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
Pub. L. 96–465, title II, § 2205(9)94 Stat. 2160 Repealed. , ,
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, § 775 Stat. 615Pub. L. 87–793, § 1001l76 Stat. 865Pub. L. 88–200, § 477 Stat. 360Pub. L. 89–134, § 479 Stat. 549Pub. L. 91–352, § 584 Stat. 465Pub. L. 96–53, title III, § 30293 Stat. 371Pub. L. 96–465, title II94 Stat. 2157Pub. L. 98–473, title I, § 101(1)98 Stat. 1884Pub. L. 99–83, title XI, § 1103(a)99 Stat. 272Pub. L. 112–57125 Stat. 744Pub. L. 115–256, title I, § 104132 Stat. 3653(, , ; (), , ; , , ; , , ; , , ; , , ; , §§ 2202(b), 2205(9), , , 2160; [title V, § 541(a)], , , 1903; , , ; , §§ 5(1), 6, , ; , , .)
Editorial Notes
References in Text
Pub. L. 87–29375 Stat. 612section 2501 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , known as the Peace Corps Act. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 96–46594 Stat. 2071section 3901 of this titleThe Foreign Service Act of 1980, referred to in subsec. (a)(1), (2), is , , , which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
Pub. L. 98–473Pub. L. 98–473Amendment by is based on section 703 of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives , which was enacted into permanent law by .
Amendments
Pub. L. 115–2562018—Subsec. (a)(8). added par. (8).
Pub. L. 112–57, § 5(1)section 2509(a)(5) of this title2011—Subsec. (a)(3). , inserted “, or contracted with for personal services under ,” after “employed, appointed, or assigned under this subsection”.
Pub. L. 112–57, § 6Subsec. (a)(7). , added par. (7).
Pub. L. 99–83, § 1103(a)(1)1985—Subsec. (a)(2)(A). , 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.
Pub. L. 99–83, § 1103(a)(2)Subsec. (a)(5), (6). , added pars. (5) and (6).
Pub. L. 98–4731984—Subsec. (a)(2). inserted provision that subparagraphs (A) and (B) do not apply with respect to foreign national employees.
Pub. L. 96–465, § 2202(b)(1)(A)22 U.S.C. 8011980—Subsec. (a)(1). , 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 ( 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.
Pub. L. 96–465, § 2202(b)(1)(B)section 206(a)(1) of title 29Subsec. (a)(2). , 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 .
Pub. L. 96–465, § 2202(b)(2)Subsec. (a)(4). , among other changes, struck out provisions relating to the time Congress enacts Foreign Service personnel reform legislation, inserted reference to , and substituted “such individual” for “such person” and “continuous basis without a break in service of more than three days” for “substantially continuous basis”.
Pub. L. 96–465, § 2205(9)Subsec. (b). , 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.
Pub. L. 96–531979—Subsec. (a)(4). added par. (4).
Pub. L. 91–352section 5941 of title 5section 118h of title 51970—Subsec. (a)(3). substantially reenacted provisions and substituted references to , and sections 5923 through 5925 of such title 5, for references to and title II of the Overseas Differentials and Allowances Act.
Pub. L. 89–134, § 4(a)section 118h of title 51965—Subsec. (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 and substituted reference to subsec. (a) for reference to subsec. (c). Former subsec. (a), relating to domestic employment, was repealed.
Pub. L. 89–134, § 4(c)Subsec. (b). , 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.
Pub. L. 89–134, § 4(d)Subsec. (c). , 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).
Pub. L. 89–134, § 4(c)Subsecs. (d), (e). , (d), redesignated subsecs. (d) and (e) as (b) and (c), respectively.
Pub. L. 88–2001963—Subsec. (b). struck out “so” before “employed”.
Pub. L. 87–7931962—Subsec. (b). 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Pub. L. 99–83section 1301 of Pub. L. 99–83section 2151–1 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–465section 2403 of Pub. L. 96–465section 3901 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
Effective Date of 1979 Amendment
Pub. L. 96–53section 512(a) of Pub. L. 96–53section 2151 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–134, § 5(a)79 Stat. 551
Effective Date of 1962 Amendment
Pub. L. 87–793section 1008 of Pub. L. 87–793Amendment by effective on first day of first pay period which begins on or after , see .
Peace Corps Appointments or Assignments
Pub. L. 108–199, div. D, title II118 Stat. 156
Similar provisions were contained in the following prior appropriation act:
Reports to Congress
Pub. L. 99–83, title XI, § 1103(b)99 Stat. 273section 1103(a) of Pub. L. 99–83section 3003 of Pub. L. 104–66section 1113 of Title 31, , , 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 (amending subsec. (a) of this section), terminated, effective , pursuant to , as amended, set out as a note under , Money and Finance. See, also, page 189 of House Document No. 103–7.
Transfer of Washington Headquarters Personnel from Civil Service to Foreign Service Appointments
Pub. L. 89–134, § 5(b)79 Stat. 551
section 5(b) of Pub. L. 89–134section 2501 of this titlesection 2501 of this title[Functions of the President conferred by , 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, , 44 F.R. 29023, set out as a note under . 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, , 36 F.R. 12675, set out as a note under , which was superseded by section 1–707 of Ex. Ord. No. 12137.]
Executive Documents
Delegation of Functions
section 2501 of this titleFunctions of President under this section delegated to Director of Peace Corps by section 1–103 of Ex. Ord. No. 12137, , 44 F.R. 29023, eff. , set out as a note under .
Coordination of Changes in Policy With Secretary of State
section 2501 of this titleAny substantial changes in policies in effect on , for the utilization of the Foreign Service Act of 1980 (§ 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, , 44 F.R. 29023, set out as a note under .
Benefits for Persons Appointed or Assigned Under Subsec. (a)
section 928 of this titlesection 2501 of this titlePersons 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 in cases in which their service under the appointment, employment, or assignment exceeds thirty months, see section 1–401 of Ex. Ord. No. 12137, , 44 F.R. 29023, set out as a note under .