§ 2509. Presidential powers and authorities

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1961

   Pub. L. 87–293 title I § 10 · 75 Stat. 612

   Enacted · 22 U.S.C. § 2509

   Pub. L. 87–293, title I, § 10, Sept. 22, 1961, 75 Stat. 617

   Source evidence

   Code source credit
   Pub. L. 87–293, title I, § 10, Sept. 22, 1961, 75 Stat. 617

   Enacted provision · exact public law section
   Sec. 10. general powers and authorities (a) In furtherance of the purposes of this Act, 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 educa-tional 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 Act: Provided, That not more than one hundred and twenty-five Peace Corps volunteers or volunteer leaders shall be assigned to international organizations as described in this section; (3) accept in the name of the Peace Corps and employ in furtherance of the purposes of this Act (A) voluntary services 64 Stat. 765. notwithstanding the provisions of 31 U.S.C. 665(b), and (B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise; and (4) 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) Notwithstanding any other provision of law, whenever the President determines that it will further the purposes of this Act, the President, under such regulations as he may prescribe, may settle and pay, in an amount not exceeding $10,000, 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) 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 Act, including commitments for the purpose of paying or providing for allowances and other benefits of volunteers authorized by sections 5 and 6 of this Act, may extend at any time for not more than thirty-six months. (d) Whenever the President determines it to be in furtherance of the purposes of this Act, functions authorized by this Act may be performed without regard to such provisions of law (other than the 65 Stat. 7; 73 Stat. 210. 50 USC app. 1211 note. 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) The President may allocate or transfer to any agency of the United States Government any funds available for carrying out the purposes of this Act including any advance received by the United States from any country or international organization under authority of this Act, 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 Act in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred. (f) Any officer of the United States Government carrying out functions under this Act 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) In the case of any commodity, service, or facility procured from any agency of the United States Government under this Act, reimbursement or payment shall be made to such agency from funds available under this Act. 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.

2. 1963

   Pub. L. 88–200 § 5 · 77 Stat. 359

   Inserted · 22 U.S.C. § 2509(a)(3)

   Pub. L. 88–200 inserted provision for transfer of property

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 88–200 inserted provision for transfer of property.

   Enacted provision · exact public law section
   Sec. 5. Section 10(a) of the Peace Corps Act, as amended, which relates to general powers and authorities, is amended by inserting immediately after “or otherwise” in paragraph (3) “, and transfer such 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 Act”.

3. 1965

   Pub. L. 89–134 § 6 · 79 Stat. 549

   Inserted · 22 U.S.C. § 2509(a)(3)

   Pub. L. 89–134 inserted “money or” after “and transfer such”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 89–134 inserted “money or” after “and transfer such”.

   Enacted provision · exact public law section
   Sec. 6. In section 10(a)(3) of the Peace Corps Act, as amended, Gifts. 75 Stat. 617; 77 Stat. 360. 22 USC 2509. which relates to acceptance, employment, and transfer of gifts, immediately after “and transfer such” insert, “money or”.

4. 1966

   Pub. L. 89–572 § 6 · 80 Stat. 764

   1. Inserted · 22 U.S.C. § 2509(a)(3)

      Pub. L. 89–572 inserted “or transfer” after “and employ”

   2. Struck · 22 U.S.C. § 2509(a)(3)

      Pub. L. 89–572 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 6. Section 10(a)(3) of the Peace Corps Act, as amended, which 22 USC 2509. relates to the acceptance, employment, and transfer of gifts, is amended by inserting “or transfer” immediately after “and employ” and by striking out all that appears between “or otherwise” and and”.

5. 1973

   Pub. L. 93–49 § 2 · 87 Stat. 99

   Changed · 22 U.S.C. § 2509(d)

   Pub. L. 93–49 excepted from waiver of Federal laws the application of sections 5 and 252 of title 41

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–49 excepted from waiver of Federal laws the application of sections 5 and 252 of title 41.

   Enacted provision · exact public law section
   Sec. 2. Section 10(d) Procurement procedure. 75 Stat. 618. 41 USC 5. of the Peace Corps Act (22 U.S.C. 2509(d)) is amended by inserting immediately after “other than”, the following: “section 3709 of the Revised Statutes of the United States, as amended, section 302 of the Federal Property and Administrative Services Act of 1949, and”. 41 USC 252.

6. 1978

   Peace Corps Act Amendments of 1978

   Pub. L. 95–331 § 5(a)(1) · 92 Stat. 414

   Struck · 22 U.S.C. § 2509(a)(2)

   Pub. L. 95–331, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 95–331, § 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.

   Enacted provision · exact public law section
   (1) in subsection (a)(2) by striking out “: Provided” and all that follows through “section”;

   Effective date note
   Pub. L. 95–331, § 5(b), Aug. 2, 1978, 92 Stat. 415, 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].”

7. 1978

   Peace Corps Act Amendments of 1978

   Pub. L. 95–331 § 5(c) · 92 Stat. 414

   1. Added · 22 U.S.C. § 2509(a)(3)(5)

      Pub. L. 95–331, § 5(c), added par. (3)

   2. Redesignated · 22 U.S.C. § 2509(a)(3)(5)

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

   Source evidence

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

   Enacted provision · exact public law section
   (c) Section 10(a) of such Act is further amended— 22 USC 2509. (1) by inserting the following new paragraph after paragraph (2): “(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;”; and (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively.

   Effective date note
   Pub. L. 95–331, § 5(b), Aug. 2, 1978, 92 Stat. 415, 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].”

8. 1978

   Peace Corps Act Amendments of 1978

   Pub. L. 95–331 § 5(a)(2) · 92 Stat. 414

   Substituted · 22 U.S.C. § 2509(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) in subsection (b) by striking out “$10,000” and inserting in lieu thereof “$20,000”; and

   Effective date note
   Pub. L. 95–331, § 5(b), Aug. 2, 1978, 92 Stat. 415, 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].”

9. 1978

   Peace Corps Act Amendments of 1978

   Pub. L. 95–331 § 5(a)(3) · 92 Stat. 414

   Added · 22 U.S.C. § 2509(h)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(h) 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 Act, 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.”.

   Effective date note
   Pub. L. 95–331, § 5(b), Aug. 2, 1978, 92 Stat. 415, 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].”

10. 1981

    Pub. L. 97–113 title VI § 604(a) · 95 Stat. 1519

    Added · 22 U.S.C. § 2509(i); 22 U.S.C. § 2509(j)

    Pub. L. 97–113 added subsecs. (i) and (j)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 97–113 added subsecs. (i) and (j).

    Enacted provision · exact public law section
    (a) Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended by adding at the end thereof the following new subsections: “(i) The Director of the Peace Corps shall have the same authority as is available to the Secretary of State under section 26(a) of the State Department Basic Authorities Act of 1956. For purposes of this 94 Stat. 2154. 22 USC 2698. subsection, the reference in such section 26(a) 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 Act. “(j) The provisions of section 30 of the State Department Basic Authorities Act of 1956 shall apply to volunteers and persons 94 Stat. 2155. 22 USC 2702. employed, appointed, or assigned under this Act. 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.”.

11. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 602(a) · 108 Stat. 382

    Substituted · 22 U.S.C. § 2509(c)

    Pub. L. 103–236, § 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

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–236, § 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.

    Enacted provision · exact public law section
    (a) Extension of Contracting Authority.— Section 10(c) of the Peace Corps Act (22 U.S.C. 2509(c)) is amended by striking “thirty six months” and inserting “five years”.

12. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 602(b) · 108 Stat. 382

    Inserted · 22 U.S.C. § 2509(j)

    Pub. L. 103–236, § 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.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 103–236, § 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.”

    Enacted provision · exact public law section
    (b) Liability Insurance for Medical Services Personnel.— Section 10(j) of the Peace Corps Act (22 U.S.C. 2509(j)) is amended by inserting before the period at the end of the first sentence “, and to individuals employed under personal services contracts to furnish medical services abroad pursuant to subsection (a)(5) of this section.”.

13. 1999

    Pub. L. 106–30 § 2(b)(4) · 113 Stat. 55

    Substituted · 22 U.S.C. § 2509(a)(4)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) Section 10(a)(4) of such Act (22 U.S.C. 2509(a)(4)) is amended by striking “31 U.S.C. 665(b)” and inserting “section 1342 of title 31, United States Code”.

14. 2011

    Kate Puzey Peace Corps Volunteer Protection Act of 2011

    Pub. L. 112–57 § 5(2) · 125 Stat. 744

    Substituted · 22 U.S.C. § 2509(a)(5)

    Pub. L. 112–57 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 (22 U.S.C. 3901 et seq.))” for “any purpose”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 112–57 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 (22 U.S.C. 3901 et seq.))” for “any purpose”.

    Enacted provision · exact public law section
    (2) in section 10(a)(5) (22 U.S.C. 2509(a)(5)), by striking “any purpose” and inserting “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 (22 U.S.C. 3901 et seq.))”.

15. 2018

    Sam Farr and Nick Castle Peace Corps Reform Act of 2018

    Pub. L. 115–256 title II § 203 · 132 Stat. 3650

    Added · 22 U.S.C. § 2509(k)

    Pub. L. 115–256 added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 115–256 added subsec. (k).

    Enacted provision · exact public law section
    SEC. 203. CONSULTATION WITH CONGRESS REQUIRED BEFORE OPENING OR CLOSING OVERSEAS OFFICES AND COUNTRY PROGRAMS.   Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended by adding at the end the following new subsection: “(k) (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.” .

17 of 17 references resolved to an enrolled provision