Persons eligible; terms and conditions of service; Federal employee status; racial, sex, religious, or color discrimination
section 2507a of this titleThe 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 (including training under ), 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.
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.
Readjustment allowances
Provided, howeversection 5582(b) of title 5Volunteers 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: , 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 . 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 , when such amount is transferred from funds made available under this chapter to the fund from which such readjustment allowance is payable.
Pub. L. 89–554, § 8(a)80 Stat. 661 Repealed. , ,
Health care
section 2507b of this titlesection 2507(a) of this titlesection 2507b of this title42 U.S.C. 14401Volunteers shall receive such health care (including, if necessary, for volunteers and trainees, services under ) 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 shall receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (f), and former volunteers shall receive such health examinations within six months after termination of their service, including services provided in accordance with (except that the six-month limitation shall not apply in the case of such services), 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 [ et seq.].
Prescription of medications
The Director of the Peace Corps shall consult with health experts outside the Peace Corps, including experts licensed in the field of mental health, and follow guidance by the Centers for Disease Control and Prevention regarding the prescription of medications to a volunteer.
Retirement and other credits based upon length of service
Assignment to other entities
section 2509(a) of this titleProvidedProvided, howeverThe President may detail or assign volunteers or otherwise make them available to any entity referred to in paragraph (1) of on such terms and conditions as he may determine: , 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: , 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.
Tort claims; absentee voting; general average contributions for transportation of baggage; check cashing and currency exchange; claims for overpayment of pay; passport fees
section 3342 of title 31section 5584 of title 5section 214 of this titleVolunteers 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 5732 and (and readjustment allowances paid under this chapter shall be considered as pay for purposes of such section), and .
Termination of service
The service of a volunteer may be terminated at any time at the pleasure of the President.
Oath of office
section 3331 of title 5Upon enrollment in the Peace Corps, every volunteer shall take the oath prescribed for persons appointed to any office of honor or profit by .
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.
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 and counsel may be employed and counsel fees, court costs and other expenses may be paid in the support of volunteers who are parties, complaining witnesses, or otherwise participating in the prosecution of crimes committed against such volunteers.
Allowances and expenses of minor children
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.
Independent review of volunteer death
Pub. L. 87–293, title I, § 575 Stat. 613 Pub. L. 88–200, § 277 Stat. 359 Pub. L. 89–134, § 279 Stat. 549 Pub. L. 89–554, § 8(a)80 Stat. 661 Pub. L. 89–572, § 2(a)80 Stat. 765 Pub. L. 91–99, § 283 Stat. 166 Pub. L. 91–352, § 384 Stat. 464 Pub. L. 94–13089 Stat. 684 Pub. L. 95–331, § 492 Stat. 414 Pub. L. 96–465, title II, § 2202(a)94 Stat. 2157 Pub. L. 97–113, title VI95 Stat. 1543 Pub. L. 99–83, title XI, § 1105(b)99 Stat. 276 Pub. L. 99–514, § 2100 Stat. 2095 Pub. L. 105–12, § 9(j)111 Stat. 27 Pub. L. 106–30, § 2(b)(1)113 Stat. 55 Pub. L. 112–57125 Stat. 744 Pub. L. 115–256, title I, § 101(a)(1)132 Stat. 3651 (, , ; , , ; , , ; , , , 662; , , ; , , ; , , ; , §§ 4, 6, , ; , , ; , , ; , §§ 604(b), 606, , ; , , ; , , ; , , ; –(3), , ; , §§ 3, 8(a)(1), (b), , , 745; , title III, § 301, , , 3655.)
Editorial Notes
References in Text
Pub. L. 87–29375 Stat. 612 section 2501 of this titleThis chapter, referred to in subsecs. (a), (e) to (i), and (n), 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.
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
Pub. L. 105–12111 Stat. 23 section 14401 of Title 42The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (e), is , , , which is classified principally to chapter 138 (§ 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 and Tables.
Pub. L. 96–46594 Stat. 2071 section 3901 of this titleThe Foreign Service Act of 1980, referred to in subsec. (g)(1), 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 Aug. 2, 1946, ch. 753 60 Stat. 842 act June 25, 1948, ch. 646 62 Stat. 992 The Federal Tort Claims Act, referred to in subsec. (i), is title IV of , , which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act , was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by , , the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
lPub. L. 115–256, title I, § 101(a)(1)(B)132 Stat. 3651 Subsection () of this section, referred to in subsec. (n)(4), was redesignated as subsec. (m) by , , .
Pub. L. 95–45292 Stat. 1101 Pub. L. 117–286136 Stat. 4206 section 101 of Title 5The Inspector General Act of 1978, referred to in subsec. (p)(4), is , , , which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by , §§ 3(b), 7, , , 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding .
Amendments
Pub. L. 115–256, § 101(a)(1)(A)2018—Subsec. (e). , substituted “receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (f)” for “receive such immunization and dental care preparatory to their service”.
Pub. L. 115–256, § 101(a)(1)(B)Subsecs. (f), (g). , (C), added subsec. (f) and redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h).
Pub. L. 115–256, § 101(a)(1)(B)Subsec. (h). , redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 115–256, § 101(a)(1)(D)Subsec. (i). , which directed substitution of “section), and” for “section, and” could not be executed because “section, and” did not appear in text.
Pub. L. 115–256, § 101(a)(1)(B), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
oPub. L. 115–256, § 101(a)(1)(B)oSubsecs. (j) to (). , redesignated subsecs. (i) to (n) as (j) to (), respectively.
Pub. L. 115–256, § 301Subsec. (p). , added subsec. (p).
Pub. L. 112–57, § 8(a)(1)section 2507a of this title2011—Subsec. (a). , inserted “(including training under )” after “training”.
Pub. L. 112–57, § 8(b)section 2507b of this titlesection 2507b of this titleSubsec. (e). , in first sentence, inserted “(including, if necessary, for volunteers and trainees, services under )” after “health care” and “including services provided in accordance with (except that the six-month limitation shall not apply in the case of such services),” before “as the President”.
lPub. L. 112–57, § 3Subsec. (). , inserted “and counsel may be employed and counsel fees, court costs and other expenses may be paid in the support of volunteers who are parties, complaining witnesses, or otherwise participating in the prosecution of crimes committed against such volunteers” before period at end.
Pub. L. 106–30, § 2(b)(1)1999—Subsec. (f)(1)(B). , substituted “Office of Personnel Management” for “Civil Service Commission”.
Pub. L. 106–30, § 2(b)(2)section 3342 of title 315 U.S.C. 21715 U.S.C. 73b–531 U.S.C. 492aSubsec. (h). , substituted “, section 5732 and” for “the Federal Voting Assistance Act of 1955 ( et seq.), the Act of , chapter 264, section 4 (), the Act of , chapter 716, section 1, as amended (),”.
Pub. L. 106–30, § 2(b)(3)section 3331 of title 55 U.S.C. 16Subsec. (j). , substituted “.” for “section 1757 of the Revised Statutes of the United States, as amended (), 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.”
Pub. L. 105–121997—Subsec. (e). 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.”
Pub. L. 99–5141986—Subsec. (c). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 99–831985—Subsec. (a). in amending last sentence generally, struck out provisions prohibiting political tests.
Pub. L. 97–113, § 6061981—Subsec. (c). , substituted “not less than $125” for “not to exceed $125”.
Pub. L. 97–113, § 604(b)section 2702 of this titlesection 2702(f) of this titlesection 2702(g) of this titleSubsec. (h). , struck out provision making , relating to malpractice protection, applicable to volunteers and vesting the President with the authority reposed in the Secretary of State in , and deeming a Peace Corps representative to be a principal representative of the United States for purposes of . See section 2509(i) and (j) of this title.
Pub. L. 96–465, § 2202(a)(1)(A)22 U.S.C. 1092(a)(1)1980—Subsec. (f)(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 (),”.
Pub. L. 96–465, § 2202(a)(1)(B)Subsec. (f)(1)(B). , substituted “Foreign Service Act of 1980” for “Foreign Service Act of 1946”.
Pub. L. 96–465, § 2202(a)(2)section 2702 of this titlesection 817 of this titleSubsec. (h). , substituted “” for “” and “President” for “Director of ACTION”.
Pub. L. 95–331, § 4(1)1978—Subsec. (c). , struck out provisions relating to allowances for volunteers with minor children at the time of their entering a period of pre-enrollment training.
Pub. L. 95–331, § 4(2)Subsec. (h). , inserted provisions relating to applicability of malpractice protection.
Pub. L. 94–130, § 41975—Subsec. (a). , prohibited discrimination against any person on account of sex.
Pub. L. 94–130, § 6Subsec. (c). , substituted $125 for $75 in initial clause of first sentence.
Pub. L. 91–352, § 3(a)section 5582(b) of title 5section 61f of title 51970—Subsec. (c). , 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 “” for “”.
Pub. L. 91–352, § 3(b)Subsecs. (m), (n). , added subsecs. (m) and (n).
Pub. L. 91–99section 5584 of title 51969—Subsec. (h). inserted provision that for purposes of (and readjustment allowances made thereto) volunteers are to be deemed employees of the United States Government.
Pub. L. 89–554section 8142 of Title 51966—Subsec. (d). Repealed by , and now covered by , Government Organization and Employees.
Pub. L. 89–554section 8332(b) of Title 5Subsec. (f). Repealed, as applicable to the Civil Service Retirement Act, as amended, by , and now covered by .
5 U.S.C. 73bPub. L. 89–554section 5732 of Title 5Subsec. (h). Repealed, as applicable to act , chapter 264, section 5 (-5), by , and now covered by .
lPub. L. 89–572lSubsec. (). added subsec. ().
Pub. L. 89–134, § 2(a)1965—Subsec. (c). , 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 , when the amount is transferred from funds made available under this chapter to the fund from which the readjustment allowance is paid.
Pub. L. 89–134, § 2(b)section 2507(a) of this titleSubsec. (e). , 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 , and health examinations to former volunteers within six months after termination of their service.
Pub. L. 89–134, § 2(c)Subsec. (g). , 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.
Pub. L. 89–134, § 2(d)Subsec. (h). , extended check cashing and currency exchange transaction privileges of government employees to Peace Corps volunteers.
Pub. L. 88–200, § 2(a)1963—Subsec. (b). , inserted provision for transfer of supplies and equipment.
Pub. L. 88–200, § 2(b)Provided, howeverSubsec. (c). , 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: , 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.
Pub. L. 88–200, § 2(c)Subsec. (f)(2). , substituted “readjustment allowances” for “termination payments.”
Pub. L. 88–200, § 2(d)Subsec. (g). , provided for assignment of volunteers to duties on staffs of Peace Corps representatives abroad.
Pub. L. 88–200, § 2(e)Subsec. (h). , 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.
Pub. L. 88–200, § 2(f)Subsec. (k). , added subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Pub. L. 105–12section 11 of Pub. L. 105–12section 14401 of Title 42Amendment by effective , and applicable to Federal payments made pursuant to obligations incurred after , 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 , as well as contracts entered into before , to the extent permitted under such contracts, see , set out as an Effective Date note under , The Public Health and Welfare.
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 .
Implementation of Recommendations by the Inspector General of the Peace Corps
Pub. L. 115–256, title I, § 101(b)132 Stat. 3652
Inspector general report .—
Semiannual reports.—
Initial report .—
Subsequent reports .—
Notification .—
section 101(b) of Pub. L. 115–256section 2 of Pub. L. 115–256[For definition of “appropriate congressional committees” as used in , set out above, see , set out as a note below.]
Evaluation of Health-Care Services Provided to Peace Corps Volunteers
Pub. L. 102–565, § 3106 Stat. 4266
In General .—
Requirements of the Evaluations .—
Reports to the Peace Corps .—
Report to Congress .—
Definitions .—
Legal Expenses Incurred Prior to
Pub. L. 89–572, § 2(b)80 Stat. 765
Definitions
Pub. L. 115–256, § 2132 Stat. 3650
Appropriate congressional committees .—
Director .—
Peace corps volunteer .—
Executive Documents
Delegation of Functions
section 2501 of this titleFunctions 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, , 44 F.R. 29023, eff. , set out as a note under .
Ex. Ord. No. 11103. Appointment of Former Volunteers to Civilian Career Services
Ex. Ord. No. 11103, , 28 F.R. 3571, as amended by Ex. Ord. No. 12107, , 44 F.R. 1055, provided:
22 Stat. 403 section 3301 of Title 5By virtue of the authority vested in me by the Civil Service Act () [see, generally, section 1101 et seq. of Title 5, Government Organization and Employers], and section 1753 of the Revised Statutes [], and as President of the United States, it is hereby ordered as follows:
Sectionsection 2501 of this title 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 ] 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.
Secsection 2501 of this title. 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 ] and who passes such examination as such agency head may prescribe.
Secsection 2501 of this titleProvided. 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 ]: , 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.
Secsection 2501 of this titleProvided. 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 ]: , 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.