
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2506]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 34--THE PEACE CORPS
 
Sec. 2506. Peace Corps employees


(a) Foreign employment; compensation, allowances, and benefits; 
        utilization of Presidential authority respecting Foreign 
        Service; additional compensation and differentials; additional 
        governmental employment by person receiving Foreign Service 
        Reserve or staff appointment or assignment; limitation on length 
        of employment

    (1) For the purpose of performing functions under this chapter 
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 [22 U.S.C. 3962, 3963], 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 [22 U.S.C. 3950] for persons appointed to the Foreign 
Service.
    (2) The President may utilize such authority contained in the 
Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.] 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 chapter, 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); and
        (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. Such provisions of the Foreign Service Act of 1980 [22 U.S.C. 
3901 et seq.] (other than the provisions of section 309 [22 U.S.C. 
3949]) 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 [22 U.S.C. 3950], except that (i) 
the President may by regulation make exceptions to the application of 
section 310 [22 U.S.C. 3950] 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 
206(a)(1) of title 29.
    (3) The President may specify what additional allowance authorized 
by section 5941 of title 5 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 referred to in this 
paragraph.
    (4) 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 without competitive 
    examination and in accordance with such regulations and conditions 
    consistent with this subsection 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 (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, and (ii) is qualified for the position in question.
    (5) 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) 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 which 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) Repealed. Pub. L. 96-465, title II, Sec. 2205(9), Oct. 17, 1980, 94 
        Stat. 2160

(c) Peace Corps representatives; terms and conditions of service; 
        removal

    In each country or area in which volunteers serve abroad, the 
President may appoint an employee or a volunteer as a Peace Corps 
representative to have direction of other employees of the Peace Corps 
abroad and to oversee the activities carried on under this chapter 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.

(Pub. L. 87-293, title I, Sec. 7, Sept. 22, 1961, 75 Stat. 615; Pub. L. 
87-793, Sec. 1001(l), Oct. 11, 1962, 76 Stat. 865; Pub. L. 88-200, 
Sec. 4, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89-134, Sec. 4, Aug. 24, 
1965, 79 Stat. 549; Pub. L. 91-352, Sec. 5, July 24, 1970, 84 Stat. 465; 
Pub. L. 96-53, title III, Sec. 302, Aug. 14, 1979, 93 Stat. 371; Pub. L. 
96-465, title II, Secs. 2202(b), 2205(9), Oct. 17, 1980, 94 Stat. 2157, 
2160; Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct. 
12, 1984, 98 Stat. 1884, 1903; Pub. L. 99-83, title XI, Sec. 1103(a), 
Aug. 8, 1985, 99 Stat. 272.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, known 
as the Peace Corps Act. For complete classification of this Act to the 
Code, see Short Title note set out under section 2501 of this title and 
Tables.
    The Foreign Service Act of 1980, referred to in subsec. (a)(1), (2), 
is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is 
classified principally to chapter 52 (Sec. 3901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 3901 of this title and Tables.
    The effective date of this paragraph, referred to in subsec. (a)(4), 
probably means the effective date of Pub. L. 96-53, Aug. 14, 1979, 93 
Stat. 359, section 302 of which added subsec. (a)(4) and which became 
effective Oct. 1, 1979, see Effective Date of 1979 Amendment note below.

                          Codification

    Amendment by Pub. L. 98-473 is based on section 703 of H.R. 5119, 
Ninety-eighth Congress, as passed by the House of Representatives May 
10, 1984, which was enacted into permanent law by Pub. L. 98-473.


                               Amendments

    1985--Subsec. (a)(2)(A). Pub. L. 99-83, Sec. 1103(a)(1), substituted 
``seven and one-half'' for ``five'', substituted ``, subject to 
paragraph (5) and except as provided in paragraph (6)'' for ``unless the 
Director of the Peace Corps, under special circumstances, personally 
approves an extension of not more than one year on an individual 
basis'', and inserted reference to section 309 of the Foreign Service 
Act of 1980.
    Subsec. (a)(5), (6). Pub. L. 99-83, Sec. 1103(a)(2), added pars. (5) 
and (6).
    1984--Subsec. (a)(2). Pub. L. 98-473 inserted provision that 
subparagraphs (A) and (B) do not apply with respect to foreign national 
employees.
    1980--Subsec. (a)(1). Pub. L. 96-465, Sec. 2202(b)(1)(A), 
substituted ``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'' for ``, 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.)'' and ``section 310'' for ``section 528'' and struck out reference 
to the applicability of section 1005 of the Foreign Service Act of 1946.
    Subsec. (a)(2). Pub. L. 96-465, Sec. 2202(b)(1)(B), among other 
changes, substituted references to the Foreign Service Act of 1980 for 
references to the Foreign Service Act of 1946 and references to class 9 
for class 10, and inserted provision relating to section 206(a)(1) of 
title 29.
    Subsec. (a)(4). Pub. L. 96-465, Sec. 2202(b)(2), among other 
changes, struck out provisions relating to the time Congress enacts 
Foreign Service personnel reform legislation, inserted reference to 
September 30, 1982, and substituted ``such individual'' for ``such 
person'' and ``continuous basis without a break in service of more than 
three days'' for ``substantially continuous basis''.
    Subsec. (b). Pub. L. 96-465, Sec. 2205(9), struck out subsec. (b) 
which related to criteria for performance of foreign employment, 
separation, and severance benefits. See sections 3922 and 4007 to 4009 
of this title.
    1979--Subsec. (a)(4). Pub. L. 96-53 added par. (4).
    1970--Subsec. (a)(3). Pub. L. 91-352 substantially reenacted 
provisions and substituted references to section 5941 of title 5, and 
sections 5923 through 5925 of such title 5, for references to section 
118h of title 5 and title II of the Overseas Differentials and 
Allowances Act.
    1965--Subsec. (a). Pub. L. 89-134, Sec. 4(a), (b), redesignated 
subsec. (c) as (a), incorporated into par. (1) material formerly set out 
as introductory material, spelled out the authority of the President to 
utilize his authority to appoint and assign persons under the Foreign 
Service Act of 1946 by making specific reference to his authority as it 
related to Foreign Service Reserve Officers, Foreign Service Staff 
officers and employees, alien clerks and employees and other Government 
officers and employees apart from the Foreign Service, limited to five-
year duration all Foreign Service Reserve or Staff appointments and 
assignments unless the Director of the Peace Corps personally approved 
one-years extensions on an individual basis, prohibited reappointment or 
reassignment under this par. before expiration of a period of time equal 
to the length of the appointee's preceding tour of duty, inserted 
proviso in par. (2) allowing appointment of an unenumerated class of 
Foreign Service staff officers and employees ranking below class 10 to 
be paid basic compensation at rates lower than those of class 10 to 
perform duties of a more routine nature than are usually performed by 
Foreign Service staff officers and employees of class 10, and, in par. 
(3), inserted reference to section 118h of title 5 and substituted 
reference to subsec. (a) for reference to subsec. (c). Former subsec. 
(a), relating to domestic employment, was repealed.
    Subsec. (b). Pub. L. 89-134, Sec. 4(c), redesignated subsec. (d) as 
(b), inserted ``for the purpose of performing functions under this 
chapter outside the United States'' after ``or assigned'', and 
substituted reference to subsec. (a)(2) for reference to subsec. (c)(2). 
Former subsec. (b), relating to compensation for domestic employment, 
was repealed.
    Subsec. (c). Pub. L. 89-134, Sec. 4(d), redesignated subsec. (e) as 
(c) and substituted reference to subsec. (a) of this section for 
reference to subsec. (c) of this section. Former subsec. (c) 
redesignated (a).
    Subsecs. (d), (e). Pub. L. 89-134, Sec. 4(c), (d), redesignated 
subsecs. (d) and (e) as (b) and (c), respectively.
    1963--Subsec. (b). Pub. L. 88-200 struck out ``so'' before 
``employed''.
    1962--Subsec. (b). Pub. L. 87-793 substituted ``but not in excess of 
the highest grade 18 of such general schedule'' for ``and of these not 
to exceed two may be compensated at a rate in excess of the highest rate 
provided for grades of such general schedule but not in excess of 
$19,000 per year''.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this 
title.


                    Effective Date of 1965 Amendment

    Section 5(a) of Pub. L. 89-134 provided that: ``Section 4 of this 
Act [amending this section] shall not become effective until the first 
day of the fourth pay period which begins after the date this Act 
becomes law. [Aug. 24, 1965].''


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-793 effective on first day of first pay 
period which begins on or after Oct. 11, 1962, see section 1008 of Pub. 
L. 87-793.

                         Delegation of Functions

    Functions of President under this section delegated to Director of 
Peace Corps by section 1-103 of Ex. Ord. No. 12137, May 16, 1979, 44 
F.R. 29023, eff. May 16, 1979, set out as a note under section 2501 of 
this title.


        Coordination of Changes in Policy With Secretary of State

    Any substantial changes in policies in effect on May 16, 1979, for 
the utilization of the Foreign Service Act of 1980 (Sec. 3901 et seq. of 
this title) pursuant to this section are to be coordinated with the 
Secretary of State, see section 1-111 of Ex. Ord. No. 12137, May 16, 
1979, 44 F.R. 29023, set out as a note under section 2501 of this title.


                           Reports to Congress

    Section 1103(b) of Pub. L. 99-83, which required the Director of the 
Peace Corps to submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives reports on the exercise of certain appointment authority 
granted under section 1103(a) of Pub. L. 99-83 (amending subsec. (a) of 
this section), terminated, effective May 15, 2000, pursuant to section 
3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 
of Title 31, Money and Finance. See, also, page 189 of House Document 
No. 103-7.


      Benefits for Persons Appointed or Assigned Under Subsec. (a)

    Persons appointed, employed, or assigned under subsec. (a) of this 
section are not, unless otherwise agreed by the agency in which such 
benefits may be exercised, entitled to the benefits provided by section 
928 of this title in cases in which their service under the appointment, 
employment, or assignment exceeds thirty months, see section 1-401 of 
Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023, set out as a note under 
section 2501 of this title.


  Transfer of Washington Headquarters Personnel from Civil Service to 
                      Foreign Service Appointments

    Section 5(b) of Pub. L. 89-134 provided that: ``Under such 
regulations as the President may prescribe, each person employed under 
authorities repealed by section 4(a) of this Act [which repealed former 
subsecs. (a) and (b) of this section providing for employment of 
Washington headquarters personnel in accordance with standard civil 
service laws] immediately prior to the effective date of that section 
[see Effective Date of 1965 Amendment note above] shall effective on 
that date be appointed a Foreign Service Reserve officer or Foreign 
Service staff officer or employee under the authority of section 7(a)(2) 
of the Peace Corps Act [subsec. (a)(2) of this section], as amended, and 
appointed or assigned to an appropriate class thereof; except that--
        ``(1) no person who holds a career or career-conditional 
    appointment immediately prior to the effective date of section 4(a) 
    of this Act [see effective date of 1965 Amendment note above] shall, 
    without his consent, be so appointed until three years after such 
    effective date; and
        ``(2) each person so appointed who, immediately prior to the 
    effective date of section 4(a) of this Act [see effective date of 
    1965 Amendment note above], held a career or career-conditional 
    appointment at grade 8 or below of the General Schedule established 
    by the Classification Act of 1949, as amended [see Sec. 5101 et seq. 
    of Title 5, Government Organization and Employees], shall receive an 
    appointment for the duration of operations under the Peace Corps 
    Act, as amended [see Short Title note set out under section 2501 of 
    this title].
Each person appointed under this subsection shall receive basic 
compensation at the rate of his class determined by the President to be 
appropriate, but the rate of basic compensation received by such person 
immediately prior to the effective date of his appointment under this 
subsection shall not be reduced by the provisions of this subsection.''
    [Functions of the President conferred by section 5(b) of Pub. L. 89-
134, set out above, to prescribe regulations and make determinations 
(relating to appointment of Peace Corps Employees in the Foreign Service 
System) were delegated to the Director of the Peace Corps, by section 1-
105 of Ex. Ord. No. 12137, May 16, 1976, 44 F.R. 29023, set out as a 
note under section 2501 of this title. Such functions were previously 
transferred from the President to the Director of ACTION [now 
Corporation for National and Community Service] by section 102(c) of Ex. 
Ord. No. 11603, June 30, 1971, 36 F.R. 12675, set out as a note under 
section 2501 of this title, which was superseded by section 1-707 of Ex. 
Ord. No. 12137.]

                  Section Referred to in Other Sections

    This section is referred to in section 2514 of this title.
