§ 2509. — Presidential powers and authorities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2509]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 34--THE PEACE CORPS
Sec. 2509. Presidential powers and authorities
(a) Contract authority; assignment of volunteers; acceptance of
voluntary services and gifts and transfers of property; personal
service contracts
In furtherance of the purposes of this chapter, the President may--
(1) enter into, perform, and modify contracts and agreements and
otherwise cooperate with any agency of the United States Government
or of any State or any subdivision thereof, other governments and
departments and agencies thereof, and educational institutions,
voluntary agencies, farm organizations, labor unions, and other
organizations, individuals and firms;
(2) assign volunteers in special cases to temporary duty with
international organizations and agencies when the Secretary of State
determines that such assignment would serve the purposes of this
chapter;
(3) assign volunteers to duty or otherwise make them available
to any entity referred to in paragraph (1), in order to assist such
organizations and agencies in providing development or other relief
assistance to displaced persons and refugees in any country, if the
government of the country agrees to such assignment;
(4) accept in the name of the Peace Corps and employ or transfer
in furtherance of the purposes of this chapter (A) voluntary
services notwithstanding the provisions of section 1342 of title 31,
and (B) any money or property (real, personal or mixed, tangible or
intangible) received by gift, devise, bequest, or otherwise; and
(5) contract with individuals for personal services abroad, and
with aliens (abroad or within the United States) for personal
services within the United States: Provided, That no such person
shall be deemed an officer or employee or otherwise in the service
or employment of the United States Government for any purpose.
(b) Claim settlements
Notwithstanding any other provision of law, whenever the President
determines that it will further the purposes of this chapter, the
President, under such regulations as he may prescribe, may settle and
pay, in an amount not exceeding $20,000, any claim against the United
States, for loss of or damage to real or personal property (including
loss of occupancy or use thereof) belonging to, or for personal injury
or death of, any person not a citizen or resident of the United States,
where such claim arises abroad out of the act or omission of any Peace
Corps employee or out of the act or omission of any volunteer, but only
if such claim is presented in writing within one year after it accrues.
Any amount paid in settlement of any claim under this subsection shall
be accepted by the claimant in full satisfaction thereof and shall bar
any further action or proceeding thereon.
(c) Five-year contract authority
Subject to any future action of the Congress, a contract or
agreement which entails commitments for the expenditure of funds
available for the purposes of this chapter, including commitments for
the purpose of paying or providing for allowances and other benefits of
volunteers authorized by sections 2504 and 2505 of this title, may
extend at any time for not more than five years.
(d) Waiver of certain Federal laws
Whenever the President determines it to be in furtherance of the
purposes of this chapter, functions authorized by this chapter may be
performed without regard to such provisions of law (other than section 5
of title 41, section 252 of title 41, and the Renegotiation Act of 1951,
as amended [50 App. U.S.C. 1211 et seq.]) regulating the making,
performance, amendment, or modification of contracts and the expenditure
of Government funds as the President may specify.
(e) Allocation of funds
The President may allocate or transfer to any agency of the United
States Government any funds available for carrying out the purposes of
this chapter including any advance received by the United States from
any country or international organization under authority of this
chapter, but not to exceed 20 per centum in the aggregate of such funds
may be allocated or transferred to agencies other than the Peace Corps.
Such funds shall be available for obligation and expenditure for the
purposes of this chapter in accordance with authority granted in this
chapter or under authority governing the activities of the agencies of
the United States Government to which such funds are allocated or
transferred.
(f) Utilization of other Government agency services and facilities
Any officer of the United States Government carrying out functions
under this chapter may utilize the services and facilities of, or
procure commodities from, any agency of the United States Government as
the President shall direct, or with the consent of the head of such
agency, and funds allocated pursuant to this subsection to any such
agency may be established in separate appropriation accounts on the
books of the Treasury.
(g) Reimbursement for commodities, services, and facilities
In the case of any commodity, service, or facility procured from any
agency of the United States Government under this chapter, reimbursement
or payment shall be made to such agency from funds available under this
chapter. Such reimbursement or payment shall be at replacement cost, or,
if required by law, at actual cost, or at any other price authorized by
law and agreed to by the owning or disposing agency. The amount of any
such reimbursement or payment shall be credited to current applicable
appropriations, funds, or accounts from which there may be procured
replacements of similar commodities, services, or facilities, except
that where such appropriations, funds, or accounts are not reimbursable
except by reason of this subsection, and when the owning or disposing
agency determines that such replacement is not necessary, any funds
received in payment therefor shall be covered into the Treasury as
miscellaneous receipts.
(h) Hospitalization and medical treatment for Foreign Service local
employees
The President may provide hospitalization and medical treatment to
Foreign Service local employees who are within the United States for
training related to their employment under this chapter, for illnesses,
injuries, or conditions other than those arising out of and in the
course of employment, which, in the judgment of the President, began
during such employee's travel related to such training or so near to the
beginning of such travel that the onset of the illness, injury, or
condition could not have been known, and for which immediate medical
treatment or hospitalization is reasonably required.
(i) Procurement of legal services
The Director of the Peace Corps shall have the same authority as is
available to the Secretary of State under section 2698(a) of this title.
For purposes of this subsection, the reference in such section 2698(a)
of this title to a principal officer of the Foreign Service shall be
deemed to be a reference to a Peace Corps representative and the
reference in such section to a member of the Foreign Service shall be
deemed to be a reference to a person employed, appointed, or assigned
under this chapter.
(j) Malpractice protection
The provisions of section 2702 of this title shall apply to
volunteers and persons employed, appointed, or assigned under this
chapter, and to individuals employed under personal services contracts
to furnish medical services abroad pursuant to subsection (a)(5) of this
section..\1\ For purposes of this subsection, references to the
Secretary in subsection (b) of such section shall be deemed to be
references to the Director of the Peace Corps, references to the
Secretary in subsection (f) of such section shall be deemed to be
references to the President, and the reference in subsection (g) of such
section to a principal representative of the United States shall be
deemed to be a reference to a Peace Corps representative.
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\1\ So in original.
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(Pub. L. 87-293, title I, Sec. 10, Sept. 22, 1961, 75 Stat. 617; Pub. L.
88-200, Sec. 5, Dec. 13, 1963, 77 Stat. 360; Pub. L. 89-134, Sec. 6,
Aug. 24, 1965, 79 Stat. 551; Pub. L. 89-572, Sec. 6, Sept. 13, 1966, 80
Stat. 765; Pub. L. 93-49, Sec. 2, June 25, 1973, 87 Stat. 99; Pub. L.
95-331, Sec. 5(a), (c), Aug. 2, 1978, 92 Stat. 414, 415; Pub. L. 97-113,
title VI, Sec. 604(a), Dec. 29, 1981, 95 Stat. 1543; Pub. L. 103-236,
title VI, Sec. 602, Apr. 30, 1994, 108 Stat. 491; Pub. L. 106-30,
Sec. 2(b)(4), May 21, 1999, 113 Stat. 56.)
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 Renegotiation Act of 1951, as amended, referred to in subsec.
(d), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was
classified principally to section 1211 et seq. of Title 50, Appendix,
War and National Defense, prior to its omission from the Code. See
Codification note preceding section 1211 of Title 50, Appendix.
Amendments
1999--Subsec. (a)(4). Pub. L. 106-30 substituted ``section 1342 of
title 31'' for ``31 U.S.C. 665(b)''.
1994--Subsec. (c). Pub. L. 103-236, Sec. 602(a), which directed
amendment of subsec. (c) by substituting ``five years'' for ``thirty six
months'', was executed by making the substitution for ``thirty-six
months'' to reflect the probable intent of Congress.
Subsec. (j). Pub. L. 103-236, Sec. 602(b), inserted before period at
end of first sentence ``, and to individuals employed under personal
services contracts to furnish medical services abroad pursuant to
subsection (a)(5) of this section.''
1981--Subsecs. (i), (j). Pub. L. 97-113 added subsecs. (i) and (j).
1978--Subsec. (a)(2). Pub. L. 95-331, Sec. 5(a)(1), struck out
proviso limiting to no more than 125 Peace Corps volunteers or volunteer
leaders the number assignable to the described organizations.
Subsec. (a)(3) to (5). Pub. L. 95-331, Sec. 5(c), added par. (3) and
redesignated former pars. (3) and (4) as (4) and (5), respectively.
Subsec. (b). Pub. L. 95-331, Sec. 5(a)(2), substituted ``$20,000''
for ``$10,000''.
Subsec. (h). Pub. L. 95-331, Sec. 5(a)(3), added subsec. (h).
1973--Subsec. (d). Pub. L. 93-49 excepted from waiver of Federal
laws the application of sections 5 and 252 of title 41.
1966--Subsec. (a)(3). Pub. L. 89-572 inserted ``or transfer'' after
``and employ'' and struck out ``, and transfer such money or property to
the government or other entities of the country or area with which the
volunteers are serving, when such transfers would further the general
purposes of the chapter''.
1965--Subsec. (a)(3). Pub. L. 89-134 inserted ``money or'' after
``and transfer such''.
1963--Subsec. (a)(3). Pub. L. 88-200 inserted provision for transfer
of property.
Effective Date of 1978 Amendment
Section 5(b) of Pub. L. 95-331 provided that: ``The amendment made
by paragraph (2) of subsection (a) [amending this section] shall apply
to claims made after the date of the enactment of this Act [Aug. 2,
1978].''
Delegation of Functions; Allocation of Funds
Funds available to President under this chapter allocated to and
functions of President under this section, except subsec. (d) and those
functions under subsec. (f) relating to directing agencies to provide
services, facilities, and commodities to officers carrying out functions
under this chapter, were delegated to Director of Peace Corps by
sections 1-103 and 1-301(a), (d) of Ex. Ord. No. 12137, May 16, 1979, 44
F.R. 29203, eff. May 16, 1979, set out as a note under section 2501 of
this title.
Prohibition Against Use of Funds Appropriated After February 15, 1981,
and Before December 29, 1981, for Legal Services or Malpractice
Protection
Section 604(c) of Pub. L. 97-113 provided: ``To the extent that the
authorities provided by the amendments made by subsection (a) [enacting
subsecs. (i) and (j) of this section] are authorities which are not
applicable with respect to the Peace Corps immediately before the
enactment of this Act [Dec. 29, 1981] and which require the expenditure
of funds, those authorities may not be exercised using any funds
appropriated after February 15, 1981, and before the date of the
enactment of this Act.''
Waiver of Certain Laws by President Under Subsec. (d)
For determination under subsec. (d) of this section that it is in
the furtherance of the purposes of this chapter and that the functions
under this chapter may be performed without regard to the applicable
laws specified in section 1 and 2 of Ex. Ord. No. 11223, May 12, 1965,
30 F.R. 6635, set out as a note under section 2393 of this title, with
certain limitations see section 1-402 of Ex. Ord. No. 12137, May 16,
1979, 44 F.R. 29203, set out as a note under section 2501 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2504, 2517 of this title.
