§ 2501-1. — Independent agency status of Peace Corps.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2501-1]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 34--THE PEACE CORPS
Sec. 2501-1. Independent agency status of Peace Corps
Effective on December 29, 1981, the Peace Corps shall be an
independent agency within the executive branch and shall not be an
agency within the ACTION Agency, the successor to the ACTION Agency, or
any other department or agency of the United States.
(Pub. L. 87-293, title I, Sec. 2A as added Pub. L. 97-113, title VI,
Sec. 601(a), Dec. 29, 1981, 95 Stat. 1540; amended Pub. L. 103-82, title
IV, Sec. 405(e), Sept. 21, 1993, 107 Stat. 921.)
Amendments
1993--Pub. L. 103-82 inserted ``, the successor to the ACTION
Agency,''.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section
406(b) of Pub. L. 103-82, set out as a note under section 8332 of Title
5, Government Organization and Employees.
Transfer of Functions, Personnel, Etc., to Peace Corps
Section 601(b), (c) of Pub. L. 97-113 provided that:
``(b) There are transferred to the Director of the Peace Corps all
functions relating to the Peace Corps which were vested in the Director
of the ACTION Agency [now Corporation for National and Community
Service] on the day before the date of the enactment of this Act [Dec.
29, 1981].
``(c)(1) All personnel, assets liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds are are determined by the Director of the
Office of Management and Budget, after consultation with the Comptroller
General of the United States, the Director of the Peace Corps, and the
Director of the ACTION Agency, to be employed, held, used, or assumed
primarily in connection with any function relating to the Peace Corps
before the date of the enactment of this Act [Dec. 29, 1981] are
transferred to the Peace Corps. The transfer of unexpended balances
pursuant to the preceding sentence shall be subject to section 202 of
the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31
U.S.C. 1531].
``(2)(A) The transfer pursuant to this subsection of full-time
personnel (except special Government employees) and part-time personnel
holding permanent positions shall not cause any employee to be separated
or reduced in rank, class, grade, or compensation, or otherwise suffer a
loss of employment benefits for one year after--
``(i) the date on which the director of the Office of Management
and Budget submits the report required by subsection (f)(l) of this
section, or
``(ii) the effective date of the transfer of such employee,
whichever occurs later.
``(B) The personnel transferred pursuant to this subsection shall,
to the maximum extent feasible, be assigned to such related functions
and organizational units in the Peace Corps as such personnel were
assigned to immediately before the date of the enactment of this Act
[Dec. 29, 1981].
``(C) Collective-bargaining agreements in effect on the date of the
enactment of this Act [Dec. 29, 1981] covering personnel transferred
pursuant to this subsection or employed on such date of enactment [Dec.
29, 1981] by the Peace Corps shall continue to be recognized by the
Peace Corps until the termination date of such agreements or until such
agreements are modified in accordance with applicable procedures.
``(3) Under such regulations as the President may prescribe, each
person who, immediately before the date of the enactment of this Act
[Dec. 29, 1981], does not hold an appointment under section 7(a)(2) of
the Peace Corps Act [22 U.S.C. 2506(a)(2)] and who is determined under
paragraph (1) of this subsection to be employed primarily in connection
with any function relating to the Peace Corps shall, effective on the
date of the enactment of this Act [Dec. 29, 1981], and notwithstanding
subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be appointed
a member of the Foreign Service under section 7(a)(2) of the Peace Corps
Act [22 U.S.C. 2506(a)(2)], and be appointed or assigned to an
appropriate class of the Foreign Service, except that--
``(A) any person who, immediately before such date of enactment
[Dec. 29, 1981], holds a career or career-conditional appointment
shall not, without the consent of such person, be so appointed until
three years after such date of enactment [Dec. 29, 1981], during
which period any such person not consenting to be so appointed may
continue to hold such career or career-conditional appointment; and
``(B) each person so appointed who, immediately before such date
of enactment [Dec. 29, 1981], held a career or career-conditional
appointment at grade GS-8 or lower of the General Schedule
established by section 5332 of title 5, United States Code, shall be
appointed a member of the Foreign Service for the duration of
operations under the Peace Corps Act [this chapter].
Each person appointed under this paragraph shall receive basic
compensation at the rate of such person's class determined by the
President to be appropriate, except that the rate of basic compensation
received by such person immediately before the effective date of such
person's appointment under this paragraph shall not be reduced as a
result of the provisions of this paragraph.''
References to ACTION Agency or Director of ACTION Agency With Respect to
Peace Corps or Director Functions or Activities
Section 601(g) of Pub. L. 97-113 provided that: ``References in any
statute, reorganization plan, Executive order, regulation, or other
official document or proceeding to the ACTION Agency [now Corporation
for National and Community Service] or the Director of the ACTION Agency
with respect to functions or activities relating to the Peace Corps
shall be deemed to refer to the Peace Corps or the Director of the Peace
Corps, respectively.''
