). The function prescribed in this subsection was transferred to the President by Sec. 2 (b) of Reorganization Plan No. 1 of

(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. 5.16 (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 out this subsection no political test shall be required to be taken into consideration, nor shall there be any discrimination against any person on account of race, sex, creed, or color.

(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." 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) 18 Volunteers 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.19 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

16 22 U.S.C. § 2504 Sec. 4 of Public Law 94-130 added "sex" to the bases for nondiscrimination.

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

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

"(c) Volunteers shall be entitled to receive termination payments at a rate not to 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.

19 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."

determine, the accrued readjustment allowance, or any part therof, 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.

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(d) [Repealed by Public Law 89-554 (80 Stat. 378 at 661; 22 U.S.C. 2509).]

(e) 21 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.

20 Public Law 89-554 repealed subsection (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 date of 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 him 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." 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."