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
For the purpose of performing functions under this chapter outside the United States, the President may employ or assign persons, or authorize the employment or assignment of officers or employees of agencies of the United States Government 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 [22 U.S.C. 3962
, 3963], together with allowances and benefits thereunder; and persons so employed or assigned shall be entitled, except to the extent that the President may specify otherwise in cases in which the period of the employment or assignment exceeds thirty months, to the same benefits as are provided by section 310 of that Act [22 U.S.C. 3950
] for persons appointed to the Foreign Service.
The President may utilize such authority contained in the Foreign Service Act of 1980 [22 U.S.C. 3901
et seq.] relating to members of the Foreign Service and other United States Government officers and employees as the President deems necessary to carry out functions under this chapter, except that—
no Foreign Service appointment or assignment under this paragraph shall be for a period of more than seven and one-half years, subject to paragraph (5) and except as provided in paragraph (6); and
no individual whose Foreign Service appointment or assignment under this paragraph has been terminated shall be reappointed or reassigned under this paragraph before the expiration of a period of time equal to the preceding tour of duty of that individual.
Subparagraphs (A) and (B) do not apply with respect to foreign national employees. Such provisions of the Foreign Service Act of 1980 [22 U.S.C. 3901
et seq.] (other than the provisions of section 309 [22 U.S.C. 3949
]) as the President deems appropriate shall apply to individuals appointed or assigned under this paragraph, including in all cases, the provisions of section 310 of that Act [22 U.S.C. 3950
], except that (i) the President may by regulation make exceptions to the application of section 310 [22 U.S.C. 3950
] in cases in which the period of the appointment or assignment exceeds thirty months, (ii) members of the Foreign Service appointed or assigned pursuant to this paragraph shall receive within-class salary increases in accordance with such regulations as the President may prescribe, and (iii) under such regulations as the President may prescribe, individuals who are to perform duties of a more routine nature than are generally performed by members of the Foreign Service assigned to class 9 in the Foreign Service Schedule may be appointed to an unenumerated class ranking below class 9 in the Foreign Service Schedule and be paid basic compensation at rates lower than those for class 9, except that such rates may be no less than the then applicable minimum wage rate specified in section 206(a)(1) of title 29
The President may specify what additional allowance authorized by section 5941 of title 5
and which of the allowances and differentials authorized by sections 5923 through 5925 of such title 5, may be granted to any person employed, appointed, or assigned under this subsection, or contracted with for personal services under section 2509(a)(5) of this title
, and may determine the rates thereof not to exceed the rates otherwise granted to employees under the sections of title 5 referred to in this paragraph.
An individual who has received an appointment or assignment in the Foreign Service under this subsection may, not later than September 30, 1982, or three years after separation from such appointment or assignment, whichever is later, be appointed to a position in any United States department, agency, or establishment—
in the competitive service under title 5 without competitive examination and in accordance with such regulations and conditions consistent with this subsection as may be prescribed by the Director of the Office of Personnel Management, or
in an established merit system in the excepted service,
if such individual (i) served satisfactorily under the authority of this subsection, as certified by the President, for not less than thirty-six months on a continuous basis without a break in service of more than three days, and (ii) is qualified for the position in question.
Except as provided in paragraph (6), the Director of the Peace Corps may make appointments or assignments of United States citizens under paragraph (2) for periods of more than five years only in the case of individuals whose performance as employees of the Peace Corps has been exceptional and only in order to achieve one or more of the following purposes:
To permit individuals who have served at least two and one-half years of such an appointment or assignment abroad to serve in the United States thereafter.
To permit individuals who have served at least two and one-half years of such an appointment or assignment in the United States to serve abroad thereafter.
To permit individuals who have served at least two and one-half years of such an appointment or assignment in a recruitment, selection, or training activity to be reassigned to an activity other than the one in which they have most recently so served.
To promote the continuity of functions in administering the Peace Corps.
At no time may the number of appointments or assignments of United States citizens in effect under paragraph (2) for periods in excess of five years exceed fifteen percent of the total of all appointments and assignments of United States citizens then in effect under paragraph (2).
Notwithstanding the limitation set forth in paragraph (2)(A) on the length of an appointment or assignment under paragraph (2) and notwithstanding the limitations set forth in paragraph (5) on the circumstances under which such an appointment or assignment may exceed five years, the Director of the Peace Corps, under special circumstances, may personally approve an extension of an appointment or assignment under paragraph (2) for not more than one year on an individual basis.
The limitations specified in subparagraphs (A) and (B) of paragraph (2) and in paragraph (5) shall not apply to—
the Inspector General of the Peace Corps; and
officers and employees of the Office of the Inspector General of the Peace Corps.
The Director of the Peace Corps may designate Peace Corps positions as critical management or management support positions that require specialized technical or professional skills and knowledge of Peace Corps operations. Such positions may include positions in the following fields:
Volunteer health services.
Safety and security.
Subject to subparagraphs (C) and (D), with respect to positions designated pursuant to subparagraph (A), the Director may make or extend renewable appointments or assignments under paragraph (2) notwithstanding limitations under subparagraphs (A) and (B) of paragraph (2) and paragraph (5).
In exercising authority under subparagraph (B), the Director shall ensure that all decisions regarding the appointment, assignment, or extension of employees to any position designated pursuant to subparagraph (A)—
are consistent with Federal law and Peace Corps policy; and
are based upon operational and programmatic factors.
The term of any appointment or assignment to any position designated pursuant to subparagraph (A) may not exceed 5 years.
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, § 7], Sept. 22, 1961, [75 Stat. 615]; [Pub. L. 87–793, § 1001](l), Oct. 11, 1962, [76 Stat. 865]; [Pub. L. 88–200, § 4], Dec. 13, 1963, [77 Stat. 360]; [Pub. L. 89–134, § 4], Aug. 24, 1965, [79 Stat. 549]; [Pub. L. 91–352, § 5], July 24, 1970, [84 Stat. 465]; [Pub. L. 96–53, title III, § 302], Aug. 14, 1979, [93 Stat. 371]; [Pub. L. 96–465, title II], §§ 2202(b), 2205(9), Oct. 17, 1980, [94 Stat. 2157], 2160; [Pub. L. 98–473, title I, § 101(1)] [title V, § 541(a)], Oct. 12, 1984, [98 Stat. 1884], 1903; [Pub. L. 99–83, title XI, § 1103(a)], Aug. 8, 1985, [99 Stat. 272]; [Pub. L. 112–57], §§ 5(1), 6, Nov. 21, 2011, [125 Stat. 744]; [Pub. L. 115–256, title I, § 104], Oct. 9, 2018, [132 Stat. 3653].)