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pdf22 USC 2504 - Sec. 2504.
Peace Corps volunteers
US Code - Title 22: Foreign Relations and Intercourse
Text
(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. (g742l)
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.
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 preenrollment 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.
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