§ 2504. — Peace Corps volunteers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2504]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 34--THE PEACE CORPS
Sec. 2504. Peace Corps volunteers
(a) Persons eligible; terms and conditions of service; Federal employee
status; racial, sex, religious, or color discrimination
The President may enroll in the Peace Corps for service abroad
qualified citizens and nationals of the United States (referred to in
this chapter 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 chapter and
those consistent therewith which the President may prescribe; and,
except as provided in this chapter, 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, there shall be no discrimination against any person on
account of race, sex, creed, or color.
(b) Living allowances, travel, leave and related items; transfers of
supplies and equipment
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 chapter. Transportation and
travel allowances may also be provided, in such circumstances as the
President may determine, for 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) Readjustment allowances
Volunteers shall be entitled to receive a readjustment allowance at
a rate not less than $125 for each month of satisfactory service as
determined by the President. 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 determine,
the accrued readjustment allowance, or any part thereof, 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. For purposes of the Internal
Revenue Code of 1986, 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 chapter to the fund from which such readjustment
allowance is payable.
(d) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 661
(e) Health care
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
2507(a) of this title 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
chapter. Health care may not be provided under this subsection in a
manner inconsistent with the Assisted Suicide Funding Restriction Act of
1997 [42 U.S.C. 14401 et seq.].
(f) Retirement and other credits based upon length of service
(1) Any period of satisfactory service of a volunteer under this
chapter shall be credited in connection with subsequent employment in
the same manner as a like period of civilian employment by the United
States Government--
(A) for the purposes of section 816(a) of the Foreign Service
Act of 1980 [22 U.S.C. 4056(a)] and every other Act establishing a
retirement system for civilian employees of any United States
Government agency; and
(B) except as otherwise determined by the President, for the
purposes of determining seniority, reduction in force, and layoff
rights, leave entitlement, and other rights and privileges based
upon length of service under the laws administered by the Office of
Personnel Management, the Foreign Service Act of 1980 [22 U.S.C.
3901 et seq.], and every other Act establishing or governing terms
and conditions of service of civilian employees of the United States
Government: Provided, That service of a volunteer shall not be
credited toward completion of any probationary or trial period or
completion of any service requirement for career appointment.
(2) For the purposes of paragraph (1)(A) of this subsection,
volunteers and volunteer leaders shall be deemed to be receiving
compensation during their service at the respective rates of
readjustment allowances payable under subsection (c) of this section and
section 2505(1) of this title.
(g) Assignment to other entities
The President may detail or assign volunteers or otherwise make them
available to any entity referred to in paragraph (1) of section 2509(a)
of this title on such terms and conditions as he may determine:
Provided, That not to exceed two hundred volunteers may be assigned to
carry out secretarial or clerical duties on the staffs of the Peace
Corps representatives abroad: Provided, however, That any volunteer so
detailed or assigned shall continue to be entitled to the allowances,
benefits and privileges of volunteers authorized under or pursuant to
this chapter.
(h) Tort claims; absentee voting; general average contributions for
transportation of baggage; check cashing and currency exchange;
claims for overpayment of pay; passport fees
Volunteers shall be deemed employees of the United States Government
for the purposes of the Federal Tort Claims Act and any other Federal
tort liability statute, section 3342 of title 31, section 5732 and
section 5584 of title 5 (and readjustment allowances paid under this
chapter shall be considered as pay for purposes of such section), and
section 214 of this title.
(i) Termination of service
The service of a volunteer may be terminated at any time at the
pleasure of the President.
(j) Oath of office
Upon enrollment in the Peace Corps, every volunteer shall take the
oath prescribed for persons appointed to any office of honor or profit
by section 3331 of title 5.
(k) Counseling programs for returned volunteers
In order to assure that the skills and experience which former
volunteers have derived from their training and their service abroad are
best utilized in the national interest, the President may, in
cooperation with agencies of the United States, private employers,
educational institutions and other entities of the United States,
undertake programs under which volunteers would be counseled with
respect to opportunities for further education and employment.
(l) Legal expenses of defendant in judicial or administrative
proceedings
Notwithstanding any other provision of law, counsel may be employed
and counsel fees, court costs, bail, and other expenses incident to the
defense of volunteers may be paid in foreign judicial or administrative
proceedings to which volunteers have been made parties.
(m) Allowances and expenses of minor children
The minor children of a volunteer living with the volunteer may
receive--
(1) such living, travel, education, and leave allowances, such
housing, transportation, subsistence, and essential special items of
clothing as the President may determine;
(2) such health care, including health care following the
volunteer's service for illness or injury incurred during such
service, and health and accident insurance, as the President may
determine and upon such terms as he may determine, including health
care in any facility referred to in subsection (e) of this section,
subject to such conditions as the President may prescribe and
subject to reimbursement of appropriations as provided in such
subsection (e);
(3) such orientation, language, and other training necessary to
accomplish the purposes of this chapter as the President may
determine; and
(4) the benefits of subsection (l) of this section on the same
basis as volunteers.
(n) Moving expenses
The costs of packing and unpacking, transporting 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.
(Pub. L. 87-293, title I, Sec. 5, Sept. 22, 1961, 75 Stat. 613; Pub. L.
88-200, Sec. 2, Dec. 13, 1963, 77 Stat. 359; Pub. L. 89-134, Sec. 2,
Aug. 24, 1965, 79 Stat. 549; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,
80 Stat. 661, 662; Pub. L. 89-572, Sec. 2(a), Sept. 13, 1966, 80 Stat.
765; Pub. L. 91-99, Sec. 2, Oct. 29, 1969, 83 Stat. 166; Pub. L. 91-352,
Sec. 3, July 24, 1970, 84 Stat. 464; Pub. L. 94-130, Secs. 4, 6, Nov.
14, 1975, 89 Stat. 684; Pub. L. 95-331, Sec. 4, Aug. 2, 1978, 92 Stat.
414; Pub. L. 96-465, title II, Sec. 2202(a), Oct. 17, 1980, 94 Stat.
2157; Pub. L. 97-113, title VI, Secs. 604(b), 606, Dec. 29, 1981, 95
Stat. 1543; Pub. L. 99-83, title XI, Sec. 1105(b), Aug. 8, 1985, 99
Stat. 276; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 105-12, Sec. 9(j), Apr. 30, 1997, 111 Stat. 27; Pub. L. 106-30,
Sec. 2(b)(1)-(3), May 21, 1999, 113 Stat. 55.)
References in Text
This chapter, referred to in subsecs. (a), (e) to (h), and (m), 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 Internal Revenue Code of 1986, referred to in subsec. (c), is
classified generally to Title 26, Internal Revenue Code.
The Assisted Suicide Funding Restriction Act of 1997, referred to in
subsec. (e), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which is
classified principally to chapter 138 (Sec. 14401 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 14401 of Title
42 and Tables.
The Foreign Service Act of 1980, referred to in subsec. (f)(1), 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 Federal Tort Claims Act, referred to in subsec. (h), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
Amendments
1999--Subsec. (f)(1)(B). Pub. L. 106-30, Sec. 2(b)(1), substituted
``Office of Personnel Management'' for ``Civil Service Commission''.
Subsec. (h). Pub. L. 106-30, Sec. 2(b)(2), substituted ``section
3342 of title 31, section 5732 and'' for ``the Federal Voting Assistance
Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June 4, 1954, chapter
264, section 4 (5 U.S.C. 73b-5), the Act of December 23, 1944, chapter
716, section 1, as amended (31 U.S.C. 492a),''.
Subsec. (j). Pub. L. 106-30, Sec. 2(b)(3), substituted ``section
3331 of title 5.'' for ``section 1757 of the Revised Statutes of the
United States, as amended (5 U.S.C. 16), and shall swear (or affirm)
that he does not advocate the overthrow of our constitutional form of
government in the United States, and that he is not a member of an
organization that advocates the overthrow of our constitutional form of
government in the United States, knowing that such organization so
advocates.''
1997--Subsec. (e). Pub. L. 105-12 inserted at end ``Health care may
not be provided under this subsection in a manner inconsistent with the
Assisted Suicide Funding Restriction Act of 1997.''
1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1985--Subsec. (a). Pub. L. 99-83 in amending last sentence
generally, struck out provisions prohibiting political tests.
1981--Subsec. (c). Pub. L. 97-113, Sec. 606, substituted ``not less
than $125'' for ``not to exceed $125''.
Subsec. (h). Pub. L. 97-113, Sec. 604(b), struck out provision
making section 2702 of this title, relating to malpractice protection,
applicable to volunteers and vesting the President with the authority
reposed in the Secretary of State in section 2702(f) of this title, and
deeming a Peace Corps representative to be a principal representative of
the United States for purposes of section 2702(g) of this title. See
section 2509(i) and (j) of this title.
1980--Subsec. (f)(1)(A). Pub. L. 96-465, Sec. 2202- (a)(1)(A),
substituted ``section 816(a) of the Foreign Service Act of 1980'' for
``section 852(a)(1) of the Foreign Service Act of 1946, as amended (22
U.S.C. 1092(a)(1)),''.
Subsec. (f)(1)(B). Pub. L. 96-465, Sec. 2202(a)(1)(B), substituted
``Foreign Service Act of 1980'' for ``Foreign Service Act of 1946''.
Subsec. (h). Pub. L. 96-465, Sec. 2202(a)(2), substituted ``section
2702 of this title'' for ``section 817 of this title'' and ``President''
for ``Director of ACTION''.
1978--Subsec. (c). Pub. L. 95-331, Sec. 4(1), struck out provisions
relating to allowances for volunteers with minor children at the time of
their entering a period of pre-enrollment training.
Subsec. (h). Pub. L. 95-331, Sec. 4(2), inserted provisions relating
to applicability of malpractice protection.
1975--Subsec. (a). Pub. L. 94-130, Sec. 4, prohibited discrimination
against any person on account of sex.
Subsec. (c). Pub. L. 94-130, Sec. 6, substituted $125 for $75 in
initial clause of first sentence.
1970--Subsec. (c). Pub. L. 91-352, Sec. 3(a), inserted exception
that in case of volunteers having one or more children at time of
entering a period of pre-enrollment training, one parent would be
entitled to receive a readjustment allowance not exceeding $125 for each
month of satisfactory service as determined by the President, and
substituted ``section 5582(b) of title 5'' for ``section 61f of title
5''.
Subsecs. (m), (n). Pub. L. 91-352, Sec. 3(b), added subsecs. (m) and
(n).
1969--Subsec. (h). Pub. L. 91-99 inserted provision that for
purposes of section 5584 of title 5 (and readjustment allowances made
thereto) volunteers are to be deemed employees of the United States
Government.
1966--Subsec. (d). Repealed by Pub. L. 89-554, and now covered by
section 8142 of Title 5, Government Organization and Employees.
Subsec. (f). Repealed, as applicable to the Civil Service Retirement
Act, as amended, by Pub. L. 89-554, and now covered by section 8332(b)
of Title 5.
Subsec. (h). Repealed, as applicable to act June 4, 1954, chapter
264, section 5 (5 U.S.C. 73b-5), by Pub. L. 89-554, and now covered by
section 5732 of Title 5.
Subsec. (l). Pub. L. 89-572 added subsec. (l).
1965--Subsec. (c). Pub. L. 89-134, Sec. 2(a), provided that, for
purposes of the Internal Revenue Code of 1954, a volunteer is deemed to
be paid and to receive readjustment allowance to which he is entitled
after December 31, 1964, when the amount is transferred from funds made
available under this chapter to the fund from which the readjustment
allowance is paid.
Subsec. (e). Pub. L. 89-134, Sec. 2(b), extended health care
provisions to include health examinations for applicants for enrollment
preparatory to their service, immunization and dental care for
applicants who have accepted an invitation to begin a period of training
under section 2507(a) of this title, and health examinations to former
volunteers within six months after termination of their service.
Subsec. (g). Pub. L. 89-134, Sec. 2(c), authorized an increase from
100 to 200 in the number of volunteer secretaries and clerical workers
permitted to serve on the staffs of Peace Corps representatives abroad.
Subsec. (h). Pub. L. 89-134, Sec. 2(d), extended check cashing and
currency exchange transaction privileges of government employees to
Peace Corps volunteers.
1963--Subsec. (b). Pub. L. 88-200, Sec. 2(a), inserted provision for
transfer of supplies and equipment.
Subsec. (c). Pub. L. 88-200, Sec. 2(b), substituted ``a readjustment
allowance'' for ``termination payments'' in first sentence, the second
sentence reading ``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 determine, the accrued
readjustment allowance, or any part thereof, 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'' for ``The
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'' and ``readjustment
allowance'' for ``termination payment'' in third sentence.
Subsec. (f)(2). Pub. L. 88-200, Sec. 2(c), substituted
``readjustment allowances'' for ``termination payments.''
Subsec. (g). Pub. L. 88-200, Sec. 2(d), provided for assignment of
volunteers to duties on staffs of Peace Corps representatives abroad.
Subsec. (h). Pub. L. 88-200, Sec. 2(e), provided that volunteers
shall be deemed employees of the U.S. Government for the purposes of
absentee voting assistance and payment of general average contributions
for transportation of baggage.
Subsec. (k). Pub. L. 88-200, Sec. 2(f), added subsec. (k).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and applicable
to Federal payments made pursuant to obligations incurred after Apr. 30,
1997, for items and services provided on or after such date, subject to
also being applicable with respect to contracts entered into, renewed,
or extended after Apr. 30, 1997, as well as contracts entered into
before Apr. 30, 1997, to the extent permitted under such contracts, see
section 11 of Pub. L. 105-12, set out as an Effective Date note under
section 14401 of Title 42, The Public Health and Welfare.
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.
Delegation of Functions
Functions of President under this section, except those under
subsec. (f)(1)(B), delegated to Director of Peace Corps, with function
of prescribing conditions in subsec. (e) to be exercised in consultation
with head of agency responsible for facility, by sections 1-103, 1-106,
and 1-301(c) 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.
Evaluation of Health-Care Services Provided to Peace Corps Volunteers
Pub. L. 102-565, Sec. 3, Oct. 28, 1992, 106 Stat. 4266, provided
that:
``(a) In General.--The Director of the Peace Corps shall contract
with an eligible organization or organizations to conduct before January
1, 1997, a total of three evaluations of the health-care needs of the
Peace Corps volunteers and the adequacy of the system through which the
Peace Corps provides health-care services in meeting those needs.
``(b) Requirements of the Evaluations.--Each evaluation shall
include an assessment of the adequacy of the Peace Corps health-care
system--
``(1) to provide diagnostic, treatment, and referral services to
meet the health-care needs of Peace Corps volunteers, and
``(2) to conduct health examinations of applicants for
enrollment as Peace Corps volunteers and to provide immunization and
dental care preparatory to service of applicants for enrollment who
have accepted an invitation to begin a period of training for
service as a Peace Corps volunteer.
``(c) Reports to the Peace Corps.--An organization making an
evaluation under this section shall submit to the Director of the Peace
Corps a report containing its findings and recommendations not later
than May 31, 1993, December 31, 1994, and December 31, 1996, as the case
may be. Each report shall include recommendations regarding appropriate
standards and procedures for ensuring the furnishing of quality medical
care and for measuring the quality of care provided to Peace Corps
volunteers.
``(d) Report to Congress.--Not later than 90 days after receipt of a
report required by subsection (c), the Director of the Peace Corps shall
transmit the report, together with the Director's comments, to the
appropriate congressional committees.
``(e) Definitions.--For purposes of this section--
``(1) the term `appropriate congressional committees' means the
Committee on Foreign Relations and the Committee on Appropriations
of the Senate and the Committee on Foreign Affairs [now Committee on
International Relations] and the Committee on Appropriations of the
House of Representatives; and
``(2) the term `eligible organization' means an independent
health-care accreditation organization or other independent
organization with expertise in evaluating health-care systems
similar to that of the Peace Corps.''
Legal Expenses Incurred Prior to Sept. 13, 1966
Section 2(b) of Pub. L. 89-572 provided that: ``The authority
contained in subsection (a) [adding subsec. (l) to this section] shall
extend to counsels fees, costs, and other expenses of the types
specified therein that were incurred prior to the date of enactment of
this Act [Sept. 13, 1966].''
Ex. Ord. No. 11103. Appointment of Former Volunteers to Civilian Career
Services
Ex. Ord. No. 11103, Apr. 10, 1963, 28 F.R. 3571, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403) [see, generally, section 1101 et seq. of Title 5, Government
Organization and Employers], and section 1753 of the Revised Statutes
[section 3301 of Title 5], and as President of the United States, it is
hereby ordered as follows:
Section 1. Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the Executive Branch
may appoint in the competitive service any person who is certified by
the Director of the Peace Corps as having served satisfactorily as a
Volunteer or Volunteer Leader under the Peace Corps Act [see Short Title
note set out under section 2501 of this title] and who passes such
examination as the Office of Personnel Management may prescribe. Any
person so appointed shall, upon completion of the prescribed
probationary period, acquire a competitive status.
Sec. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such
service any person who is certified by the Director of the Peace Corps
as having served satisfactorily as a Volunteer or Volunteer Leader under
the Peace Corps Act [see Short Title note set out under section 2501 of
this title] and who passes such examination as such agency head may
prescribe.
Sec. 3. Certificates of satisfactory service for the purposes of
this order shall be issued only to persons who have completed a full
term of service (approximately two years) under the Peace Corps Act [see
Short Title note set out under section 2501 of this title]: Provided,
That such certificates may be issued to persons who have completed a
lesser period of satisfactory service if, in the judgment of the
Director of the Peace Corps, (1) their service was of sufficient
duration to demonstrate their capability to complete satisfactorily a
full term, and (2) their failure to complete a full term was due to
circumstances beyond their control.
Sec. 4. Any appointment under this order shall be effected within a
period of one year after completion of the appointee's service under the
Peace Corps Act [see Short Title note set out under section 2501 of this
title]: Provided, That such period may be extended to not more than
three years in the case of persons who, following such service, are
engaged in military service, in the pursuit of studies at a recognized
institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
Sec. 5. Any law, Executive Order, or regulation which would
disqualify an applicant for appointment in the competitive service or in
the excepted service concerned shall also disqualify an applicant for
appointment under this order.
Section Referred to in Other Sections
This section is referred to in sections 2505, 2509, 2715b of this
title; title 5 sections 8142, 8332, 8334, 8422; title 26 sections 912,
3401, 9801; title 29 section 1181; title 42 sections 300gg, 409, 14402.
