countries and areas to establish programs under which their citizens and nationals would volunteer to serve in order to help meet the needs of less developed countries or areas for trained manpower; (2) to encourage less developed countries or areas to establish programs under which their citizens and nationals would volunteer to serve in order to meet their needs for trained manpower; and (3) to encourage the development of, and participation in, international voluntary service programs and activities.

(b) (1) 93 Activities carried out by the President in furtherance of the purposes of clauses (1) and (2) of subsection (a) shall be limited

to

(A) furnishing technical assistance, materials, tools, supplies, and training appropriate to the support of volunteer programs in such countries or areas; and

areas.

(B) conducting demonstration projects in such countries or None of the funds made available to carry out the purposes of clauses (1) and (2) of subsection (a) may be used to pay the administrative costs of any program or project, other than a demonstration project, or to assist any program or project of a paramilitary or military nature. Funds allocated for activities set forth in this paragraph should be kept to a minimum so that such allocation will not be detrimental to other Peace Corps programs and activities.

95 96

(2) Not more than 2 per centum of the amount appropriated to the Peace Corps for a fiscal year may be used in such fiscal year 96 to carry out the provisions of clause (3) of subsection (a) of this section. Such funds may be contributed to educational institutions, private voluntary organizations, international organizations, and foreign governments or agencies thereof, to pay a fair and proportionate share of the costs of encouraging the development of, and participation in, international voluntary programs and activities.

(c) Such activities shall not compromise the national character of the Peace Corps.

3 Paragraph (1) was amended and restated by Sec. 7 of Public Law 95-331 (92 Stat. 415). It formerly read as follows:

"(1) Activities carried out by the President in furtherance of the purposes of clauses (1) and (2) of subsection (a) of this section shall be limited to the furnishing of knowl. edge and skills relating to the selection, training, and programing of volunteer manpower. None of the funds available for use in the furtherance of such purposes may be contributed to any international organization or to any foreign government or agency thereof; nor may such funds be used to pay the costs of developing or operating volunteer programs of such organization, government, or agency, or to pay any other costs of such organization, government, or agency."

Sec. 402 of Public Law 92-352 substituted this language for former subsection (b)(2). 95 The 2 per centum appropriation limitation was substituted in lieu of a limitation of $350,000 in any fiscal year by Sec. 8 of Public Law 95-331 (92 Stat. 416). Sec. 8 further provided that this amendment would become effective on October 1, 1978.

Sec. 112(b) of the Fiscal Year Transition Act (Public Law 94-274) provided that for the period July 1, 1976 through September 30, 1976, the limitation on expenditures in Sec. 301 (b) (2) shall be $100,000.

2. Independent Implementing Provisions of Public Law 89-134

Partial text of Public Law 89-134 [S. 2045], 79 Stat. 549, approved
August 24, 1965

The new Peace Corps personnel system provided for in section 7 of the Peace Corps Act, as amended by section 4 of Public Law 89-134, is to be implemented according to section 5 of Public Law 89-134 which is set forth below.

SEC. 5. (a) Section 4 of this Act shall not become effective until the first day of the fourth pay period which begins after the date this Act becomes law.

(b) Under such regulations as the President may prescribe, each person employed under authorities repealed by section 4(a) of this Act immediately prior to the effective date of that section shall effective on that date be appointed a Foreign Service Reserve officer or Foreign Service staff officer or employee under the authority of section 7(a) (2) of the Peace Corps Act, as amended, and appointed or assigned to an appropriate class thereof; except that

(1) no person who holds a career or career-conditional appointment immediately prior to the effective date of section 4 (a) of this Act shall, without his consent, be so appointed until three years after such effective date; and

(2) each person so appointed who, immediately prior to the effective date of section 4(a) of this Act, held a career or careerconditional appointment at grade 8 or below of the General Schedule established by the Classification Act of 1949, as amended, shall receive an appointment for the duration of operations under the Peace Corps Act, as amended.

Each person appointed under this subsection shall receive basic compensation at the rate of his class determined by the President to be appropriate, but the rate of basic compensation received by such person immediately prior to the effective date of his appointment under this subsection shall not be reduced by the provisions of this subsection.

(404)

3. Domestic Volunteer Service Act of 1973 1

Partial text of Public Law 93-113 [S. 1148], 87 Stat. 394, approved October 1, 1973 October 1, 1973

*

TITLE IV-ADMINISTRATION AND COORDINATION

ESTABLISHMENT OF AGENCY

SEC. 401. There is hereby established in the executive branch of the Government an agency to be known as the ACTION Agency. Such Agency shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. There shall also be in such agency a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Deputy Director shall perform such functions as the Director shall from time to time prescribe, and shall act as Director of the ACTION Agency during the absence or disability of the Director. There shall also be in such agency two Associate Directors who shall be appointed by the President by and with the advice and consent of the Senate, and shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. One such Associate Director shall be designated "Associate Director for Domestic and Anti-Poverty Operations" and shall carry out operational responsibility for all programs authorized under this Act, and the other such Associate Director shall be designated "Associate Director for International Operations" and shall carry out operational responsibility for all programs authorized under the Peace Corps Act (22 U.S.C. 2501 et seq.). There shall also be in such agency no more than two Assistant Directors appointed by the President by and with the advice and consent of the Senate, who shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. Each such Assistant Director shall perform such staff and support functions for such Associate Directors as the Director shall from time to time prescribe. There shall also be in such agency one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under parts A and B of title I of this Act and one Deputy Associate Director, under the Associate Director for Domestic and Anti-Poverty Operations, primarily responsible for programs carried out under title II of this Act, each of whom shall be appointed by the Director.

1 Public Law 93-113 supersedes the establishment of ACTION under Reorganization Plan No. 1 of 1971.

4. Executive Order 11603, June 30, 1971, 36 F.R. 12675 1

ASSIGNING ADDITIONAL FUNCTIONS TO THE DIRECTOR OF ACTION1

By virtue of the authority vested in me by the Peace Corps Act (75 Stat. 612, as amended; 22 U.S.C. 2501-2523) and section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

PART I-PEACE CORPS-DELEGATION OF FUNCTIONS AND ALLOCATION OF FUNDS

Section 101. Authority. The Peace Corps, established as an agency in the Department of State pursuant to Executive Order No. 10924 of March 1, 1961 (26 F.R. 1789), and continued in existence in that Department under the Peace Corps Act (hereafter in this part referred to as the Act) pursuant to section 102 of Executive Order No. 11041 of August 6, 1962 (27 F.R. 7859), is hereby transferred to the agency created by Reorganization Plan No. 1 of 1971 and designated as ACTION. The Director of ACTION (hereinafter referred to as the Director) shall provide for its continuance under the Act as a component of that agency.

Sec. 102. Delegation of functions to the Director of ACTION. Exclusive of the functions otherwise delegated or reserved to the President by this Order, and subject to the provisions of this Order, there are hereby delegated to the Director all functions conferred upon the President by the Act and Reorganization Plan No. 1 of 1971.

(b) The function of determining the portion of living allowances constituting basic compensation, conferred upon the President by section 912 (3) (D) of the Internal Revenue Code of 1954, is hereby delegated to the Director and shall be performed in consultation with the Secretary of the Treasury.

(c) The functions of prescribing regulations and making determinations (relating to appointment of Peace Corps employees in the Foreign Service System) conferred upon the President by section 5(b) of the Act, as amended (79 Stat. 551), are hereby delegated to the Director.

(d) The functions of prescribing conditions, conferred upon the President by the second sentence of section 5(e) and the concluding

Executive Order 11603 supersedes Executive Order 11041, August 6, 1962, 27 F.R. 7859, as amended by Executive Order 11250, October 10, 1965, 30 F.R. 13003, which established and continued the administration of the Peace Corps in the Department of State, State Department Delegation of Authority No. 85-11A, August 29, 1962, 27 F.R. 9074, as amended by Delegation of Authority No. 85-11A-1, October 10, 1963, 28 F.R. 11512, and by Delegation of Authority No. 85-11A-2, July 8, 1966, 31 F.R. 10000, and the letter from the Secretary of State to the Director of the Peace Corps relating to procedures under which certain functions in the Peace Corps Act were to be discharged, August 29, 1962 [Foreign Affairs Manual Circular No. 91A, October 26, 1962] are also superseded by Executive Order 11603.

NOTE.-Executive Order 11264, December 31, 1965, relating to the Board of the Foreign Service and the Board of Examiners for the Foreign Service appears on page 624.

phrase of section 6(3) of the Act (relating to providing health care in Government facilities) and hereinabove delegated to the Director, shall be exercised in consultation with the head of the United States Government agency responsible for the facility.

Sec. 103. Allocation and transfer of funds. (a) All funds appropriated or otherwise made available to the President for carrying out the provisions of the Act shall be deemed to be allocated without any further action of the President to the Director or to such subordinate officer as he may designate. The Director or such officer may allocate or transfer, as appropriate, any of such funds to any United States Government agency or part thereof for obligation or expenditures thereby consistent with applicable law.

Sec. 104. There is hereby delegated to the Secretary of State, with respect to laws administered by him, and to the Chairman of the Civil Service Commission, with respect to the laws administered by the Commission, the function conferred upon the President by that portion of section 5(f) (1) (B) of the Act which reads "except as otherwise determined by the President" (relating to disallowance of credit for service as a volunteer in determining rights of former volunteers under the Civil Service and Foreign Service Systems).

Sec. 105. (a) Nothing in this Order shall be deemed to impair or limit the powers or functions vested in the Secretary of State by the Act.

(b) The negotiation, conclusion, and termination of international agreements pursuant to the Act shall be under the direction of the Secretary of State.

(c) Any substantial change in policies in effect on the date of this Order for the utilization of the Foreign Service Act of 1946, as amended, pursuant to section 7 of the Act, shall be coordinated with the Secretary of State.

PART II-RESERVED FUNCTIONS

Sec. 201. Reservation of functions to the President. There are hereby excluded from the delegation made by Part I of this Order the following-described powers and functions of the President:

(a) All authority conferred upon him by sections 4(b), 4(c) (2), 4(c) (3), 10(d), 11, 16(b), and 18 of the Act.

(b) The authority conferred upon him by section 4 (a) of the Act to appoint the Director and the Deputy Director of the Peace Corps. (c) The authority conferred upon him by that portion of section 5(f) (1) (B) of the Act which reads "except as otherwise determined by the President" except as otherwise provided in section 104 of this Order.

(d) The authority conferred upon him by section 10(f) of the Act to direct any agency of the United States Government to provide services, facilities, and commodities to officers carrying out functions under the Act.

(e) The authority conferred upon him by section 12 of the Act to appoint persons to membership in the Peace Corps National Advisory Council and to determine the length of service of the members of that Council.