Executive Order 11041—Continuance and Administration of the Peace Corps in the Department of State

By virtue of the authority vested in me by the Peace Corps Act (75 Stat. 612), and as President of the United States, it is hereby ordered as follows:

PART I--DELEGATION OF FUNCTIONS AND ALLOCATION OF FUNDS

SECTION 101. Delegation of functions to the Secretary of State. (a) 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 Secretary of State all functions conferred upon the President by the Act.

(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 Secretary of State and shall be performed in consultation with the Secretary of the Treasury.

(c) The functions of prescribing conditions, conferred upon the President by the second sentence of Section 5(e) and the concluding phrase of Section 6 (3) of the Act and hereinabove delegated to the Secretary of State, shall be exercised in consultation with the head of the United States Government agency responsible for the facility.

SEC. 102. Continuance of the Peace Corps. (a) The Secretary of State shall take such action as may be appropriate to continue in existence under the Act 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).

(b) The Peace Corps shall be headed by the Director for whom provision is made in Section 4 (a) of the Act. The Deputy Director, for whom provision is made in Section 4(a) of the Act, shall also serve in the Peace Corps.

SEC. 103. Allocation and transfer of funds. 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 Secretary of State or to such subordinate officer as he may designate. The Secretary of State 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 expenditure thereby consistent with applicable law.

SEC. 104. Delegation of functions to the Civil Service Commission. There is hereby delegated 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".

PART II--RESERVED FUNCTIONS

SEC. 201. Reservation of functions to the President. There are hereby excluded from the delegations made by Part I of this order the following-described 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 and except to the extent that such authority is in respect of the Foreign Service Act of 1946.

(d) The authority conferred upon him by Section 10(f) of the Act to direct any agency of the United States Government as provided in that section.

(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.

(f) The authority conferred upon him by Section 19 of the Act to adopt and alter an official seal or emblem of the Peace Corps.

(g) The authority conferred upon him by the first sentence of Section 22 of the Act to establish standards and procedures to the extent not inconsistent with the proviso of Section 303 of this order.

PART III--INCIDENTAL PROVISIONS

SEC. 301. Personnel. Persons appointed, employed or assigned after May 19, 1959, under Section 527(c) of the Mutual Security Act of 1954 or Section 7(c) of the Act for the purpose of performing functions under such Acts outside the United States shall not, unless otherwise agreed by the agency in which such benefits may be exercised, be entitled to the benefits provided by Section 528 of the Foreign Service Act of 1946 in cases in which their service under the appointment, employment or assignment exceeds thirty months.

SEC. 302. Determination. Pursuant to Section 10 (d) of the Act, it is hereby determined to be in furtherance of the purposes of the Act that functions authorized thereby may be performed without regard to the applicable laws specified in Sections 1 and 2 and with or without consideration as specified in Section 3 of Executive Order No. 10784 of October 1, 1958 (23 F.R. 7691) but, except as may be inappropriate, subject to limitations set forth in that order.

SEC. 303. Security requirements. (a) Pursuant to Section 22 of the Act, Executive Order No. 10450 of April 27, 1953 (18 F.R. 2489 ) is hereby established as the standards and procedures for the employment or assignment to duties of persons under the Act: Provided, That the Secretary of State may establish such additional standards and procedures with respect to the employment or assignment to duties of volunteers as he may deem necessary to accomplish the purposes of the Act.

(b) Nothing in Section 303(a) hereof or in Executive Order No. 10450 or in any other Executive order heretofore issued shall affect the exercise of the authority conferred upon the President by Section 5 (i ) of the Act.

SEC. 304. Definitions. (a) As used in this order the words "the Peace Corps Act" and the words "the Act" mean Title I of "An Act to provide for a Peace Corps to help the peoples of interested countries and areas in meeting their needs for skilled manpower" (Public Law 87-293, approved September 22, 1961; 75 Stat. 612 et seq.).

(b) As used in this order, the words "volunteers," "function," "United States," and "United States Government agency" shall have the same meanings, respectively, as they have under the Act.

SEC. 305. References to orders and acts. Except as may for any reason be inappropriate:

(a) References in this order to (1) "the Peace Corps Act" or "the Act", (2) any other Act, or (3) any provision thereof shall be deemed to include references thereto, respectively, as amended from time to time.

(b) References in this order, or in any other Executive order, to this order or to any provision thereof shall be deemed to include references thereto, respectively, as amended from time to time.

(c) References in this order to any prior Executive order not superseded by this order shall be deemed to include references thereto as amended from time to time.

SEC. 306. Superseded order. Executive Order No. 10924 of March 1, 1961 (26 F.R. 1789) is hereby superseded.

SEC. 307. Saving provisions. Except to the extent that they may be inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued or entered into with respect to any function affected by this order and not revoked, superseded, or otherwise made inapplicable before the date of this order shall continue in full force and effect until amended, modified, or terminated by appropriate authority.

JOHN F. KENNEDY

THE WHITE HOUSE,

August 6, 1962