22 U.S.C. § 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)

section 1342 of title 31 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 , and (B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise; and

(5)

Provided22 U.S.C. 3901 contract with individuals for personal services abroad, and with aliens (abroad or within the United States) for personal services within the United States: , That no such person shall be deemed an officer or employee or otherwise in the service or employment of the United States Government for the purposes of any law administered by the Office of Personnel Management (except that the President may determine the applicability to such individuals of provisions of the Foreign Service Act of 1980 ( et seq.)).

(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 sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41, and the Renegotiation Act of 1951, as amended) 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

section 2698(a) of this title section 2698(a) of this titleThe Director of the Peace Corps shall have the same authority as is available to the Secretary of State under . For purposes of this subsection, the reference in such 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

section 2702 of this title 1

1 So in original.

The provisions of 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.. 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.

(k)

Opening or closing overseas offices and country programs

(1)

Except as provided in paragraph (2), the Director of the Peace Corps may not open, close, significantly reduce, or suspend a domestic or overseas office or country program unless the Director has notified and consulted with the appropriate congressional committees at least 15 days in advance.

(2)

The Director of the Peace Corps may waive the application of paragraph (1) for a period of not more than 5 days after an action described in such paragraph if the Director determines such action is necessary to ameliorate a substantial security risk to Peace Corps volunteers or other Peace Corps personnel.

(3)

For the purposes of this subsection, the term “appropriate congressional committees” means—

(A)

the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B)

the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Pub. L. 87–293, title I, § 10Sept. 22, 196175 Stat. 617 Pub. L. 88–200, § 5Dec. 13, 196377 Stat. 360 Pub. L. 89–134, § 6Aug. 24, 196579 Stat. 551 Pub. L. 89–572, § 6Sept. 13, 196680 Stat. 765 Pub. L. 93–49, § 2June 25, 197387 Stat. 99 Pub. L. 95–331, § 5(a)Aug. 2, 197892 Stat. 414 Pub. L. 97–113, title VI, § 604(a)Dec. 29, 198195 Stat. 1543 Pub. L. 103–236, title VI, § 602Apr. 30, 1994108 Stat. 491 Pub. L. 106–30, § 2(b)(4)May 21, 1999113 Stat. 56 Pub. L. 112–57, § 5(2)Nov. 21, 2011125 Stat. 744 Pub. L. 115–256, title II, § 203Oct. 9, 2018132 Stat. 3655(, , ; , , ; , , ; , , ; , , ; , (c), , , 415; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 87–293Sept. 22, 196175 Stat. 612 section 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. 96–465Oct. 17, 198094 Stat. 2071 section 3901 of this titleThe Foreign Service Act of 1980, referred to in subsec. (a)(5), 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.

act Mar. 23, 1951, ch. 15 65 Stat. 7The Renegotiation Act of 1951, as amended, referred to in subsec. (d), is , , which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code.

Codification

Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (d), “sections 3101(a) and (c), 3104, 3106, 3301(b)(2), and 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States, as amended, section 302 of the Federal Property and Administrative Services Act of 1949,” on authority of , , , which Act enacted Title 41, Public Contracts.

Amendments

Pub. L. 115–2562018—Subsec. (k). added subsec. (k).

Pub. L. 112–57 22 U.S.C. 39012011—Subsec. (a)(5). substituted “the purposes of any law administered by the Office of Personnel Management (except that the President may determine the applicability to such individuals of provisions of the Foreign Service Act of 1980 ( et seq.))” for “any purpose”.

Pub. L. 106–30 section 1342 of title 31 31 U.S.C. 665(b)1999—Subsec. (a)(4). substituted “” for “”.

Pub. L. 103–236, § 602(a)1994—Subsec. (c). , 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.

Pub. L. 103–236, § 602(b)Subsec. (j). , 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.”

Pub. L. 97–1131981—Subsecs. (i), (j). added subsecs. (i) and (j).

Pub. L. 95–331, § 5(a)(1)1978—Subsec. (a)(2). , struck out proviso limiting to no more than 125 Peace Corps volunteers or volunteer leaders the number assignable to the described organizations.

Pub. L. 95–331, § 5(c)Subsec. (a)(3) to (5). , added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Pub. L. 95–331, § 5(a)(2)Subsec. (b). , substituted “$20,000” for “$10,000”.

Pub. L. 95–331, § 5(a)(3)Subsec. (h). , added subsec. (h).

Pub. L. 93–491973—Subsec. (d). excepted from waiver of Federal laws the application of sections 5 and 252 of title 41.

Pub. L. 89–5721966—Subsec. (a)(3). 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”.

Pub. L. 89–1341965—Subsec. (a)(3). inserted “money or” after “and transfer such”.

Pub. L. 88–2001963—Subsec. (a)(3). inserted provision for transfer of property.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–331, § 5(b)Aug. 2, 197892 Stat. 415

Aug. 2, 1978“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 [].”

, , , provided that:

February 15, 1981December 29, 1981Prohibition Against Use of Funds Appropriated After , and Before , for Legal Services or Malpractice Protection

Pub. L. 97–113, title VI, § 604(c)Dec. 29, 198195 Stat. 1543

Dec. 29, 1981February 15, 1981“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 [] and which require the expenditure of funds, those authorities may not be exercised using any funds appropriated after , and before the date of the enactment of this Act.”

, , , provided:

Executive Documents

Delegation of Functions; Allocation of Funds

May 16, 1979May 16, 1979section 2501 of this titleFunds 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, , 44 F.R. 29203, eff. , set out as a note under .

Waiver of Certain Laws by President Under Subsec. (d)

May 12, 1965section 2393 of this titleMay 16, 1979section 2501 of this titleFor 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, , 30 F.R. 6635, set out as a note under , with certain limitations see section 1–402 of Ex. Ord. No. 12137, , 44 F.R. 29203, set out as a note under .